Pubdate: Wed, 26 Sep 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
Bookmark: http://www.mapinc.org/pot.htm (Marijuana)
Bookmark: http://www.mapinc.org/decrim.htm (Decrim/Legalization)

MARIJUANA INITIATIVE MAKES HAILEY BALLOT

Cannabis Advocate Meets City's Initiative Process
Requirements

Hailey's electorate will vote in November on proposed  initiatives to
legalize or decriminalize marijuana  within the city limits.

After legal battles with Hailey for more than three  years,
pro-marijuana advocate Ryan Davidson, chairman  of Liberty Lobby of
Idaho, has successfully complied  with city requirements to put his
initiatives before  the voters.

Davidson was notified on Friday, the deadline for  completion of
initiative requirements, that his  pro-marijuana initiatives will be
on the ballot for the  city's Nov. 6 general election.

"The only way this is going to go away is to let the  people vote on
it," said Hailey City Council President  Rick Davis at Monday's
council meeting.

Hailey's electorate will vote on four different  initiatives to
legalize or decriminalize marijuana. The  first, and the one Davidson
said is most important,  would mandate the city to regulate and tax
marijuana  sales and use and would require the city to advocate  and
lobby for reform of marijuana laws statewide or  nationally.

If approved by the voters, adoption of the law could be  delayed for
up to one year. The initiative requires the  establishment of a
community oversight committee to  work out the details of legalization
and gives the  committee one year to get the job done. The four-member
  committee would be composed of representatives  appointed by the City
Council, the mayor, the Hailey  Police Department and Liberty Lobby of
Idaho.

"Nothing's going to be immediately legalized if the  initiative
passes," Davidson said Monday.

A second initiative before the voters would legalize  medical use of
marijuana. Another initiative would make  enforcement of marijuana
laws the lowest priority for  the Hailey Police Department. The fourth
initiative  would allow for industrial use of hemp, a marijuana  by-product.

The City Council discussed the initiatives briefly at  its Monday
meeting when City Clerk Heather Dawson  formally notified the council
that the initiatives have  qualified for the ballot.

Council members seemed more amused than alarmed by the  initiatives
and mused that Hailey may receive national  news media attention
because of the issue.

The only action taken by the council was a vote to not  summarize
wording in the initiatives and to have them  printed as written on the
ballot.

"The voters have to vote on this. The Supreme Court was  very clear,"
said Hailey City Attorney Ned Williamson.

He was referring to an Idaho Supreme Court decision in  September 2006
when the high court ruled in Davidson's  favor in a lawsuit against
the city of Sun Valley. In  that ruling the court determined that
municipalities do  not have the right to determine the
constitutionality  of proposed initiatives.

Davidson won a second major court victory earlier this  month when
U.S. District Court in Boise issued a  preliminary injunction that
bars the city of Hailey  from requiring that initiators of initiatives
be  residents of the city.

Davidson's legal battles with cities in the Wood River  Valley began
in August 2004 when he filed petitions for  initiative elections with
the cities of Hailey, Ketchum  and Sun Valley.

Davidson said Monday that he will continue to push for  marijuana
legalization elections in Ketchum and Sun  Valley and hopes to have
the issues on ballots for next  May's primary elections.

Davidson acknowledged that if voters approve his  pro-marijuana
initiatives, further litigation might  ensue because of conflicts with
state and federal law. 
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MAP posted-by: Richard Lake