Pubdate: Wed, 15 Apr 2009
Source: Idaho Mountain Express (ID)
Copyright: 2009 Express Publishing, Inc
Contact:  http://www.mtexpress.com/
Details: http://www.mapinc.org/media/2296
Author: Tony Evans
Bookmark: http://www.mapinc.org/decrim.htm (Decrim/Legalization)
Bookmark: http://www.mapinc.org/pot.htm (Cannabis)

HAILEY ENDS MARIJUANA FIGHT

Forms Committees To Handle Policy

What began as a controversial initiative to legalize  marijuana use 
in the city of Hailey in 2007, may have  ended Monday night as a 
footnote in the city's  municipal code. Yet the city will form a 
committee to address the initiatives' original concerns.

City Attorney Ned Williamson will provide an annotation  in the 
city's law book, explaining what happened for  future generations, 
including a small description of  the marijuana initiatives with 
dates, and the challenges to them, "just so that it's clear in 
an  unbiased and objective way what happened, because 20  years from 
now people may not know."

Hailey voters approved three marijuana and industrial  hemp 
initiatives in 2007 and again in 2008. The  initiatives were titled 
the Hailey Medical Marijuana  Act, the Hailey Lowest Police Priority 
Act and the  Hailey Industrial Hemp Act.

The city delayed implementing the initiatives into law,  and instead 
Mayor Rick Davis, City Councilman Don Keirn  and Hailey Police Chief 
Jeff Gunter filed a lawsuit  last May against the city seeking a 
judicial review of  the legality of the initiatives.

Davis, Keirn and Gunter were represented by Hailey  attorney Keith 
Roark, while City Attorney Ned  Williamson found himself in the 
unusual position of  arguing for the initiatives.

Arguments were presented to Blaine County 5th District  Court Judge 
Robert J. Elgee, who ruled in March that  the initiatives were either 
contrary to Idaho State  law, in conflict with "free speech" 
guarantees of the  U.S. constitution, or illegal because they address 
administrative functions of local government.

Councilman Fritz Haemmerle and coucil woman Martha  Burke voted 
Monday night not to appeal Elgee's  decision. Carol Brown, Don Keirn 
and Mayor Rick Davis  recused themselves during the vote.

"The City has been criticized for this, but when we  take the oath of 
office we swear to uphold the law,"  said Haemmerle. "These 
initiatives would not have been  consistent with state or federal laws."

In keeping with language remaining in the initiatives  that was not 
redacted by Elgee, a seven member  oversight committee will be formed 
to write reports and  make recommendations to the city council on the 
failed  initiatives.

Williamson said he will draft bylaws for the committee,  similar to 
those used by the city's Tree Committee and  Arts Committee.

"I'm not sure how long the committee will last, but  they will be 
able to make recommendations to the  council and proceed 
accordingly," said Williamson.
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MAP posted-by: Jay Bergstrom