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 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…
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…
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…
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 …
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…
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…
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…
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…
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…
Does the University of Idaho Board of Regents have the constitutional power to acquire and operate a private university like the University of Phoenix through a separate non-profit corporation?
No. The Board's constitutional charter is limited to governing the University of Idaho itself. Setting up a separate non-profit (Four Three Education, Inc.) to acquire and run the University of Phoeni…
Can a professor at the University of Idaho or another Idaho public college discuss abortion in class or write academic articles supporting abortion rights, or does the No Public Funds for Abortion Act prohibit it?
They can. The Act bars use of public funds to actually provide, perform, refer for, or counsel a specific person to obtain an abortion. It does not bar academic teaching, classroom discussion, or scho…
Can a political party hold its presidential caucus in a public school building, city hall, or other public facility in Idaho?
Yes, but only when the facility is otherwise open to the public and only if every political party gets equal and fair access. A school during school hours would not qualify; a school cafeteria rented …
Can an Idaho school district run a second plant facilities levy on the ballot before its current 10-year levy expires?
No. Idaho Code § 33-804 lets a district either amend its existing plant facilities levy or wait until that levy expires. There is no third path. A levy passed concurrently with an existing one is unau…
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…
Can the Idaho Attorney General prosecute someone for performing a criminal abortion under § 18-622, or does only the county prosecutor have that power?
Only the county prosecutor. The AG can step in only if the county prosecutor specifically asks and a district court appoints the AG under § 31-2603. The Legislature has not given the AG independent au…
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…
If I bought a house in Idaho in July, do I get the full homestead property-tax exemption for that year, or only a prorated half?
Based on this opinion, a homeowner can apply for the homestead exemption at any time during the year and receive the full exemption, there is no statutory basis for prorating it. Verify current law an…
What did the Idaho Attorney General say about the 2021 ballot initiative to legalize possession of small amounts of marijuana for adults in Idaho?
The AG's Certificate of Review recognized that Idaho may set its own marijuana laws but flagged numerous legal problems in the initiative: a likely single-subject-rule violation in its restitution-sta…
What did the Idaho Attorney General say about the 2021 ballot initiative that would have raised Idaho's minimum wage to $14 per hour?
The AG's Certificate of Review concluded the initiative wasn't preempted by federal law (the FLSA's savings clause lets states set higher minimum wages) and that letting cities and counties set their …
What did the Idaho Attorney General say about the 2021 'Quality Education Act' ballot initiative that would have raised income taxes on high earners and corporations to fund K-12 schools?
The AG's Certificate of Review concluded the initiative was legally permissible. It would replace 2021's tax cuts (Idaho Code section 63-3024) with a higher individual rate on income above $250,000 an…
What did the Idaho Attorney General say about the 2021 referendum that would have let voters reject Senate Bill 1110, the legislation that made it harder to qualify ballot initiatives by requiring signatures from every legislative district?
The AG's Certificate of Review confirmed that S.B. 1110 (which raised the geographic signature requirement to all 35 legislative districts) was a proper subject of referendum, and noted that S.B. 1110…
Did the Idaho AG identify any legal problems with a proposed ballot initiative that would have repealed the new geographic-distribution signature requirement (SB 1110) for Idaho ballot initiatives?
No fatal problems. The AG concluded that (1) the proposed initiative could itself address ballot-access rules because that's a legislative subject, (2) the 6% statewide signature requirement without g…
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…
Can an Idaho state agency agree to indemnify the federal government in a permit, name the United States as an additional insured under Idaho's self-insurance program, or otherwise commit Idaho funds to private-insurance-style coverage limits?
No to all three. The AG concluded a state agency cannot agree to a contractual indemnity unless the legislature has both authorized it and appropriated funds for it; the Idaho retained risk program is…
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 8, 2019 minimum wage initiative that would have raised Idaho's minimum wage to $12, raised tipped wages to $8.10, struck the youth subminimum, and authorized counties and cities to set higher local minimums?
No, with several drafting comments. AG Wasden's review concluded all four substantive components, including the home-rule grant authorizing counties and cities to enact higher minimum wages, were prop…
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…
Did the Idaho AG flag legal problems with the April 12, 2019 minimum wage initiative that would have raised Idaho's minimum wage to $12, authorized counties and cities to set higher local minimums, and struck the youth subminimum (without changing the tipped employees' rate)?
