PERSONAL ADULT MARIJUANA

DECRIMINALIZATION ACT (PAMDA) –

PETITION
AN INITIATIVE TO REMOVE CRIMINAL PENALTIES AND
CIVIL SANCTION FOR THE PRIVATE POSSESSION, USE,
AND TRANSFER OF A PERSONAL AMOUNT OF
MARIJUANA BY ADULTS AGED TWENTY-ONE (21) OR
OLDER IN THE STATE OF IDAHO
LONG TITLE (TBD)

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WHEREAS the State of Idaho is surrounded on all its CHAPTER 35, PERSONAL ADULT MARIJUANA
borders by states that have enacted the legalization of DECRIMINALIZATION ACT
marijuana sales to adults in one form or another;
37-3501. SHORT TITLE. This act shall be cited as the
WHEREAS thousands of Idaho adults regularly cross “Personal Adult Marijuana Decriminalization Act.”
our borders to legally buy marijuana products, then
break the law bringing those products back home to 37-3502. DEFINITIONS For purposes of this Chapter,
Idaho; unless the context otherwise requires:

WHEREAS many of those Idaho adults suffer (1) “Marijuana” means all parts of the plant of the
debilitating medical conditions for which marijuana genus Cannabis, regardless of species, and whether
products may be the only method of relief, while others growing or not; the seeds thereof; the resin extracted
adhere to sincere religious faiths that believe marijuana from any part of such plant; and every compound,
is a sacrament; manufacture, salt, derivative, mixture, or preparation
of such plant, its seeds or resin, including any plant
WHEREAS Article I, Section 1 of the Idaho material or the resin or any derivative thereof,
Constitution recognizes “All men are by nature free and regardless of form, containing any of the chemical
equal, and have certain inalienable rights, among which substances classified as tetrahydrocannabinols. It
[is]… pursuing happiness…” does not include the mature stalks of the plant unless
the same are intermixed with prohibited parts
WHEREAS Article I, Section 17 of the Idaho thereof, fiber produced from the stalks, oil or cake
Constitution recognizes “[t]he right of the people to be made from the seeds or the achene of such plant, any
secure in their persons, houses, papers and effects other compound, manufacture, salt, derivative,
against unreasonable searches and seizures…” mixture, or preparation of the mature stalks, except
the resin extracted therefrom or where the same are
WHEREAS Article I, Section 24 of the Idaho intermixed with prohibited parts of such plant, fiber,
Constitution instructs that “[t]he legislature should oil, or cake, or the sterilized seed of such plant
further all wise and well directed efforts for the which is incapable of germination.
promotion of temperance…” yet that legislature has
failed to address the emerging legality of marijuana (2) “Personal amount of marijuana” means:
across our borders;
(a) With respect to a person who is at least
WHEREAS Idaho law enforcement and corrections are twenty-one (21) years of age:
needlessly burdened with the pursuit of Idaho adults who
have legally purchased marijuana products out of state; (i) Three (3) ounces of marijuana.
and
(3) “Personal use of marijuana” means:
WHEREAS the People of Idaho respect the right of
adults to privacy for consensual behaviors within the (a) With respect to a person who is at least
home, but wish to regulate personal, private marijuana twenty-one (21) years of age:
use by adults in a manner that prevents marijuana
commercialization and cultivation within the state; (i) Possession and usage of a personal
amount of marijuana for ingestion by any
means; and

Be it enacted by the People of Idaho: (ii) Possession and usage of marijuana

occurs on and within private property; and
SECTION 1 Title. This Act shall be known as the
Personal Adult Marijuana Decriminalization Act (iii) With permission of the property owner.

