Idaho: the most anti-cannabis state?

While most states progress on cannabis, the Idaho Legislature is making their state’s cannabis laws even more draconian — and is trying to prevent the people from taking cannabis policy reform into their own hands. On March 17, 2025, the Idaho House of Representatives and Senate, in lopsided votes, passed a resolution (HJR004) to ensure voters in Idaho will never be able to vote on marijuana via ballot initiative. In November 2026, Idahoans will vote on their midterm ballot on a state constitutional amendment providing:

"Shall Section 26, Article III of the Constitution of the State of Idaho 26 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?"

If passed, this amendment would hand over sole authority regarding cannabis to the legislature. No citizen's initiative would ever be allowed to create a compassionate medical cannabis program or adult-use legalization law. Idaho arguably has the worst cannabis laws in the nation — and the most anti-cannabis state lawmakers. The state has no medical cannabis program, no adult-use legalization law, and no decriminalization law.

Earlier in the 2025 session, the legislature passed and Governor Brad Little (R) signed a draconian bill into law (H0007) that creates a mandatory minimum fine for cannabis possession. Starting on January 1, 2026, the new law will impose a mandatory minimum $300 fine on simple possession of cannabis — less than or equal to 3 ounces — in addition to possible jail time.

Idaho's trend toward eliminating cannabis freedoms did not just end there. More than 20 lawmakers proposed HJR003, requiring a ⅔ supermajority vote of the legislature for any bill to legalize cannabis. However, it stalled once the House returned the bill to its original committee. 

On a more positive note, Rep. Ilana Rubel (D-Boise) and Rep. Jordan Redman (R-Coeur d'Alene), introduced a personal bill for medical cannabis — (HB 401). However, this extremely limited bill did not provide any realistic access to medical cannabis — it failed to authorize in-state production. And it did not even receive a committee vote. Idahoans deserve to make their own decisions — both about cannabis and cannabis policy. They do not need government authorities to control every freedom and decision.

If you live in Idaho, be prepared to vote "no" next year on the proposed constitutional amendment to take away your rights regarding cannabis.

Click here to stay up-to-date and sign up for Idaho-specific email updates from MPP!

Learn more about Idaho's marijuana laws

Under current Idaho law, an individual charged with possession of up to an ounce of marijuana faces a year in jail and/or up to a $1,000 fine. Starting on January 1, 2026, the minimum fine will be $300. Unfortunately, this draconian law hits minority communities the hardest. According to the ACLU, Black Idahoans are nearly four times more likely to be arrested for possession than their white neighbors.

Idaho was the last state to legalize hemp production. It does not allow any THC in hemp products.

Stay connected

To stay updated on the status of marijuana policy reform in Idaho, be sure to subscribe to MPP's alerts, if you haven't done so already.