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Drug Policy Watch · State Brief 2026

Idaho

Snapshot (structured)

Adult-use cannabis
Illegal. No legalization. Possession of less than 3 ounces is a misdemeanor carrying a mandatory minimum fine of $300 (HB 7, effective July 1, 2025), the steepest such penalty in the U.S. (Spokesman-Review, NORML)
Medical cannabis
Illegal as of 2026. No state program. A citizen initiative (Idaho Medical Cannabis Act) failed to qualify for the November 2026 ballot; officials announced on July 8, 2026 that it fell short of the 70,725 valid-signature threshold and the district-distribution requirement. (MPP, Ballotpedia)
Home grow
Illegal. Cultivation of any amount is prohibited. (IdahoCannabis.org)
Intoxicating hemp / hemp THC
Effectively banned. Retail hemp products must test at essentially 0.0 percent THC; a November 2025 rule rewrite would cap products at 0.4 mg THC per container starting roughly a year later. Delta-8 and similar are illegal. (cannabisregulations.ai, BoiseDev)
Psychedelics
Illegal. Psilocybin and psilocin are Schedule I under Idaho Code 37-2705; no decriminalization or therapeutic access. (Tripsitter)
Broad decriminalization
None. Idaho is moving the opposite direction (mandatory minimum fines). (NORML)
Harm reduction
Mixed. Fentanyl test strips legalized in 2024; syringe service programs were re-criminalized in 2024 when the legislature repealed the 2019 Safe Syringe and Needle Exchange Act; layperson naloxone distribution is authorized. (NWPB, Network for Public Health Law)
Governor (party)
Brad Little (Republican). (Ballotpedia)
Legislature control
Republican supermajority (House roughly 61-9, Senate roughly 29-6); Republican trifecta. (Ballotpedia)
Citizen ballot initiatives allowed
Yes, currently. But HJR 4 on the November 2026 ballot would strip voters of the power to legalize marijuana, narcotics, or psychoactive substances by initiative. (Ballotpedia)
Enclosure pressure score
5/5

Cannabis

Adult-use cannabis is illegal in Idaho with no legalization on the books or pending in the legislature. Medical cannabis is also illegal; Idaho is one of the few remaining states with no medical program. Home cultivation of any amount is prohibited.

Idaho has tightened rather than loosened cannabis penalties. HB 7 (2025), sponsored by Rep. Bruce Skaug (R-Nampa), took effect July 1, 2025 and imposes a mandatory minimum fine of $300 (up to $1,000, plus up to one year in jail) for simple possession of less than 3 ounces. Reporting describes this as making Idaho the only state with a mandatory minimum penalty for first-time low-level possession. (Spokesman-Review, Idaho Capital Sun)

Because there is no legal market, there is no license structure, no cap regime, no multistate-operator (MSO) presence, no vertical integration framework, and no cannabis-specific taxation. The only potential market path was the citizen initiative (see Ballot initiatives), which proposed a tightly capped medical program but failed to qualify for the 2026 ballot. Key 2026 action centers on that failed initiative and on the legislature's counter-moves (HJR 4 and SCR 127).

Hemp

Idaho operates one of the most restrictive hemp regimes in the country. Idaho Code 22-1703 caps cultivated hemp at 0.3 percent total delta-9 THC (including THCA after decarboxylation), and the Idaho State Department of Agriculture (ISDA) effectively requires manufactured retail hemp products to test at 0.0 percent THC. Delta-8, delta-10, THCA flower, and similar intoxicating hemp products are illegal. (cannabisregulations.ai, thcamap.com)

A rule rewrite passed in November 2025, set to take effect roughly a year later, would ban any hemp product containing more than 0.4 mg of THC per container regardless of product size, an even stricter standard than the current rules. This has created compliance uncertainty for Idaho CBD and hemp retailers. (cannabisregulations.ai, BoiseDev)

