The short version: Idaho voters rejected HJR 4, a proposed constitutional amendment that would have given the Legislature the sole power to legalize marijuana and other drugs. About two out of three voters said no in unofficial results. Marijuana is still completely illegal in Idaho, but citizens keep the option of putting a legalization initiative on a future ballot.

Published November 5, 2026. Results are unofficial until certified.

What happened on November 3

HJR 4 (House Joint Resolution 4) failed by a wide margin. The Associated Press called the race at 10:39 p.m. Mountain time on election night, according to the Idaho Capital Sun.

As of 3:25 p.m. Mountain time on November 5, the Idaho Secretary of State’s unofficial results page showed 471,261 votes against HJR 4 (about 66.3%) and 239,882 votes for it (about 33.7%), with all 44 counties reporting. These numbers are unofficial and may still change slightly before the state certifies them.

What HJR 4 would have done

HJR 4 asked voters to amend Section 26, Article III of the Idaho Constitution. The change would have said that only the Idaho Legislature could legalize the growing, sale, possession or use of marijuana, narcotics or other psychoactive substances.

In practice, that would have closed the door on citizen ballot initiatives for marijuana, whether medical or recreational. Idahoans would no longer have been able to collect signatures and put a legalization question directly to voters. Only lawmakers could have made that call.

What changes now (short answer: nothing is legal)

Let’s be very clear: rejecting HJR 4 did not legalize anything. Marijuana is still illegal in Idaho for any use, medical or recreational. Here’s what still applies:

• Possession: Still a crime. Since January 1, 2026, possessing 3 ounces or less carries a mandatory minimum $300 fine, plus possible jail time. More than 3 ounces is a felony.
• Medical cards: Idaho has no medical program and doesn’t recognize cards from other states.
• Bringing it home: Driving back from Washington, Oregon, Nevada or Montana with legally bought cannabis is still illegal in Idaho. Crossing state lines with it is also a federal crime.

What the vote did do is keep the initiative process open. Idahoans can still try to put a medical or recreational marijuana measure on a future ballot by gathering enough valid signatures. That has proven hard. A 2026 medical cannabis initiative fell short of the required number of valid signatures and never made the ballot. Earlier medical efforts aimed at 2022 and 2024 also didn’t qualify, according to Marijuana Moment.

For a full breakdown of penalties and rules, see our Idaho marijuana law guide.

Who was for it and who was against it

Republicans in the Idaho Legislature passed HJR 4 and sent it to voters. According to Marijuana Moment, Sen. C. Scott Grow led the effort and argued that the marijuana industry is driven by profit. The Idaho Capital Sun reported that supporters said they didn’t want out-of-state interest groups spending heavily to persuade Idaho voters to approve marijuana.

Opponents framed the vote as a question about ballot initiative rights more than about drugs. Reclaim Idaho, a group that works on ballot initiatives, campaigned against it. Its executive director, Luke Mayville, called the result a big win for ballot-initiative rights, the Capital Sun reported. NORML and the Marijuana Policy Project also opposed the amendment. NORML’s Paul Armentano summed up its view this way: HJR 4 “wasn’t anti-marijuana; it was anti-democracy.”

What’s next

Counting is wrapping up, but results aren’t official until the Idaho State Board of Canvassers certifies them. The Idaho Capital Sun reported that the board meets November 24. Check VoteIdaho.gov for the official canvass once it’s posted.

As for future campaigns, nothing concrete has been announced in the coverage we reviewed. The Marijuana Policy Project said it hopes the result leads to a stronger initiative effort in the next cycle. We’ll update you if a campaign launches.

Curious how Idaho compares with its legal neighbors? Visit our state-by-state marijuana law hub.

Sources

• Idaho Secretary of State (VoteIdaho.gov): General Election, November 3, 2026, unofficial results
• Idaho Capital Sun: Idaho amendment giving state Legislature sole power to regulate drugs fails
• Marijuana Moment: Idaho Voters Reject Ballot Measure That Would Have Restricted Their Own Ability To Legalize Marijuana
• NORML: Idaho Voters Reject Effort (HJR 4) To Ban Future Voter-Initiated Marijuana Legalization Campaigns