The Idaho State Legislature adjourned sine die on April 10, 2025, with the next legislative session scheduled to begin on January 12, 2026.
Two constitutional amendments were referred by the legislature during the 2025 session and will appear on the ballot in November 2026: HJR 4 and HJR 6. HJR 4 would provide that “only the [Idaho State Legislature] shall have power and authority” to legalize “marijuana, narcotics, or other psychoactive substances.” This would effectively stop the initiative process from being used to create or alter legislation surrounding psychoactive substances, including marijuana. HJR 6 would add language to the state constitution stating English is the official state language. English is already the state official language, but that provision is only in state statute, not the constitution.
In Idaho, legislatively referred constitutional amendments are placed on the ballot after they pass both the state House of Representatives and the state Senate with a two-thirds majority vote (66.67%). In Idaho, the Republican Party controls the governor’s office, the Senate, and the House of Representatives. Idaho has had a Republican trifecta—where one party controls both chambers of the state legislature and governorship—for the past 31 years. Currently, 82.8% of the state Senate and 87.1% of the state House of Representatives are Republicans, meaning no votes are needed from Democrats to place a constitutional amendment on the ballot.
On March 5, HJR 4 passed the state House with a 58-10 approval vote with 58 Republicans voting yes and one Republican and nine Democrats voting no. Two Republicans were absent or not voting. It then passed the state Senate on March 11 with a 29-6 approval vote with 29 Republicans voting yes and six Democrats voting no. No senators were absent or otherwise not voting. On March 13, HJR 6 passed the state House with a 59-8 approval vote with 58 Republicans and one Democrat voting yes and eight Democrats voting no. Three representatives were absent or otherwise not voting. On March 25, it passed the state Senate with a 30-5 approval vote with 29 Republicans and one Democrat voting yes and five Democrats voting no. No senators were absent or otherwise not voting.
State Rep. Dale Hawkins (R-2B) sponsored an additional constitutional amendment which will not appear on the November 2026 ballot as it failed to advance out of the state House. HJR 1 would have created a state constitutional right for parents to “educate their children without government regulation outside of public schools.” It received a 46-23 vote in the state House (46 Republicans voting yes, and 15 Republicans and eight Democrats voting no), one vote short of the necessary two-thirds majority to advance the bill to the state Senate.
Since 1985, Idaho has had an average of between one and two referred constitutional amendments on the ballot in an even-year election. In that same time period, 97.06% of referred constitutional amendments have been approved by voters. Only one was defeated: HJR 2 in 2014. The amendment would have empowered the state legislature to delegate rulemaking authority to executive agencies and to approve or reject the administrative rules devised by those agencies.
Constitutional amendments can still be placed on the 2026 ballot if they are introduced and approved in the 2026 general legislative session, which is scheduled to start on January 12, 2026. There are two potential initiatives that could also be included on the 2026 ballot. The first is the Marijuana Legalization Initiative, filed by Kind Idaho, which would legalize the use, possession, and cultivation of cannabis for individuals 21 and older. The second, the Reproductive Freedom and Privacy Measure, filed by Idahoans United for Women and Families, would provide that every person has a right to make their own decisions on topics including “pregnancy; contraception; fertility treatment; prenatal and postpartum care; childbirth; continuing one’s own pregnancy; miscarriage care; and, abortion care.” Both initiatives are currently gathering signatures and must be submitted by May 1, 2026.
Additional Information:
Idaho HJR 6, English as Official State Language Amendment (2026)