Idaho Senate Rejects Bill to Ban Advertising Illegal Products

20 March 2024

On March 13, 2024, the Idaho Senate voted 18-16 to reject House Bill 613, a proposed law aimed at making it a misdemeanor to advertise products or services illegal under federal law, Idaho state law, or local ordinances. Sponsored by Rep. Judy Boyle, R-Midvale, the bill sought primarily to restrict marijuana advertisements, reflecting Idaho’s strict anti-cannabis stance despite the growing legalization of marijuana in neighboring states such as Washington, Oregon, Montana, and Nevada. Although the Idaho House of Representatives passed the bill with a 47-22 vote, opposition in the Senate focused on concerns about constitutional rights, regulatory overreach, and unintended consequences.

Key lawmakers, including Sen. Brian Lenney, R-Nampa, cautioned that the bill’s broad language could negatively affect industries like firearms or raw milk, both of which are contentious yet lawful under Idaho law. Sen. Tammy Nichols, R-Middleton, raised additional concerns about how the law might empower federal agencies to regulate advertisements for benign products. Critics ultimately questioned whether the proposed restrictions could withstand scrutiny under First Amendment rights protecting commercial speech.

For Idaho businesses and advertisers, this decision preserves the ability to promote services that may be legal outside Idaho’s borders but remain banned within the state. The ruling also reassures industries worried about regulatory spillover into areas like agriculture or firearms law. Moreover, it ensures Idaho consumers will continue to encounter cannabis-related advertisements from media linked to legal markets in nearby states, keeping them connected to broader regional economies.