Senate signs off on proposed anti-marijuana constitutional amendment in Idaho

Idaho voters will be asked to decide if only the Idaho Legislature could legalize cannabis, other drugs

The Idaho Senate approved a proposed amendment to the Idaho Constitution on Tuesday that, if passed, would grant exclusive authority to the Idaho Legislature to legalize marijuana and other narcotics.

House Joint Memorial 4 puts the proposed amendment to the Idaho Constitution up for a vote in Idaho’s November 2026 general election.

If a majority of voters pass the amendment, Idaho voters would no longer have the power to legalize marijuana through a citizen’s ballot initiative.

The proposed amendment that will go before Idaho voters states: “Shall Section 26, Article III of the Constitution of the State of Idaho be amended to provide that 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?”

When it goes before voters in November 2026, it will take a simple majority of voters to approve the amendment to the Idaho Constitution.

This is the second major piece of anti-marijuana legislation the Idaho Legislature has put forward in 2025. On Feb. 24, Gov. Brad Little signed a new law creating a mandatory minimum fine of $300 for anyone convicted of simple marijuana possession.

See what The Idaho Capital Sun says about it [Click Here]