Legalizing pot in Idaho could get tougher with proposed constitutional amendment
As other states warm up to legalizing marijuana, Idaho legislators are seeking another way to lock in the state’s anti-drug laws.
State senators on Wednesday in a 24-11 vote approved a resolution that would make it more difficult to legalize pot or other psychoactive drugs in the future, by putting it in the state’s constitution.
The amendment, Senate Joint Resolution 101, would make currently illicit drugs, including marijuana, illegal not just in Idaho code but in the constitution. If the House approves it with a two-thirds vote, the amendment would be put to a vote on Idaho’s 2022 general election ballot.
The new section of the constitution would ban “the production, manufacture, transportation, sale, delivery, dispensing, distribution, possession, or use of a psychoactive drug” unless it’s approved by the Food and Drug Administration and lawfully prescribed.
Sen. C. Scott Grow, R-Eagle, who sponsored the legislation, said Wednesday the measure has been “thoroughly vetted” after he consulted with attorneys, law enforcement officials and the medical community. He said legislators have a duty to protect children and families from the “scourge” of drug culture.
“All roads lead to decriminalization of drugs,” Grow said. “We’ve seen that in our neighboring state of Oregon.”
Montana joins recreational marijuana states
The legislation comes shortly after voters in more conservative states, such as Montana and Arizona, in the November election approved recreational marijuana use. Oregon voters in November also approved a measure that decriminalizes small amounts of a range of street drugs and reduces penalties for larger amounts.
Idaho — which currently does not allow medical marijuana — now is surrounded by border states that have legalized the drug in some capacity, with the exception of Wyoming.
Washington, Oregon, Nevada and Montana have legalized recreational pot, while Utah allows medical marijuana. A total of 36 states have approved medical marijuana use, while 15 have allowed recreational use.
Within an hour’s drive from Idaho in Ontario, Oregon, pot sales topped $91.7 million last year, according to the Oregon Liquor Control Commission. Malheur County was the highest among Oregon counties in per-capita sales.
Sen. Christy Zito, R-Hammett, said she’s lost family members to illegal drugs, fentanyl and an illegal prescription medication, but ultimately voted against the legislation. She said legislators shouldn’t confuse policies with constitutional rights. She pointed out that she has also seen substance abuse of alcohol.
“I just think that as we approach this, we need to be careful that we honor the choice of the individual,” Zito said.
Sen. Ali Rabe, D-Boise, asked Grow on the floor whether the legislation accounts for future changes to the Idaho code. Grow confirmed that it accounts only for changes this session, but not after July 1.
“I don’t feel like we know really what we’re voting for,” Rabe said, since the implications of the amendment could change as Idaho statutes change. “I’d like to give that ability for voters to choose how we amend the constitution.”
Legalization a moral issue
Several senators pointed to the legalization of marijuana and other drugs in Washington, Oregon and Colorado as evidence of the negative impacts of drug culture. Sen. Van Burtenshaw, R-Terreton, said he believes Idaho has benefited from sticking to its moral values that have drawn new residents into the state.
“Senators, I beg of you, we have to keep this state clean,” Burtenshaw said, as he began tearing up on the floor. “The future of Idaho is on our shoulders. We need to step up and do the right thing.”
Sen. Regina Bayer, R-Meridian, said she doesn’t support legalizing recreational pot but believes alternatives like medical cannabis can benefit those who would otherwise be addicted to more harmful drugs. She said she knew a Vietnam veteran who is free from opioids with CBD.
“This can be an aid to end our opioid crisis,” Bayer said.
Senate Minority Leader Michelle Stennett, D-Ketchum, said it’s clear the legislation doesn’t address drug culture but only psychoactive drugs. She said it would impact Idaho’s access to medical breakthroughs and spoke of the benefits medical marijuana has had on cancer patients. She’s previously spoken about her husband, who has undergone cancer treatment.
Grow said Wednesday that Idaho legislators would have the final say on drugs allowed to be used in medical treatments. But the amendment, if approved by voters, would still require that the drug must be permitted by the FDA, which experts don’t expect would ever legalize medical marijuana, for sale or as a therapeutic product.
Sen. Steve Vick, R-Dalton Gardens, opposed the measure. He said the Idaho constitution is already too long. The amendment would make the state’s constitution more than double the length of the U.S. Constitution, he said, and that it’s too technical.
“This is a very difficult vote for me because, again, I agree with the end that is being sought here,” Vick said. “But in my opinion, this is not the proper way to amend the constitution, and I am not able to support it.”
Some critics during the public hearing questioned whether the amendment would make CBD oil or hemp illegal. Grow said attorneys assured him the amendment would not ban CBD oil, and promised that legislators plan to legalize hemp this session.
“Let Idahoans choose whether they want to live in a drug-free state, free from drug culture or not,” Grow said.
This story was originally published February 3, 2021 at 12:53 PM.
