Idaho has advanced a proposed measure to decriminalize marijuana by approving its title and summary, clearing the way for signature collection.
The measure, proposed by Kind Idaho, would decriminalize personal use and cultivation of marijuana for adults aged 21 and older if approved by voters in 2026. The secretary of state has authorized the petition for circulation, allowing organizers to begin gathering the 70,725 signatures needed to place it on the ballot. The official “short ballot title” for the proposal calls it a “Measure decriminalizing the possession, production, and cultivation of marijuana and marijuana-infused products for personal use by persons 21 or older.”
The measure would allow for the possession of up to one ounce of marijuana flower or 1,000 milligrams of THC in products like oils, tinctures, and edibles. It also allows home cultivation of up to 12 plants, with adults able to securely store up to eight ounces of marijuana harvested from those plants at home or on private property, provided it remains inaccessible to minors. Consumption in public or open settings would be prohibited.
Signature collection must be completed by April 2026. In addition to meeting the overall threshold, signatures must represent at least 6 percent of registered voters in 18 of Idaho’s 35 legislative districts. Volunteers are already active in several counties, with more assistance needed to meet the requirements.
The ballot title specifies that marijuana possession and cultivation would remain strictly noncommercial. The measure explicitly exempts these activities from penalties under Idaho’s Uniform Controlled Substances Act and Illegal Drug Stamp Tax Act, provided they meet specified conditions. If enacted, Idaho would join other states in significantly reforming its marijuana laws.
The short ballot title is “Measure decriminalizing the possession, production, and cultivation of marijuana and marijuana-infused products for personal use by persons 21 or older.”
The proposal’s full ballot title states:
This measure proposes that the possession of marijuana (or “cannabis”) and marijuana-infused products be decriminalized under certain limitations. To be legally possessed, marijuana and marijuana-infused products must be for personal use — not sale or resale, cannot be consumed in public or open settings, and cannot be possessed by persons under 21 years of age. The marijuana possessed must weigh less than one ounce and the marijuana-infused product possessed must contain less than 1,000 milligrams of THC.
The production and cultivation of marijuana or marijuana-infused products have the same personal use, location, and age restrictions as set forth above. Such substances must also be secured “in the primary residence or on the property thereof” and “from access by members of the household under 21 years of age.” A maximum of 12 marijuana plants or eight ounces of marijuana-infused product can be possessed for production or cultivation. Conduct authorized by the measure is exempt from penalties under Title 37, Chapter 27, ldaho Code (Uniform Controlled Substances), and from taxes and penalties under Title 63, Chapter 42, Idaho Code (Illegal Drug Stamp Tax Act). The measure shall not be construed to allow private or commercial sale or resale of any controlled substance.