On the federal side, Congress narrowed the definition of "hemp" in late 2025 to exclude most intoxicating hemp derivatives, with the change generally described as effective around November 12, 2026. Because Idaho already bans intoxicating hemp far more aggressively than federal law, the federal change largely aligns with, rather than disrupts, Idaho's existing posture; Idaho retailers face the state 0.4 mg cap as the binding constraint. (Regulatory Oversight, Wilson Elser)

Psychedelics

Psychedelics are illegal in Idaho. Psilocybin and psilocin are Schedule I under Idaho Code 37-2705, and possession, cultivation, and distribution carry felony exposure. There is no decriminalization and no therapeutic-access program, and no reform legislation has advanced through the legislature. (Tripsitter)

No standalone psychedelics bill is confirmed as active in the 2026 session. The most consequential 2026 psychedelics-relevant item is HJR 4, the proposed constitutional amendment on the November 2026 ballot, which would bar citizen initiatives on "marijuana, narcotics, or other psychoactive substances," a category broad enough to foreclose any future voter-driven psilocybin or psychedelics reform. (Ballotpedia)

Broader drug policy

Decriminalization: Idaho has not decriminalized any drug. It has moved in the opposite direction with mandatory minimum cannabis fines (HB 7, 2025). (NORML)

Harm reduction is split. Fentanyl test strips were legalized in 2024 (effective July 1, 2024), removing them from the paraphernalia definition. In the same 2024 session, however, the legislature repealed the 2019 Safe Syringe and Needle Exchange Act, making syringe service programs illegal again; reporting documents enforcement actions and a state probe into improperly reimbursed harm reduction supplies. Naloxone access law (originally 2015, amended 2019 and 2021, expanded in 2024) authorizes laypersons to distribute, dispense, and administer naloxone in good faith. Drug checking beyond fentanyl test strips is not broadly authorized. (NWPB fentanyl/syringe, Spokesman-Review syringe probe, Network for Public Health Law naloxone)

Sentencing and expungement: No cannabis-specific expungement or automatic record sealing regime is confirmed. Idaho's general record-sealing options are limited. (Unconfirmed for any 2026 cannabis-specific expungement bill; see live trackers.)

Overdose and treatment policy: Naloxone distribution is the principal sanctioned overdose-prevention tool; the loss of legal syringe services in 2024 narrowed the harm-reduction toolkit. (NWPB)

Political landscape

Governor: Brad Little (Republican), seeking a third term in 2026; he won the Republican gubernatorial primary in May 2026. (Idaho Capital Sun)

Party control: Republican supermajority in both chambers (House roughly 61-9, Senate roughly 29-6), a Republican trifecta and one of the GOP veto-proof supermajorities nationally. (Ballotpedia)

Key committees: Cannabis and drug-policy measures typically route through the House and Senate judiciary and state-affairs committees; specific 2026 committee assignments unconfirmed.

Named opponents / prohibition champions: Rep. Bruce Skaug (R-Nampa) is the clearest named opponent of reform, sponsoring both HB 7 (mandatory minimum fines) and HJR 4 (the anti-initiative amendment). The Senate Republican Caucus publicly backed HJR 4 to "protect the state from drug legalization efforts." (Idaho Senate GOP Caucus, Cannabis Business Times)

Named reform champions: The leading reform vehicle is outside the legislature, the Natural Medicine Alliance of Idaho, which is running the medical cannabis initiative. Individual legislator champions in 2026 are unconfirmed; reform votes against HJR 4 came from the small Democratic minority. (Idaho Capital Sun)

Ballot initiatives

Idaho currently allows citizen-initiated statutes (initiatives) and referenda; it does not allow citizen-initiated constitutional amendments. (VoteIdaho.gov)

