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Lawmaker seeks constitutional amendment to bar citizen legalization of drugs

2821815 · February 28, 2025
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Summary

Representative Skog introduced RS 32581, a proposed constitutional amendment that would reserve authority to legalize drugs to the legislature and remove the citizen initiative as a route to legalize marijuana, narcotics or other psychoactive substances. The committee approved introduction by voice vote.

Representative Skog introduced RS 32581, a proposal to place a constitutional amendment question on the November 2026 ballot that would remove citizens’ ability to use the initiative process to legalize marijuana, narcotics and other psychoactive substances and reserve any legalization authority to the Idaho Legislature.

Skog said the measure mirrors the spirit of Idaho’s constitution and aims to address what he described as recent evidence of harm from marijuana and other psychoactive substances. “First concern of all good government is the virtue and sobriety of the people and the purity of the home,” Skog said, quoting language he said reflected the state’s constitutional priorities.

Skog told the committee the provision would allow advisory initiatives but would take “the initiative process out of legalizing any drugs in our state.” He said the measure would include a clause that “only the legislature will have authority to legalize drugs of the nature that’re described,” and that, if this RS reaches the floor, he would pull a related HJR 3 from consideration.

Committee members asked several clarifying questions. Representative Hostetler sought confirmation that the bill targets Schedule I substances, and Skog replied he was purposely not using Schedule I language though the measure would cover those substances. Representative Palmer moved to introduce RS 32581; the committee approved the motion by voice vote.

No statutory citations or other legal authorities were discussed on the record beyond Skog’s reference to the state constitution’s language and a comparison to HJR 3 and recently enacted misdemeanor penalties for marijuana referenced during the discussion. The motion to introduce RS 32581 passed by voice vote; no roll-call tally was recorded in the transcript.