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Idaho HJR 4, Grant Legislature Exclusive Authority and Prohibit Citizen-Initiated Measures on Marijuana, Narcotics, and Psychoactive Substances Amendment (2026)
| Idaho HJR 4 | |
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| Election date |
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| Topic Drug crime policy and Initiative and referendum process |
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| Status On the ballot |
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| Type Legislatively referred constitutional amendment |
Origin |
Idaho HJR 4, the Grant Legislature Exclusive Authority and Prohibit Citizen-Initiated Measures on Marijuana, Narcotics, and Psychoactive Substances Amendment, is on the ballot in Idaho as a legislatively referred constitutional amendment on November 3, 2026.
A "yes" vote supports this constitutional amendment to:
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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. |
Overview
How would this amendment change drug policy in Idaho?
- See also: Text of measure
If HJR 4 passes, citizens would be unable to use the initiative process to alter state statutes surrounding marijuana and other psychoactive substances; only the Idaho State Legislature would have the power to make or change such laws.[1] There are two methods to create or alter Idaho law: through the Idaho State Legislature or through citizens by the initiative process. HJR 4 would mandate that the initiative process could not be used to make or alter laws about marijuana, narcotics, or psychoactive substances.
Marijuana, whether for medicinal or recreational use, is illegal in the state of Idaho.[2] No individual can possess any amount of marijuana without being subject to a misdemeanor. Idaho is one of 11 states where both recreational and medicinal marijuana use is illegal.
What is a subject restriction, and which states have them?
- See also: Initiative subject restrictions by state
A subject restriction is a law that limits the scope or content of citizen-initiated ballot measures. Of the 24 states with an initiative process, seven (Alaska, Illinois, Massachusetts, Mississippi, Montana, Ohio, and Wyoming) have restrictions on subject matters that an initiative may address. In Illinois, the initiative process is limited to addressing Article IV of the state constitution, which lays out the rights and responsibilities of the Illinois General Assembly. As a result, initiatives related to psychoactive substances are effectively prohibited. Outside of this, Idaho would become the first state to create a subject restriction explicitly addressing marijuana and drug legalization. In other states, the most common subject restrictions are those related to state revenue and appropriations (four states). This is followed by subject restrictions related to court rules and jurisdictions (three states).
How would this amendment affect ballot initiatives in 2026 and future years?
- See also: Idaho Marijuana Legalization Initiative
The exact wording in the ballot measure states that it would be "effective immediately upon adoption by the voters of Idaho."[1] Therefore, if approved, it would not affect any initiatives on the ballot in the 2026 election, such as the proposed Marijuana Legalization Initiative. Any initiatives proposed before the 2026 election, but on the ballot for an election after November 2026, would be affected by HJR 4.
In the event that both HJR 4 and the Marijuana Legalization Initiative are approved by voters in the 2026 election, marijuana would be legalized, but going forward, the initiative process could not be used to alter legislation concerning the legalization of marijuana, narcotics, and other psychoactive substances. Additionally, Idaho is one of 11 states that have no limit on how soon a voter-approved initiative can be amended or repealed by the state legislature, meaning that directly following the 2026 election, the legislature would have the sole power to change the initiative in state statute.
Text of measure
Ballot title
The official ballot title is as follows:[1]
| “ | Shall Section 26, Article III of the Constitution of the State of Idaho 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?[3] | ” |
Constitutional changes
The ballot measure would amend Section 26 of Article III of the Idaho Constitution. The following underlined text would be added and struck-through text would be deleted:[1]
Note: Hover over the text and scroll to see the full text.
Section 26. POWER AND AUTHORITY OVER INTOXICATING LIQUORS AND PSYCHOACTIVE SUBSTANCES. (1) From and after the thirty-first day of December in the year 1934, the legislature of the state of Idaho shall have full power and authority to permit, control and regulate or prohibit the manufacture, sale, keeping for sale, and transportation for sale, of intoxicating liquors for beverage purposes.