That Title 37, Idaho Code, be, and the same is hereby 37-3503. LIMITATIONS
amended by the addition thereto of a NEW CHAPTER,
to be known and designated as Chapter 35, Title 37, This Chapter does not authorize any person to engage in,
Idaho Code, and to read as follows: and does not prevent the imposition of any civil,

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criminal, or other penalties for engaging in, the 37-3504. FACILITY RESTRICTIONS
following conduct:
(1) Any nursing facility, intermediate care facility,
(1) Undertaking any task under the influence of hospice house, hospital, or other type of residential
marijuana that would constitute negligence or care or assisted living facility may adopt reasonable
professional malpractice. restrictions on the personal use of marijuana by their
residents or a person receiving inpatient services,
(2) Possessing or engaging in the use of marijuana: including:
(a) On a school bus; or (a) That the facility will not store or maintain the
person’s supply of marijuana;
(b) In any correctional facility.
(b) That the facility, caregivers, or hospice
(3) Smoking or vaporizing marijuana: agencies serving the facility’s residents are not
(a) On any form of public transportation; responsible for providing the marijuana for
persons;
(b) On the grounds of any licensed daycare,
preschool, primary or secondary school; or (c) That marijuana is consumed by a method
other than smoking; or
(c) In any place where tobacco smoking is
prohibited. (d) That marijuana is consumed only in a place
specified by the facility.
(4) Operating, navigating, or being in actual physical
control of any motor vehicle, aircraft, train, (2) Nothing in this section requires a facility listed in
motorboat, or other motorized form of transport subsection (1) to adopt restrictions on the personal
while under the influence of marijuana, except a use of marijuana.
person may not be considered to be under the 37-3505. PROTECTIONS FOR THE PERSONAL
influence of marijuana solely because of the USE OF MARIJUANA
presence of metabolites or components of marijuana
that appear in insufficient concentration to cause (1) A person who is at least twenty-one (21) years of
impairment. age or older is not subject to arrest, prosecution, or
penalty in any manner, or denial of any right or
(5) Solvent-based extractions on marijuana using privilege, including any civil penalty or disciplinary
solvents other than water, glycerin, propylene action by a court, or occupational or professional
glycol, vegetable oil, or food grade ethanol by a licensing board or bureau, for:
person.
(a) The personal use of marijuana pursuant to
(6) Using marijuana except as authorized under this this Chapter, if the person does not possess more
Chapter. than a personal amount of marijuana in
(7) Cultivating live marijuana plants of any size or accordance with this Act;
stage of development. (b) Offering or providing a personal amount of
(8) Nothing in this Chapter requires: marijuana to a person who is at least twenty-one
(21) years of age or older.
(a) Any person or establishment in lawful
possession of property to allow a guest, client, (c) Transporting a personal amount of marijuana
customer, or other visitor to smoke marijuana on from a jurisdiction where the marijuana was
or in that property; legally purchased under state law.

(b) A licensed daycare, preschool, primary or (2) There is a presumption in criminal, civil, and
secondary school to allow the personal use of administrative court proceedings that a person aged
marijuana on its property. 21 years or older is engaged in the personal use of
marijuana pursuant to this Chapter if the person is in

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 possession an amount of marijuana that does not components of cannabis that appear in insufficient
exceed the personal amount. concentration to cause impairment.

(3) A holder of a professional or occupational (2) For the purposes of medical care, including
license may not be subject to professional discipline organ and tissue transplants, a person’s use of
for providing advice or services related to marijuana marijuana in accordance with this Chapter does not
activities that are allowed under state law pursuant to constitute the use of an illicit substance or otherwise
this Chapter or denied a license based on previous disqualify a person from receiving medical care.
employment related to marijuana activities that are
allowed under state law pursuant to this Chapter. (3) A person shall not be denied custody of or
visitation rights or parenting time with a minor for
(4) No person may be subject to arrest, prosecution, engaging in conduct allowed under this Chapter.
or penalty in any manner, or denied any right or
privilege, including any civil penalty or disciplinary (4) No state or local agency shall restrict, revoke,
action by a court or occupational or professional suspend, or otherwise infringe upon a person’s right
licensing board or bureau, for: to own or possess a firearm or any related firearms
certification based on conduct allowed under this
(a) Providing or selling drug paraphernalia act.
designed for the personal use of marijuana to a
person who is twenty-one (21) years of age or (5) No school, landlord, or employer may be
older; penalized or denied any benefit under state law for
enrolling, leasing to, or employing a person
(b) Being in the presence or vicinity of the engaging in conduct allowed under this Chapter.
personal use of marijuana that is exempt from
criminal penalties under this Chapter; or SECTION 2. SEVERABILITY

