Idaho votes November 3 on HJR 4, which would leave drug legalization to the Legislature
On November 3, 2026, Idaho voters decide HJR 4, a constitutional amendment that would let the Legislature, and no one else, legalize marijuana, narcotics or other psychoactive substances. The result isn't known yet; this preview sets out what the measure says and how lawmakers voted, and we'll report the outcome.
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What Idaho voters decide on November 3
On Tuesday, November 3, 2026, Idaho's general election ballot carries HJR 4, a proposed amendment to Article III, Section 26 of the Idaho Constitution. The Idaho Legislature says the two amendments it adopted in 2025, HJR 4 and HJR 6 (on an official state language), "will appear on the November 2026 ballot for approval by the citizens of Idaho."3 As of November 2, the result isn't known.
The amendment would add a subsection that takes effect "immediately upon adoption by the voters of Idaho." It says that "only the legislature of the state of Idaho shall have power and authority to legalize" a list of twelve activities, including manufacturing, selling and prescribing and ending with "possessing, or using," that involve "marijuana, narcotics, or other psychoactive substances."1 The question the resolution sets for voters asks whether Section 26 should be amended "to provide that only the Idaho Legislature shall have power and authority" over that same list.1
The text doesn't legalize or ban any substance by itself. Psilocybin isn't named, but it falls within "other psychoactive substances." A summary on the Mind Medicine Law site, last reviewed October 12, 2026 and drawing on Ballotpedia, says the measure "removes marijuana, narcotics and psychoactive substances from Idaho's citizen initiative process."8
How the Legislature voted
HJR 4 came from the House State Affairs Committee and was introduced on February 28, 2025. The House adopted it on March 5, 2025, by 58 to 10, with 2 absent. The Senate adopted it on March 11, 2025, by 29 to 6, with none absent. It was delivered to the Secretary of State on March 14, 2025.2
Under the resolution, the Legislative Council prepares the statements required by Idaho law and the Secretary of State publishes the amendment and the arguments.1 According to the Legislature, only the Council's brief statement of meaning appears on the ballot itself; the arguments for and against go in the Secretary of State's voter publications.3
Why it matters next door
Idaho shares Washington's eastern border, but nothing on Idaho's ballot changes Washington law. Psilocybin and psilocyn stay in Washington's Schedule I,4 and Seattle's 2021 resolution says entheogen activities "should be among The City of Seattle's lowest enforcement priorities" without making them legal.6 The almanac's timeline has the dates, and the visitors' entry covers Washington law for people arriving from other states.
What HJR 4 touches is the route a change can take. Several of the West's drug-law changes came from voters rather than lawmakers. Washington voters approved Initiative 502 on November 6, 2012, legalizing adult cannabis possession while leaving psilocybin in Schedule I.5 Oregon's licensed psilocybin program began as Measure 109, a ballot initiative "supported by 55.75 percent of the voters" on November 3, 2020, and Colorado's Proposition 122 passed with 53.64 percent on November 8, 2022, according to Washington's legislative staff.7
If HJR 4 is adopted, any similar psilocybin change in Idaho would have to come through the Legislature, by the amendment's own terms.1 If it fails, Idaho's constitution stays as it is. The history entry explains how Washington's own debate has moved through councils and the Legislature instead.
Sources
- House Joint Resolution No. 4 (text), Sixty-eighth Legislature, First Regular Session. Idaho Legislature, 2025.
- HJR 4: bill history and votes. Idaho Legislature, 2025.
- 2026 Proposed Constitutional Amendments. Idaho Legislature, Legislative Services Office. Checked November 2, 2026.
- RCW 69.50.204: Schedule I. Washington State Legislature. Checked November 2, 2026.
- RCW 69.50.4013, with history note citing Initiative Measure No. 502, approved November 6, 2012. Washington State Legislature.
- Resolution 32021 (signed). Seattle City Council, adopted October 4, 2021.
- Final Bill Report, 2SSB 5263 (background on Oregon Measure 109 and Colorado Proposition 122). Washington State Senate, 2023.
- Psychedelic ballot measures 2026. Mind Medicine Law, last reviewed October 12, 2026. Secondary summary citing Ballotpedia.
Related entries
Psilocybin in Seattle and Washington: a dated timeline, 1937 to 2026140 dated events from 1937 to 2026: the law, the science, the research and the culture, each with its source.
Visiting Seattle: what the law says about magic mushroomsCannabis yes, psilocybin no: the law at Sea-Tac, on ferries, at the Canadian border, on Alaska cruises and in Oregon.
A history of magic mushrooms in SeattleFrom a 1964 mushroom society and a species named on the UW campus to the city and county votes of 2021 to 2026.
Compiled and checked by the Magic Mushrooms Seattle editors. Every fact on this page is dated and links to its source. Found an error? Tell us and we'll correct it in the open, as our editorial standards describe. Magic Mushrooms Seattle is published by the team that runs My Mushroom Dispensary, an online shop. We sell no advertising and nothing on this site.