HJR 4: Just the facts, please

On Nov. 3, one of the items you will be voting on is House Joint Resolution 4 (HJR 4). On the ballot it reads: “This proposed constitutional amendment would give the Legislature exclusive authority to legalize marijuana, narcotics, or other psychoactive substances in the State of Idaho.”

This wording is confusing because it sounds like voters would be giving the Legislature new power. The Legislature already has the authority to legalize marijuana, narcotics, or other psychoactive substances. Idaho voters currently also have this power through the initiative process, in which citizens can enact laws by majority vote.

If HJR 4 passes, the initiative process could no longer be used to legalize marijuana, narcotics, or other psychoactive substances. This would leave the Legislature with exclusive power on those subjects. 

Laws passed by initiative can be amended or repealed by the Legislature. In 1994, an initiative established term limits. That law was repealed by the Legislature in 2002, and the Idaho Supreme Court unanimously upheld the repeal, holding that an initiative, once enacted, stands on equal footing with ordinary statutes and can be repealed by the Legislature.

Idaho has had 31 citizen-initiated state statutes, with 15 of those passing. Lately, the initiative process has become a vehicle for out-of-state interests to change Idaho laws.

Voting Yes on HJR 4 would block the initiative process from being used to legalize marijuana, narcotics, or other psychoactive substances, while the Legislature would retain that ability if needed.

BRENT REGAN

Coeur d’Alene