Idaho Constitutional Amendment (House Joint Resolution 4)

BALLOT LANGUAGE

This proposed constitutional amendment would give the Legislature exclusive authority to legalize marijuana, narcotics, or other psychoactive substances in the State of Idaho.  

Question: Shall Section 26, Article III of the Constitution of the State of Idaho be amended to provide that only the Idaho Legislature shall have the 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?  

A YES vote supports this constitutional amendment to provide that only the Idaho State Legislature shall have the authority to legalize marijuana, narcotics, or other psychoactive substances; and remove the ability for citizens to initiate state statutes that would legalize these substances.  

A NO vote opposes this constitutional amendment, thereby retaining the ability for citizens to initiate state statutes that would legalize or decriminalize marijuana, narcotics, or other psychoactive substances. 

WHAT IT MEANS

Yes

A "Yes" vote would amend the Idaho Constitution to establish that only the Idaho Legislature shall have the authority to legalize marijuana, narcotics, or other psychoactive substances.

No

A "No" vote would keep the current language of the Idaho Constitution which allows the people to propose initiatives to legalize marijuana, narcotics, or other psychoactive substances. 

ARGUMENTS FOR AND AGAINST

Yes

"In keeping with the legislative priorities of Idaho Senate Republicans and the deeply held values of Idahoans, the Idaho Senate has passed House Joint Resolution 4 (HJR 4), taking a decisive step to safeguard the state from the increasing push toward drug legalization. This measure will allow Idaho citizens to vote in 2026 on a constitutional amendment that ensures only the Idaho Legislature has the authority to legalize marijuana, narcotics, and other psychoactive substances.

Across the nation, drugs—both legal and illegal—are devastating communities, tearing families apart, and overwhelming public resources. While some states have been misled into believing that legalization can mitigate the crisis, Idaho remains resolute in its commitment to resisting this dangerous trend.

HJR 4 is a preemptive measure to protect Idaho’s future. By placing this constitutional amendment on the ballot, the legislature is ensuring that decisions regarding drug legalization remain in the hands of the elected representatives best equipped to assess the ongoing and evolving threats posed by drug proliferation." - Idaho Senate Republican Caucus  

"Drugs destroy lives, tear apart families, and threaten the safety of our communities. Decisions about legalizing marijuana, narcotics, and other psychoactive substances are too important to be made lightly. The proposed amendment would ensure that any proposal to legalize these dangerous substances would go through the legislative process. Public hearings would be held on the proposal, where law enforcement and people whose lives have been damaged by drugs would be able to testify. Legislators would carefully consider each proposal and would be publicly accountable for their votes." - Idaho Secretary of State Voter Pamphlet

“It’s time for Idahoans to proactively decide the state’s fate relative to marijuana, psychoactive substances and narcotics. I’m asking that we let our state go on the offense. Why pass this? In the Idaho Constitution, ‘The first concern of all good government is the virtue and sobriety of the people.’ That’s in our constitution. I don’t gloss over that when I read our constitution. What is more evil than those that we know who have succumbed to death and overdoses from narcotics and these other substances?” - Bruce Skaug, State Representative

No

"House Joint Resolution 4 seeks to amend the state constitution so that voters no longer have any say in determining Idaho’s drug policies. That’s not anti-marijuana, that’s anti-democracy.

The message behind this resolution cannot be clearer. State officials don’t trust voters to do their bidding on the marijuana issue.

In a healthy democracy, those with competing visions on public policy vie for voters’ support. They seek to persuade and influence the electorate by making sound arguments and by providing hard evidence. But Idaho lawmakers know that they can no longer make a rational case for the state’s prohibitive and punitive marijuana policies – policies that are out-of-step not only with most other states, but also with most Idahoans.

As a result, they are asking Idahoans to relinquish one of the most fundamental powers they have in a free society: their power to vote. Whether or not one personally supports or opposes cannabis legalization, these undemocratic tactics ought to cause Idahoans – and, quite frankly, all voters – deep concern." - Paul Armentano, Deputy Director, National Organization for the Reform of Marijuana Laws

"The Idaho Constitution says that all political power belongs to the people. But the proposed amendment would take power away from the people by getting rid of their ability to pass drug legalization laws on their own through ballot initiatives. The people are as capable of making good, careful decisions about drug policy as legislators are. The amendment is also unnecessary because if the people did ever pass a poorly considered law legalizing drugs, the Legislature would have the power to amend or repeal it." - Idaho Secretary of State Voter Pamphlet 

“All that this [resolution] does is it’s stripping the power of the people, should the people of Idaho ever reach that level where they are so desperate to get medical cannabis legalized that they are willing to leap through the astonishing hurdles that have already been set in their path for a ballot initiative. We’re saying, preemptively, if the people of Idaho ever really, really want this in large numbers, we as their Legislature should stop them. That just doesn’t feel like an appropriate role for us as supposed representatives of the people. I think we should let the people of Idaho have their wishes honored.” - Ilana Rubel, State Representative 

ENDORSEMENTS

Yes

Jim Guthrie (Other)

Dave Lent (Other)

Christy Zito (Conservative)

Van Burtenshaw (Conservative)

Doug Ricks (Conservative)

No

National Organization for Reform of Marijuana Laws NORML PAC (Liberal)

Steve Berch (Liberal)

Reclaim Idaho (Liberal)

James Ruchti (Liberal)

Ilana Rubel (Liberal)

FINANCIAL BACKING

The following information provides insight into the money being spent to pass or defeat the ballot measure.

Yes

IDAHO HJR 4, GRANT LEGISLATURE EXCLUSIVE AUTHORITY AND PROHIBIT CITIZEN-INITIATED MEASURES ON MARIJUANA, NARCOTICS, AND PSYCHOACTIVE SUBSTANCES AMENDMENT (2026)

This question is on the ballot in Idaho as a legislatively referred constitutional amendment on November 3, 2026. As of October 12, 2026, no committee to support the amendment has been identified. Thus, there is no record of funds raised to support the amendment.

No

IDAHO HJR 4, GRANT LEGISLATURE EXCLUSIVE AUTHORITY AND PROHIBIT CITIZEN-INITIATED MEASURES ON MARIJUANA, NARCOTICS, AND PSYCHOACTIVE SUBSTANCES AMENDMENT (2026)

This question is on the ballot in Idaho as a legislatively referred constitutional amendment on November 3, 2026. As of October 12, 2026, no committee to oppose the amendment has been identified. Thus, there is no record of funds raised to oppose the amendment.

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