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Idaho Marijuana Legalization Initiative (2026)

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Idaho Marijuana Legalization Initiative
Flag of Idaho.png
Election date
November 3, 2026
Topic
Marijuana
Status
Cleared for signature gathering
Type
State statute
Origin
Citizens

The Idaho Marijuana Legalization Initiative may appear on the ballot in Idaho as an initiated state statute on November 3, 2026.

This measure would legalize the use, possession, and cultivation of cannabis for those 21 years of age or older.[1]

Text of measure

Short ballot title

The official short ballot title is as follows:[1]

Measure decriminalizing the possession, production, and cultivation of marijuana and marijuana-infused products for personal use by persons 21 or older.[2]

Long ballot title

The official long ballot title is as follows:[1]

This measure proposes that the possession of marijuana (or "cannabis") and marijuana-infused products be decriminalized under certain limitations. To be legally possessed, marijuana and marijuana-infused products must be for personal use - not sale or resale, cannot be consumed in public or open settings, and cannot be possessed by persons under 21 years of age. The marijuana possessed must weigh less than one ounce and the marijuana-infused product possessed must contain less than 1,000 milligrams of THC.


The production and cultivation of marijuana or marijuana-infused products have the same personal use, location, and age restrictions as set forth above. Such substances must also be secured "in the primary residence or on the property thereof' and "from access by members of the household under 21 years of age." A maximum of 12 marijuana plants or eight ounces of marijuana-infused product can be possessed for production or cultivation. Conduct authorized by the measure is exempt from penalties under Title 37, Chapter 27, Idaho Code (Uniform Controlled Substances), and from taxes and penalties under Title 63, Chapter 42, Idaho Code (Illegal Drug Stamp Tax Act). The measure shall not be construed to allow private or commercial sale or resale of any controlled substance.[2]

Full text

The full text of the ballot measure is available here.

Path to the ballot

Process in Idaho

See also: Laws governing the initiative process in Idaho

An initiated state statute is a citizen-initiated ballot measure that amends state statute. There are 21 states that allow citizens to initiate state statutes, including 14 that provide for direct initiatives and nine (9) that provide for indirect initiatives (two provide for both). An indirect initiated state statute goes to the legislature after a successful signature drive. The legislatures in these states have the option of approving the initiative itself, rather than the initiative appearing on the ballot.

In Idaho, the number of signatures required for an initiated state statute is equal to 6% of the number of registered voters as of the state's last general election. A simple majority vote is required for voter approval.

The requirements to get an initiated state statute certified for the 2026 ballot:


Stages of this ballot initiative

The following is the timeline of the initiative:[3]

  • November 8, 2024: Kind Idaho filed the initiative text with the secretary of state.
  • November 25, 2024: Attorney General Raúl Labrador (R) issued the short and long ballot titles for the initiative, and the initiative was cleared to begin gathering signatures.

See also

External links

Footnotes

  1. 1.0 1.1 1.2 Vote Idaho, "Decriminalize Cannabis Now Initiative," accessed October 30, 2025
  2. 2.0 2.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  3. Idaho Secretary of State. "Initiatives and Constitutional Amendments," accessed April 14, 2025