Senate panel backs amendment to reserve drug-legalization authority to the Legislature

The Senate State Affairs Committee voted to send HJR 4, a proposed constitutional amendment reserving to the Legislature the authority to legalize marijuana and other psychoactive substances, to the full Senate with a do-pass recommendation.

Senator Grow, the bill’s sponsor, told the committee the amendment would put the question before voters in 2026 and argued that legalization and "normalization" of these drugs produced harms including impaired fetal and youth brain development, increased addiction and overdoses, more impaired drivers and workers, and the growth of criminal networks. He invoked the state constitution’s language that "the first concern of all good government was the virtue and sobriety of the people" to support centering legalization authority with lawmakers rather than by ballot initiative.

Senator Lakey, who continued the presentation, emphasized the higher tetrahydrocannabinol (THC) levels in modern marijuana and said the amendment would not affect the status of FDA-approved medications or the Board of Pharmacy’s routine recommendations to the Legislature.

During committee discussion, Senator Ruchti asked whether the amendment would bar use of the initiative or referendum process to legalize marijuana; Senator Grow replied that the amendment would prevent the initiative from being used to legalize marijuana. Senator Anthon clarified that the committee’s question was whether HJR 4 should be placed on the ballot for voters to decide.

A mix of witnesses testified. Supporters included Fred Birnbaum of the Idaho Freedom Foundation, Robert Gillis of Idaho Tough on Crime and several other individuals who cited public-health and public-safety concerns and warned about out-of-state groups promoting ballot measures. Opposing testimony came from Joseph Evans of Kind Idaho, who said marijuana had potential benefits and criticized broad limits on voter-driven measures. Several witnesses cited studies and personal experience in their testimony; proponents referenced research and jurisdictional experience as part of their argument.

Senator Den Hartog moved and Senator Harris seconded that the committee send HJR 4 to the floor with a do-pass recommendation. Senator Adams spoke in favor; Senator Ruchti objected to equating alcohol and marijuana regulation. The motion carried by voice vote; Senator Ruchti was recorded as voting nay.

The committee’s recommendation advances HJR 4 to the full Senate, where the resolution would need floor action and, if passed, placement on the 2026 ballot for voters to decide.