Local NewsMarch 5, 2025

Bill would bake prohibition into Constitution

Jodie Schwicht Idaho Press (Nampa)
Bruce Skaug
Bruce Skaug

BOISE — A resolution that would eliminate the ability of voters to legalize marijuana through a ballot initiative has been forwarded to the Idaho House

On Tuesday, House State Affairs Committee members voted to advance House Joint Resolution 4, which put on the ballot a question of whether to amend Idaho’s Constitution to place “psychoactive substances” solely under the Legislature’s scope of authority.

Proposed constitutional amendments require at least two-thirds of both the House and Senate to approve the resolution, and the question must also be approved by the simple majority of voters.

The resolution came after House Bill 7 was signed into law, which established a mandatory minimum $300 fine for marijuana possession under 3 ounces.

Rep. Bruce Skaug, R-Nampa, who also sponsored HB 7, presented HJR 4 to the committee.

Skaug argued the move is provided for by Idaho’s Constitution, which states that the “first concern of all good government is the virtue and sobriety of the people, and the purity of the home.”

“The reasons for this Legislature to be proactive have not changed,” Skaug said. “We are to be proactive on that challenge from our Constitution.”

The resolution is co-sponsored by Sen. Scott Grow, R-Eagle, who said the move against the initiative process was a strategy of “offense”.

“In the past, Republican states’ legislators have tried to keep drugs out, and often they get rolled over by the initiative process,” Grow said. “There are only two, Idaho and Wyoming, that haven’t been rolled totally on marijuana.… We’re hopeful that we can go on offense, and put this out to the voters and let them make a positive statement that Idaho wants to stay clean from drugs.”

There are currently four states in the U.S. where marijuana use is fully illegal, including Idaho. Legalization of medicinal and recreational marijuana in other states has typically been achieved through ballot measures determined by voters.

Rep. Todd Achilles, D-Boise, expressed skepticism about the resolution’s proposal to voters.

“If the intent here is to stop the initiative process, but this still needs to go to the voters for approval, aren’t we asking the same question … just in the opposite direction?” Achilles asked.

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Grow responded, “We’re allowing the voters to do their role to support the status that we have of Idaho not being a druggie state. It’s better to be on the offense than always be on the defense.”

A 2022 SurveyUSA/Idaho Statesman poll found that 70% of Idahoans were in favor of a medical marijuana program in the state, the Idaho Capital Sun reported. Medical marijuana advocacy group KIND Idaho filed a ballot measure in November to legalize marijuana for personal use in the 2026 election; initiatives have been proposed for years during nearly every election but none have qualified for the ballot.

Testimony on the bill was mostly in favor with representatives from conservative groups Idaho Freedom Foundation and the Idaho Family Policy Center testifying in favor.

Unaffiliated individuals also spoke in favor of the bill. Christian Brown, a middle-school teacher, talked about the challenges drugs pose to the students he taught in Central Washington.

“The impact on the children I saw every day… on the lax drug laws was nearly unbelievable,” Brown said. “These are real stories and real people.”

Joseph Evans, treasurer of KIND Idaho, argued for veterans’ benefits from therapeutic drug use.

“We have veterans who have been able to enjoy the use of cannabis … with a growing body of support for recovery from PTSD, TBI and multiple other issues. The difficulty we have right now is that this body doesn’t represent the good that these medicines can do.”

Rep. Brooke Green, D-Boise, who asked if passing the bill would result in later freezes on prescription drugs, because the bill would give the Legislature authority to regulate “narcotics.”

“Narcotics include codeine, morphine; medicine that is already used in our communities,” said Green. “If this passes, are we going to have hearings on medicines and include those every single time a new one makes an appearance?”

Skaug replied, “No.”

The committee voted 13-2 along party lines in favor of HJR 4, with Achilles and Green as the two “no” votes.

The resolution now heads to the full House for consideration.

Schwicht may be contacted at newsroom@idahopress.com.

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