Marijuana: Idaho Balks at Town's Pot Initiatives

Last month, voters in tiny Hailey, Idaho, approved three municipal initiatives that legalized medical marijuana, cultivation of industrial hemp, and ordered the city to make enforcement of state and federal marijuana laws the lowest law enforcement priority. Now, city officials have delayed acting on the initiatives, and Idaho's attorney general says the first two initiatives conflict with state law and are invalid and the third "is likely not an allowable subject for an initiative, and therefore invalid."

In the brief written by Deputy Attorney General Mitchell Toryanski, Toryanski said that in addition to conflicting with state law, the initiatives were also problematic on free speech grounds and because they affected the constitutional division of powers between the state and municipalities.

In the brief, Toryanski wrote that: "The Idaho Constitution guarantees that 'every person may freely speak, write and publish on all subjects, being responsible for the abuse of that liberty. The right to free speech includes the right not to speak.'"

Toryanski also cited Idaho case law on the division of powers to invalidate the lowest law enforcement priority initiative, noting that "while subjects of a legislative nature were allowable for local initiatives, subjects of an administrative nature were not."

"None of this surprises me in the least," Hailey city attorney Ned Williamson told Sun Valley Online. "There are at least three issues, three problems with the initiatives."

"The provision in the initiatives that require you guys to advocate for changes in law violate your freedom of speech and freedom of political discretion," Williamson said, referring to the requirement imposed on city officials to attempt to persuade officials in other cities, the county and anyone else to promote legal use of marijuana.

"The bottom line is that major provisions of the initiatives are illegal and are invalid," Williamson said. "It coincides with what I said in the past, and we have to decide how to proceed." Williamson said the city can choose between litigating, repealing or amending the initiatives.

Now, city officials have put off any decisions even on whether to move ahead with the oversight committees mandated by the initiatives. No word yet from the Idaho Liberty Lobby, the group that sponsored the initiatives.

Permission to Reprint: This article is licensed under a modified Creative Commons Attribution license.
Looking for the easiest way to join the anti-drug war movement? You've found it!

Will of the People

City officials In Idaho should be made to realize that if enough votes exist to pass a marijuana decriminalization initiative in their own communities, then there are also enough potential votes to knock them out of office should they fail to act as true representatives of the people. Certainly the marijuana issue is an excellent opportunity for a few marijuana friendly citizens to run for public office in Hailey and other local towns where city officials are proving recalcitrant.

Economically, the Sun Valley ski resorts that sustain Hailey and other small, nearby communities would benefit greatly from a pot friendly environment. Ski fans are likely to forgo Utah and other nutbag fascist enclaves in favor of tourist accommodating resorts that see no point in ruining their customers’ good time.

Another thing that might help the Idaho political situation is if the proponents of the marijuana measure can somehow manage to focus more outside attention on the anti-democratic activities of Idaho state and municipal prosecutors trying to quash the initiatives. It really doesn’t matter that the issue is marijuana decriminalization. Nothing embarrasses Idahoans more than being depicted as dumb hicks and fascists by the national and international media.

Giordano

my hick home state iowa

we Iowans legalized medical pot, but don't have the guts to finish the job so it could protect me to grow my own pot so i don't have to send hard currency to foreign countries for dope. It is so false to have passed a law and then stalled its installation into effect. No wonder we are known as a hick state. Idahoans? is that what you want for yourselves, too?

Cannabis

There are so many of us sick & dying here in Idaho who use and need Cannabis for our Pain, I lived in Wa. State and have a Doctors Med. Cannabis papper, but it is useless here in Idaho.I like so many others have to live in fear, and after useing all the othe D.E.A. approved pain meds. That Do Not Work, I can have a Qulity of Life Now, Thanks To Cannabis.If all the Cannabis users would make a stand and get of of hidding, We could stop worrying about going to jail, just to have a pain free qulity of life.Get Real Get Out.