Pending 2026 measures: - Idaho Medical Cannabis Act (citizen initiative): FAILED to qualify. The Natural Medicine Alliance of Idaho submitted more than 150,000 raw signatures by the May 1, 2026 deadline, but on verification the measure fell short of the 70,725 valid signatures required and of the distribution requirement of at least 6 percent of registered voters in 18 legislative districts; a judge also ruled that some county signatures were submitted too late. Officials announced on July 8, 2026 that the initiative did not qualify, so it is off the November 3, 2026 ballot. The proposal would have let patients with a qualifying "substantial health condition" register with the Board of Pharmacy and buy from licensed businesses. (Marijuana Moment, July 14, 2026, corroborated by KIVI/Idaho News; Ballotpedia) - Idaho Marijuana Legalization Initiative (adult-use, citizen initiative): A separate proposed initiative to legalize use, possession, and cultivation for those 21+ has been reported as proposed; its signature/qualification status is weaker than the medical measure and unconfirmed for the ballot. (Ballotpedia) - HJR 4 (legislatively referred constitutional amendment): On the November 3, 2026 ballot. If voters approve, it would amend the constitution so that only the legislature can legalize marijuana, narcotics, or psychoactive substances, eliminating the initiative route for future drug reform. With the medical initiative off the 2026 ballot, HJR 4 is the live drug-policy measure this cycle, and it remains the existential threat to any future voter-driven reform. (Ballotpedia)

Equity and expungement

There are no social-equity licensing provisions in Idaho because there is no legal cannabis market. The medical initiative, which failed to qualify for the 2026 ballot, was a tightly capped, vertically integrated, pharmacist-overseen model (no more than three licensees initially), which by design would have concentrated rather than broadened market access; it contained no identified social-equity carve-out. (MPP)

No automatic or petition-based cannabis expungement or record-sealing program is confirmed. Given HB 7's mandatory fines, people with low-level possession convictions face penalties rather than relief. (Any 2026 expungement bill is unconfirmed; see live trackers.)

Market and barriers

There is currently no legal cannabis or intoxicating-hemp market, so there are no cannabis license fees, caps, residency requirements, or licensee counts to report. Hard numbers exist only for penalties and for the initiative that failed to qualify for the 2026 ballot: - Possession penalty: mandatory minimum $300 fine (up to $1,000), up to one year jail, for less than 3 ounces (HB 7). (Spokesman-Review) - Hemp retail standard: effectively 0.0 percent THC now; proposed 0.4 mg THC per container cap from the November 2025 rule rewrite. (cannabisregulations.ai) - Proposed medical market (as the initiative was written; it failed to qualify for the 2026 ballot): no more than three vertically integrated licensees initially, each limited to two cultivation/production facilities and no more than six dispensaries; sales subject to Idaho sales tax; state revenue estimate of roughly $600,000 to $8 million in the first full year plus patient card and license fees. Specific license fee dollar amounts and capital/residency requirements are unconfirmed. (MPP, The Marijuana Herald)

Enclosure read

Idaho is among the most heavily fenced states in the country. The state criminalizes all cannabis, all psychedelics, and effectively all intoxicating hemp; it has raised, not lowered, possession penalties; and it has dismantled legal syringe services. The most striking enclosure move is structural: HJR 4 would constitutionally remove drug policy from the citizen-initiative process entirely, fencing out the voters themselves so that only the supermajority legislature can ever change these laws. Even the one reform that had been on the horizon, the medical initiative, was itself a narrow enclosure, and it failed to qualify for the 2026 ballot after falling short of the valid-signature and district-distribution thresholds; had it passed it would have vested an entire patient market in as few as three vertically integrated, pharmacist-controlled operators. Patients, small operators, hemp retailers, and harm-reduction providers are all fenced out; with the initiative off the ballot, even the prospective three-license opening is gone for 2026. This justifies a score of 5/5: prohibition is near-total, penalties are intensifying, and the state is actively trying to lock the gate against future democratic reform.

