Idaho House Joint Resolution 4: A Shift in Control Over Drug Legalization

In March 2025, the Idaho Legislature passed House Joint Resolution 4 (HJR 4), a proposed constitutional amendment that would give the state Legislature sole authority to legalize marijuana and other psychoactive substances. If enacted, this measure would block the possibility of legalization through citizen-led ballot initiatives, ensuring that only lawmakers can make such decisions.

What House Joint Resolution 4 Entails

HJR 4 seeks to amend Section 26, Article III of the Idaho Constitution. Currently, the state Legislature has control over liquor regulation. The proposed amendment broadens this authority, stating:

“Upon approval by Idaho voters, only the state Legislature will have the power to legalize the cultivation, production, distribution, sale, possession, or use of marijuana, narcotics, or any other psychoactive substances.”

By making legislative approval the only path for legalization, the resolution removes the ability of local governments or grassroots initiatives to influence state drug laws. This represents a significant shift in Idaho’s drug policy, consolidating decision-making power within the legislative branch.

Legislative Progress and Political Debate

Introduced by Representative Bruce Skaug (R-Nampa), HJR 4 is part of a broader conversation in Idaho about how drug laws should be determined. On March 5, 2025, the resolution passed the Idaho House in a 58-10 vote, largely split along party lines. Skaug emphasized that Idahoans should take a proactive approach in determining the state’s drug policies, citing concerns about maintaining public sobriety and moral standards.

After clearing the House, the resolution advanced to the Senate, where it was approved on March 11, 2025, with a vote of 29-6. The next step is for the Governor to sign it into law. If approved, the amendment will be placed on the ballot, allowing Idaho voters to decide its fate in the next election.

Impact on Idaho Voters

If voters approve the measure, the Idaho Constitution will be amended, leading to the following key changes:

  • Legislative Authority Over Drug Legalization: The state Legislature will have exclusive power to determine if and when marijuana, narcotics, or other psychoactive substances can be legalized. This change would remove any influence from local governments or public ballot initiatives.
  • Eliminating Citizen-Led Ballot Initiatives: Idaho citizens will no longer be able to propose or vote on drug legalization measures through the ballot initiative process, concentrating all decision-making power in the hands of legislators.

Public Reactions and What’s Next

HJR 4 has sparked considerable debate among Idahoans. Supporters argue that the amendment ensures a consistent and controlled approach to drug policy, maintaining public health and safety. Critics, however, see it as an effort to weaken direct democracy by stripping voters of their ability to influence drug laws through ballot initiatives.

With neighboring states legalizing marijuana, Idaho’s strict stance on the issue has remained a point of contention. If passed, the amendment would reinforce Idaho’s conservative approach to drug regulation while igniting broader discussions about the balance between legislative power and public participation.

Ultimately, the final decision rests with Idaho voters. Their verdict will not only determine the direction of drug policy in the state but also shape the future of how laws are created and amended through direct democracy versus legislative authority.