(c) Allowing a person’s property to be used for The provisions of this act are hereby declared to be
activities that are exempt from criminal penalties severable and if any provision of this act or the
by this Chapter. application of such provision to any person or
circumstance is declared invalid for any reason, such
(5) Property, including all interests in the property, declaration shall not affect the validity of the remaining
otherwise subject to forfeiture under state or local portions of this act.
law that is possessed, owned, or used in any activity
permitted under this Chapter is not subject to seizure SECTION 3. CONTROLLED SUBSTANCE
or forfeiture. This subsection does not prevent civil AMENDMENTS
or criminal forfeiture if the legal basis for the
forfeiture is unrelated to the personal use of That Chapter 27, Title 37, Idaho Code, be, and the same
marijuana as authorized under this Chapter. is hereby amended to read as follows:

(6) The odor of marijuana alone in the presence of 37-2732. PROHIBITED ACTS A — PENALTIES. (a)
persons aged 21 years or older engaged in activities Except as authorized by this chapter or authorized by
authorized by this Act does not constitute probable Chapter 35, Title 37, it is unlawful for any person to
cause or reasonable suspicion, nor may it be used to manufacture or deliver, or possess with intent to
support the search of a person or property of a manufacture or deliver, a controlled substance.
person. (1) Any person who violates this subsection with
37-3506. DISCRIMINATION PROHIBITED respect to:

(1) No employer is required to allow the ingestion of (A) A controlled substance classified in
marijuana in any workplace or to allow any schedule I which is a narcotic drug or a
employee to work while under the influence of controlled substance classified in schedule II,
marijuana, provided that an employee shall not be except as provided for in section 37-
considered to be under the influence of marijuana 2732B(a)(3), Idaho Code, is guilty of a felony
because of the presence of metabolites or and upon conviction may be imprisoned for a

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 term of years not to exceed life imprisonment, or (D) A counterfeit substance classified in
fined not more than twenty-five thousand dollars schedules V and VI or a noncontrolled
($25,000), or both; counterfeit substance, is guilty of a misdemeanor
and upon conviction may be imprisoned for not
(B) Any other controlled substance which is a more than one (1) year, fined not more than five
nonnarcotic drug classified in schedule I, or a thousand dollars ($5,000), or both.
controlled substance classified in schedule III, is
guilty of a felony and upon conviction may be (c) It is unlawful for any person to possess a controlled
imprisoned for not more than five (5) years, substance unless the substance was obtained directly
fined not more than fifteen thousand dollars from, or pursuant to, a valid prescription or order of a
($15,000), or both; practitioner while acting in the course of his professional
practice, or except as otherwise authorized by this
(C) A substance classified in schedule IV, is chapter or authorized by Chapter 35, Title 37.
guilty of a felony and upon conviction may be
imprisoned for not more than three (3) years, (1) Any person who violates this subsection and has
fined not more than ten thousand dollars in his possession a controlled substance classified in
($10,000), or both; schedule I which is a narcotic drug or a controlled
substance classified in schedule II, is guilty of a
(D) A substance classified in schedules V and felony and upon conviction may be imprisoned for
VI, is guilty of a misdemeanor and upon not more than seven (7) years, or fined not more
conviction may be imprisoned for not more than than fifteen thousand dollars ($15,000), or both.
one (1) year, fined not more than five thousand
dollars ($5,000), or both. (2) Any person who violates this subsection and has
in his possession lysergic acid diethylamide is guilty
(b) Except as authorized by this chapter, it is unlawful of a felony and upon conviction may be imprisoned
for any person to create, deliver, or possess with intent to for not more than three (3) years, or fined not more
deliver, a counterfeit substance. than five thousand dollars ($5,000), or both.
(1) Any person who violates this subsection with (3) Any person who violates this subsection and has
respect to: in his possession a controlled substance which is a
nonnarcotic drug classified in schedule I except
(A) A counterfeit substance classified in lysergic acid diethylamide, or a controlled substance
schedule I which is a narcotic drug, or a classified in schedules III, IV, V and VI is guilty of a
counterfeit substance classified in schedule II, is misdemeanor and upon conviction thereof may be
guilty of a felony and upon conviction may be imprisoned for not more than one (1) year, or fined
imprisoned for not more than fifteen (15) years, not more than one thousand dollars ($1,000), or
fined not more than twenty-five thousand dollars both.
($25,000), or both;
(d) It shall be unlawful for any person to be present at or
(B) Any other counterfeit substance classified in on premises of any place where he knows illegal
schedule I which is a nonnarcotic drug contained controlled substances are being manufactured or
in schedule I or a counterfeit substance cultivated, or are being held for distribution,
contained in schedule III, is guilty of a felony transportation, delivery, administration, use, or to be
and upon conviction may be imprisoned for not given away, other than activities authorized by
more than five (5) years, fined not more than Chapter 35, Title 37. A violation of this section shall
fifteen thousand dollars ($15,000), or both; deem those persons guilty of a misdemeanor and upon
(C) A counterfeit substance classified in conviction shall be punished by a fine of not more than
schedule IV, is guilty of a felony and upon three hundred dollars ($300) and not more than ninety
conviction may be imprisoned for not more than (90) days in the county jail, or both.
three (3) years, fined not more than ten thousand (e) If any person is found to possess marijuana, which
dollars ($10,000), or both; for the purposes of this subsection shall be restricted to
all parts of the plants of the genus Cannabis, including

