More than two-thirds of Idaho adults support the legalization of medical marijuana, according to a new poll commissioned by the Idaho Statesman.

The poll, conducted by independent research company SurveyUSA, asked 550 adults throughout Idaho three questions: whether marijuana should be legal medically, whether it should be legal recreationally and whether residents should be penalized for possession of small amounts of marijuana.

One of the answers was clear: 68% of respondents believe cannabis should be legalized for medical purposes.

The results aren’t surprising to some.

House Minority Leader Ilana Rubel, D-Boise, told the Statesman by phone that the poll numbers are exactly what she expected, adding that she “wouldn’t have been surprised” if support for medical marijuana was higher. Rubel, alongside Rep. Mike Kingsley, R-Lewiston, last year co-sponsored a bill to decriminalize medical cannabis. The bill failed to make it on the House floor for a vote.

When asked why Idaho is so behind surrounding states when it comes to the legalization of medical marijuana, Rubel said that she doesn’t think it is an Idaho problem but instead a lawmaker problem.

In the Western U.S., every state except Idaho, Wyoming and Utah have legalized pot both medically and recreationally, and have decriminalized the drug. Utah has legalized medical marijuana, and Wyoming allows the sale of CBD oil so long as it contains less than 0.3% THC.

“The Idaho Republican Party and the political elite within it have taken on a life of their own, that does not track the desires of the people of Idaho,” Rubel said. She added that she’d like to see policies that align more closely to what people in Idaho want.

[View the complete results here]

Out of the 32% of respondents who don’t support the legalization of medical marijuana, only 18% want it to be illegal; the other 14% aren’t sure.

But support for pot decreases when it comes to recreational use. Out of the respondents, 48% are in favor of recreational marijuana use, and 41% believe it should be against the law. The other 10% aren’t sure.

The marijuana polling results were part of a statewide Idaho Statesman/SurveyUSA poll on several contentious issues in Idaho. Results on questions related to LGBTQ rights, abortion, taxes and other topics were released throughout the past week at IdahoStatesman.com. The poll was conducted Oct. 17-20 online and by phone, with the pool of adults surveyed weighted to U.S. Census targets for gender, age, race, education and home ownership.

Idaho veteran speaks in favor of medical marijuana

Retired U.S. Air Force Senior Master Sergeant Jeremy Kitzhaber, who went before the Idaho Legislature in 2021 and helped craft the medical marijuana bill, told the Statesman by phone that he’s still hoping cannabis will be legalized for medical purposes in Idaho.

Kitzhaber has Stage 4 cancer, which is linked to his military service. He said he’s been prescribed hydrocodone, oxycodone and morphine — which he takes almost daily — to manage the pain from his terminal illness. But opioids can cause a bowel obstruction, which could kill him.

If he was allowed to use cannabis, he’d be able to comfortably manage his pain, Kitzhaber said. Instead, because Idaho lawmakers have chosen not to legalize medical marijuana, he’ll “live in pain,” he told the Statesman.

The Idaho resident said he won’t move or go across the border to buy medical marijuana.

“I shouldn’t have to move to Oregon to manage my pain,” Kitzhaber said.

As a veteran on disability, if Kitzhaber were to get arrested, then convicted for marijuana possession and serve a prison sentence, he could lose his disability benefits. According to the U.S. Department of Veteran Affairs, if veterans are convicted of a felony and spend more than 60 days imprisoned, the department would reduce their benefits.

Kitzhaber told the Statesman losing those disability payments would threaten his livelihood and impact his wife.

“I can’t risk it, so I just will live in pain,” he said.

Kitzhaber said when he has traveled to other states like Nevada and California, where weed is legal, he has purchased low-level edibles to use while he’s there. He said that when he has been able to use edibles, he is “completely” off his opioid treatment.

He was able to attend shows, speak with relatives and even kayak down the Colorado River, he said.

But that is not his reality living in Idaho. If Kitzhaber’s pain gets worse, he said the next step would be fentanyl.

“The option that does work for me — because I’ve used it — I can’t,” he said. Kitzhaber said he carries Narcan with him in case he overdoses from his prescribed opioid treatment.

Kitzhaber said he understands that marijuana usage could lead to a car accident if someone wasn’t careful, but he said he’s a “responsible drug user.”

“The only thing I’m going to kill is a bag of Doritos,” Kitzhaber joked, “if I’m allowed to take it.”