(2) Effective immediately upon adoption by the voters of Idaho, only the legislature of the state of Idaho 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.[3]
Support
Supporters
Officials
- State Sen. C. Scott Grow (R)
- State Rep. Bruce Skaug (R)
- State Rep. Josh Wheeler (R)
Organizations
Arguments
Opposition
Opponents
Officials
- State Sen. James Ruchti (D)
- State Rep. Ilana Rubel (D)
Organizations
Arguments
Campaign finance
If you are aware of a committee registered to support or oppose this measure, please email editor@ballotpedia.org.
| Cash Contributions | In-Kind Contributions | Total Contributions | Cash Expenditures | Total Expenditures | |
|---|---|---|---|---|---|
| Support | $0.00 | $0.00 | $0.00 | $0.00 | $0.00 |
| Oppose | $0.00 | $0.00 | $0.00 | $0.00 | $0.00 |
| Total | $0.00 | $0.00 | $0.00 | $0.00 | $0.00 |
Background
Prior Idaho constitutional amendments on psychoactive drugs
In 2022, the Idaho legislature attempted to place a constitutional amendment on the ballot that proposed banning the use, manufacture, and possession of psychoactive drugs in the state of Idaho unless regulated by law and the federal Food and Drug Administration. The state Senate approved the bill, but the state House never voted on the measure, and as such, the bill failed to make the ballot.
Past initiatives concerning marijuana in Idaho
- See also: Marijuana on the ballot
Since 2010, there have been eight initiatives proposed for the ballot in Idaho concerning marijuana use. None of the initiatives met the signature requirement to be placed on the ballot.
| Year | Type | Title | Subject | Description | Result |
|---|---|---|---|---|---|
| 2012 | CISS | Medical Marijuana Initiative | Marijuana | Protect qualified patients using medical marijuana from criminal prosecution | 
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| 2014 | CISS | Medical Marijuana Initiative | Marijuana | Establish a medical marijuana program for qualified patients and caregivers and protects them from criminal prosecution |
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| 2016 | CISS | Medical Marijuana Initiative | Marijuana | Legalize medical marijuana use |
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| 2018 | CISS | Medical Marijuana Initiative | Marijuana | Legalize medical marijuana use |
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| 2020 | CISS | Medical Marijuana Initiative | Marijuana | Establish a medical marijuana program |
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| 2022 | CISS | Medical Marijuana Initiative | Marijuana | Establish a medical marijuana program |
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| 2022 | CISS | Marijuana Legalization Initiative | Marijuana and drug crime policy | Legalize the possession, use, and transfer of up to three ounces of marijuana by adults 21 years of age or older |
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| 2024 | CISS | Medical Marijuana Initiative | Marijuana | Establish a medical marijuana program |
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The 2020 and 2022 initiatives were identical in wording. In 2020, organizations Idaho Cannabis Coalition and Legalize Idaho introduced and sponsored an initiative to establish a medical marijuana program in the state. However, due to the coronavirus pandemic, the signature drive was canceled. Attempts to file for deadline extensions and requests to permit electronic signatures were unsuccessful, preventing the initiative from reaching the 2020 ballot. In 2022, the same ballot initiative was again cleared to gather signatures to be placed on the ballot. This time, Kind Idaho, an organization supporting the legalization of marijuana use, was the initiative's sponsor. Before the signature deadline, they announced that the initiative failed to achieve a sufficient number of signatures to qualify the initiative for the ballot.
One marijuana-related initiative has been proposed for the 2026 ballot. In November of 2024, Kind Idaho filed a marijuana legalization initiative with the office of the secretary of state. The initiative has been cleared to circulate for signatures. The deadline to submit signatures is May 1, 2026.
Initiative subject restrictions by state
There are seven states with an initiative process that restrict certain subjects from being included in citizen-initiated legislation. Those states and the subject restrictions can be seen below. Only Illinois, where citizens can only propose amending Article IV of the state constitution, restricts the initiative process from amending state law on marijuana, narcotics, or psychoactive drugs.
