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.