House committee advances constitutional amendment to give legislature sole authority over marijuana and similar drugs

A House committee advanced a proposed constitutional amendment Tuesday that would give the state legislature sole authority to legalize marijuana, narcotics and other psychoactive substances.

Representative Bruce Skog, the measure’s sponsor, told the committee the amendment would ask voters whether “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.”

Supporters said the amendment would protect Idaho from initiatives backed by out-of-state money and preserve a stricter state drug policy. Senator Scott Grohl, appearing in support, said an ad he received showed Idaho isolated from other states that allow marijuana and that the amendment would send a clear message that “Idaho is not open to drugs.” Christian Brown, a Boise resident and former teacher, described classroom and community harms he said resulted from lax drug laws: “Marijuana was as prolific as chewing gum. Fentanyl from Mexico took over our schools.” Grace Howitt of the Idaho Family Policy Center said the amendment aligns with the state constitution’s direction that “the first concern of all good government is the virtue and sobriety of the people and of the purity of the home.”

Those opposing the measure warned it could limit access to medical or therapeutic research and remove the initiative path for voters. Joseph Evans, a veteran testifying for KIND Idaho, urged the committee to preserve initiative access for patients seeking therapeutic uses, saying the legislature “doesn't represent the good that these medicines can do.” Fred Birnbaum of the Idaho Freedom Foundation argued the amendment would place drug-policy decisions in the legislative process rather than through initiative campaigns, calling that approach “superior” and more transparent.

Representative Scott moved that the committee send House Joint Resolution 4 to the floor with a due-pass recommendation. The motion carried by voice vote; Representatives Green and Achilles were recorded as voting no.

If passed by the legislature, the amendment would still require voter approval in a statewide election before taking effect. The measure’s language would not list specific controlled substances; sponsors said that breadth is intentional so the constitution provides direction rather than enumerating a statutory list of drugs.

Public testimony before the committee included law enforcement and civic groups in support and veterans and patient advocates urging preservation of initiative access. Committee members asked whether the amendment would require the legislature to consider each new drug; sponsors replied it would apply when the legislature acts to legalize currently prohibited substances rather than requiring routine hearings on every new medicine.

The committee’s action sends HJR 4 to the House floor for further consideration and debate.