No. AG Wasden's review concluded all three substantive components were proper subjects of state legislation. The FLSA's savings clause permits state minimums above the federal floor; the Idaho Constit…
Did the Idaho AG flag legal problems with the April 11, 2019 minimum wage initiative that would have raised Idaho's minimum wage to $12, raised tipped wages to $8.10, and added CPI indexing?
No, with two minor drafting comments. AG Wasden's review concluded the substantive provisions were within the legislative power of Idaho. The FLSA's savings clause at 29 U.S.C. § 218(a) explicitly per…
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…
Did the Idaho AG's Certificate of Review flag legal problems with a 2019 citizen initiative that would have rewritten Idaho's initiative-and-referendum statute?
Yes, on several points. AG Wasden's Certificate of Review identified drafting ambiguities (effective-date conflict between proposed §§ 34-1801A and 34-1813, typos in signature timeline), flagged that …
After Trinity Lutheran (2017), can Idaho still categorically exclude religiously affiliated schools and universities from generally available state programs like work-study and tax-free bonds under Idaho's Blaine Amendment?
Probably not for status-based exclusions where the program is publicly available and the institution is not putting the benefit to a religious use. AG Wasden concluded Trinity Lutheran limits Idaho's …
Did the Idaho AG flag legal problems with the 2018 historical horse racing initiative (Proposition 1)?
Yes. AG Wasden's Certificate of Review warned that wagering on 'historical horse race terminals' (also called 'instant racing') may not qualify as pari-mutuel betting under the Idaho Constitution, cit…
Did the Idaho AG flag legal problems with the 2017 Reclaim Idaho Medicaid expansion initiative that became Proposition 2 in 2018?
Mostly no. AG Wasden's Certificate of Review flagged minor drafting issues (improper underlining in Section 2, an inappropriate emergency clause, an enactment-clause that should reference 'voters' ins…
Which Idaho Department of Correction employees qualify for Rule of 80 retirement under PERSI, and what happens to accrued benefits if a position is reclassified out of police officer member status?
AG Wasden concluded in 2017 that only wardens and POST-certified correctional officers (those accountable for the custody, supervision, and safety of inmates inside a confinement facility) qualify for…
What did the Idaho Attorney General's 2016 statutory review of the proposed initiative to outlaw all abortions in Idaho as murder say about the measure's legality under then-controlling federal constitutional precedent?
AG Wasden's 2016 Certificate of Review concluded the proposed initiative would be unenforceable and indefensible if voters approved it. Under then-controlling Roe v. Wade and Planned Parenthood v. Cas…
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 constitutional concerns did the Idaho Attorney General flag for an initiative that would have lowered Idaho campaign-contribution caps, banned contributions from state contractors, criminalized lobbyist gifts above $50, and imposed a one-year post-employment lobbying ban on former public officials?
AG Wasden's 2016 review concluded the initiative's lower contribution limits ($500 for legislative, $2,000 for statewide) sat in a 'gray zone' of First Amendment law but were probably constitutional, …
After North Carolina Dental Examiners v. FTC (2015), how must Idaho actively supervise its occupational licensing boards to keep them shielded from federal antitrust liability under the State Action Doctrine?
AG Wasden concluded that the actions of any Idaho board or commission controlled by 'market participants' (people who are licensed by, or in a profession regulated by, the board) must be supervised by…
Are the lands occupied by Idaho's old state penitentiary 'public lands' subject to the constitutional rules requiring the State Board of Land Commissioners to sell or lease them at public auction for the maximum long-term financial return?
AG Wasden concluded in 2015 that the old penitentiary site was not 'public lands' under article IX, sections 7 and 8 of the Idaho Constitution. The land was granted to Idaho unconditionally by Section…
What did the Idaho Attorney General's October 2015 Certificate of Review identify as remaining problems with a revised proposed initiative to broaden Idaho's sales tax base by taxing services?
AG Wasden's October 30, 2015 review reaffirmed and incorporated by reference the office's earlier June 10, 2015 review of an essentially identical initiative by the same petitioners. The revised versi…
What constitutional and drafting concerns did the Idaho Attorney General flag in 2015 about the proposed 'College, Not Cancer Act' that would have raised cigarette and tobacco taxes to fund lower public-university tuition and tobacco-cessation programs?