Enclosure pressure score: 5/5

What to watch next

  • July 8, 2026: officials announced the Idaho Medical Cannabis Act failed to qualify, falling short of the 70,725 valid-signature threshold and the 6-percent-in-18-districts distribution requirement (a judge also ruled some county signatures were submitted too late), so the measure is off the 2026 ballot. (Marijuana Moment, July 14, 2026)
  • November 3, 2026 general election: HJR 4 (anti-initiative amendment) is the live drug-policy measure on the ballot; the Idaho Medical Cannabis Act did not qualify and is off the 2026 ballot; Brad Little on the gubernatorial ballot.
  • Late 2026: hemp rule rewrite (0.4 mg THC per container cap) expected to take effect roughly a year after its November 2025 adoption; verify the exact effective date with ISDA.
  • Federal hemp definition narrowing, generally cited as effective around November 12, 2026 (largely redundant with Idaho's stricter regime).
  • Next legislative session: the Idaho Legislature convenes in early January 2027 (regular sessions begin the second Monday of January); the medical initiative did not qualify for 2026, so any renewed effort would have to start over; watch for follow-on bills either way.

Regulators

  • Cannabis: No regulator (no legal market). The medical initiative, which failed to qualify for the 2026 ballot, would have assigned oversight to the Idaho Board of Pharmacy.
  • Hemp: Idaho State Department of Agriculture (ISDA) for cultivation and manufactured-product standards. (cannabisregulations.ai)
  • Controlled substances / scheduling: Idaho Board of Pharmacy and Idaho Code Title 37 Chapter 27 (Uniform Controlled Substances Act).
  • Elections / initiatives: Idaho Secretary of State. (VoteIdaho.gov)
  • Public health / harm reduction: Idaho Department of Health and Welfare (naloxone, overdose programs).

Federal exposure (2026)

Idaho is a prohibition state with no legal cannabis of any kind, so the 2026 federal moves that matter most to legal-market states largely pass it by, while the federal moves that tighten prohibition reinforce what Idaho already does.

Rescheduling and 280E: By default, cannabis remains Schedule I federally. The DOJ/DEA order signed April 22, 2026 and effective April 28, 2026 (91 FR 22714) moved only FDA-approved cannabis drugs and state-licensed medical cannabis to Schedule III; recreational cannabis stays Schedule I. That order ended the Section 280E tax penalty only for the medical category it covers. In Idaho this relief is moot. There is no state-licensed medical cannabis program (the medical initiative is only pending), so there are no Idaho operators who could claim the Schedule III medical carve-out and no Idaho businesses paying 280E to be relieved of. The federal medical carve-out does nothing for a prohibition state: it rewards states that already built licensed medical markets and leaves Idaho exactly where it was. Schedule III does not legalize anything, does not authorize interstate commerce, and does not reach state businesses, so even if Idaho's medical initiative passes in November 2026, the new licensees would not automatically inherit Schedule III treatment; that turns on whether they are "state-licensed medical cannabis" under the federal order, a question that would not even arise until a program exists and is operating. The broader DEA rescheduling hearing that opened June 29, 2026 (and may slip to 2027) does not change this; full rescheduling, if it ever happens, still would not legalize cannabis in a state that prohibits it. (Regulatory Oversight)

The November 12, 2026 hemp cliff: The FY2026 agriculture appropriations law (Sec. 781, Rep. Andy Harris R-MD) narrowed the federal definition of hemp to a total-THC standard of roughly 0.4 mg THC per container, recriminalizing an estimated 90 to 95 percent of intoxicating hemp products effective November 12, 2026; the delay bill H.R.7010 was not enacted, and the 2026 Farm Bill (H.R.7567) keeps the ban. (Wilson Elser) For Idaho the practical effect is reinforcement of an already-closed market. Idaho already requires retail hemp products to test at essentially 0.0 percent THC and bans delta-8, delta-10, THCA flower, and similar derivatives, and its November 2025 rule rewrite layers on a state 0.4 mg THC per container cap. So the federal ban does not open or close anything new in Idaho; it removes the last theoretical argument that intoxicating hemp could ride into the state under the 2018 Farm Bill's loophole, and it aligns federal law with Idaho's already-stricter posture. The binding constraint for Idaho retailers remains the state standard, not the federal one, but the federal change ends any cross-border or e-commerce gray market that Idaho consumers might have reached. Note the timing overlap: the federal cliff (November 12, 2026) and Idaho's own rule rewrite (expected to take effect roughly a year after its November 2025 adoption; verify the exact date with ISDA) land in the same window, so Idaho hemp retailers face simultaneous state and federal tightening.

