Idaho Medical Marijuana Initiative (2020)

Idaho Medical Marijuana Initiative

Election date
November 3, 2020
Topic
Marijuana
Status
Not on the ballot
Type
State statute| Origin
Citizens

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List of Idaho measuresIdaho Constitutional Amendment HJR 4Submit

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The Idaho Medical Marijuana Initiative was not on the ballot in Idaho as an initiated state statute on November 3, 2020.

The measure would have established a medical marijuana program in Idaho.[1]

## Contents

* 1 Text of measure
* 1.1 Short ballot title
* 1.2 Long ballot title
* 1.3 Full text
* 2 Path to the ballot
* 2.1 The state process
* 2.2 Details about this initiative
* 3 See also
* 4 External links
* 5 Footnotes

## Text of measure[edit]

### Short ballot title[edit]

The short ballot title was as follows:[2]

“  | Initiative establishing medical marijuana program for qualifying patients and protect participants from criminal prosecution and civil sanction.[3] | ”

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### Long ballot title[edit]

The long ballot title was as follows:[2]

“  | An initiative relating to medical marijuana; amending Title 39, Idaho Code, by addition of a new Chapter 97, known as the "Idaho Medical Marijuana Act" to protect from arrest, criminal and civil sanction, patients who have chronic diseases or conditions or are terminally ill, and caregivers, growers, and agents of medical marijuana organizations who may possess or cultivate marijuana for medical purposes; establish a registry of qualifying patients, caregivers, growers, and agents who shall be issued registry identification cards; establish production facilities, safety compliance facilities and dispensaries which shall be issued registration certificates; to authorize production of marijuana; establish the maximum amount of marijuana qualifying patients and caregivers per assisted patient may possess is four (4) ounces of usable marijuana and six (6) marijuana plants if issued a registry identification card allowing cultivation; establish reporting rules and penalties; to provide the department shall submit an annual report to the Idaho Legislature; provide information regarding names and other identifying information of persons who have been issued or applied for a registry Identification card, pursuant to Chapter 97, Title 39, Idaho Code is exempt from disclosure.[3] | ”

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### Full text[edit]

The full text of the initiative can be found here.

## Path to the ballot[edit]

See also: Laws governing the initiative process in Idaho

### The state process[edit]

In Idaho, the number of signatures required to qualify an initiated state statute for the ballot is equal to 6 percent of the registered voters as of the state's last general election. Petitions can be circulated for up to 18 months. Idaho features a distribution requirement that signatures equal to at least 6 percent of registered voters in 18 of the state's 35 legislative districts be included in petitions. Signatures for initiatives must be submitted by May 1 of the year in which the measure is to go on the ballot.

The requirements to get an initiated state statute certified for the 2020 ballot:

* Signatures: 55,057 valid signatures were required.
* Deadline: The deadline to submit signatures was May 1, 2020.

Initiative petition signatures are verified by county clerks and then sent to the secretary of state for certification.

### Details about this initiative[edit]

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Sponsors of the measure, Idaho Cannabis Coalition/Legalize Idaho, had planned a tour—called the "Educate and Legalize Idaho" tour— to collect signatures for the measure, but announced that the tour would be postponed due to the coronavirus pandemic.[4]

On April 2, 2020, the Idaho Cannabis Coalition announced it had suspended its in-person signature drive. In an email to supporters, the campaign explained that it would try to collect signatures online. The campaign wrote, "We are now focusing on distributing petitions through online download at IdahoCann.co and encouraging every volunteer who has downloaded a petition to get them turned in to their county clerk’s office by mail, regardless of how many signatures they have collected."[5]

The campaign did not submit signatures by the May 1 deadline.[2]

The campaign submitted a letter to the Idaho Secretary of State requesting that the permission granted to Reclaim Idaho, the campaign sponsoring the Income Tax Increases for Education Funding Initiative, by a federal court to gather signatures electronically be applied to the medical marijuana initiative as well. The federal court also extended the signature deadline to August 17.[6]

The campaign submitted a second letter after receiving no response from the secretary of state. It said that if the campaign does not hear from the secretary by July 16 it will file a lawsuit.[7]

On July 17, the Idaho Deputy Secretary of State Jason Hancock responded to the campaign's letters saying, "Since the Idaho Constitution vests the Idaho Legislature with the authority to establish the laws under which initiatives are qualified for the ballot, your client should request that the Legislature change these laws. ... If it is critical that your client’s initiative be placed on the November 2020 general election ballot, as opposed to the November 2022 general election ballot, they should also request that the Governor call a special session of the Legislature immediately, in order to pass these law changes with an emergency clause, enabling them to be effective for the November 2020 general election." In response to the letter, Russ Belville, campaign spokesperson for the Idaho Cannabis Coalition, said, "We always knew protecting patients in America’s most pot-hating state would require a great deal of effort. Now it appears it will require a lawsuit. We will be coordinating with our donors and legal team this weekend to determine if and how we can make that happen."[8]

## See also[edit]

2020 measures

* 2020 ballot measures
* Marijuana on the ballot
* 2020 legislative sessions

Idaho

* Idaho ballot measures
* Idaho ballot measure laws

News and analysis

* Ballot measure lawsuits
* Ballot measure readability
* Ballot measure polls

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## External links[edit]

* Full text of the measure
* Idaho 2020 proposed ballot initiatives

## Footnotes[edit]

1. ↑ Idaho Secretary of State, "2020 medical marijuana initiative full text and Attorney General Certificate of Review," accessed August 12, 2019
2. ↑ 2.0 2.1 2.2 Idaho Secretary of State, "2020 Proposed Ballot Initiatives," accessed April 24, 2019
3. ↑ 3.0 3.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
4. ↑ Legalize Idaho, "Educate & Legalize Tour," accessed March 20, 2020
5. ↑ Marijuana Moment, "Idaho Activists Suspend Campaign To Legalize Medical Marijuana Due To Coronavirus," April 2, 2020
6. ↑ Marijuana Moment, "Idaho Medical Marijuana Activists Ask State For Electronic Signature Gathering Option Following Court Ruling," July 10, 2020
7. ↑ KPVI, "Idaho group pushing for medical marijuana offers state ultimatum, threatens lawsuit," July 14, 2020
8. ↑ [marijuanamoment.net/top-idaho-official-dismisses-medical-marijuana-campaign-request-for-signature-gathering-relief/ Marijuana Moment, "Top Idaho Official Dismisses Medical Marijuana Campaign Request For Signature Gathering Relief," July 17, 2020]

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