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the extract or any preparation of cannabis which contains accurately describing the ingredients of the imitation
tetrahydrocannabinol, in an amount greater than three (3) controlled substance dosage units. The good faith of the
ounces net weight, it shall be a felony and upon defendant shall be an issue of fact for the trier of fact.
conviction may be imprisoned for not more than five (5)
years, or fined not more than ten thousand dollars (k) Upon conviction of a felony or misdemeanor
($10,000), or both. violation under this chapter or upon conviction of a
felony pursuant to the “racketeering act,” section 18-
(f) If two (2) or more persons conspire to commit any 7804, Idaho Code, or the money laundering and illegal
offense defined in this act and not authorized by investment provisions of section 18-8201, Idaho Code,
Chapter 35, Title 37, said persons shall be punishable the court may order restitution for costs incurred by law
by a fine or imprisonment, or both, which may not enforcement agencies in investigating the violation. Law
exceed the maximum punishment prescribed for the enforcement agencies shall include, but not be limited to,
offense, the commission of which was the object of the the Idaho state police, county and city law enforcement
conspiracy. agencies, the office of the attorney general and county
and city prosecuting attorney offices. Costs shall
(g) (1) It is unlawful for any person to manufacture or include, but not be limited to, those incurred for the
distribute a “simulated controlled substance,” or to purchase of evidence, travel and per diem for law
possess with intent to distribute, a “simulated controlled enforcement officers and witnesses throughout the
substance.” Any person who violates this subsection course of the investigation, hearings and trials, and any
shall, upon conviction, be guilty of a misdemeanor and other investigative or prosecution expenses actually
upon conviction thereof shall be punished by a fine of incurred, including regular salaries of employees. In the
not more than one thousand dollars ($1,000) and not case of reimbursement to the Idaho state police, those
more than one (1) year in the county jail, or both. moneys shall be paid to the Idaho state police for deposit
into the drug and driving while under the influence
(2) It is unlawful for any person to possess a enforcement donation fund created in section 57-816,
“simulated controlled substance.” Any person who Idaho Code. In the case of reimbursement to the office of
violates this subsection shall, upon conviction, be the attorney general, those moneys shall be paid to the
guilty of a misdemeanor and upon conviction thereof general fund. A conviction for the purposes of this
shall be punished by a fine of not more than three section means that the person has pled guilty or has been
hundred dollars ($300) and not more than six (6) found guilty, notwithstanding the form of the
months in the county jail, or both. judgment(s) or withheld judgment(s).
(h) It is unlawful for any person to cause to be placed in 37-2732C. USING OR BEING UNDER THE
any newspaper, magazine, handbill, or other publication, INFLUENCE — PENALTIES. (a) Except as authorized
or to post or distribute in any public place, any in this chapter, it is unlawful for any person on a public
advertisement or solicitation offering for sale simulated roadway, on a public conveyance, on public property or
controlled substances. Any person who violates this on private property open to the public, to use or be under
subsection is guilty of a misdemeanor and shall be the influence of any controlled substance specified in
punished in the same manner as prescribed in subsection subsection (b), (c), (d), (e) and (f) of section 37-2705,
(g) of this section. Idaho Code, or subsection (b), (c) and (d) of section 37-
(i) No civil or criminal liability shall be imposed by 2707, Idaho Code, or subsection (c)(6) of section 37-
virtue of this chapter on any person registered under the 2709, Idaho Code, or any narcotic drug classified in
Uniform Controlled Substances Act who manufactures, schedule III, IV or V, except when administered by or
distributes, or possesses an imitation controlled under the direction of a person licensed by the state to
substance for use as a placebo or other use by a dispense, prescribe, or administer controlled substances,
registered practitioner, as defined in section 37-2701(aa), or as authorized by Chapter 35, Title 37. It shall be
Idaho Code, in the course of professional practice or the burden of the defense to show that it comes within
research. this exception.

