As a result of the lockdown trauma experienced during covid shutdowns, the Idaho legislature has...
Testimony by Victor Miller in favor of HJR 4 Narcotics, Legislative Authority presented to the Senate State Affairs Committee on March 10, 2025.
Idaho’s Constitution requires the legislature to promote virtue, sobriety, temperance and morality.” [1] Since 1934, the Idaho Constitution has given the legislature of the state of Idaho “full power and authority relative to intoxicating liquors for beverage purposes.” [2] HJR4 brings the Idaho Constitution up to current realities by giving ONLY the legislature power and authority for marijuana, narcotics and psychoactive substances as well. This is logical for three reasons.
First, marijuana, narcotics and psychoactive substance deserve the legislature’s attention. Some statistics: Results of a JAMA Network Open study, published in January 2025, that included more than a half a million people in Ontario Canada over a 15-year period concluded “problematic cannabis use was linked to 10x risk of suicide death, 5x risk of overdose and 4x risk of lung cancer.” [3] 105,700 people overdosed in the U.S. in 2023. [4]
Second, it would end the unceasing attempts by out of state drug interests to bring drug initiatives to Idaho. You may hear testimony that “there is no outside money coming into Idaho for pot”, but Idaho should not take that risk or believe that. Why? Because from 1996-2020, pro-marijuana efforts in 9 surrounding states have spent nearly $100 million to legalize medicinal and recreational marijuana. [5] Kind Idaho an initiative in September 2024, would change Idaho code and legalize recreational pot. The initiative says: “Possession, production, or cultivation of Marijuana or Marijuana-infused products are exempted from penalties imposed by this Chapter if: (a) such Marijuana is for personal use and not for sale or resale; (b) is not consumed in any public or open setting; (c) is in the possession of a person who is at least 21 years old.” [6] Idaho does not have enough resources to enforce this. This initiative is already antithetical to House Bill 7 which requires a minimum fine for possession under 3 ounces. [7]
Third, this “only the legislature approach” would also prevent local governments from taking their own actions relative to drugs.
Let Idaho lead once again by passing HJR4 overwhelmingly in committee and in both chambers and send the strongest possible signal that Idaho is hostile to drugs. Through the ballot, let Idahoans proactively say “no to drugs”. And harmonize the treatment of alcohol and drugs in Idaho’s Constitution.
Sources:
1: https://legislature.idaho.gov/statutesrules/idconst/ArtIII/Sect24/
2: https://legislature.idaho.gov/statutesrules/idconst/ArtIII/Sect26/
3: https://x.com/alexberenson/status/1888254950171463713?s=42
4: https://www.cdc.gov/nchs/data/databriefs/db522.pdf
5: 
7: https://legislature.idaho.gov/sessioninfo/2025/legislation/H0007/
House Joint Resolution 3 has essentially be replaced with HJR 4. Both propose amendments to the same section of the Idaho Constitution (Article III, Section 26), but they differ significantly in their scope and wording. HJR 4 passed in the House of Representatives by a vote of 58-10. Senate State Affairs committee moved HRJ 4 to the full Senate (with only one dissenting vote).
HJR 3
https://legislature.idaho.gov/wp-content/uploads/sessioninfo/2025/legislation/HJR003.pdf
- Key Term: "Unlawful drugs" defined as "drugs, substances, or chemicals with no legal medical use pursuant to Idaho law."
- Purpose: To require a two-thirds vote of the Idaho Legislature to legalize any "unlawful drug."
- Specifics:
- It includes detailed "findings" about the negative consequences of drug legalization.
- It explicitly defines what "unlawful drugs" are.
- It creates a high bar (2/3 majority) for the legislature to legalize any drug that currently has no legal medical use.
- It contains exceptions regarding research, terminally ill patients, and law enforcement.
- Effect: This bill would make it much more difficult to legalize any drug that is currently illegal in Idaho.
HJR 4
https://legislature.idaho.gov/wp-content/uploads/sessioninfo/2025/legislation/HJR004.pdf
- Key Term: "Psychoactive substances," specifically mentioning "marijuana, narcotics, or other psychoactive substances."
- Purpose: To grant the Idaho Legislature exclusive power to legalize "marijuana, narcotics, or other psychoactive substances."
- Specifics:
- It is much simpler and more direct.
- It specifically mentions "marijuana" and "narcotics," along with the broader term "psychoactive substances."
- It aims to solidify the legislature's control over the legalization of these substances.
- Effect: This bill would codify that only the state legislature can legalize these types of substances, preventing legalization through other means, such as ballot initiatives.
Key Differences Summarized:
- Scope: HJR 3 targets a broader category of "unlawful drugs" based on medical use, while HJR 4 focuses on "psychoactive substances," particularly marijuana and narcotics.
- Legislative Threshold: HJR 3 requires a 2/3 legislative vote. HJR 4 simply gives the sole power to the legislature.
- Wording and Detail: HJR 3 is more detailed, including findings and explicit definitions, while HJR 4 is more concise.
- Intent: Both bills aim to limit drug legalization, but HJR 3 does so by creating a high legislative hurdle, and HJR 4 does so by concentrating power in the legislature.
