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.
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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…
Did the Idaho AG identify any legal problems in the proposed Idaho Medical Marijuana Act initiative that would have legalized medical cannabis under state law through new Chapter 97 of Title 39?
The AG flagged two vagueness concerns ('an amount that would cause the cardholder to possess more than the allowable amount' and 'unrelated to the medical use of marijuana' for forfeiture purposes) an…
Did the Idaho AG identify legal problems with the July 2019 medical marijuana initiative (proposed Chapter 96 of title 39, Idaho Code)?
Yes. AG Wasden flagged that the proposed chapter number (96) was already taken by a 2019 'Maternal Mortality Review' chapter, identified several drafting and vagueness issues (including a 'must not be…
Did the Idaho AG flag legal problems with the April 2019 medical marijuana plus hemp legalization initiative (proposed Chapter 92 of title 39, Idaho Code)?
Yes, in three big areas. AG Wasden warned that bundling a medical marijuana program with hemp legalization likely violated Idaho's single-subject rule under art. XX, § 2 and would be subject to challe…
What did the Idaho Attorney General's 2016 review of the proposed Idaho Medical Marijuana Act flag as legal problems before the petition could be circulated, even though the AG took no position on the policy?
AG Wasden's 2016 Certificate of Review identified numerous drafting and substantive problems: the proposed chapter would be enacted under an Idaho Code citation already in use; some defined terms were…
What did Idaho's AG say about the 2015 four-part marijuana initiative covering medical use, decriminalization, drug paraphernalia, and industrial hemp?
The AG's biggest concern was the single-subject rule. The petition bundled four distinct policy programs (medical marijuana legalization, possession decriminalization, paraphernalia decriminalization,…
What did Idaho's AG say about the February 2013 medical marijuana ballot initiative?
The AG identified the same federal preemption issues that defeat any state-only medical marijuana program, plus single-subject concerns under Idaho Const. art. III sec. 16 and several drafting fixes t…
What did Idaho's AG flag about the 2012 medical marijuana ballot initiative before it could go on the ballot?
The AG identified federal preemption (Controlled Substances Act, FHA, ADA, and Rehabilitation Act exclusions), a possible single-subject problem under Idaho Const. art. III sec. 16, internal cross-ref…
If Idaho voters had passed the 2010 medical marijuana initiative, would patients still face federal prosecution for possessing marijuana?
The AG flagged a critical limitation: even if Idaho legalized medical marijuana under state law, federal law would continue to apply. Patients would still face federal Controlled Substances Act prosec…
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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.