The Idaho State Senate has approved a proposed constitutional amendment that would give the legislature sole authority to legalize cannabis and other drugs. The measure, known as House Joint Memorial 4, will be put to a vote in the November 2026 elections.
If passed by a majority of voters, the amendment would eliminate the ability of Idaho residents to legalize cannabis through citizen-led ballot initiatives. The language of the proposed amendment states that only the state legislature would have the power to permit the use, possession, cultivation, sale, and production of cannabis and other psychoactive substances.
Supporters argue that the measure reinforces Idaho’s strict stance on cannabis, setting it apart from neighboring states that have embraced recreational or medical marijuana. Senator Scott Grow, co-sponsor of the amendment, believes it is necessary to prevent the legislature from being pressured by repeated ballot initiatives.
He emphasized that lawmakers have a duty to uphold the state’s values and referenced a section of the Idaho Constitution that prioritizes morality and temperance in governance.
Critics, however, see the measure as a way to strip power from voters. Opponents argue that Idaho’s initiative process is a fundamental part of democracy, allowing citizens to directly propose and enact laws. They believe the amendment reflects a lack of trust in voters and undermines direct democracy.
Sen. James Ruchti, D-Pocatello, voiced concerns that the amendment undermines the principle that political power ultimately resides with the people, stating that voters should retain their right to decide on important legislative matters.
For over a decade, advocates have struggled to gather enough signatures to place a cannabis decriminalization measure on the ballot. Currently, efforts are underway to qualify a ballot initiative for the 2026 election, though it remains uncertain whether it will meet the necessary criteria.
A two-thirds majority vote is required in both legislative chambers to advance a constitutional amendment in Idaho. The Idaho Senate passed the proposal with a 29-6 vote, following the House’s 58-10 approval on March 5. When the amendment appears on the ballot in 2026, a simple voter majority will determine whether it becomes law.
The current proposed amendment follows another anti-cannabis measure enacted earlier in 2025. On February 24, Governor Brad Little signed into law a measure mandating a minimum fine of $300 for individuals convicted of possessing cannabis, further reinforcing the state’s firm stance against legalization.
Companies like Canopy Growth Corp. (NASDAQ: CGC) (TSX: WEED) could be reading the news coming out of Idaho and shaking their heads at how far some lawmakers can go to entrench their own preferences at the expense of those of the people who voted them into office.
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