Banking: SAFER Banking remains stalled in Congress. This is not applicable to Idaho in any operational sense, because there is no legal cannabis market and therefore no licensed cannabis businesses that need depository services, payment processing, or lending. Banking access becomes relevant only if the medical initiative passes and a small set of licensees begins operating; even then, with SAFER stalled, those operators would face the same cash-heavy, federally-disfavored banking environment that legal-market states already navigate. For now the point is simply that there is no Idaho market for banking reform to serve.

Psychedelics: Idaho authorizes no psychedelic access of any kind. Psilocybin and psilocin are Schedule I under Idaho Code 37-2705, and federally psilocybin, MDMA, and ibogaine all remain Schedule I as well. The April 18, 2026 executive order, Accelerating Medical Treatments for Serious Mental Illness [https://www.whitehouse.gov/presidential-actions/2026/04/accelerating-medical-treatments-for-serious-mental-illness/] plus FDA priority vouchers fast-track FDA review of psychedelic therapies, but there is no FDA approval yet, and conditional federal rescheduling triggers only on FDA approval. The only plausible route to legal psychedelics in Idaho is therefore the federal one: an FDA approval that forces a conditional reschedule, which would then create a medical-channel product Idaho could not easily exclude. There is no state-level reform path, and HJR 4 (see below) would foreclose the citizen-initiative route to any future state psychedelics program. (Tripsitter)

Harm reduction: The federal posture matters less in Idaho than in most states because Idaho has already narrowed its own harm-reduction toolkit, but it still bites at the margin. The SAMHSA guidance of April 24, 2026 bars federal funds for fentanyl test strips, clean syringes, and sterile water, while continuing to support naloxone. Idaho repealed its 2019 Safe Syringe and Needle Exchange Act in 2024, so legal syringe service programs do not exist for the federal syringe-funding cut to threaten; that fence was already built at the state level. Fentanyl test strips are legal in Idaho (2024), but the SAMHSA change means any test-strip distribution must now run on non-federal money, which narrows what cash-strapped local programs can sustain. Naloxone, the one tool Idaho clearly sanctions and the one tool federal funds still support, is the only place where state and federal harm-reduction policy point the same direction. (NWPB, Network for Public Health Law)

Fentanyl: The HALT Fentanyl Act (July 17, 2025) permanently placed fentanyl-related substances in Schedule I federally. This aligns with and hardens Idaho's existing enforcement-first posture; it adds federal weight to the punitive direction Idaho has chosen on its own.

Patient access and rights

This section covers what Idaho law does and does not protect for a medical cannabis patient: use inside a hospital, and the broader rights that follow a patient into work, housing, parenting, an organ transplant list, and school. It is information, not legal advice, and it reflects the law as of July 2026.

Idaho has no medical cannabis program of any kind. It remains one of the few states with full prohibition: there is no comprehensive program, and not even a limited CBD or low-THC allowance for patients to enroll in. A 2026 citizen initiative to create a medical program failed to qualify for the ballot.

Hospital access (Ryan's Law): Idaho has no hospital-access law. No statute requires a hospital or similar facility to let a patient use medical cannabis on site, so the decision is left to each facility's own policy. Seven states have now enacted a Ryan's Law protection (California in 2021, and Colorado, Delaware, Louisiana, Oregon, Virginia, and Washington in 2026), with Pennsylvania's bill pending; Idaho is not among them.