AG Wasden's 2015 review concluded the initiative had a serious art. III, § 18 problem because it sought to change cigarette and tobacco tax rates by reference rather than setting forth the amended sec…
Can Idaho restrict contributions to a candidate's campaign so that only people who live in the candidate's district (or in Idaho for statewide office) can give money, and prohibit corporate contributions to candidates?
AG Wasden's 2015 Certificate of Review concluded the proposed initiative was unconstitutional under the First Amendment. After Citizens United and McCutcheon, restricting contributions based on the do…
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…
What did Idaho's AG say about the 2015 referendum petition challenging the new transportation funding law (House Bill 312)?
The AG made no recommendations to revise or alter the petition. Sections 6 and 7 of HB 312 (2015 Idaho Session Laws ch. 341) took effect immediately when signed; the remaining sections were suspended …
Does an Idaho state employee who gives gifts or meals to a legislator have to register as a lobbyist?
Yes, with narrow exceptions. The Sunshine Law's exemption for state employees covers official-capacity *communications* about legislation, but does not exempt gift-giving meant to develop goodwill or …
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,…
Can the University of Idaho buy its own risk or property insurance instead of going through the state's Department of Administration?
Only if the premiums come from non-state funds. Idaho's Tort Claims Act and risk management statutes give the Department of Administration exclusive authority over liability and property insurance pur…
Can the Idaho Department of Lands pay the costs of selling state endowment land out of the proceeds of the sale?
No. Sale proceeds in the land bank fund can only be used to buy replacement endowment land. The Department's costs of running the sale are administrative expenses paid from its earnings reserve fund a…
If someone is involuntarily committed to a mental health facility in another Idaho county, can they register to vote in that new county?
No. Idaho's constitution and statutes treat the place of involuntary mental health commitment as the same as an asylum, so time spent there does not count toward establishing voting residency in the f…
What did Idaho's AG flag about the 2013 ballot initiative to overhaul state sales tax?
The petition was drafted against an outdated version of the sales tax statutes and missed 2011-2013 amendments. Other concerns included the irrelevance of a personal-property-tax change, definitional …
What did Idaho's AG say about the 2013 minimum wage ballot initiative?
The certificate of review described the initiative's proposed schedule (raising minimum wage to $9.80/hour by 2018 with annual CPI-W adjustments after) and noted parallel federal FLSA provisions for t…
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…
Can an out-of-state entity administer Idaho's federal Section 8 project-based housing contracts, and which Idaho entities can serve the whole state?
No, an out-of-state entity cannot serve as Idaho's Section 8 project-based contract administrator because only an Idaho statutory housing authority qualifies as a 'public housing agency' under federal…
Can the Idaho Senate originate a bill that creates or raises a fee, or must fee bills start in the House under the Origination Clause?
A reasonable defense exists for Senate-originated fee legislation, but only if the levy is genuinely a fee and not a tax disguised as one. When in doubt, the AG recommended the bill originate in the H…
What did Idaho's AG flag about the 2012 ballot initiative to end Idaho's state liquor monopoly and privatize retail liquor sales?
The AG conducted the statutory review of the privatization petition under Idaho Code 34-1809 and noted issues for the petitioners' consideration. As with all certificates of review, the AG took no pos…
What did Idaho's AG say about the 2011 ballot initiative that would broaden the sales tax base to services and lower the rate to 5%?
The AG flagged a major unintended consequence: combining the proposed expansion of sales tax to real-property improvement contracts with existing exemptions for sales to government would completely ex…
What did Idaho's AG say about the 2011 ballot initiative making animal torture a felony?
The AG found the petitioner-supplied short and long ballot titles appropriate under Idaho Code 34-1809(2). The initiative amended the state's Cruelty to Animals chapter to add felony penalties for rep…
What did Idaho's AG certify about the 2011 referendum on Senate Bill 1184, the Luna Law on laptops and online graduation requirements?
The AG certified the referendum petition for form. SB 1184 had passed both houses and been signed. The bill had a phased effective date: most sections take effect July 1, 2011; some on July 1, 2012.
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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.