(j) No prosecution under this chapter shall be dismissed (b) Any person convicted of violating the provisions of
solely by reason of the fact that the dosage units were subsection (a) of this section is guilty of a misdemeanor
contained in a bottle or other container with a label and is punishable by imprisonment in a county jail for

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not more than six (6) months, or by a fine not exceeding an amount not to exceed two hundred dollars ($200) to
one thousand dollars ($1,000) or by both. the arresting and/or prosecuting agency or entity. These
funds shall be remitted to the appropriate fund to offset
(c) Any person who is convicted of violating subsection the expense of toxicology testing.
(a) of this section, when the offense occurred within five
(5) years of that person being convicted of two (2) or 37-2733. PROHIBITED ACTS B — PENALTIES. (a)
more separate violations of that subsection and who Except with regard to activities authorized by
refuses to complete a licensed drug rehabilitation Chapter 35, Title 37, Iit is unlawful for any person:
program offered by the court pursuant to subsection (d)
shall be punished by imprisonment in the county jail for (1) Who is subject to article III of this act to distribute
a mandatory minimum period of time of not less than or dispense a controlled substance in violation of section
one hundred twenty (120) days, nor more than one (1) 37-2722, Idaho Code;
year. The court may not reduce the mandatory minimum
period of incarceration provided in this subsection. (2) Who is a registrant, to manufacture a controlled
substance not authorized by his registration, or to
(d) The court may, when it would be in the interest of distribute or dispense a controlled substance not
justice, permit any person convicted of a violation of authorized by his registration to another registrant or
subsection (a) of this section, punishable under other authorized person;
subsection (b) or (c) of this section, to complete a
licensed drug rehabilitation program in lieu of part or all (3) To refuse or fail to make, keep or furnish any record,
of the imprisonment in the county jail. As a condition of notification, order form, statement, invoice or
sentencing, the court may require the offender to pay all information required under this act;
or a portion of the drug rehabilitation program. In order (4) To refuse an entry into any premises for any
to alleviate jail overcrowding and to provide recidivist inspection authorized by this act; or
offenders with a reasonable opportunity to seek
rehabilitation pursuant to this subsection, counties are (5) Knowingly to keep or maintain any store, shop,
encouraged to include provisions to augment licensed warehouse, dwelling, building, vehicle, boat, aircraft, or
drug rehabilitation programs in their substance abuse other structure or place, which is resorted to by persons
proposals and applications submitted to the state for using controlled substances in violation of this act for
federal and state drug abuse funds. the purpose of using these substances, or which is used
for keeping or selling them in violation of this act.
(e) Notwithstanding subsection (a), (b) or (c) of this
section, or any other provision of law to the contrary, (b) Any person who violates this section is guilty of a
any person who is unlawfully under the influence of misdemeanor and upon conviction may be imprisoned
cocaine, cocaine base, methamphetamine, heroin, or for not more than one (1) year, fined not more than
phencyclidine while in the immediate personal twenty-five thousand dollars ($25,000), or both.
possession of a loaded, operable firearm is guilty of a
public offense and is punishable by imprisonment in the 37-2734. PROHIBITED ACTS C — PENALTIES. (a)
county jail or the state prison for not more than one (1) Except with regard to activities authorized by
year. As used in this subsection, “immediate possession” Chapter 35, Title 37, Iit is unlawful for any person
includes, but is not limited to, the interior passenger knowingly or intentionally:
compartment of a motor vehicle.
(1) To distribute as a registrant a controlled substance
(f) Every person who violates subsection (e) of this classified in schedule I or II, except pursuant to the
section is punishable upon the second and each requirements of section 37-2722, Idaho Code;
subsequent conviction by imprisonment in the state
prison for a period of time not in excess of four (4) (2) To use in the course of the manufacture or
years. distribution of a controlled substance a registration
number which is fictitious, revoked, suspended, or
(g) In addition to any fine assessed under this section issued to another person;
and notwithstanding the provisions of section 19-4705,
Idaho Code, the court may, upon conviction, assess an
additional cost to the defendant in the way of restitution,