Broader protections: here the absence is the finding. A review of Idaho law found no statutory protection for a medical cannabis patient in any of the areas other states cover: not employment, not housing, not a custody or visitation dispute, not placement on an organ transplant list, and not school enrollment, and there is no general medical-care protection. Because Idaho has no program at all, a person using cannabis for a medical reason is acting entirely outside state law, with no protection of any kind.

Out-of-state patients: Idaho has no program and does not recognize other states' medical cannabis cards.

The federal picture: the April 2026 federal move of state-licensed medical cannabis to Schedule III did not change any of this. Schedule III does not make dispensary cannabis a lawful prescription medicine, and it creates no hospital-use right and no employment, housing, custody, transplant, or school protection; only state law can create those, and Idaho has not.

What to watch: a proposed constitutional amendment, House Joint Resolution 4, on Idaho's November 2026 ballot would bar future citizen initiatives to legalize cannabis in any form.

Sources: Idaho has no medical cannabis statute; on the pending measure, House Joint Resolution 4.

Analysis: the enclosure read in depth

Who is fenced out in Idaho: Here the fence is prohibition itself. Unlike legal-market states where enclosure operates through license caps, residency rules, and capital barriers that concentrate a permitted market in a few hands, Idaho has no permitted market to concentrate. Everyone is fenced out: patients who would qualify in any of the 40-plus medical states, would-be small cultivators and retailers, hemp businesses squeezed to a near-zero-THC standard, harm-reduction providers who lost legal syringe services, and consumers who face the steepest mandatory-minimum possession fine in the country (HB 7's $300 floor). The most distinctive enclosure move is one level up from the market: the state is fencing off the democratic process that could open the market. HJR 4, on the November 3, 2026 ballot, would amend the Idaho constitution so that only the legislature, currently a Republican veto-proof supermajority, could ever legalize marijuana, narcotics, or psychoactive substances, eliminating the citizen-initiative route. SCR 127 (2026) is the companion move, a resolution urging voters to reject the medical initiative. The 2026 dynamic captures this precisely: a citizen-driven Idaho Medical Cannabis Act tried to pry the gate open but fell short of the ballot after failing to qualify, while the legislatively-referred HJR 4 remains on the ballot trying to weld it shut for good. This is enclosure of the initiative process itself, the rarest and most durable form, because it removes not just the current market but the tool voters would use to create one.

The state-plus-federal interaction: In Idaho, state and federal prohibition are mutually reinforcing rather than in tension. Federal Schedule I status for cannabis backstops Idaho's total ban; the November 12, 2026 federal hemp cliff aligns with and reinforces Idaho's already-stricter hemp regime; the HALT Fentanyl Act hardens Idaho's punitive posture; and the SAMHSA harm-reduction funding cuts compound a state that has already repealed syringe services. The federal 2026 medicalize-and-control posture, which in legal-market states fences out small and informal actors while favoring large incumbents through the medical carve-out and 280E relief, has almost no purchase in Idaho because there are no incumbents to favor and no market to enclose. Idaho is the limiting case of the federal enclosure read: when a state forecloses the market entirely, the federal carve-outs that reward licensed incumbents simply have nothing to grip, and the only federal lever that could ever open a door is an FDA approval (for a cannabis drug or a psychedelic) that creates a medical-channel product the state cannot easily exclude.

What to watch: First, the July 8, 2026 announcement that the medical initiative failed to qualify, falling short of the 70,725 valid-signature threshold and the district-distribution requirement, which removes the one 2026 path to a state market. Second, the November 3, 2026 vote on HJR 4, now the live drug-policy measure on the ballot: if it passes, it would constitutionally entrench the legislature's exclusive authority over drug policy and foreclose the citizen-initiative route for any future reform. Third, the federal FDA track for psychedelics and FDA-approved cannabis drugs, the only realistic external force that could compel any opening. Fourth, the 2027 legislative session, where a supermajority hostile to reform would control any path forward.

