Election: Nov. 3, 2026 (General)
Outcome: Pending
Categories:
MarijuanaIf 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. 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. 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.
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.