Mar 13, 2025
citizen initiative process, Idaho, mandatory minimum
An outrageous bill (HJR004) that removes the ballot initiative process for cannabis (and other drugs) legalization has unfortunately passed the Idaho House of Representatives and Senate in lopsided votes. As a result, in 2026, Idaho voters will vote on a state constitutional amendment providing:
"Shall Section 26, Article III of the Constitution of the State of Idaho 26 be amended to provide that only the Idaho Legislature shall have power and authority to legalize the growing, producing, manufacturing, transporting, selling, delivering, dispensing, administering, prescribing, distributing, possessing, or using of marijuana, narcotics, or other psychoactive substances?"
If approved by a majority of voters, no citizen's initiative would ever be allowed to create a compassionate medical cannabis program or adult-use legalization law. Idaho arguably has the worst cannabis laws in the nation – and the most anti-cannabis state lawmakers. The state has no medical cannabis program, no adult-use legalization law, and no decriminalization law.
Last month, Idaho Governor Brad Little (R) signed a draconian bill into law (H0007) that created a mandatory minimum fine for cannabis possession. Starting on January 1, the new law will impose a mandatory minimum $300 fine on simple possession of cannabis — less than or equal to 3 ounces — in addition to possible jail time.
Twenty-three Idaho lawmakers also proposed a bill (HJR003) to require a ⅔ supermajority vote of the legislature to for any bill to legalize cannabis. It was re-referred to its original committee and appears to have stalled. These repeated attempts and overreach hurts Idahoans financially, and also seek to eliminate the path of a medical or adult-use program in the coming years — or even decades.
Idahoans deserve to make their own decisions — both about cannabis and cannabis policy. They do not need government authorities to control every freedom and decision. If you live in Idaho, be prepared to vote "no" next year on the proposed constitutional amendment to take away your rights regarding cannabis.