Idaho marijuana activists are breathing a sigh of relief after the state Supreme Court on Monday ruled that a law creating a more restrictive petitioning process for ballot initiatives is unconstitutional.<\/p>\n
The governor signed a bill in April that made it so petitioners would\u2019ve had to collect signatures from at least six percent of registered voters in all 35 of Idaho\u2019s legislative districts, rather than 18 districts under previous rules, in order to qualify for the ballot.<\/p>\n
That would\u2019ve significantly strained a campaign to place a cannabis legalization initiative\u2014the Personal Adult Marijuana Decriminalization Act (PAMDA)\u2014before voters in 2022.<\/p>\n
\nIdaho Supreme Court has ruled SB 1110 unconstitutional, restoring the 18-district signature rule and invalidating the July 1 implementation change to allow legislature to repeal passed initiatives. This ruling means we can proceed with our PAMDA “Legalize the Drive” initiative.<\/p>\n
\u2014 Idaho Way (@IdahoWayInc) August 23, 2021<\/a><\/p>\n<\/blockquote>\n\n
A separate medical marijuana legalization measure<\/a> that activists are pushing was unaffected by the policy change because petitioners started collecting signatures earlier and were grandfathered in to the original 18-district requirement.<\/p>\n
In any case, the court unanimously declared that the law, which took effect on July 1, unconstitutionally infringed of residents\u2019 right to petition.<\/p>\n
\nPAMDA (Legalize the Drive) can now qualify with just 18 districts! Huge news! https:\/\/t.co\/rNoUg3f6pE<\/a><\/p>\n
\u2014 ‘Radical’ Russ Belville \u2014 Idaho Cannabis Legalizer (@RadicalRuss) August 23, 2021<\/a><\/p>\n<\/blockquote>\n\n
\u201cWe are excited that the Idaho Supreme Court recognized that SB1110 was an obviously unconstitutional attempt to kill petitioning rights,\u201d Russ Belville, spokesperson for Legalize the Idaho Way, Inc. and chief petitioner of PAMDA, told Marijuana Moment. \u201cWith this ruling, we are now able to move forward with our PAMDA initiative to decriminalize marijuana purchased legally out of state while we continue to support the IMMA medical initiative.\u201d<\/p>\n
The ruling came in a case brought by the group Reclaim Idaho, which is behind a separate proposed initiative on education funding.<\/p>\n
\nThe Idaho Supreme Court has released an opinion in Gilmore v. Denney & Reclaim Idaho v. Denney, on the constitutionality of recent legislation involving the people’s initiative and referendum powers. Read the opinion, concurrence & dissent here: https:\/\/t.co\/1EdFmjvJ7f<\/a> #idpol<\/a><\/p>\n
\u2014 Idaho Supreme Court (@idcourts) August 23, 2021<\/a><\/p>\n<\/blockquote>\n\n
The legalization initiative, which was certified and cleared for signature gathering last month<\/a>, would be fairly limited in scope compared to those that have passed in other states. It would make it so possession of up to three ounces of marijuana would be lawful on private property for adults 21 and older.<\/p>\n
Home cultivation would be prohibited, however, and there would be no legal and licensed system of cannabis retailers. The idea is for consumers to be able to buy cannabis in neighboring states that have legal retail operations and then bring the product back to Idaho to be consumed privately at home.<\/p>\n
Advocates have until May 1, 2022 to collect about 65,000 valid signatures from registered voters to put the measure<\/a>\u00a0on the ballot.<\/p>\n
Belville previously told Marijuana Moment that this proposal was partly motivated by a Nebraska Supreme Court decision last year to\u00a0invalidate a voter-approved initiative to legalize medical cannabis<\/a>\u00a0based on a statutory single-subject rule.<\/p>\n
Activists in Idaho attempted to get a medical marijuana measure before voters for the 2020 election, but they ultimately ditched the effort due to signature gathering complications caused by the coronavirus pandemic and the state\u2019s refusal to provide petitioning accommodations<\/a>.<\/p>\n
Idaho is just one of several states where activists are working to put marijuana measures on the ballot in 2022<\/a>.<\/p>\n
\nTexas Ban On Smokeable Hemp Manufacturing And Sales Is Unconstitutional, Judge Rules<\/a><\/p>\n<\/blockquote>\n\n
Photo elements courtesy of rawpixel<\/a> and Philip Steffan<\/a>.<\/em><\/p>\n
The post Idaho Supreme Court Gives 2022 Marijuana Legalization Initiative A Boost With Ruling On Signature Requirements<\/a> appeared first on Marijuana Moment<\/a>.<\/p>\n
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