He said the poll results show the Idaho Legislature isn’t listening to constituents.

Rubel said she hopes the state can legalize medical cannabis while Kitzhaber can still enjoy the benefits. She added that it “seems ridiculous” that Idaho hasn’t legalized medical marijuana, and it’s “a great disservice.”

“It just feels very wrong that we sent a person off to serve our country, he contracted a deadly disease in the course of serving our country, and now we are depriving him of the medicine he needs,” Rubel said.

More than 80% of Idahoans for decriminalization

Even though a majority of Idahoans aren’t in favor of the recreational cannabis use 85% of respondents don’t believe someone should be sent to jail for a “small amount” of marijuana. That majority was split between two alternatives to jail time: a fine (43%) or no penalty at all (42%).

Only 11% of respondents believe someone should serve jail time; the other 4% aren’t sure.

The poll didn’t specify what would be considered a small amount of weed. But in Idaho, a misdemeanor possession of marijuana is 3 ounces or less and could land someone in county jail for up to a year.

On average, though it varies, 3 ounces of pot would equal roughly 85 joints — if each joint was 1 gram. But with edibles, weight highly fluctuates depending on the type of product, so it’s easier to surpass the 3-ounce threshold.

While Idaho has seen a bill regarding the legalization of medical marijuana, there has been less activity surrounding overall decriminalization.

But both Rubel and Kind Idaho treasurer Joe Evans said they aren’t opposed to decriminalizing marijuana. Kind Idaho is an organization that tried and failed earlier this year to put medical marijuana on the November ballot.

Rubel said there has been “some discussion” regarding decriminalization, and it could be what people are looking for.

“There’s a lot of ways I think that you could contain it, so that it’s not everywhere,” Rubel said. “You’re not walking through clouds of smoke. We’re not like Portland or Seattle — but we’re also not ruining a lot of people’s lives for a pretty minor offense.”

Evans told the Statesman by phone that authorities aren’t arresting everybody in Idaho with weed, which makes the enforcement process “intermittent” and “selective.” But Evans noted that while he wants to see minor possession of marijuana decriminalized, that isn’t the mission of Kind Idaho.

Idaho is nearly surrounded by states with legalized marijuana, including Washington, Oregon and Nevada.

And it’s no secret that Idaho residents are traveling to those legal states — especially Oregon and Washington — to buy pot. In 2021, Malheur County — a county of a little over 31,000 people — was the leading seller of cannabis in Oregon at $111 million in sales, the Portland Business Journal reported. Malheur County contains Ontario and borders Idaho’s Canyon, Payette and Owyhee counties.

North Idaho’s Moscow and Pullman, Washington, are approximately 9 miles apart. The closest pot shop is less than 1 mile off the Idaho border — making it easily accessible for the University of Idaho’s college students.

How marijuana opinions break out by party

Unsurprisingly, support for marijuana was strongest among people who identified as “liberal” or whose party affiliation was Democrat. But, when it comes to medical cannabis, Republicans aren’t far behind.

Medical marijuana was approved by 60% of Republican respondents in the poll, 84% of Democrats and 74% of independents.

Republican support eroded for recreational marijuana, however. Only 35% of Republicans approved of legalizing it for that purpose, compared to 74% of Democrats and 61% of independents.

While Republican Idahoans might not be overwhelmingly in favor of the legalization of marijuana, they aren’t eager to throw people in jail over small amounts of pot. Just 14% of Republicans believe someone should be placed in jail for a small amount of weed. Democrats and independents were at 7%.

Republican Terry Platts, 75, told the Statesman in a follow-up interview that he doesn’t believe people should be penalized for marijuana use. The Gooding resident was against the legalization of both medical and recreational marijuana in the SurveyUSA poll but also said he opposes putting someone in jail for minor amounts.

Platts said he didn’t see a point in answering in favor of legalizing medical marijuana, even though he’d support it, because “Idaho will never approve in any way, shape or form” the legalization of weed.

He added that he watched the legislative process to legalize hemp — Idaho was the last state to do it — so he wasn’t optimistic that the process to legalize weed would be quick.

“They’re staunch old Republicans — which I am, too — and I know them well enough to know that, hell no, not in the next five years are they going to pass anything that will allow marijuana,” Platts said, referring to the Legislature. “So why wish for something that isn’t going to happen?”

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