Idaho voters will decide on a constitutional amendment saying that only the state legislature can legalize or regulate marijuana. This would mean that citizens cannot initiate measures to legalize marijuana in the state. Voters will vote on the amendment at the general election on Nov. 3, 2026.

The amendment, House Joint Resolution 4 (HJR 4), passed the House on March 5 by a vote of 58-10, with 58 Republicans in favor and nine Democrats and one Republican opposed. It then passed the Senate by 29-6, with all Senate Republicans voting for it and all Senate Democrats voting against it.

HJR 4 could conflict with a potential citizen initiative that may also appear on the ballot. The initiative that would legalize recreational marijuana in Idaho, submitted by Kind Idaho, is currently circulating in the state for signature gathering. The citizen initiative, if passed, would legalize the use, possession, and cultivation of marijuana in the state. The initiative campaign would need to submit at least 70,725 valid signatures by May 1, 2026, to qualify for the ballot.

State Sen. Scott Grow (R), who cosponsored the amendment, brought up the use of the citizen initiative process to have the voters decide on marijuana legalization, saying, “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.”

Currently, 24 states and Washington, D.C., have legalized the possession and personal use of marijuana for recreational purposes. In 13 states and D.C., the ballot initiative process was used to legalize marijuana, while two states had the legislature refer measures to the ballot, and nine states used bills to legalize marijuana.

Sen. James Ruchti (D), who voted against the amendment, also brought up the citizen initiative process, saying, “The people have a right under the initiative and the referendum process to weigh in on these issues. We have been clear in the Constitution that all political power is inherent in the people, and we have been clear that the people reserve to themselves the power to propose laws and enact the same at the polls independent of the Legislature. We should respect the people.”

Of the 26 states that provide for statewide citizen-initiated ballot measures, seven states have subject restrictions. A subject restriction is a law that limits the scope or content of citizen initiatives or prohibits citizen initiatives from addressing certain topics. Idaho currently does not have any subject restrictions for initiatives.

This amendment is the only statewide issue on the ballot so far in 2026. Two other citizen initiatives, including the initiative to legalize marijuana, are in the signature collection process.