Idaho voters to decide if state legislature gains exclusive control over drug legalization

Idaho voters will decide in November whether to change the state constitution and give the Legislature exclusive authority over legalizing or decriminalizing marijuana, narcotics and other psychoactive substances.

House Joint Resolution 4 was approved by the Idaho Legislature in 2025 and will appear on the Nov. 3 general election ballot.

The measure is the latest development in a debate that has continued in Idaho for more than a decade over whether voters should be able to use the citizen initiative process to change the state’s drug laws.

Rep. Bruce Skaug, R-Nampa, sponsored HJR 4. He says decisions about drug legalization should go through the Legislature rather than the ballot initiative process.

“This is a tool in the toolbox to protect Idahoans from becoming like Portland, Seattle, San Francisco, or Denver,” Skaug said.

Under the proposed amendment, voters would no longer be able to use a citizen-initiated state statute to legalize or decriminalize those substances.

The issue comes after another attempt to put medical cannabis before Idaho voters failed this year.

The Idaho Medical Cannabis Act would have legalized medical cannabis for people with certain debilitating or terminal medical conditions. Organizers submitted tens of thousands of signatures, but the initiative did not meet Idaho’s requirements to qualify for the November ballot.

Skaug says the initiative process can be influenced by outside money.

“It’s just to make sure we don’t get drugs legalized in Idaho unless it’s the people that actually want to do it,” Skaug said. “The initiative process is not the way because of the outside influence, the millions of dollars that come in.”

Idaho campaign finance records show the Tunney family, an Idaho-based family, has contributed almost all of the $3.2 million this election cycle, making it one of the largest sources of political contributions in the state.

The family has ties to Hailey and May, Idaho.

Opponents say the amendment would take away part of the public’s ability to directly change state law.

Beth McFalls, Skaug’s opponent in the District 10 legislative race, said she believes voters should retain that authority.

“I personally think it needs to be voted down,” McFalls said. “In general, I think the citizens of our state should have more rights to determine how they feel about these particular drugs.”

McFalls also questioned whether the Legislature should permanently remove the issue from the citizen initiative process.

“And to say forever and ever that they are going to make the decisions on this particular subject is nonsensical in a in a democracy, in a country like ours,” she said.

The proposed amendment does not itself legalize marijuana or any other drug. Instead, it changes who would have the authority to do so.

A “yes” vote would give the Legislature exclusive authority over those issues and remove the ability for citizens to initiate state laws legalizing or decriminalizing marijuana, narcotics or other psychoactive substances.

A “no” vote would leave that part of Idaho’s citizen initiative process unchanged.

A simple majority of voters would be required for the constitutional amendment to pass.