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House approves constitutional amendment to reserve drug-legalization power to Legislature

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Summary

The Idaho House passed House Joint Resolution 4 on March 5, 2025, a proposed constitutional amendment that would require any future legalization of marijuana or other psychoactive substances to be authorized only by the state Legislature rather than by citizen initiatives.

The Idaho House of Representatives on March 5 approved House Joint Resolution 4, a proposed constitutional amendment that would specify that only the Idaho Legislature may legalize marijuana, narcotics or other psychoactive substances.

Supporters said the resolution would keep control with elected lawmakers and help prevent a legalization path they say has led to public-harm problems elsewhere. "It's time for Idahoans to proactively decide the state's state relative to marijuana, psychoactive substances and narcotics," the resolution sponsor (Representative, District 10) told members during floor debate.

The sponsor cited overdose statistics and enforcement concerns and read excerpts from out-of-state reporting and medical studies to make the case that legalization has caused harm in other jurisdictions. Backers included law-enforcement groups and several trade organizations that submitted letters for the record.

Opponents argued the proposal would preempt the initiative process and strip the electorate of the ability to place legalization questions on the ballot. "If the people of Idaho ever reach that level where they want this so badly that they're willing to work so hard, I think we should let the people of Idaho have their wishes honored," a member identified as Representative (District 18) said in opposition.

The resolution required a two-thirds majority for approval on the floor as a proposed constitutional amendment; the clerk reported 58 ayes, 10 nays and 2 absent/excused. The measure passed the House and will be sent to the Senate for consideration. Because this is a proposed constitutional amendment, a successful Senate passage would send the question to voters.

Why it matters: the change would block future citizen initiatives that would legalize controlled substances and shift the sole legalization authority to the Legislature. Supporters framed the move as precautionary; opponents called it a preemptive removal of popular sovereignty and warned it could block narrowly scoped proposals such as medical cannabis initiatives.

The House referred the passed resolution to the Senate following the vote. No implementation actions were taken by the House beyond passage of the resolution; any final change to the constitution would require successful completion of the constitutional amendment process.