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Idaho Attorney General Opinions

Free plain-English summaries of attorney general opinions issued in Idaho, with full citations and the original source on every page.

276 opinions
11 opinions Ballot Initiative Drafting

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What problems did the Idaho AG flag with the proposed Idaho Medical Cannabis Act ballot initiative?

Many. The Certificate of Review identified single-subject-rule problems with stuffing wholesale schedule reclassification of all marijuana into a 'medical cannabis' initiative, vagueness in 'related a…

September 30, 2025

What problems did the Idaho AG flag with the revised grocery sales tax exemption ballot initiative?

Two main concerns. The Certificate of Review found the revised initiative (1) likely violates the single-subject rule of Idaho Const. art. III § 16 and Idaho Code § 34-1802A by including a wholesale r…

June 17, 2025

What problems did the Idaho AG flag with the proposed grocery sales tax exemption ballot initiative?

Two main concerns. The Certificate of Review found the initiative (1) failed to define 'food sold for human consumption,' which matters because Idaho courts strictly construe tax exemptions against th…

April 15, 2025

What problems did the Idaho AG flag with the re-submitted reproductive-freedom-until-fetal-viability ballot initiative?

Similar concerns to the September 2024 version, plus a new one. The Certificate of Review found (1) the new 'right to privacy in making personal decisions' subsection is vague and could conflict with …

December 20, 2024

What problems did the Idaho AG flag with the proposed Idaho marijuana decriminalization ballot initiative?

Eight, broadly: the title used 'cannabis' but the body used 'marijuana'; 'home cultivation' appeared in the title but not the body; 'limited personal production' implied a quantity cap that the body n…

October 18, 2024

What problems did the Idaho AG flag with the proposed 'Right to Abortion Under Certain Circumstances' ballot initiative?

Five. The Certificate of Review found that the initiative (1) was silent on how it interacts with existing Idaho abortion law, (2) tried to bind future legislatures by ordinary statute (Planned Parent…

October 18, 2024

What problems did the Idaho AG flag with the proposed reproductive-freedom-until-24-weeks ballot initiative?

Four. The Certificate of Review found the initiative (1) talked about 'privacy' without privacy content, (2) tried to bind future legislatures by ordinary statute (Planned Parenthood / Gallet), (3) di…

October 18, 2024

What problems did the Idaho AG flag with the proposed reproductive-freedom-until-20-weeks ballot initiative?

Four. The Certificate of Review found the initiative (1) talked about 'privacy' without actually defining or restricting decisions about privacy, (2) tried to bind future legislatures by ordinary stat…

October 18, 2024

What problems did the Idaho AG flag with the proposed reproductive-freedom-until-fetal-viability ballot initiative?

Five. The Certificate of Review found the initiative (1) talked about 'privacy' without privacy content, (2) tried to bind future legislatures by ordinary statute (Planned Parenthood / Gallet), (3) di…

October 18, 2024

What problems did the Idaho AG flag with the proposed open primary and ranked choice voting initiative?

Many. The Cert flagged: a single-subject rule violation (open primary plus ranked choice voting are two distinct subjects under § 34-1801A); attempted self-titling that the AG must do; multiple intern…

June 7, 2023

What problems did the Idaho AG flag with the proposed Idaho Medical Marijuana Act ballot initiative in 2022?

Mostly drafting-mechanical issues plus the federal-law overlay. The Cert flagged vague provisions in §§ 39-9712(2) and 39-9721(9), a fatal chapter-numbering conflict (chapters 97-99 already used by ot…

September 19, 2022

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Attorney general opinions in Idaho are written by the Idaho Attorney General's office in response to questions from state agencies, legislators, and prosecutors. They are not binding like court decisions, but courts and agencies treat them as persuasive guidance on how state law applies. Every opinion above has a plain-English question and short answer, plus a link to the full original text.

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