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Wednesday, July 7, 2010

Hailey pot smokers can relax at home

Lowest police priority ranks private use below jay-walking


By TONY EVANS
Express Staff Writer

A Hailey police officer patrols the city. Under a new city ordinance, Hailey officers will consider some marijuana-related offenses to be their lowest priority for enforcement. Photo by Mountain Express

Hailey police officers won't be trying to bust anyone for smoking marijuana in the privacy of their own home from now on—not since the City Council adopted three weeks ago a lowest-police-priority ordinance with regard to misdemeanor marijuana offenses.

Passage of the new ordinance comes too late for David Marks, who was arrested in August 2009 when Hailey police officers smelled marijuana when Marks opened his front door for them. The cops were looking for someone else, but entered the house and searched it when they reportedly smelled pot smoke.

Felony charges against Marks for possession of more than 3 ounces of marijuana were later dismissed as part of a plea agreement, under which Marks agreed to plead guilty to a misdemeanor charge of possession of drug paraphernalia.

Marks, who police records report had more than 6 ounces of marijuana in his possession, was sentenced to six months unsupervised probation. He was ordered to pay a fine, restitution and court costs totaling $587.50, to perform 100 hours of community service and to undergo drug counseling.

Hailey Police Chief Jeff Gunter said this week that under the new ordinance, Hailey cops would not have entered Marks' residence in search of contraband.

"We would have just walked away," Gunter said. "We have to retrain officers on how we do things. Pretty much anything else we do now ranks as higher priority. Marijuana on private property ranks below crosswalk violations, traffic infractions, theft."

"This is the first time an Idaho town has taken such a move to decriminalize marijuana offenses," said Ryan Davidson, the Garden City man who got four marijuana legalization initiatives on the Hailey ballot three years ago.

Three of the initiatives were passed by voters twice. They proposed allowing the use of marijuana for medical purposes, legalizing industrial hemp and making enforcement of marijuana laws the lowest priority for Hailey police.

Portions of all three ordinances were redacted by 5th District Judge Robert Elgee, but a marijuana oversight committee was formed and charged with gathering information and making recommendations to the City Council on how the city should handle issues regarding marijuana policy.

In February, the committee decided to pursue a revival of the lowest-police-priority ordinance by asking Mayor Rick Davis to adopt it in some form. The mayor complied, after taking comments from Gunter.

"This is significant because any government action that goes against existing marijuana laws is unusual and represents a sea change in thought," Davidson said.

Seattle, Denver and Missoula County in Montana have similar lowest-police-priority laws, enforced by committees like the one in Hailey.

The Hailey Marijuana Oversight Committee members are Peter Lobb (president), Tom Hickey, Steve England, Joanie Allen and Frank Halverson.

They will meet later this month and make a formal statement in response to the new ordinance.

Tony Evans: tevans@mtexpress.com


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There are 55 comments


The comments below are from the readers of mtexpress.com and in no way represent the views of Express Publishing Inc.
Jake
08/05/10 - 11:00

Is that one of the Village People? Nice moustache, copper!

PJ Stewart – Eureka CA.
08/03/10 - 18:54

1.) This is evident by AMENDMENT XVIII and then the repeal by AMENDMENT XXI of the prohibition of intoxicating liquors.
2.) Article 1 Section. 10. No State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports, except what may be absolutely necessary for executing it’s inspection Laws:
3.) No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.
Why has the states engaged in this "WAR ON DRUGS," who profits from this? Big PHARMA!

Reply to PJ Stewart
PJ Stewart – Eureka CA.
08/03/10 - 19:17

Habeas corpus ad subjiciendum which challenges the arrest if it is unlawful under the U.S. Constitution. Show me the Prohibition!
IT was repealed an NO other Prohibition is ever been enacted! No state has a prohibition..
If there is no prohibition, the the arrests of individuals as a POLICY is a 1343 violation!
The very Definition of vigilantly is that they take the LAW INTO THEIR OWN HANDS!
Law enforcement is trying to re-write the law, infringing upon the rights of the voters, placing conditions that violate the Constitution. Law enforcement has been ignoring the will of the voters. There are political words that define this type of behavior against citizens. Vigilantism, criminal, striking against the government, treason, and PIRACY!
If you are not enforcing law you're enforcing a COL, Color of LAW violation. Such enforcement, violates any one's oath of office. Therefore once a trespasser of the law, always a criminal!
High time we start holding those who owe special duty to the law, TO THE LAW!
NO MORE VIGILANTES!

William Jorgensen – Noraville, Beulah Rd
07/10/10 - 06:43

"A man shall not be condemned by what goeth into his mouth but by that which proceedeth therefrom" ~ Jesus to the Scribes of the Pharises after The Sermon on The Mount!

