Idaho is one the few US states still to legalise medical cannabis. And if some lawmakers have their way, it never will.
In many US states, laws can be changed through ballot initiatives or other avenues outside the legislative process. It has been the will of voters in a number of cases, rather than legislators, that have seen state programs established. But in Idaho, attempts are being made to thwart related ballot initiatives going forward.
House Joint Resolution 4 (HJR004) was introduced in the Idaho House of Representatives late last month and passed last week. HJR004 seeks to stop the state’s voters being able to legalize marijuana (and other psychoactive substances) through a ballot initiative. The bill aims to ensure that only the Legislature can do so – but in order this to happen, the measure must be first put in front of the state’s voters.
Following its passage in the House, HJR004 was received by the Senate on March 6, 2025, and referred to the Senate State Affairs Committee. On March 10, 2025, the committee provided a “Do Pass” recommendation, and it was filed for a second reading in the Senate.
There is currently a marijuana voter initiative in the works gathering signatures. The “Decriminalize Cannabis Now” initiative takes things a step further than just medical cannabis. This is a measure decriminalizing the possession, production and cultivation of marijuana and marijuana infused products for personal use by persons 21 years or older. If the initiative gathers the required signatures, it would appear on the November 2026 ballot – along with HJR004, which will make for an interesting situation – particularly if both pass muster.
Commenting on HJR004, NORML Deputy Director Paul Armentano said:
“State lawmakers are well aware that their ‘reefer madness’ views are out of step with most Idahoans. That is why they are seeking to remove voters from the equation. Whether or not one personally supports or opposes cannabis legalization, these overtly undemocratic tactics ought to be a cause of deep concern.”
In other recent related news out of the state, Idaho’s Senate voted to pass a bill creating a mandatory minimum fine of $300 for simple marijuana possession. That bill then went to Idaho’s governor for his signature, with Governor Brad Little signing it into law on February 24. With his signature, Idaho became the only US state to impose minimum mandatory penalties for simple possession.
