Idaho ballot measure · November 3, 2026

Idaho HJR 4, explained

Legislature's exclusive authority over marijuana and other psychoactive substances. A ballot measure is a yes-or-no question put directly to voters — no candidate is involved, and the wording on the ballot is the wording that becomes law. This page shows that wording first, then what it actually changes.

The official wording

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?

This is what appears on the ballot. Everything below explains it.

What it actually means

Idaho law can be made two ways: by the Legislature, or by citizens through a ballot initiative. This amendment would close the second route for one subject. Only the Legislature could legalise marijuana, narcotics or other psychoactive substances, so a future initiative on medical or recreational cannabis could not be put to voters. Marijuana is currently illegal in Idaho in all forms.

If you vote YES

Article III, Section 26 of the Idaho Constitution would say that only the Legislature has the power to legalise the growing, producing, manufacturing, transporting, selling, dispensing, prescribing, distributing, possessing or using of marijuana, narcotics or other psychoactive substances.
Citizens could no longer use the initiative process on those subjects; the initiative process would remain open for everything else.
The change would take effect immediately on adoption, so it would not affect anything on the 2026 ballot — no marijuana initiative qualified this year — but would apply to initiatives filed for later elections.
Idaho would become the first state with a subject restriction on initiatives written specifically around drug legalisation; seven of the 24 initiative states have subject restrictions of some kind.

If you vote NO

Idahoans would keep the ability to propose initiated statutes legalising or decriminalising marijuana, narcotics or other psychoactive substances, subject to the state's signature requirements — 6 percent of registered voters statewide and 6 percent in each of at least 18 of the 35 legislative districts.
Marijuana would remain illegal in Idaho for both medical and recreational use, with possession of any amount a misdemeanour, unless the Legislature or a future initiative changed that. Idaho is one of 11 states where both are illegal.
The Legislature would keep its own power to legislate on these substances, as it does now, and could amend or repeal any initiative voters passed.
Two cannabis initiatives filed for 2026 — the Idaho Medical Cannabis Act and Decriminalize Cannabis Now — failed to gather enough valid signatures, so the question would stay open for a future cycle.

The numbers that matter

Cost of putting the measure on the ballot: not more than $200,000

Why supporters say YES

"Drugs destroy lives, tear apart families, and threaten the safety of our communities. Decisions about legalizing marijuana, narcotics, and other psychoactive substances are too important to be made lightly. The proposed amendment would ensure that any proposal to legalize these dangerous substances would go through the legislative process. Public hearings would be held on the proposal, where law enforcement and people whose lives have been damaged by drugs would be able to testify. Legislators would carefully consider each proposal and would be publicly accountable for their votes."
— Official argument in favour, Idaho Voter Pamphlet
"Too many legislatures across this nation have sat back and just waited as initiative after initiative would come after them, until they finally overwhelm it and overwhelm the legislature. We are acting because that's our responsibility."
— State Sen. Scott Grow (R-14)

Why opponents say NO

"The Idaho Constitution says that all political power belongs to the people. But the proposed amendment would take power away from the people by getting rid of their ability to pass drug legalization laws on their own through ballot initiatives. The people are as capable of making good, careful decisions about drug policy as legislators are. The amendment is also unnecessary because if the people did ever pass a poorly considered law legalizing drugs, the Legislature would have the power to amend or repeal it."
— Official argument against, Idaho Voter Pamphlet
"HJR 4 looks like it gives the Idaho legislature exclusive authority to legalize marijuana or any other drug. It would block citizens from legalizing these substances. This is an attack on the ballot initiative process itself and the right of Idaho citizens to make their own decisions. If the legislature can take away our right to decide on marijuana, it can take away our right to decide on any other issue—whether it be education policy, healthcare policy, or anything else."
— Reclaim Idaho

What’s genuinely uncertain

The amendment's practical reach depends on the undefined phrase "other psychoactive substances," which no Idaho court has construed; neither side has published a list of what it covers.
Whether the restriction would apply to an initiative that decriminalises rather than legalises is not addressed in the text.
The fiscal note covers only the cost of putting the question to voters, not any later effect.

The bottom line

Whether drug legalisation should be a question only the Legislature can answer, or one Idahoans can still put on the ballot themselves; supporters say such decisions belong in hearings with accountable votes, opponents say it removes a subject from the people's reach and sets a precedent for removing others.

One neutral sentence describing the tradeoff — not a recommendation.

Sources:ballotpedia.org voteidaho.gov

Checking it against the official text

The Idaho Secretary of State publishes the certified measures and, in most states, an official voter guide with fiscal notes. That is the authoritative version. Everything here is an explanation of it, not a substitute for it.

Confirm this with the official source

Your ballot is determined by your election authority, not by us. Verify your registration, precinct, and sample ballot at Idaho Secretary of State.

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