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(3) To acquire or obtain possession of a controlled to plant, propagate, cultivate, grow, harvest,
substance by misrepresentation, fraud, forgery, manufacture, compound, convert, produce, process,
deception or subterfuge; prepare, test, analyze, pack, repack, store, contain,
conceal, inject, ingest, inhale, or otherwise introduce
(4) To furnish false or fraudulent material information into the human body a controlled substance.
in, or omit any material information from, any
application, report, or other document required to be (b) Drug paraphernalia delivered, possessed with
kept or filed under this act, or any record required to be intent to deliver, or manufactured with intent to
kept by this act; or deliver for activities authorized by Chapter 35, Title
37, shall not be considered unlawful under subsection
(5) To make, distribute, or possess any punch, die, plate, (a) of this section.
stone, or other thing designed to print, imprint, or
reproduce the trademark, trade name, or other (c) Any person who is in violation of this section is
identifying mark, imprint, or device of another or any guilty of a felony and upon conviction may be
likeness of any of the foregoing upon any drug or imprisoned for not more than nine (9) years, fined not
container or labeling thereof so as to render the drug a more than thirty thousand dollars ($30,000), or both.
counterfeit substance.
SECTION 4. TAX STAMP AMENDMENTS
(b) Any person who violates this section is guilty of a
felony and upon conviction may be imprisoned for not That Chapter 42, Title 63, Idaho Code, be, and the same
more than four (4) years, or fined not more than thirty is hereby amended to read as follows:
thousand dollars ($30,000), or both.
63-4202. DEFINITIONS. As used in this chapter:
37-2734A. PROHIBITED ACTS D — PENALTIES.
(a) Except with regard to activities authorized by (1) “Commission” means the state tax commission.
Chapter 35, Title 37, it is unlawful for any person: (2) “Controlled substance” means the entire amount of
(1) It is unlawful for any person tTo use, or to possess any drug or substance, whether real or counterfeit, as
with intent to use, drug paraphernalia to plant, defined in section 37-2701, Idaho Code, when possessed
propagate, cultivate, grow, harvest, manufacture, in the following quantities and in violation of Idaho law:
compound, convert, produce, process, prepare, test, (a) More than forty-two and one-half (42 1/2) three
analyze, pack, repack, store, contain, conceal, inject, ounces of marijuana; or
ingest, inhale, or otherwise introduce into the human
body a controlled substance. (b) One (1) or more growing marijuana plants; or
(2) It is unlawful for any person tTo place in any (c) Seven (7) or more grams of any other controlled
newspaper, magazine, handbill, or other publication any substance sold by weight; or
advertisement, knowing, or under circumstances where
one reasonably should know, that the purpose of the (d) Ten (10) or more dosage units of any controlled
advertisement, in whole or in part, is to promote the sale substance which is not sold by weight.
of objects designed or intended for use as drug
paraphernalia. (3) “Possess” or “possession” means, in addition to its
ordinary meaning and tenses, to include hold, sell,
(3)(b) Any person who is in violation of the provisions manufacture, acquire, produce, purchase, ship, transport,
of subsections (1) and/or (2) of this section is guilty of a transfer or import into Idaho.
misdemeanor and upon conviction may be imprisoned
for not more than one (1) year, fined not more than one
thousand dollars ($1,000), or both.

