Idaho voters will decide in November whether state legislators should hold exclusive authority over marijuana and narcotics legalization. The question comes through House Joint Resolution 4, which would amend Section 26 of Article III of the Idaho Constitution.
Idaho Initiative Authority on November Ballot
HJR4 would prevent citizen-led ballot initiatives involving marijuana, narcotics or other psychoactive substances. A “no” vote would leave the constitution unchanged. The measure requires approval from a simple majority, or 50% plus one vote.
The initiative and referendum provisions were added to Idaho’s constitution in 1912. The last amendments to those provisions came in 1934. Idaho’s original constitution dates to 1889.
Coeur d’Alene Forum Divides Panelists
Luke Mayville spoke in Coeur d’Alene on Monday during a forum that included Idaho Sen. Ben Toews, R-Coeur d’Alene; Sadira Toews; and David Adler.
Ben and Sadira Toews supported HJR4, while Mayville and Adler opposed it. Ben Toews described the proposal as a “limited exception” and cited the fact that 24 states have legal marijuana status.
Mayville argued that the measure would reduce voters’ authority. “It would essentially be the voters of Idaho voting to give away a big piece of their own power,” he said.
Arguments Over Marijuana Policy
Sadira Toews cited health effects associated with marijuana legalization in other states. Colorado recorded a 17.8% increase in marijuana-related traffic crashes after recreational marijuana legalization.
A study involving children age 12 and younger found marijuana-related emergency and hospital visits increased from 0% to 2.4% after changes to medical marijuana policies.
Adler questioned how broadly lawmakers’ authority could reach. “With caffeine, you would be entrusting the legislature to regulate your favorite psychoactive substances, as well. Do you want that?” he said.
Earlier Idaho Restriction Proposals
Idaho lawmakers introduced proposals in 2025 that would have required a 60% voter supermajority for citizen initiatives. Similar restriction proposals were introduced in 2019, 2021 and 2024.