| State | Restrictions | Law |
|---|---|---|
| Alaska | Dedicate revenues; make or repeal appropriations; create courts; define the jurisdiction of courts; prescribe court rules; or enact local or special legislation | Article XI, Section 7 of Alaska Constitution |
| Illinois | Cannot address subjects except for structural and procedural matters contained in Article IV of the Illinois Constitution, which governs the legislature | Article XIV, Section 3 of Illinois Constitution |
| Massachusetts | Religion or religious institutions; judicial qualifications, tenure, compensation, or removal; reversal of court decisions; the structure or powers of courts; laws applying to specific localities; specific state appropriations; the Eighteenth Amendment; subjects inconsistent with the Declaration of Rights; or the section outlining these subject restrictions | Article XLVIII, Part II, Section 2 of Massachusetts Constitution |
| Mississippi | State's Bill of Rights; the Public Employees' Retirement System; right-to-work provision; or the initiative process | Article XV, Section 273 (4)(5) of Mississippi Constitution |
| Montana | Appropriations; local laws; or special laws | Article III, Section 4(1) of Montana Constitution, |
| Ohio | Differential property tax classifications; creation of monopolies, oligopolies, or cartels; or exclusive commercial rights or licenses | Article II, Section 1e of Ohio Constitution |
| Wyoming | Dedication of revenue; appropriations; creation of courts; court jurisdiction or rules; local legislation, or special legislation | Article 3, Section 52(g) of Wyoming Constitution |
Path to the ballot
Amending the Idaho Constitution
- See also: Amending the Idaho Constitution
A two-thirds (66.67%) vote is required during one legislative session for the Idaho State Legislature to place a constitutional amendment on the ballot. That amounts to a minimum of 47 votes in the Idaho House of Representatives and 24 votes in the Idaho State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.
House Joint Resolution 4 (2025)
The following is the timeline of the constitutional amendment in the state legislature:[4]
- February 28, 2025: The amendment was introduced as House Joint Resolution 4 (HJR 4), and was referred to the House State Affairs Committee.
- March 4, 2025: The amendment was reported out of committee and went to the full House for consideration.
- March 5, 2025: The Idaho House of Representatives passed HJR 4 by a vote of 58-10. The amendment had the support of 58 Republicans, while nine Democrats and one Republican voted against it. The amendment went to the Senate.
- March 6, 2025: The amendment was read for the first time in the Idaho State Senate and referred to the Senate Affairs Committee.
- March 10, 2025: The amendment was referred out of the Senate State Affairs Committee and went to the full Senate for consideration.
- March 11, 2025: The amendment passed the Senate by a vote of 29-6. It had the support of 29 Republicans, while six Democrats voted against it.
| Votes Required to Pass: 47 | |||
| Yes | No | NV | |
|---|---|---|---|
| Total | 58 | 10 | 2 |
| Total % | 82.8% | 14.2% | 2.8% |
| Democratic (D) | 0 | 9 | 0 |
| Republican (R) | 58 | 1 | 2 |
| Votes Required to Pass: 24 | |||
| Yes | No | NV | |
|---|---|---|---|
| Total | 29 | 6 | 0 |
| Total % | 82.8% | 17.1% | 0.0% |
| Democratic (D) | 0 | 6 | 0 |
| Republican (R) | 29 | 0 | 0 |
How to cast a vote
- See also: Voting in Idaho
See below to learn more about current voter registration rules, identification requirements, and poll times in Idaho.
See also
View other measures certified for the 2026 ballot across the U.S. and in Idaho.
Explore Idaho's ballot measure history, including constitutional amendments.
Understand how measures are placed on the ballot and the rules that apply.
External links
Footnotes
- ↑ 1.0 1.1 1.2 1.3 Idaho State Legislature, "House Joint Resolution No. 4 (2025)," accessed March 3, 2025
- ↑ Idaho Office of Drug Policy, "Marijuana," accessed May 1, 2025
- ↑ 3.0 3.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source. Cite error: Invalid
<ref>tag; name "quotedisclaimer" defined multiple times with different content - ↑ Idaho State Legislature, "House Joint Resolution 4," accessed March 12, 2025
- ↑ Idaho Statutes, "Section 34-1101," accessed July 2, 2025
- ↑ 6.0 6.1 6.2 Idaho Secretary of State, "Idaho Voter Registration Form," accessed July 2, 2025
- ↑ Idaho Secretary of State, "Citizenship & Voting," accessed July 2, 2025
- ↑ 8.0 8.1 8.2 Idaho Secretary of State - Vote Idaho, "Registering To Vote," accessed July 2, 2025
- ↑ Idaho Legislature, "Idaho Statutes § 34-408," accessed June 26, 2025
- ↑ Idaho Legislature, "2025 Legislation - House Bill 278," accessed June 26, 2025
- ↑ Under federal law, the national mail voter registration application (a version of which is in use in all states with voter registration systems) requires applicants to indicate that they are U.S. citizens in order to complete an application to vote in state or federal elections, but does not require voters to provide documentary proof of citizenship. According to the U.S. Department of Justice, the application "may require only the minimum amount of information necessary to prevent duplicate voter registrations and permit State officials both to determine the eligibility of the applicant to vote and to administer the voting process."
