Idaho Mountain Express: Marijuana goes to court

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Wednesday, January 14, 2009

Marijuana goes to court

Hearing set for Hailey pot initiatives

By TERRY SMITH
Express Staff Writer

A day of judgment looms next month for three marijuana reform initiatives that have been passed twice by Hailey voters.

A hearing on the controversial pot laws is scheduled for Feb. 9 at 11 a.m. before Judge Robert J. Elgee in Blaine County 5th District.

A lawsuit seeking to have the three initiatives declared constitutionally illegal was filed in May by three Hailey officials—Mayor Rick Davis, City Councilman Don Keirn and Police Chief Jeff Gunter.

Ironically, on the other side of the issue, is the city of Hailey, which is legally required to defend voter-approved initiatives. The city is represented by City Attorney Ned Williamson, who repeatedly opposed implementation or enforcement of the new laws.

Davis, Keirn and Gunter are represented by Hailey attorney Keith Roark.

The three initiatives were approved by Hailey voters first in November 2007 and again in May 2008.

The lawsuit was filed just a few weeks before the second election. Roark has since amended the complaint to include the three reapproved initiatives.

The three initiatives are to legalize medical use of marijuana, to legalize the use of industrial hemp and to make law enforcement of marijuana laws the lowest priority for Hailey police.

Voters rejected in both elections an initiative that would have required the city to tax and regulate marijuana use and distribution, a law that would have effectively legalized the use of pot in Hailey.

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The comments below are from the readers of mtexpress.com and in no way represent the views of Express Publishing Inc.

Napoleon Dynamite – Idaho

01/21/09 - 00:32

Vote For Pedro

hmm – Hailey

01/20/09 - 22:08

Why don’t Hailey voters see the truth? Ryan Davidson (Garden City resident) is using them. Davidson knows Blaine County is THE ONLY part of Idaho that would pass referendums such as his. He is using people he doesn’t really care about to get his foot in the door, hoping that if he wins it will spread statewide. This is such a monumental waste of local tax payer money, of which Davidson does not pay. If you are okay with being pawns in Davidson’s game, by all means support his initiatives. I however will be a free thinker.

John

01/14/09 - 19:50

We (Americans) go to and currently are at WAR to promote DEMOCRACY. People are losing their lives everyday defending Democracy.

The people voted.

Reply to John

Anon.

01/20/09 - 19:27

Incorrect. America is 50 republics. Democracy is mob rule. A republic has a constitution, limiting what the government and/or the mob can do. We are taught this is a democracy so the mob can be swayed by the corporate-controlled mass media. This is falsehood.

The cannabis initiatives were foisted off on the people of Hailey without educating them, first, on why it is called "marijuana" and why federal law trumps all state and local laws. The 14th Amendment makes you subject to federal law, including cannabis prohibition. Unless people are educated, they will not understand why local initiatives like this are useless.

Ryan Davidson and company came here out of ignorance or malice to make cannabis advocates look stupid. The next time someone comes through with a more thoughtful initiative (like an education mandate) the people will reject it - "been there, done that, it doesn't work."

The court case is a further waste of time and taxpayer money. That is part of the plan. When the money is wasted on this case it will put the last nail in the coffin of any future, more meaningful and enforceable initiative.

Educate first and the prohibition laws will fall in short order. www.jackherer.com

John

01/14/09 - 19:45

Democracy.
The people voted.
Denying democracy is un-American.
Denying democracy is fascist.

Rex

01/14/09 - 11:38

Hey man, weed is natural. It's from the earth! (So is cyanide, but just ignore that fact)

SmokeandChoke – Hailey

01/14/09 - 09:50

I love how the attorney that is representing the City and basically the "People" has "repeatedly opposed implementation or enforcement of the new laws." That seems a little crazy to me! I wonder how hard he is preparing for the case? can you say home cooking?

Stephanie – Bellevue

01/14/09 - 08:48

PlEASE let this pass!! I am a medical marijuana user,I live in constant excruciating pain everyday and pot helps me get through,pain & mood enhancment. I also use prescribed narcotics which I hate using,but I do because of the ramifications of law on using mariujana. We need to stop getting our people addicted to prescribed pain medicine and let this law pass. There are people out there working right now that are "high" on prescription narcotics-do you want them working with you?

InsanityRules

01/14/09 - 08:46

Why does the Hailey government hate democracy? Perhaps they should move to China, Iran, or South Korea where the government dictates and the people obey. America was supposed to be different, but the totalitarians won't respect the wishes of the people without a fight.

Shameful...

ww boise county – lowestman

01/14/09 - 07:43

This is what happens when you let republicans run your police force. They don't listen to the electorate. This is how it played out in Missoula Mt. when they enacted very similar legislation, including " lowest priority for the police". They've been explicitly directed by local voters not to harass marijuana posessors. The important thing here is that juries get seated who will not convict those last two young men indicted on posession charges, most recently.
Walt femling said in the paper he would not run for reelection this past fall, he did it any way. Why are short little men such power trippers? He's embarassed that the pot initiative passed twice. But he's not embarassed that his new jail passed by only 17% of the electorate. To qoute Walt "we've got to put the fear into people who posess drugs" this is a quote from a few years ago when the sheriffs dept. was perpetrating illegal, immoral road blocks which ignore the 4th and the 14th ammendment on hwy 75 near
bellevue. Walt's real good at ignoring certain laws and not others like Nixon and Chaney. Type whining isn't going to solve the problem here. What is is putting the fear into walt and his right wing buddies. Here's how, emotionally ostracize all right wingers who do your family harm. Have your kids beat up their kids in school. Don't befriend their wives either. Cause me harm and I'll cause you harm. Blaine doesn't need shadow the dope dog! It needs a search and rescue, cadavor dog like the one who didn't find little Sage in time to save her.
If you'r open to legalization and your angry and frustrated let's all strart contributing to a legal defense fund for the first person to rid the valley of shadow the dope dog!

Reply to ww boise county

you must b high

01/14/09 - 10:36

This has to be a new low for comments to this paper. In one response this miscreant manages to tell people to ostracize all right wingers, have their kids beat up and then has the audacity to say something about how having another cadavor dog would have saved that little girl. Listen you ignorant wretch I know people that were involved in that search, the people who had to deal with the emotional trauma of that incident on Christmas when they should have been with their families. They are many of the same people you would "emotionally ostracize". Wher were you that night, tokin on the magig pipe that cures all ills? As long as people like you are voting this country is in trouble.

peter

01/13/09 - 23:55

stop the hypocrasy!!! you can get drunk, but not high??? being drunk can kill you.. being high cant. hmmm... which one do you prefer? man made alcohol, God made pot. Who do you trust? THANK YOU

pedro

01/13/09 - 23:49

wow... the people in hailey are so ignorant. =/ its a shame. it really is. everyone oughta be educated throughly on the subject. stop LYING to your kids telling them that marijuana is worse than alcohol & tobacco. because truth is, ITS NOT. look it up for yourself. and your kids are exposed everyday to that stuff. so legalize this, God-given, PEACE-promoting, and most of all HEALING herb!