37-2734B. PROHIBITED ACTS E — PENALTIES. (a)

It is unlawful for any person to deliver, possess with
intent to deliver, or manufacture with intent to deliver,
drug paraphernalia, knowing, or under circumstances
where one reasonably should know, that it will be used

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Funding Source Statement for the Personal Adult
Marijuana Decriminalization Act (PAMDA) 2022
Pursuant to Senate Bill 1350 (2020), we, the proponents of the Personal Adult Marijuana
Decriminalization Act (PAMDA) 2022, submit this document proposing the “funding source
for the cost of implementing the measure.”

Funding Sources
The Personal Adult Marijuana Decriminalization Act (PAMDA) 2022 creates no new
bureaucracy for the state of Idaho to fund. There is no marketplace in marijuana established by
PAMDA; the act merely ends civil and criminal penalties for what are now personal marijuana
possession misdemeanors (amounts less than three ounces).
Section 37-3505(5) makes changes to asset forfeiture related to the personal use of marijuana in
private by adults authorized by this Act. We forecast that cost to the state to be less than
$100,000 annually.
Section 37-3505(6) restricts the use of marijuana odor as a probable cause for search of adults
engaged in the personal use of marijuana in private. However, as marijuana use outside the
narrow exceptions of this Act remains illegal, there will be no need to replace drug-sniffing
police dogs that alert on the presence of marijuana. Retraining of K-9 handlers will be necessary
to redefine the proper use of drug-sniffing dogs under the Act. We forecast that cost to the state
to be less than $500,000 annually.
According to Idaho State Police, there were 6,032 arrests in 2018 for violations of Idaho
marijuana laws. Statistics from ISP show that only about five percent of those arrests concerned
buying, selling, or growing marijuana. PAMDA will make legal the possession of three ounces
of marijuana by adults 21 and older, an amount currently classified under Idaho law as a
misdemeanor. According to a report from the American Civil Liberties Union, each marijuana
arrest in Idaho on average costs the state over $4,000 in police, jail, court, and probation costs.
Therefore, savings for the state through the passage of PAMDA could be well over $22 million
annually.
We believe the savings in law enforcement listed above make PAMDA an overall revenue saver
for the state.

AN INITIATIVE TO REMOVE CRIMINAL PENALTIES AND CIVIL SANCTION FOR THE PRIVATE POSSESSION, USE,
AND TRANSFER OF A PERSONAL AMOUNT OF MARIJUANA BY ADULTS AGED TWENTY-ONE (21) OR OLDER IN
THE STATE OF IDAHO
Under Idaho Code §34-1803B, a petition signer may remove their name from a petition by crossing it out with a single line
or by presenting a signed statement to the county clerk asking for removal prior to signature verification.
The PERSONAL ADULT MARIJUANA DECRIMINALIZATION ACT shall be submitted to the qualified electors of the
State of Idaho, for their approval or rejection at the regular general election, to be held on the 8th day of November A.D.,
2022, and each for himself says: I have personally signed this petition; I am a qualified elector of the State of Idaho; my
residence and post office are correctly written after my name:

Official
Use Signature Printed Name Address, City ZIP Date
/ /

/ /

/ /

/ /

/ /

/ /

/ /

/ /

/ /

/ /

STATE OF IDAHO ss. County of _____________________________

I, , being first duly sworn, say: That I am a resident of the State of Idaho and at
least eighteen (18) years of age: that every person who signed this sheet of the foregoing petition signed his or her name
thereto in my presence: I believe that each has stated his or her name, post office address, and residence correctly, that
each signer is a qualified elector of the State of Idaho, and a resident of the county of .

Signed: Post office address

Subscribed and sworn to before me this day of ,

Signed:

Notary Public Residing at

(Notary Seal)

My Commission expires on

AN INITIATIVE TO REMOVE CRIMINAL PENALTIES AND CIVIL SANCTION FOR THE PRIVATE POSSESSION, USE,
AND TRANSFER OF A PERSONAL AMOUNT OF MARIJUANA BY ADULTS AGED TWENTY-ONE (21) OR OLDER IN
THE STATE OF IDAHO