Robert Blakeley – Hailey,Idaho
07/09/10 - 16:42

I think we will see business as usual in Hailey. The sky will not fall and the world will not come to an abrupt end. What we need next is enforcement of tax laws concerning marijuana. There are already laws written to for tax stamps and a method to disburse them. They are ineffective. There needs to be some regulation in a black industry. Honest weights, verifiable vendors who can held responsible for underage sales, the list goes on. Any industry should have some oversight to keep "them" from ripping off the public in more ways than one. We regulate alcohol,insurance,fences,signs,mining,and gambling, why not any other vice/medicine.

Puff Puff Pass – Nampa, Idaho
07/08/10 - 23:14

I think it's best for everyone if they would just legalize it...... "Way to go Haily, Idaho"! I think I may move there soon.... P.s I smoke regularly, go to school and maintain my grades above a B+ average. Love one another or parish!

Reply to Puff Puff Pass
Mary – Hailey, ID
07/10/10 - 00:33

Is this some sort of Catholic joke gone wrong?

The real health issue
07/08/10 - 13:40

One in every four adults in Idaho are obese, which may seem alarming, but the state has a lower percentage of obese people than 35 other states.

Obesity is determined by using the body mass index—often called BMI—which uses weight and height to calculate if someone is at a healthy weight. Being obese is worse than being overweight.

The worst-off state is Mississippi, where one in three adults is obese, according to the "F as in Fat: How Obesity Threatens America's Future 2010" report put together by the Trust for America's Health and the Robert Wood Johnson Foundation using government data. The report was released June 29.

About 19 percent of Colorado's adults are obese, the lowest percentage of any state. Colorado's score of 19 is the best now, but in 1991 no state had an obesity rate above 20 percent.

But how does Blaine County compare? The F as in Fat report only looks at states and doesn't delve into smaller areas. But another group has looked at the health of all counties in America.

Using this data, 16 percent of Blaine County's population is obese, the best score of any Idaho county and even better than Colorado's average.

Idaho's counties range from 16 percent to 32 percent of people being obese.

County statistics come from a report developed by the University of Wisconsin Population Health Institute and released in March. The Idaho Department of Health and Welfare said the report is the first to rank the overall health of counties in all 50 states by using a standard formula. The institute has ranked Wisconsin's counties but until this year, never the counties of other states.

< < <
The "F as in Fat" report addressed more than just the overall adult population. It also calculated racial groups' and children's obesity rates.

While one in four Caucasian Idahoans are obese, more than one in three blacks and a little fewer than one in three Hispanics are obese. Those figures are all for people 18 and older.

In terms of those ages 10-17, Idaho actually does better than 41 other states. About 12 percent of Idaho children are obese, far better than their parents.

Even though Colorado adults were the least obese, Colorado children are in the middle of the pack, ranking better than 28 other states.

Nevertheless, the Western states of Montana, Idaho, Utah, Wyoming, Oregon and Washington continually place among the least obese in the nation. And southern states are the worst off.

Reply to The real health issue
Bud
07/08/10 - 13:47

What does this have too do with pot?

Reply to The real health issue
Jake Jacoby – Ketchum, Picabo Street
07/08/10 - 14:02

Bud:
By opposing the use of Pot, I was not advocating the use of alcohol.
Go ahead and inhale if you want!
Did your message get erased, also?
Jake

Reply to The real health issue
Bud
07/08/10 - 15:26

Yes, one of my comments referring to your 10:00 martini. I don't know if you even drink. Just having a little fun. Never the less I neither drink nor smoke.

Bud Hookah

Reply to The real health issue
Jake Jacoby – Ketchum, Picabo Street
07/08/10 - 16:56

Bud, I was having a little fun, too, not smoking pot nor drinking! I wonder who erased our messages.
Jake

Reply to Jake Jacoby
Bud
07/08/10 - 13:45

Maybe the same people who erased mine. Did you have anything to do with it? Facts state that drinkers kill more people in one day than a lifetime of pot smokers.

Thanks Bud Hookah

Al Einstein
07/07/10 - 20:58

George Washington grew hemp, so did Thomas Jefferson. It was the hearst corporation behind making it illegal. They owned timberland and papermills that stood to profit handsomely from the ban. Which they did. Last time I checked this was a free country where people were able to make their own decisions.....oh wait a minute.....crap Nevermind.