The contested commons counter-move: The citizen initiative was the counter-move to enclosure, and in Idaho it was run at scale. The Natural Medicine Alliance of Idaho submitted more than 150,000 raw signatures, an unusually strong showing in a deep-prohibition state and a demonstration that the commons is contested rather than conceded. On verification, however, the measure fell short of the 70,725 valid signatures required and of the requirement to hit 6 percent of registered voters in 18 legislative districts, with a judge also ruling some county signatures were submitted too late, and officials announced on July 8, 2026 that it failed to qualify. The initiative was itself a narrow, capped, pharmacist-overseen model (as few as three vertically integrated licensees), so even the counter-move carried its own smaller enclosure inside it, but as a political matter it was the 2026 attempt to reopen what the state has closed, and it fell short of the ballot. HJR 4 is best understood as the enclosing response to exactly this counter-move: the legislature watched a citizen initiative gather more than 150,000 signatures and moved to remove the tool itself.

Justifying the enclosure score: The score is 5/5, and the federal dynamics confirm rather than soften it. On the state side, Idaho bans all cannabis, all psychedelics, and effectively all intoxicating hemp; it has raised possession penalties to a national-high mandatory minimum; it has repealed legal syringe services; and it is actively trying to constitutionally lock voters out of drug policy through HJR 4. On the federal side, every 2026 lever points the same direction for Idaho: Schedule III medical relief is moot here, the hemp cliff reinforces an already-closed market, banking reform has no market to serve, the harm-reduction funding cuts compound state repeal, and the HALT Fentanyl Act hardens the punitive posture. There is no federal lever in 2026 that loosens Idaho's enclosure; the only conceivable future opening (an FDA approval forcing a conditional reschedule) does not yet exist. A state that prohibits comprehensively, intensifies penalties, and moves to fence off the reform process itself, with federal law reinforcing every piece of that, is the clearest 5/5 case in the set.

Active legislation (2026)

This list is not exhaustive. For the full set of bills and live status, see the Idaho Legislature, LegiScan Idaho. Note: HB 7 and HJR 4 are 2025-session measures whose effects land in 2025-2026; HJR 4 appears on the 2026 ballot.

Beyond the live tracker

These measures are not in the live bill list below: some are not bills (executive orders, rules, referendums, or budgets), and some are proposals or prior-session measures the live tracker does not currently carry.

  • HB 126 (2025) Hemp framework / zero-THC retail standard (referenced in 2026 THCA legality analyses) (Enacted (per analyses); details unconfirmed)
Bill Title/Topic Chamber Status Sponsor(s)
HJR 4 (2025) Constitutional amendment granting the legislature exclusive authority over, and barring citizen initiatives on, marijuana, narcotics, and psychoactive substances House (origin); both chambers Passed House 58-10 (Mar 5, 2025) and Senate 29-6 (Mar 11, 2025); referred to voters on the Nov 3, 2026 ballot Rep. Bruce Skaug (R-Nampa) (Ballotpedia)
SCR 127 (2026) Concurrent resolution stating legislative findings and urging citizens to reject the Idaho Medical Cannabis Act Senate Passed; urges rejection of the initiative Sponsor unconfirmed (SCR127 PDF, Cannabis Business Times)
HB 7 (2025) Mandatory minimum $300 fine for possession of less than 3 ounces of marijuana House (origin); both chambers Signed by Gov. Little; effective July 1, 2025 Rep. Bruce Skaug (R-Nampa) (Idaho Capital Sun)
HB 126 (2025) Hemp framework / zero-THC retail standard (referenced in 2026 THCA legality analyses) House Enacted (per analyses); details unconfirmed Sponsor unconfirmed (cannabisregulations.ai)
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A planning snapshot for 2026, not legal advice. Policy moves quickly; confirm any single detail against the cited sources before acting on it. Sponsor names are given where confirmable and marked unconfirmed otherwise.

About the author. Jessica Mantonya is the founder of Drug Policy Watch and Hold in Common. She also advises operators, advocates, and funders on regulatory strategy and anti-enclosure positioning. Work with her →

Sources