Sponsor seeks ballot question to require two-thirds legislative approval before legalizing unlawful drugs

Representative Scott (District 10) told the House State Affairs Committee he intends to place a proposed constitutional amendment before Idaho voters that would bar legalization of “unlawful drugs” unless the Idaho Legislature approves such legalization by a two-thirds vote and then enacts it into law.

“Shall section 26, article 3 of the constitution of the state of Idaho be amended to prohibit the legalization of unlawful drugs unless approved by two thirds of the Idaho legislature and enacted into law?” Scott asked, reading his proposed ballot question. He defined “unlawful drugs” in the draft as substances with “no legal medical use pursuant to Idaho law.”

Scott cited public-health, community and economic reasons for the measure, saying legalization and normalization of unlawful drugs, in his view, “produces negative personal health consequences,” increases addiction and overdoses, and contributes to crime, homelessness and environmental contamination from illicit grow sites. He referenced news reporting about drug-related harms in Canada and the U.S. and cited recent Idaho overdoses involving fentanyl.

Members asked about exemptions for investigational drugs and whether the draft was linked to federal definitions. Scott said he worked to ensure the draft does not tie Idaho law to federal (FDA) definitions and emphasized that exceptions—such as an investigational-drug provision for terminally ill patients—are important to sponsors.

Representative Mickelson moved to introduce RS 32324; the committee approved the motion by voice vote. Scott said he intends the proposal to proceed beyond printing and to pursue full legislative consideration.

Ending: The committee approved introduction of RS 32324; the sponsor asked for a print hearing and further committee work.