House Joint Resolution 4: Legislature's Exclusive Authority to Legalize Psychoactive Substances
Statewide — all of Idaho
General election · Tuesday, November 3, 2026
- Placed on the ballot by the Idaho Legislature. HJR 4 passed the House 58-10-2 and the Senate 29-6-0 in March 2025 and, as a joint resolution, did not need the governor's signature.[2]
The question on the ballot
“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?”[1]
The official Statement of Meaning, Purpose, and Result in the voter pamphlet says the amendment “would give the Legislature exclusive authority to legalize marijuana, narcotics, or other psychoactive substances in the State of Idaho.” It adds a new subsection (2) to Article III, Section 26 of the Idaho Constitution, effective immediately on adoption. The pamphlet's text as retrieved does not include a fiscal-impact statement for the amendment.[1]
A YES vote means
A YES vote would give the Legislature exclusive authority to legalize marijuana, narcotics, or other psychoactive substances in the State of Idaho.
A NO vote means
A NO vote would make no change to Idaho’s Constitution, which currently allows changes to Idaho’s controlled substances laws using the initiative process.
The law today
Per the official voter pamphlet, a NO vote “would make no change to Idaho’s Constitution, which currently allows changes to Idaho’s controlled substances laws using the initiative process.” Article III, Section 26 now gives the Legislature authority over intoxicating liquors only.[1]
Official fiscal estimate
The bill's Statement of Purpose/Fiscal Note (prepared by the resolution's proponents) says: “This constitutional amendment proposes no changes to existing statutes. Hence, there is no fiscal impact, except the cost of placing this on the ballot. According to the Secretary of State, the approximate cost of any ballot measure is not more than $200,000.00.”[4]
Arguments made for
- Official voter pamphlet statement for the amendment: “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.”[1]
- Sen. Scott Grow (R-Eagle), co-sponsor, to the Idaho Capital Sun: “We’re just trying to help the citizens understand that the status quo is the Legislature has the power currently. We just want to prevent special interests from convincing people to pass legislation that would give money to those special interest groups.”[3]
Arguments made against
- Official voter pamphlet statement against the amendment: “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.”[1]
- David Adler, president of the Alturas Institute, to the Idaho Capital Sun: “Really, HJR 4 asks Idahoans to surrender both their rights and their powers to shape their future.”[3]
On record in support
- Rep. Bruce Skaug (R-Nampa), House sponsor, and Sens. Scott Grow and Todd Lakey, co-sponsors (listed contacts on the resolution's Statement of Purpose)[4]
- Sen. Scott Grow (R-Eagle), co-sponsor, who told the Idaho Capital Sun the amendment is needed to keep special interest groups from running campaigns to legalize drugs at the ballot box[3]
On record in opposition
- David Adler, president of the nonprofit Alturas Institute in Idaho Falls, who has spoken against HJR 4[3]
Research notes & limits
Ballot list confirmed against the Secretary of State's VoteIdaho.gov General Election page, which lists exactly four statewide items (HJR 4, HJR 6, Proposition One, and the State Gun advisory question). The pamphlet publishes one statement for and one against, without named authors; both are quoted as official pamphlet text. No registered campaign committee for or against was found on a fetched page; campaign finance not added.
Sources · 4
Researched 2026-10-19. Green citations are official government records.
- 1.2026 Idaho General Election: ballot measures and Idaho Voter Pamphlet text · Idaho Secretary of State (VoteIdaho.gov) · 2026-10-19 Official record
- 2.House Joint Resolution 4 (2025): bill status and roll calls · Idaho Legislature Official record
- 3.Passing HJR 4 would give Idaho Legislature sole authority to legalize marijuana, other drugs · Idaho Capital Sun · 2026-10-06 News report
- 4.House Joint Resolution 4 (2025): Statement of Purpose / Fiscal Note · Idaho Legislature Official record