Drug amendment comes up short
Apr. 16—A proposed constitutional amendment giving the Idaho Legislature sole authority to legalize marijuana and other illicit drugs narrowly failed on the House floor Thursday.
The 42-28 vote fell short of the two-thirds majority needed for the measure to advance.
The defeat followed an emotional, two-hour debate in which lawmakers alternately expressed a determination to protect Idaho from the permissive drug culture found in neighboring states or a desire to help end the needless pain and suffering of constituents who lack legal access to medical marijuana and CBD oil.
"This proposed constitutional amendment preserves existing Idaho laws that protect our children, our families and our communities from the devastating effects of the drug culture," said Rep. Gayann DeMordaunt, R-Eagle, who co-sponsored House Joint Resolution 4. "We need to buttress our state against Oregon-style, and now Washington-style, drug policies."
The proposed amendment would require a two-thirds vote in the House and Senate to remove any drug from the Schedule I and II lists of controlled substances. Inserting the language in the Idaho Constitution would effectively prevent medical or recreational marijuana supporters from using the citizen initiative process to legalize the drug.
"While there's a place for the people to have a voice, I believe the initiative process is particularly ill-suited for issues that are very complex and that need to be dealt with carefully," said Rep. Julianne Young, R-Blackfoot. "What we've seen in other states that have implemented medical marijuana, they've had significant problems with what they thought was a well-crafted change to drug policy. Policies that need to be very carefully crafted, very narrowly tailored, aren't the kind of policies we want implemented through the initiative process."
Rep. Mike Kingsley, R-Lewiston, led the charge against HRJ 4, specifically because he worried it would end any chance of ever legalizing medical marijuana.
"The people of Idaho overwhelmingly would like medical marijuana," he said. "Idaho is the last state to hold out, to not give people the medicine they need for cancer, for nausea. ... As far as I've been able to determine, nobody every (overdosed) on cannabis. Think about that. How many people have OD'ed on opioids? I've served on two governor task forces. I've seen how devastating those drugs are to people."
Kingsley co-sponsored legislation this session to enact the strictest medical marijuana laws in the nation. Passing that bill first, he said, would eliminate much of the opposition to HJR 4.
"Let's listen to the people," he said. "You want to turn this place (the Legislature) blue? Go against the people. And the people are asking for medical cannabis."
A similar version of the resolution passed the Senate earlier this session without a single vote to spare. Had the Legislature passed HJR 4, it would have gone to voters in the 2022 general election for final approval.
Kingsley and Rep. Priscilla Giddings, R-White Bird, voted against the legislation, along with all 12 House Democrats and most of the far right "liberty legislators." The other four representatives from north central Idaho all supported the measure.
During Thursday's debate, proponents repeatedly referenced Article III, Section 24 of the Idaho Constitution, which says, "the first concern of all good government is the virtue and sobriety of the people, and the purity of the home."
"This is a moral issue," said Rep. Gary Marshall, R-Idaho Falls. "We regulate alcohol and prohibit gambling. Surely, surely we have a right and responsibility to make the legalization of drugs the object of a very deliberative and thoughtful process. I beg you to give this your green light."
Rep. Ben Adams, R-Nampa, noted that he comes from a family of six kids and has two young children of his own.
"And I gotta say, the state has never been the one that defines morality and sobriety in my home," he said. "I appreciate the intent of this resolution. 'The first concern of all good government is the virtue and sobriety of the people.' I agree, but I don't think the state can truly do that. I think it takes eternal vigilance in our homes."
That prompted an emotional rebuttal from Rep. Joe Palmer, R-Meridian, who choked up talking about his son's struggles with addiction.
"I agree with the good gentleman (Rep. Adams), it starts in the home," he said. "I tried to do a good job with my kids. I lost one. He's doing better now, but he's had a rough life. ... Let's help the families. Let's support this and do what little we can. It's going to come, we're going to lose, but let's try now to do our best to at least slow it down and save one, two, some. Don't let other families go through this."
A total of 47 votes are needed to meet the two-thirds threshold required for a proposed constitutional amendment. HJR 4 fell five votes short.
Spence may be contacted at bspence@lmtribune.com or (208) 791-9168.
