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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
15 opinions Single Subject Rule

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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 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 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

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…

November 14, 2019

Did the Idaho AG flag legal problems with the Reclaim Idaho 'Quality Education Act' initiative that would have raised income taxes on high earners and corporations to fund K-12 schools?

Yes. AG Wasden's Certificate of Review identified a single-subject-rule risk (combining a tax-rate increase with a new education fund), drafting deviations from existing tax-bracket structure (a missi…

September 24, 2019

What problems did the Idaho Attorney General flag in June 2015 about the League of Women Voters' proposed initiative to lower Idaho's sales tax rate from 6% to 5% while broadening the base to include taxes on services and real-property contracts?

AG Wasden's 2015 review identified a long list of legal and drafting problems: a possible single-subject violation under art. III, § 16 because the initiative reached into personal property tax statut…

June 10, 2015

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,…

March 10, 2015

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…

September 28, 2012

Did the Idaho AG approve the 2007 'Public Employee Accountability Act' ballot initiative that aimed to strip judicial immunity and force grand juries on demand?

No. The AG concluded most provisions of the initiative would likely be struck down: it bundled multiple subjects in violation of Idaho Const. art. III, § 16; usurped the district court's exclusive con…

February 13, 2007

What did Idaho's AG say about a 2006 ballot initiative that would have amended Idaho's eminent domain and regulatory-takings statutes after Kelo?

The AG flagged a potential single-subject issue (eminent domain and regulatory takings might or might not be sufficiently related), a conflict with House Bill 555 which had just created a new Idaho Co…

March 28, 2006

What did Idaho's AG say about Ron Gillett's revised 2006 wolf-removal ballot initiative, after the AG flagged single-subject problems with the original?

Petitioner Ron Gillett refiled the wolf-removal initiative on March 7, 2006, after the AG's March 3 Certificate flagged single-subject problems. The revised version dropped the Office of Species Conse…

March 9, 2006

What did Idaho's AG say about Ron Gillett's 2006 ballot initiative to 'remove' gray wolves from Idaho?

The AG concluded the initiative's caption was misleading because state law cannot remove federally protected gray wolves under the Endangered Species Act, and that the proposal's combination of wolf-m…

March 3, 2006

What did Idaho's AG say about the 'Idaho Judicial Accountability Act of 2006' ballot initiative, the second JAIL-style judicial-accountability proposal aimed at Idaho?

The AG concluded the proposal would create the 'Idaho Judicial Accountability Commission' as a fourth branch of government, independent of the legislative, executive, and judicial branches, which is p…

April 4, 2005

Could a single Idaho ballot initiative both let counties opt out of term limits and impose a multi-year lobbying ban on former state legislators?

The AG warned the initiative likely violated Article 3, section 16's single-subject rule because county term limits and revolving-door lobbying restrictions are not 'necessary as ends and means to the…

July 7, 1997

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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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