The Idaho Senate this week approved a joint resolution to deny voters the authority to legalize cannabis through a statewide ballot initiative. Tuesday’s passage of HJR 4 came one week after the Idaho House of Representatives approved the measure, which will ask voters in the 2026 election if the state’s constitution should be amended to prohibit ballot initiatives to legalize cannabis and other drugs.

Idaho’s voters will be asked to decide on the ballot question reading “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?”

If a majority of voters in the 2026 election vote “yes” on the ballot question, the Idaho Constitution will be amended. If most voters decide against the proposal, Idaho’s voters will retain the authority to legalize cannabis and other drugs through a statewide ballot measure.

Republican state Sen. Scott Grow, a co-sponsor of HJR4, said that the constitutional amendment to block cannabis legalization initiatives is a way to be tough on marijuana. He also believes the amendment, if passed, can set Idaho apart from neighboring states that have legalized cannabis for recreational or medical use.

“Too many legislatures across this nation have sat back and just waited as initiative after initiative would come after them, until they finally overwhelm it and overwhelm the legislature,” Grow said, according to a report from the Idaho Capital Sun. “We are acting because that’s our responsibility.”

Grow also noted that the Idaho Constitution already states that, “The first concern of all good government is the virtue and sobriety of the people, and the purity of the home. The legislature should further all wise and well directed efforts for the promotion of temperance and morality.”

Opponents Of HJR4 Speak Out

Opponents of HJR4 say that the proposal indicates that lawmakers do not trust the voters of Idaho to weigh in on drug policy reform.

“The people have a right under the initiative and the referendum process to weigh in on these issues,” said Democratic state Sen. James Ruchti. “We have been clear in the Constitution that all political power is inherent in the people, and we have been clear that the people reserve to themselves the power to propose laws and enact the same at the polls independent of the Legislature. We should respect the people.”

In a report on HJR4, the National Organization for the Reform of Marijuana Laws (NORML) noted that in a recent survey, 70% of Idaho voters said that “the use of marijuana for medical purposes should be made legal.” The poll also found that nearly half (48%) of the state’s voters support legalizing marijuana for recreational use.

“State lawmakers are well aware that their ‘reefer madness’ views are out of step with most Idahoans,” NORML deputy director Paul Armentano said in a statement from the cannabis policy reform advocacy group. “That is why they are seeking to remove voters from the equation. Whether or not one personally supports or opposes cannabis legalization, these overtly undemocratic tactics ought to be a cause of deep concern.”

Weed Legalization Ballot Measure Already Filed For 2026

In November, the group KindIdaho filed a proposed ballot initiative to legalize cannabis possession and cultivation for personal use. If the measure qualifies for the ballot, voters will see both the legalization ballot question and HJR4 on the ballot for the 2026 election.

If passed by Idaho voters, the proposal would exempt adults aged 21 and older from state laws that prohibit the “possession, production, or cultivation of cannabis” under certain specified conditions.

Marijuana could only be grown or possessed “for personal use and not for sale or resale” and consuming cannabis would be prohibited in a “public or open setting.” The proposal would not legalize marijuana sales or the commercial cultivation and distribution of cannabis.

Joseph Evans, a military veteran and a spokesman for KindIdaho, says that if it becomes part of the state constitution, “HJR4 would block citizens’ initiatives to legalize invaluable and irreplaceable medications in Idaho.”

“This is the fourth attempt in three years by the legislature to become the sole arbiters of medical value in the state,” Evans said after the House passed the resolution.

With HJR4 now approved by the Senate, KindIdaho will be forced “divide our efforts between our current initiative and campaigning against HJR4.”

“As a small grassroots non-profit, this would significantly hinder our mission of patient access, not only for cannabis but for other effective treatments as well,” Evans added.