SJR 101 Is an Anti-Voting Rights Bill Disguised as an Anti-Cannabis Bill

SJR 101 is a proposed constitutional amendment sponsored by Sen. C. Scott Grow (R- Eagle)that would cement our existing prohibitions on controlled substances in our state constitution. But why would we need to make something illegal in the constitution that is already illegal in statute? While the language of the bill focuses on controlled substances, what is perhaps more important are the implications of the bill not found in its words. As it relates to controlled substances, this is a bill that would restrict voting rights, bind future legislatures, and cede our state’s sovereignty to federal agencies.

What does SJR 101 do?

SJR 101 puts heightened restrictions on controlled substances like cannabis in the Idaho Constitution.

But isn’t cannabis already illegal?

Yes, it is illegal in both state and federal statute.

Then what is the purpose of SJR 101?

Its purpose is to make it impossible for:

• Idaho voters to legalize cannabis for any purpose via ballot initiative
• the Idaho Legislature to legalize cannabis for any purpose without permission from the federal government
• Idaho to ever legalize cannabis for recreational purposes

How does this bill target ballot initiatives?

This bill is a proposed constitutional amendment. Idaho voters only have the power to propose or amend statutes. A future ballot initiative brought by voters could not repeal SJR 101.

Why does this bill target ballot initiatives?

Cannabis legalization across the country has occurred almost exclusively via ballot initiative as voters are traditionally more open to its expanded use than their legislatures. By foreclosing Idahoans’ ability to address cannabis via ballot initiative, the chances of legalization for any purpose in the foreseeable future are slim.

How does this bill cede state sovereignty?

States have the authority to regulate controlled substances. And traditionally the federal government has relaxed their enforcement of federal law when a state legalizes a controlled substance like cannabis. This proposal would give away Idaho’s authority to independently regulate controlled substances and would put us at the mercy and whims of the federal government.

What does SJR 101 have to do to pass?

It will require ⅔’s support in each chamber in the legislature, and a simple majority from Idaho voters at the next general election.

Is SJR 101 really a big deal since we’ll get to vote on it?

If it passes the legislature, SJR 101 will be presented to voters as a proposed constitutional amendment on their ballot at the next general election. It will reference controlled substances, but it will not be clear to voters that they are permanently depriving themselves of their right to vote on cannabis legalization, or eliminating legislature’s ability to regulate cannabis without federal approval.

Voters would be led to believe that they are voting on drugs, when they are really voting on Idaho’s sovereignty and their own voting rights. So even if voters do get a say, such a hot button issue like drugs will likely overshadow important conversations central to this constitutional amendment.

Will SJR 101 pass?

⅔’s support in each chamber of the legislature is a steep hill to climb, but the bill has a lot of political momentum in the Idaho Senate. Call your Senator or Representative today and tell them you oppose SJR 101.