MARIJUANA REFERENDUM LOOMS LARGE IN HAILEY

Litigation Likely If Pot Initiatives Approved By Electorate

If a set of proposed marijuana legalization initiatives are approved
in Hailey, a maelstrom of opposition may arise from state and
federal government.

The Idaho Attorney General's Office declined to say what it will do
if marijuana is legalized in the city, but issued the following
statement on Monday through spokeswoman Kriss Bivens Cloyd:

"The municipalities do not have the authority to repeal state or
federal criminal laws. Under state and federal law possession of
marijuana is a crime."

But there's no need to get excited yet. The initiatives would
require that Hailey establish a Community Oversight Committee to
work out the details of legalization. The committee would be allowed
up to one year to get its work done.

Jack Van Valkenburgh, executive director of the Idaho chapter of the
American Civil Liberties Union, an organization with extensive
experience in constitutional law litigation, agreed that state law
would supercede local law, but said he supports the marijuana
legalization initiatives nonetheless.

"Local measures need to comply with state law, but if it gets the
discussion going that's great," Van Valkenburgh said. "I think it's
great that it's going forward as an educational venture. I'd like to
see it pass overwhelmingly."

If legalization initiatives are approved and implemented, somebody
will likely sue, but there's no clear-cut procedure that falls into
place when local law conflicts with state law, or even when state
law conflicts with federal law--Americans fought a bloody civil war
over that kind of political conflict.

"It will be litigated in some way or another," Van Valkenburgh said.

Hailey's electorate will vote on four different marijuana
legalization or reform measures on Nov. 6. The initiatives were
started by Ryan Davidson, a former Bellevue resident who now lives
in Garden City and is the chairman of The Liberty Lobby of Idaho.

Meanwhile, Hailey City Attorney Ned Williamson warned that approval
and implementation of the legalization measures could be a costly to
Hailey taxpayers.

"If any or all of these four initiatives are passed by the voters,
then I would expect a court challenge," Williamson wrote in a letter
to the editor to the Idaho Mountain Express. "The defense of any of
these initiatives would subject Hailey taxpayers to potentially
significant attorney fees and costs."

A potential legal battle looms, but that's sort of the whole idea to
Davidson, a dedicated, if not fanatical, advocate of government
reform. The Hailey initiatives are part of a grassroots effort that
he hopes will spread statewide and beyond.

"If they all pass and they all get thrown out, then it still wasn't
in vain because sending the message is the most important aspect of
the thing," Davidson said.

"If the initiatives pass and no one ever sues, then theoretically
you could have marijuana shops in Hailey," he said. "But the
county's not going to allow that to happen. The sheriff's likely to
arrest anyone in Hailey violating marijuana laws."

Hailey police aren't particularly worried about the implications of
the initiatives.

"There will be a lot of legal possibilities until we get into what
we're going to do," said Hailey Police Chief Jeff Gunter.

Four different pot initiatives

Hailey voters will encounter a lengthier ballot than usual when they
step into voting booths on Nov. 6. The Hailey City Council opted to
print the initiatives in their entirety, rather than try to
summarize them for quicker reading.

All four of the proposed initiatives are lengthy. Voters who want to
read them in advance can pick up copies at Hailey City Hall or view
them on they city's web site at www.haileycityhall.org.

Following is a brief summary of the four initiatives.

- - The Hailey Cannabis Regulation and Revenue Ordinance. Just as the
title implies, the initiative would require that the city regulate
sales and use of cannabis, a scientific name for marijuana, and
would allow the city to tax the substance.

Davidson considers this the most important of the four initiatives.
It doesn't implicitly say that marijuana would be legal in the city,
but establishes a framework to come up with the details. The
framework would be the Community Oversight Committee. It would be
allowed to deliberate for a year before finalizing legalization specifics.

The initiative also would require that the city of Hailey lobby
other branches of the government for the reform of marijuana laws.

- - The Hailey Medical Marijuana Act would legalize medical use of
marijuana. The details of legalization would be worked out by the
Community Oversight Committee. This, and the following initiative,
would also require that the city lobby for marijuana reform.

- - The Hailey Lowest Police Priority Act. Davidson thinks this one
has the greatest chance of approval. The initiative would make
investigation of adult marijuana use the city's lowest law
enforcement priority.

- - The Hailey Industrial Hemp Act. This fourth initiative would
legalize industrial use of hemp, a marijuana byproduct consisting of
the fibrous stems. Industrial hemp is not usable by marijuana
smokers since it's low on THC, the chemical that induces a high.

- - Simple Majority. A simple majority is required for passage of any
or all of the four initiatives.