Idaho: Medical Marijuana Struck Down in Hailey

By Tony Evans, Idaho Mountain Express

Hailey residents will not be able to use marijuana for medical purposes, despite the fact that voters twice passed initiatives in support of its legal use. Whether they will be allowed to grow it for industrial uses, or get less heat from Hailey police for smoking it, is yet to be seen.

Fifth District Judge Robert Elgee ruled on Monday that a provision in the Medical Marijuana Act, passed by Hailey voters last summer, represents an attempt to pre-empt state law and is therefore illegal. The provision allowed possession of up to 35 grams of marijuana for use by seriously ill people with a doctor’s consent.

Attorney Keith Roark made a motion for summary judgement on Monday aimed at throwing out three controversial marijuana initiatives passed by Hailey voters last year. The initiatives allowed the use of marijuana for medical purposes, legalized industrial hemp and called for placing enforcement of marijuana laws as the lowest priority for Hailey police.

Mayor Rick Davis, Councilman Don Kiern and Police Chief Jeff Gunter filed a lawsuit against the city in May, claiming that the new laws were unconstitutional.

Roark argued on Monday that Gunter and his officers were sworn to uphold state law prohibiting the use of marijuana for any reason, and that deviating from that stance would jeopardize the police department’s ability to obtain federal funding and participate in various drug enforcement activities in the city.

"The chief of police cannot be put in that position," said Roark, who argued that the administrative authority of the mayor and police chief supercedes any supposed legislative authority granted by the ordinances.

"The cities and counties are political subdivisions of the state," Roark ssaid. "No law of cities can conflict with state law. The policy has already been set by the state of Idaho that marijuana use is illegal and should be prohibited."

Hailey City Attorney Ned Williamson, who is defending the three marijuana laws passed by Hailey voters, argued for the legislative authority of the ordinances, which include policies for instructing police on how to de-prioritize marijuana offenses.

"These policy issues should remain," he said. "The voters have spoken of their desires and these policies are written to uphold those desires."

The ordinance allowing for the growing of industrial hemp may have the best hope of surviving the lawsuit.

Industrial hemp is low in mind-altering chemicals, but has many commercial uses, providing durable fibers for use in clothing manufacture.

"We would not at all be offended if the Industrial Hemp Act be allowed to stay on the books," Roark said.

Elgee said he will deliberate further on laws regarding the three initiatives before ruling in a written statement at some time in the future.

"The arguments were well presented, but the issues are subtle," Elgee said before adjourning on Monday.

Source: http://www.mtexpress.com/vu_breaking_story.php?bid=6715