Reply to Al Einstein
Jake Jacoby – Ketchum, Picabo Street
07/08/10 - 11:10

Dear Al:
George and Tom did not smoke hemp! They used it to tie up their slaves.
This is one of the messages that was removed. I do not believe it is any more inflammatory than the rest of the comments on this pothead subject!
JAKE

Reply to Al Einstein
Anon.
07/08/10 - 23:58

"...In a letter to James Anderson he wrote: "I thank you as well for the Seeds as for the Pamphlets which you had the goodness to send me. The artificial preparation of Hemp, from Silesia, is really a curiosity..."4 A curiosity how?

"...One of the more interesting tidbits from his 1765 diary: "Began to separate the Male from the Female hemp at Muddy hole--rather too late."3 This suggests that he was growing hemp not only for fiber, but for medicinal or recreational purposes. It could be argued that the separation was to enhance the fiber, but the phrase "rather too late" suggests that the female plants had already been fertilized and that he was not pleased. Recreational marijuana is grown sinsemilla to maximize the tetrahydrocannabinol content of the female plants.

"...Whether or not George Washington was a stoner will be left for the reader to decide, he was definitely a hemp proponent. Too bad his influence didn't last. ..."

www.colorado420.com

Reply to Umbrella girl
Anon.
07/08/10 - 08:35
Jake Jacoby – Ketchum, Picabo Street
07/07/10 - 16:28

Why not just have a glass of milk, play tennis, go skiing, etc. Why cloud your mind with evil spirits, thinking everyone else with any sanity is hateful!
Jake

Reply to Jake Jacoby
badger – idaho
07/07/10 - 19:00

life, liberty and the pursuit of happiness...to each their own...it takes all kinds to make a world......

Reply to Jake Jacoby
badger – idaho
07/07/10 - 19:03

(milk makes you fart)

TheChiefsFan – Hailey, ID
07/07/10 - 15:48

Recently, I tried this substance called "Salvia" Completely legal. You can buy it at the local smoke shop... Well, I tried this.. and my FIRST thoughts were.... "This is legal and pot isnt't????" I don't recall any bar fights coming from smoking the "herb"... I don't recall many troubles occurring from "herb". If you are cuaght selling it to minors then YES! charge them. For anyone that wants to know the truth. Try "Salvia" - try marijuana - drink a ton of alcohol.. You figure it out...

Reply to TheChiefsFan
Anon.
07/07/10 - 16:20

Gotta repeat myself. It is illegal because of CELLULOSE. The USA is one of two countries that do not distinguish between the hemp varieties with drugs in them and the industrial varieties, with essentially zero drug content (it is cost prohibitive to chemically concentrate what little drug content might be found in industrial hemp). Here's the link again: www.jackherer.com There is no "conspiracy." It is how business is done in a quasi-fascist country. The drugs issue is a quite literally a smoke screen.

Cora – Sulphur, LA (Soon to be WA)
07/07/10 - 12:38

Every time anyone mentions someone's life being ruined due to drugs, it's almost always simply because they're being prosecuted for them. It's the jail time and forced rehab that ruin everything. The majority of pot smokers are every day 9 to 5's, regular citizens that you'd never even guess. Marijuana is one of the least invasive substances you can take. There are those who can't handle it very well, and probably shouldn't smoke it for various reasons. I personally can't drink coffee because it makes me a little too amped up. DOWN WITH COFFEE! I don't think so. In fact, when I smoke, I usually can't sit for very long...I feel creative, and productive, and usually end up cleaning or making something. It should be a choice among the people whether or not they smoke marijuana or not. Like drinking coffee, or RedBulls, or drinking alcohol. It's not a dangerous drug, and those who say it is are associating it with too many outside influences. Marijuana alone is as harmless as drinking an energy drink. It's just not worth the money that we're spending to send innocent people to jail. THAT is where lives are ruined.
And just so everyone knows, I have one child, a car, a house, a career working with animals and a very happy, responsible life. Thanks guys!

-Cora

maryjane
07/07/10 - 11:42

hateful people: cannabis prohibition is a complete failure. the drug war is a dead horse. stop beating on it. get yr heads out of yr bums!! it's quite hypocritical to accuse potheads of seeing the day through a haze when you all see the day through so much hate!!!

cheers to Hailey for their realistic new ordinance !!

ONE LOVE

Reply to maryjane
james
07/07/10 - 11:53

Mary Jane

Who wrote anything about hate?

I have been around and seen hundreds of pot smokers and drug users in my life. They come in all shapes and sizes. Cannabis prohibition a complete failure? The ones prohibition saved are the ones you don't notice. The ones who go on to go on to achieve a higher goal in life. I have seen a lot of failures to drugs. People young and old whose lives are just plain goofed up. Some of them are wards of the state in many capacities.

I just look at them and say to myself, "thank heavens I did not go down that road".
Have a nice day cause I sure am. No hate here.

