Pubdate: Thu, 17 Jan 2008
Source: Times-News, The (ID)
Copyright: 2008 Magic Valley Newspapers
Contact:  http://www.magicvalley.com/
Details: http://www.mapinc.org/media/595
Author: Cassidy Friedman
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)
Bookmark: http://www.mapinc.org/decrim.htm (Decrim/Legalization)

ATTORNEY TELLS HAILEY TO SLASH MARIJUANA REFORMS

Legality Of Drug Would Be Diminished

Strip the teeth from three Hailey marijuana reform  initiatives - right 
down to the gums.

That's what Hailey City Attorney Ned Williamson  proposed Monday night to a 
city council that has  already voiced considerable reluctance about 
the  initiatives passed by voters in November.

In his presentation that ran late into the night,  Williamson outlined his 
dramatic changes. He cut out  making marijuana legal. He rendered impotent 
a  committee charged with making marijuana Hailey police's lowest priority. 
That left policy statements and a  committee.

"I kind of figured something like that was coming,"  said Ryan Davidson, 
who petitioned voters to sign his  initiatives. "I think it's completely 
inappropriate.  They didn't even try to make any of the initiatives  work. 
Their claims of a lot of them (the initiatives' components) being invalid 
are, from a legal standpoint,  just untrue."

The council has yet to fully respond and plans to  discuss the recommended 
changes on Jan. 28.

But council members have already voiced significant  concern that the 
initiatives would embroil the city in  costly legal battles with the state, 
might violate  their own First Amendment rights and force a city  council 
woman to choose between her day job with the  U.S. Forest Service and her 
elected post.

The three initiatives would legalize industrial hemp,  decriminalize 
medicinal marijuana, and make enforcing  marijuana laws the city's lowest 
priority. Davidson  said he hoped the city government would wage a 
stronger  fight on behalf of voters. He notes voters in both Denver and 
Missoula, Mont., recently passed similar  initiatives making enforcing 
marijuana their cities'  lowest police priority.

This November in Hailey, only 40 percent of voters went  to the polls. 
Williamson said no law requires Hailey  council to accept voter initiatives.

"There is nothing in the state Constitution or state  statutes that would 
prohibit the City Council from  amending or appealing initiative 
ordinances,"  Williamson said.

The Hailey Medical Marijuana Act would create an  ordinance legalizing use 
and possession of 35 grams for  medicinal purposes. Williamson suggested 
deleting a  provision that would legalize medical marijuana and  institute 
the process through a community oversight  commission.

The Hailey Lowest Police Priority Act would create a  Community Oversight 
Committee capable of making Hailey  police officers ease up on pot 
offenses. Williamson's  draft steals any power the committee might have 
to  control law enforcement crack downs on marijuana  offenses.

He recommended deleting requirements in both of those  acts and a third 
act, the Hailey Industrial Hemp Act,  for government officials to advocate 
changing marijuana  or hemp laws.

Williamson said his redactions still leave two primary  components of the 
initiatives standing.

"I think all three initiatives would still contain aE-  a policy 
statement," he said. "This is my  recommendation on provisions that I feel 
are illegal. I  am not making any recommendations on policy matters. I  am 
just making recommendations on legal language that I feel needs to be 
corrected.

"The other thing that is left over is the establishment  of the oversight 
committee, which can meet and make  recommendations to the city council."
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MAP posted-by: Jo-D