ATTORNEY TELLS HAILEY TO SLASH MARIJUANA REFORMS

Legality Of Drug Would Be Diminished

Strip the teeth from three Hailey marijuana reform initiatives - right
down to the gums.

That's what Hailey City Attorney Ned Williamson proposed Monday night to a
city council that has already voiced considerable reluctance about
the initiatives passed by voters in November.

In his presentation that ran late into the night, Williamson outlined his
dramatic changes. He cut out making marijuana legal. He rendered impotent
a committee charged with making marijuana Hailey police's lowest priority.
That left policy statements and a committee.

"I kind of figured something like that was coming," said Ryan Davidson,
who petitioned voters to sign his initiatives. "I think it's completely
inappropriate. They didn't even try to make any of the initiatives work.
Their claims of a lot of them (the initiatives' components) being invalid
are, from a legal standpoint, just untrue."

The council has yet to fully respond and plans to discuss the recommended
changes on Jan. 28.

But council members have already voiced significant concern that the
initiatives would embroil the city in costly legal battles with the state,
might violate their own First Amendment rights and force a city council
woman to choose between her day job with the U.S. Forest Service and her
elected post.

The three initiatives would legalize industrial hemp, decriminalize
medicinal marijuana, and make enforcing marijuana laws the city's lowest
priority. Davidson said he hoped the city government would wage a
stronger fight on behalf of voters. He notes voters in both Denver and
Missoula, Mont., recently passed similar initiatives making enforcing
marijuana their cities' lowest police priority.

This November in Hailey, only 40 percent of voters went to the polls.
Williamson said no law requires Hailey council to accept voter initiatives.

"There is nothing in the state Constitution or state statutes that would
prohibit the City Council from amending or appealing initiative
ordinances," Williamson said.

The Hailey Medical Marijuana Act would create an ordinance legalizing use
and possession of 35 grams for medicinal purposes. Williamson suggested
deleting a provision that would legalize medical marijuana and institute
the process through a community oversight commission.

The Hailey Lowest Police Priority Act would create a Community Oversight
Committee capable of making Hailey police officers ease up on pot
offenses. Williamson's draft steals any power the committee might have
to control law enforcement crack downs on marijuana offenses.

He recommended deleting requirements in both of those acts and a third
act, the Hailey Industrial Hemp Act, for government officials to advocate
changing marijuana or hemp laws.

Williamson said his redactions still leave two primary components of the
initiatives standing.

"I think all three initiatives would still contain aE- a policy
statement," he said. "This is my recommendation on provisions that I feel
are illegal. I am not making any recommendations on policy matters. I am
just making recommendations on legal language that I feel needs to be
corrected.

"The other thing that is left over is the establishment of the oversight
committee, which can meet and make recommendations to the city council."