Reply to maryjane
maryjane
07/07/10 - 12:10

hey james, take yr rhetoric and shove it where the sun doesnt shine cuz thats where it belongs.

the ones that prohibition "saved"?? RIGHT!! GOOD ONE!! HAHAHAHA!!!! you mean the potheads yr paying to house in jails who are getting an education in meth labs 101 ?!?!?!?! what a FARCE!!!! HA!!!

& that hate u say u aren't spewing: if u can't compromise any of yr reefer madness rhetoric for compassion for cannabis consumers, then YES, i see yr words as HATE. yr words have no basis in reality & are prohibitionist lies meant to prop up the dead-horse drug war.

google and read L.E.A.P. (Law Enforcement Against Prohibition). if you refuse to read what these VERY EXPERIENCED judges and officers have to say abt their FIRST HAND EXPERIENCE w the drug war, then you remain willfully ignorant.

ONE LOVE
PEACE

Reply to maryjane
james
07/07/10 - 12:59

mary jane

Relax, you are getting all riled up.
Go take a hit and calm down.

Everyone can find some cop or judge to back up their spin. I can find 10 times more cops and judges who are against legalization.

Reply to maryjane
Anon.
07/07/10 - 15:59

Many cops are against legalization because they'd lose their jobs or have to re-educate themselves to help people instead of throwing them in jail. Pot growers and dealers don't want it legalized otherwise the price would go down. Both sides make money from the endless "War on Drugs."

Plenty of cops are opposed to the failed policy of prohibition: www.leap.cc/cms/index.php

What part of $1 trillion dollars spent with no results don't people understand?

Reply to maryjane
Anon.
07/07/10 - 16:06

I knew someone who was helped by prohibition. He spent 6 months in a West Virginia prison for two "roaches" in his ashtray. In prison he learned to enjoy sodomy - came out of the closet, so to speak. He also learned every scam in the book from his more experienced prison-mates. He learned how to act in front of the Social Security clerk so he could collect "crazy pay" and not have to hold a job. Yes, sir, prohibition works just fine.

oh
07/07/10 - 11:40

Now we can sit on our couches and watch TV in peace... unless the neighbors call us in for sleeping too loudly.

anonymous
07/07/10 - 10:35

These cops get more creative with their mustaches..jajajaja

Reply to anonymous
Mary – Hailey, ID
07/10/10 - 00:39

You better not be making fun of my man Raul......

Raul is one of the finest men alive, and a peaceful, gentle soul.

Reply to anonymous
Jake
08/05/10 - 10:58

Yeah, he's pretty cool, the way he walks in to Idaho Lumber and stares at me out like I'm on America's Most Wanted. I'm trying to pick out the right tool and I get the "stink eye". Makes me feel real comfortable, like I should be living in D.C.

Jake Jacoby – Ketchum, Picabo Street
07/07/10 - 09:45

Now, all you potheads can start feeding it to your kids so that they grow up to demand stronger drugs. What is wrong with waking up in the morning with a clear head instead of seeing the world through a blue haze! Perhaps you can supervise your kids pot smoking parties and heroine orgies!
Sincerely,
Jake Jacoby

Reply to Jake Jacoby
Rollie D. Fattie – Gimlet
07/07/10 - 13:43

Before I smoked so much pot I used to misspell words like "heroin," and I often would omit the plural apostrophe on a word such as "kids"; but now I live in a blue haze and get everything right when I write. I am a role model for today's youth, except for a slight cough.

Reply to Jake Jacoby
Jake Jacoby – Ketchum, Picabo Street
07/08/10 - 11:02

Rollie:
I guess if I smoked pot, I would have spelled heroin correctly, but I DO know that there is no apostrophe after kids!
So I guess it doesn't make any difference whether I smoke or drink pot or not.
By the way, I am not necessarily against legalizing marijuana, but I am against the use of it! It adds nothing to our society, and those who smoke it have no knowledge of what is going on. Of course, the governments are all for it, since they can add another tax to their coffers so that they can waste your pot smokers' money! Is the apostrophe in the correct place?
Thanks Rollie, Jake

Reply to Jake Jacoby
Rollie D. Fattie – Gimlet
07/08/10 - 12:33

Jake,

So nice to hear from you. (koff, koff) You did fine this time in your reply. Well done! But in your post above, to be correct, you did need the possessive apostrophe: "kids' pot smoking parties." To be ueber-correct, you should have also put a hyphen between "pot" and "smoking" to clarify their role as an adjectivel string modifying "parties." But don't feel bad; it takes many years of blue haze immersion to get as good at punctuation as I am. Light up frequently, toke deeply, and you'll get there! (koff, koff).
Rollie D. Fattie

Reply to Jake Jacoby
Jake Jacoby – Ketchum, Picabo Street
07/08/10 - 13:27

Rollie: You spelled cough wrong! You need more medical pot!

