Idaho Voters to Decide HJR 4 on Marijuana Ballot Initiative Rights

Idaho voters heading to the polls in the November general election will decide on House Joint Resolution 4, a constitutional amendment that would grant the Idaho Legislature the sole authority to regulate marijuana and other drugs while eliminating the public’s right to bring citizen-led ballot initiatives for drug legalization.

What House Joint Resolution 4 Changes for Idaho Voters

Currently, Idaho allows two distinct pathways to legalize and regulate marijuana, medical cannabis, or other psychoactive substances. The Idaho Legislature can pass a law, or voters can enact changes directly by passing a ballot initiative. House Joint Resolution 4 seeks to eliminate the second pathway entirely from the state constitution.

If a simple majority of voters approve the amendment in November, citizens will lose the constitutional power to bring forward initiatives legalizing marijuana, medical cannabis, narcotics, or any other psychoactive substances. A rejection of the measure leaves the existing Idaho Constitution untouched, preserving the public initiative process.

Neighboring states including Washington, Oregon, Montana, and Nevada have all utilized ballot initiatives to legalize marijuana. While previous attempts have been launched in Idaho, each effort has failed to gather the required signatures to qualify for an election.

Constitutional Scholars Warn of Surrendered Public Rights

Critics of the measure argue that the amendment reaches far beyond standard drug policy debates. David Adler, president of the nonprofit Alturas Institute in Idaho Falls, points out that the language strips away foundational democratic tools established in the 1930s.

The more I speak on it, the more I realize people generally are of the belief that this is about regulating marijuana and they don’t understand that it has a far broader impact on their ability to resort to the initiative to exercise their rights, Adler said.

Adler has taught government and constitutional courses across all three of Idaho’s public universities. He notes that past public initiatives successfully created the nonpartisan Idaho Fish and Game Commission, regulated dredge mining to protect clean water sources, and established transparency and campaign finance disclosure laws.

Adler warns that locking the legislature into sole authority prevents voters from responding to future medical discoveries involving psychoactive substances, noting that common items like coffee and tea fall under that broad scientific classification.

Legislative Sponsors Argue the Amendment Protects Against Outside Money

Supporters in the Idaho Legislature defend the resolution as a necessary safeguard against special interest groups. Almost all Republicans in the legislature back the amendment, which advanced through the 2025 legislative session with a 58-10 vote in the House of Representatives and a 29-6 vote in the Senate.

Sen. Scott Grow, a Republican from Eagle and co-sponsor of HJR 4, argues that the amendment prevents special interest groups from running expensive campaigns designed to manipulate public opinion.

When ballot initiatives run for marijuana or other psychoactive drugs like they did in Oregon, there is a lot of money that comes in on the pro side to legalize the drugs because special interests are trying to make money selling the drugs, Grow said.

Grow maintains that the measure grants no new powers to the legislature, which already holds the ability to legalize or regulate substances. He emphasizes that citizens retain full access to participate in governance through the standard committee and public hearing processes in the Idaho House and Senate.

Voters will decide the outcome of House Joint Resolution 4 during the November general election.