Sponsor seeks ballot amendment to require two-thirds legislative approval to legalize unlawful drugs

Representative Scott (District 10) asked the House State Affairs Committee to introduce a proposed constitutional amendment that would require a two-thirds vote of the Idaho Legislature to legalize "unlawful drugs," and to send that question to voters.

Scott said the draft question would amend "section 26, article 3 of the constitution of the state of Idaho" to bar legalization of unlawful drugs unless the legislature approved by a two-thirds vote and enacted legislation. He defined the bill's term "unlawful drugs" as "drugs, substances, or chemicals with no legal medical use pursuant to Idaho law." Scott said the measure is motivated by public-health, community and environmental concerns and cited examples and news reports linking legalization in other states to negative outcomes.

In testimony he argued legalization and normalization of unlawful drugs can cause "impaired fetal and youth brain development," "increases in addiction psychosis and overdoses hospitalizations and drug treatment services" and potential increases in cartel activity, human trafficking, impaired driving, homelessness and public consumption. He cited press reporting and congressional testimony, attributing a congressional hearing quote to former FBI Director Christopher Wray and saying, "From 02/2022 to 02/2024 there were 477 Idaho deaths caused directly by Fentanyl." He referenced Oregon's Measure 110 experience and media coverage as part of his rationale.

Representative Mickelson moved to introduce RS 32324. Committee members asked technical questions about exceptions in the draft (for example, a provision referencing "investigational" drugs for terminally ill patients), and Scott said he and counsel had removed ties to federal FDA definitions and had clarified exceptions. The committee voted to introduce RS 32324 and the resolution will be prepared for printing and further consideration.