Reply to Jake Jacoby
Jake Jacoby – Ketchum, Picabo Street
07/08/10 - 13:31

Rollie: You are correct about possessive kids'. I didn't notice the second mention, however I am willing to admit my mistakes and I didn't need years of blue haze to admit it! Good luck in your pot smoking!
Jake

Reply to Jake Jacoby
Jake Jacoby – Ketchum, Picabo Street
07/08/10 - 13:36

Rollie:
I keep finding mistakes in your comments. You DO seem to know punctuation, but adjective is spelled "adjective". The haze is getting thicker!
Jake

Reply to Jake Jacoby
Jake Jacoby – Ketchum, Picabo Street
07/08/10 - 13:44

Rollie:
I just realized it was you, Charlie!!!!!!!!!!!!!!
Wow!
Jake

Reply to Jake Jacoby
Rollie D. Charlie – Gimlet
07/08/10 - 14:04

Thank heaven you replied, Jake! Well, when I cough it sounds like "koff." I was doing the best I could with that, and I stand by the sound it makes. (koff, koff) See what I mean? As to the weird spelling of "adjectival," you're right. I was stuffing a Ding-Dong in my mouth when I was working and I couldn't see the screen very well for a minute there. The shame, the shame. Oh, well. I will now roll another Charlie and fire it up. I'd never heard one called a Charlie before but I like it. Thanks, old pal.

Rollie D. Charlie

james
07/07/10 - 09:21

And when it is time to get up and go to work (if you do work)

....oh I am late to work!
.....oh, where are my keys?
.....where is the dog? She has to go too.
.....darn, I know my wallet is around here somewhere.
.....if i just hit the gas, I will make the light.
....did I turn the stove off?
....made the light. Only 30 minutes late.
.....ah, here at last. What will I say this time.
.....Closed? Ah yeah, it's sunday.

Reply to james
maryjane
07/07/10 - 11:52

this doesn't make any sense.
are you conveying an Alzheimer's patient trying to get to work??? lolol!

btw: cannabinoids are neuro-protectant against old age diseases like Alzheimers and dementia.

Reply to james
Bob
07/07/10 - 14:53

What job do you do James. You are drug counseler right, or you are somehow involved with rehab? You manufacture test kits?

pst
07/07/10 - 09:04

This is really great. I thought marijuana was still illegal. I can see not going there to see if they were smoking it, but if they smell it they should have a right to inspect the house. Does this apply if they pull me over for speeding they can't check my vehicle? If they pull me over for speeding and smell alcohol are they going to "walk away"? I don't think so.

Reply to pst
maryjane
07/07/10 - 11:57

alcohol is more dangerous to your body and other people while you are under the influence than cannabis. alcohol is more likely to make a person feel "invincible" and drive somewhere, while cannabis makes a person feel relaxed & more likely to nap it off or eat something than to drive a car anywhere. & walking while on cannabis is actually fun!! ;D

your logic is like swiss cheese. no one ever mentioned anywhere in the article that the same rules would apply for ppl driving under the influence of ANYthing...only that the cops would leave ppl alone in their HOMES. ;)

Sawtooth Rider
07/07/10 - 06:16

Hey, that cop flipped us off ! Lol.

WD the Magnificent
07/07/10 - 06:07

Jeepers, haven't you people seen Reefer Madness. Get real, there are plenty of real issues you should be addressing ... like Carole King's house being for sale and whether to build another grocery store. Tisk tisk!!

Love you all,

WD the Magnificent

Reply to WD the Magnificent
Hailey Resident
07/07/10 - 08:36

Who give a flying' hoot whose overpriced spread is for sale. 95% of the residents in this valley can't afford it anyway. The squabbling over a new grocery store in Ketchum leaves all of us a little tired anyway.

frank
07/07/10 - 01:06

I guarantee you that the potheads will turn this into an article with 100 comments.

badger – hailey
07/06/10 - 22:05

Weed makes your babies have flippers.

Reply to badger
Still Here
07/07/10 - 06:08

Man, have you ever tried to hitchhike with a flipper instead of a thumb? Bummer, man.

Reply to badger
badger – hailey
07/07/10 - 07:34

(It`s hard to keep those little rascals out of the swimming pool).

Reply to badger
Robert Blakeley – Hailey,Idaho
07/09/10 - 16:46

Now that IS funny!!! I laughed out loud at the library and got scolded.

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