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: Ned Williamson
Bookmark: http://www.mapinc.org/decrim.htm (Decrim/Legalization)

VOTING FOR LEGALIZED POT WOULD COST TAXPAYERS

In this upcoming election, the citizens of Hailey will  be able to 
vote on four initiatives proposed by the  Liberty Lobby, a group led 
by Ryan Davidson of Garden  City, Idaho. Any initiative passed by the 
voters will  become the law of the city of Hailey. The four 
initiatives are entitled The Hailey Industrial Hemp  Act, The Hailey 
Lowest Police Priority Act, The Hailey  Medical Marijuana Act and The 
Hailey Cannabis  Regulation and Revenue Ordinance. I will not debate 
whether marijuana or hemp should be legalized. But as  the Hailey 
city attorney, I just want the voters to be  aware of the potential 
financial costs of these  measures.

State and federal laws prohibit the use, possession and  distribution 
of marijuana and hemp. Any local law, such  as an initiative adopted 
by the voters, will be subject  to a challenge that the local law is 
pre-empted by  either state or federal law. The courts have clearly 
decided that a municipal law pre-empted by state or  federal law is 
unconstitutional and invalid. If any or  all of these four 
initiatives are passed by the voters,  then I would expect a court 
challenge. The defense of  any of these initiatives would subject 
Hailey taxpayers to potentially significant attorney fees and costs.

Mr. Davidson presently has two lawsuits pending against  Hailey. The 
first lawsuit, filed in December 2004,  seeks $44,000 in alleged 
damages in federal court  because Mr. Davidson claims he did not 
receive promised  compensation from a marijuana advocate group. The 
second lawsuit, filed in September 2007, seeks to  declare portions 
of Hailey's Initiative Ordinance  unconstitutional and to declare 
actions of the city  clerk unlawful. Even after Mr. Davidson was 
successful in securing 17 signatures on his initiatives, 
Mr.  Davidson is still pursuing the second lawsuit. In the  second 
lawsuit, Mr. Davidson has announced his  intention to "circulate 
other petitions in Hailey, as well as in other cities (particularly 
in Blaine County)  that have identical initiative processes." When 
you  vote on these measures, please consider that Hailey  taxpayers 
may be paying the price for these and other  proposed measures.
- ---
MAP posted-by: Jay Bergstrom