Idaho Legislators Advocating for Legalization of Medicinal Marijuana
Potential Legalization of Medical Cannabis in Idaho
Just a few days after the Idaho Senate's decision to revoke citizens' power to legalize cannabis for recreational purposes, a new bill has emerged, aiming to legalize medical cannabis in the state. This bill, known as the Sgt. Kitzhaber Medical Cannabis Act, is backed by State Rep. Jordan Redman (R-Coeur d'Alene) and Rep. Ilana Rubel (D-Boise).
Idaho, with its stringent cannabis laws, is currently the only state without any form of cannabis legislation, be it recreational or medical. This bill could potentially change this status quo, allowing citizens to use cannabis for therapeutic purposes.
Breaking Down the Medical Cannabis Legalization Bill
The bill targets rescheduling cannabis from Schedule 1 to Schedule 2 controlled substances in the Idaho code. It primarily focuses on legalizing the use of medical cannabis for patients suffering from various illnesses such as cancer, epilepsy, chronic pain, PTSD, and more.
Adults aged 21 and above, with a certified practitioner's endorsement, can acquire a medical cannabis card, valid for a year. The licensed practitioners are certified to prescribe Schedule 2 drugs.
To ensure effective regulation, the bill proposes an electronic verification system managed by the Idaho State Board of Pharmacy. This system will issue and monitor medical cannabis cards, as well as patient and caregiver cards.
Other provisions include practitioner education, prescribing practices, and protection against employment and medical treatment discrimination for medical cannabis patients. Medical cannabis is not required to be covered by insurers.
A Controversial Move Amidst Ongoing Debate
Elsewhere, the bill's introduction follows the Idaho Senate's approval of HJR4, a resolution that aims to prevent voters from legalizing cannabis through statewide ballot initiatives. The measure will be voted on in the 2026 election and asks voters if they consent to the state constitution change that would limit the power to legalize cannabis and other drugs to the legislature alone.
Proponents of this move argue it safeguards Idaho's values, while critics view it as a threat to democracy. NORML's Deputy Director, Paul Armentano, shared his concerns, stating, "Whether or not one personally supports or opposes cannabis legalization, these overtly undemocratic tactics ought to be a cause of deep concern."
Last year, Idaho activists with Kind Idaho also filed a ballot measure for the 2026 election, proposing to decriminalize cannabis for personal use in adults aged 21 and over. If approved, this measure would permit individuals to possess, produce, and cultivate cannabis for personal use, but not for sale or public consumption.
Despite the strict cannabis laws in Idaho, where even small amounts of possession are punishable as a misdemeanor, public sentiment has been trending favorably towards medical cannabis. A 2022 survey showed that nearly 70% of Idahoans support legalizing medical cannabis.
Previous attempts to legalize medical cannabis through ballot initiatives have failed, and in 2021, the legislature even tried to ban future efforts to legalize it through a constitutional amendment, which also failed. However, minor changes have been made, such as the descheduling of the prescription medication Epidiolex in 2021 and the legalization of hemp cultivation and transport with up to 0.3% THC.
Enrichment:The Sgt. Kitzhaber Medical Cannabis Act covers 16 qualifying medical conditions, including AIDS/HIV, Alzheimer's disease, Autism, Cancer, Chronic pain, Epilepsy, Multiple sclerosis, Post-traumatic stress disorder (PTSD), and other debilitating medical conditions determined by a practitioner. Qualified patients aged 21 and older can possess up to 60 grams of cannabis flower capped at 22% THC or 4,000 milligrams of THC for processed products. Terminally ill, hospice, or cancer patients can possess up to 20,000 milligrams of THC. The bill does not permit growing, selling, or producing cannabis within Idaho and requires the Idaho Board of Pharmacy to establish rules for importing cannabis and cannabis products into the state. THC and its synthetic equivalents would be rescheduled from Schedule I to Schedule II under Idaho law. Public use of medical cannabis is prohibited, and home cultivation is not allowed. Medical cannabis is not required to be covered by insurers.
[1] https://legislature.idaho.gov/wp-content/uploads/sites/3/2023/02/H300.pdf[2] https://www.americanmarijuana.org/states/medical-marijuana-laws-idaho/[3] https://www.idahonafp.org/posts/news/idahoans-strongly-support-medical-marijuana-according-to-new-poll[4] https://www.washington post.com/politics/2022/11/15/idaho-cannabishemp-legalization-ballot-questions-arizona-georgia-oklahoma-oregon/[5] https://qz.com/2112577/heres-why-mexico-legalized-marijuana/
- The Sgt. Kitzhaber Medical Cannabis Act, proposed in Idaho, seeks to legalize medical cannabis usage for adults aged 21 and above, with a valid prescription from a certified practitioner. This act is aimed at rescheduling cannabis from Schedule 1 to Schedule 2 controlled substances in the Idaho code.
- If passed, the bill could potentially allow Idaho citizens, who currently have no form of cannabis legislation to utilize cannabis for therapeutic purposes, given they meet the qualifying conditions stipulated in the Sgt. Kitzhaber Medical Cannabis Act.
- The bill has garnered significant attention, with many retweeting discussions about the potential legalization of medical cannabis in Idaho (2f7a804e673bfbf58e62fbc0c0668821). However, the bill's introduction follows the Idaho Senate's decision to prevent citizens from legalizing cannabis through statewide ballot initiatives, demonstrating an ongoing debate about cannabis legalization in the state.
