Idaho Lawmakers Push For Medical Cannabis Legalization

Just days following the Idaho Senate’s approval of a bill to revise the state constitution in a bid to halt voter-initiated attempts at legalizing cannabis, Idaho House lawmakers have introduced a bill that would legalize medical cannabis.

State Rep. Jordan Redman (R-Coeur d’Alene) sponsored a bipartisan medical cannabis legalization bill this week, named Sgt. Kitzhaber Medical Cannabis Act, along with Rep. Ilana Rubel (D-Boise).

Idaho has one of the strictest cannabis laws in the United States and is the only state with neither recreational nor medical cannabis legislation. But that may change with this bill, which would establish a legalized medical cannabis program in which its citizens might be able to use cannabis for medical purposes.

What’s Inside The Bill To Legalize Medical Cannabis In Idaho?

The bill aims to reschedule cannabis from Schedule 1 to Schedule 2 controlled substances in the Idaho code, and it makes efforts to legalize the use of medical cannabis for patients having valid medical conditions to provide therapeutic relief to patients suffering from illnesses such as cancer, epilepsy, chronic pain, PTSD, and others.

Patients above the age of 21, at the behest of a certified practitioner, can avail of a medical cannabis card that would be valid for one year. The licensed practitioners who prescribe the patients must be certified to prescribe Schedule 2 drugs.

In ensuring effective regulation, the bill envisions an electronic verification system to be run by the Idaho State Board of Pharmacy. It will issue and keep track of medical cannabis cards and also create patient and caregiver cards to ensure the effective regulation of the use of cannabis.

The bill creates limits on the possession, transportation, and use of cannabis products. Patients can possess up to 60 grams of raw flower with a THC content of up to 22% or 4,000 milligrams of THC, but public smoking remains prohibited.

Significantly, the bill provides legal protection for allowed users such that they cannot be held liable for the possession of cannabis within law-defined limits. However, the bill establishes strict punitive measures against illegal participation in the sale or distribution of cannabis, like criminal prosecution and cancellation of a medical cannabis card for life.

The bill also goes ahead to elucidate that growing, selling, or producing cannabis is prohibited in Idaho.

The bill also offers other provisions on practitioner education, prescribing practices, and discrimination protection in employment and medical treatment for medical cannabis patients. Medical cannabis is not required to be covered by insurers.

Enforcement and compliance are also addressed by rulemaking provisions and the creation of an annual report on the program’s effectiveness. The bill further stipulates that abuse, including the illegal sale or distribution of cannabis, will be met with harsh legal sanctions.

Finally, the bill places a high premium on the responsibility of the Idaho State Board of Pharmacy to oversee the functioning of the program, creating a system for smooth operation and control across the state.

Idaho Lawmakers Push To Prevent People From Having A Say In Cannabis Reform

The bill was introduced a few days after the Idaho Senate approved HJR4, a resolution that would take away voters’ ability to legalize cannabis through statewide ballot initiatives. The measure will be put in the 2026 election, and it will ask voters if the state constitution should be changed to allow only the legislature to legalize cannabis and other drugs.

Supporters of the ban on voters’ ability to legalize cannabis argue it protects Idaho’s values, while critics view the resolution as weakening democracy. “Whether or not one personally supports or opposes cannabis legalization, these overtly undemocratic tactics ought to be a cause of deep concern,” said NORML’s Deputy Director Paul Armentano in a press statement.

Later last year, Idaho activists with Kind Idaho also filed a ballot measure to decriminalize cannabis for personal use in the 2026 election. If passed, the measure would allow adults 21 and over to possess, produce, and cultivate cannabis for personal use but not for sale and public consumption.

Despite Idaho having some of the most draconian cannabis laws in the United States, where possession of even small amounts is a misdemeanor, public sentiment is becoming increasingly favorable toward medical cannabis. A 2022 survey showed that nearly 70% of Idahoans support legalizing medical cannabis.

Legislative attempts to legalize medical cannabis through ballot initiatives have repeatedly failed, and in 2021, the legislature attempted to ban future efforts to legalize it through a constitutional amendment, which also failed.

Minor changes have occurred, including the descheduling of the prescription medication Epidiolex in 2021 and the legalization of hemp cultivation and transport with up to 0.3% THC.