Lacks a medical marijuana, decriminalization, and legalization law.
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Last update: December 16, 2025
Ballot initiative kicks off for medical marijuana effort in 2026
The Natural Medicine Alliance of Idaho has begun collecting signatures to land a medical cannabis program on the November 2026 ballot. All the signatures are needed by April 30, 2026. If the initiative qualifies and passes, it will bring medical access to one of the most restrictive states for cannabis in the country. Idaho would finally join the 40 other states with medical programs.
To learn more about the ballot initiative, visit the campaign’s website here. To find locations to sign the petition, click here. You can also check out our summary.
Idaho: the most anti-cannabis state?
While most states progress on cannabis, the Idaho Legislature has been 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 ban voters in Idaho from voting on relaxing cannabis and other drug laws via ballot initiatives. In November 2026, Idahoans will vote 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. Given the legislature's hostility to cannabis, the citizen initiative process is likely the only path to expanding cannabis freedom in Idaho. Be sure to plug into the medical cannabis initiative campaign. And be prepared to vote "no" on the proposed constitutional amendment to take away your rights regarding cannabis.
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.
An outrageous bill that removes the ballot initiative process for cannabis legalization has unfortunately passed the Idaho House of Representatives and Senate in lopsided votes.