Idaho voters will decide on House Joint Resolution 4 this November, a constitutional amendment designed to centralize drug policy authority within the state legislature. The measure seeks to prevent local governments and citizen initiatives from legalizing marijuana, narcotics, or other psychoactive substances.
Constitutional Change Proposed
HJR 4 proposes amending Article III, Section 26 of the Idaho Constitution. Currently, this section grants the legislature full regulatory power over intoxicating liquor, a provision that took effect on December 31, 1934, one year after national alcohol prohibition ended.
The proposed amendment would expand this exclusive legislative authority to cover marijuana, narcotics, and other psychoactive substances. If adopted, only the Idaho legislature could legalize the growing, producing, manufacturing, transporting, selling, delivering, dispensing, administering, prescribing, distributing, possessing, or using of these drugs.
“Effective immediately upon adoption by the voters of Idaho, only the legislature of the state of Idaho 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,” reads the text of HJR 4.
Precedent for State Preemption
Proponents argue that centralizing this authority aligns with existing state practices. The Idaho legislature has previously preempted local governments from regulating guns, imposing a minimum wage, and banning plastic bags. HJR 4 would extend this preemption to drug legalization, ensuring uniformity across the state.
The measure also blocks the use of the initiative process for legalizing these substances. This prevents citizens from bypassing the legislature through ballot measures, a method that has been used in other states with mixed results.
Legislative History and Oregon’s Experience
Recent legislative efforts to expand cannabis access have faced hurdles. During the 2025 session, the Idaho legislature held a hearing on House Bill 401, titled the “SERGEANT KITZHABER MEDICAL CANNABIS ACT.” The 43-page bill aimed to allow veterans like Sergeant Kitzhaber to use medical cannabis for intractable pain. However, the bill failed to gain traction and did not pass.
Supporters of HJR 4 point to Oregon’s experience as a cautionary tale. Oregon passed Measure 110, a citizens initiative that decriminalized various formerly illegal drugs. The measure reportedly spurred increased drug usage, overdoses, associated crime, and civic decay. In response, Oregon effectively repealed the decriminalization policy with House Bill 4002.
HJR 4 represents an effort to avoid similar outcomes in Idaho by keeping drug policy decisions within the state legislature rather than allowing local experimentation or citizen-led initiatives.