Pubdate: Wed, 31 Oct 2007
Source: Idaho Mountain Express (ID)
Copyright: 2007 Express Publishing, Inc
Contact:  http://www.mtexpress.com/
Details: http://www.mapinc.org/media/2296
Author: Terry Smith, Express Staff Writer
Bookmark: http://www.mapinc.org/decrim.htm (Decrim/Legalization)

MARIJUANA REFERENDUM LOOMS LARGE IN HAILEY

Litigation Likely If Pot Initiatives Approved By Electorate

If a set of proposed marijuana legalization initiatives  are approved 
in Hailey, a maelstrom of opposition may  arise from state and 
federal government.

The Idaho Attorney General's Office declined to say  what it will do 
if marijuana is legalized in the city,  but issued the following 
statement on Monday through  spokeswoman Kriss Bivens Cloyd:

"The municipalities do not have the authority to repeal  state or 
federal criminal laws. Under state and federal  law possession of 
marijuana is a crime."

But there's no need to get excited yet. The initiatives  would 
require that Hailey establish a Community  Oversight Committee to 
work out the details of  legalization. The committee would be allowed 
up to one year to get its work done.

Jack Van Valkenburgh, executive director of the Idaho  chapter of the 
American Civil Liberties Union, an  organization with extensive 
experience in  constitutional law litigation, agreed that state law 
would supercede local law, but said he supports the  marijuana 
legalization initiatives nonetheless.

"Local measures need to comply with state law, but if  it gets the 
discussion going that's great," Van  Valkenburgh said. "I think it's 
great that it's going  forward as an educational venture. I'd like to 
see it  pass overwhelmingly."

If legalization initiatives are approved and  implemented, somebody 
will likely sue, but there's no  clear-cut procedure that falls into 
place when local  law conflicts with state law, or even when state 
law conflicts with federal law--Americans fought a bloody  civil war 
over that kind of political conflict.

"It will be litigated in some way or another," Van  Valkenburgh said.

Hailey's electorate will vote on four different  marijuana 
legalization or reform measures on Nov. 6.  The initiatives were 
started by Ryan Davidson, a former  Bellevue resident who now lives 
in Garden City and is  the chairman of The Liberty Lobby of Idaho.

Meanwhile, Hailey City Attorney Ned Williamson warned  that approval 
and implementation of the legalization  measures could be a costly to 
Hailey taxpayers.

"If any or all of these four initiatives are passed by  the voters, 
then I would expect a court challenge,"  Williamson wrote in a letter 
to the editor to the Idaho  Mountain Express. "The defense of any of 
these  initiatives would subject Hailey taxpayers to  potentially 
significant attorney fees and costs."

A potential legal battle looms, but that's sort of the  whole idea to 
Davidson, a dedicated, if not fanatical,  advocate of government 
reform. The Hailey initiatives  are part of a grassroots effort that 
he hopes will  spread statewide and beyond.

"If they all pass and they all get thrown out, then it  still wasn't 
in vain because sending the message is the  most important aspect of 
the thing," Davidson said.

"If the initiatives pass and no one ever sues, then  theoretically 
you could have marijuana shops in  Hailey," he said. "But the 
county's not going to allow  that to happen. The sheriff's likely to 
arrest anyone in Hailey violating marijuana laws."

Hailey police aren't particularly worried about the  implications of 
the initiatives.

"There will be a lot of legal possibilities until we  get into what 
we're going to do," said Hailey Police  Chief Jeff Gunter.

Four different pot initiatives

Hailey voters will encounter a lengthier ballot than  usual when they 
step into voting booths on Nov. 6. The  Hailey City Council opted to 
print the initiatives in  their entirety, rather than try to 
summarize them for  quicker reading.

All four of the proposed initiatives are lengthy.  Voters who want to 
read them in advance can pick up  copies at Hailey City Hall or view 
them on they city's  web site at www.haileycityhall.org.

Following is a brief summary of the four initiatives.

- - The Hailey Cannabis Regulation and Revenue Ordinance.  Just as the 
title implies, the initiative would require  that the city regulate 
sales and use of cannabis, a  scientific name for marijuana, and 
would allow the city  to tax the substance.

Davidson considers this the most important of the four  initiatives. 
It doesn't implicitly say that marijuana  would be legal in the city, 
but establishes a framework  to come up with the details. The 
framework would be the  Community Oversight Committee. It would be 
allowed to  deliberate for a year before finalizing legalization  specifics.

The initiative also would require that the city of  Hailey lobby 
other branches of the government for the  reform of marijuana laws.

- - The Hailey Medical Marijuana Act would legalize  medical use of 
marijuana. The details of legalization  would be worked out by the 
Community Oversight  Committee. This, and the following initiative, 
would  also require that the city lobby for marijuana reform.

- - The Hailey Lowest Police Priority Act. Davidson  thinks this one 
has the greatest chance of approval.  The initiative would make 
investigation of adult  marijuana use the city's lowest law 
enforcement  priority.

- - The Hailey Industrial Hemp Act. This fourth  initiative would 
legalize industrial use of hemp, a  marijuana byproduct consisting of 
the fibrous stems.  Industrial hemp is not usable by marijuana 
smokers since it's low on THC, the chemical that induces a  high.

- - Simple Majority. A simple majority is required for  passage of any 
or all of the four initiatives.
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MAP posted-by: Jay Bergstrom