VOTE

GET OUT AND VOTE THE RASCIALS OUT THE PEOPLE HAVE SPOKEN . IF THEY WANT MARIJUANA LEAGLE SO BE IT ELECTED OFFICALS WHO DONT LISTEN TO VOTERS. ITS BACK TO WORKING AT MCDONALDS FOR THEM FIRE THEM NOW

Freedom

Most people seem to believe in freedom- in many cases- just not outside of their own personal choices.

http://tinyurl.com/36t5vp

Alex

Port Hadlock, WA

Its time to vote them out of office

Everyone should just write the Idaho congress and senant let them know how you feel and get active lets have 10,000 people smoke outs. they can't bust large crowds. lets all organize a smoke out at ISU or in Pocatello Idaho. Everyone who likes pot should show up and toke up. Lets see who is all talk here. Get active stand together.

Post new comment

The content of this field is kept private and will not be shown publicly.
  • Web page addresses and e-mail addresses turn into links automatically.
  • Allowed HTML tags: <a> <em> <strong> <cite> <code> <ul> <ol> <li> <dl> <dt> <dd> <i> <blockquote> <p> <address> <pre> <h1> <h2> <h3> <h4> <h5> <h6> <br> <b>

More information about formatting options

CAPTCHA
This question is for testing whether you are a human visitor and to prevent automated spam submissions.

Drug War Issues

Criminal JusticeAsset Forfeiture, Collateral Sanctions (College Aid, Drug Taxes, Housing, Welfare), Court Rulings, Drug Courts, Due Process, Felony Disenfranchisement, Incarceration, Policing (2011 Drug War Killings, 2012 Drug War Killings, 2013 Drug War Killings, 2014 Drug War Killings, 2015 Drug War Killings, 2016 Drug War Killings, 2017 Drug War Killings, Arrests, Eradication, Informants, Interdiction, Lowest Priority Policies, Police Corruption, Police Raids, Profiling, Search and Seizure, SWAT/Paramilitarization, Task Forces, Undercover Work), Probation or Parole, Prosecution, Reentry/Rehabilitation, Sentencing (Alternatives to Incarceration, Clemency and Pardon, Crack/Powder Cocaine Disparity, Death Penalty, Decriminalization, Defelonization, Drug Free Zones, Mandatory Minimums, Rockefeller Drug Laws, Sentencing Guidelines)CultureArt, Celebrities, Counter-Culture, Music, Poetry/Literature, Television, TheaterDrug UseParaphernalia, Vaping, ViolenceIntersecting IssuesCollateral Sanctions (College Aid, Drug Taxes, Housing, Welfare), Violence, Border, Budgets/Taxes/Economics, Business, Civil Rights, Driving, Economics, Education (College Aid), Employment, Environment, Families, Free Speech, Gun Policy, Human Rights, Immigration, Militarization, Money Laundering, Pregnancy, Privacy (Search and Seizure, Drug Testing), Race, Religion, Science, Sports, Women's IssuesMarijuana PolicyGateway Theory, Hemp, Marijuana -- Personal Use, Marijuana Industry, Medical MarijuanaMedicineMedical Marijuana, Science of Drugs, Under-treatment of PainPublic HealthAddiction, Addiction Treatment (Science of Drugs), Drug Education, Drug Prevention, Drug-Related AIDS/HIV or Hepatitis C, Harm Reduction (Methadone & Other Opiate Maintenance, Needle Exchange, Overdose Prevention, Pill Testing, Safer Injection Sites)Source and Transit CountriesAndean Drug War, Coca, Hashish, Mexican Drug War, Opium ProductionSpecific DrugsAlcohol, Ayahuasca, Cocaine (Crack Cocaine), Ecstasy, Heroin, Ibogaine, ketamine, Khat, Kratom, Marijuana (Gateway Theory, Marijuana -- Personal Use, Medical Marijuana, Hashish), Methamphetamine, New Synthetic Drugs (Synthetic Cannabinoids, Synthetic Stimulants), Nicotine, Prescription Opiates (Fentanyl, Oxycontin), Psilocybin / Magic Mushrooms, Psychedelics (LSD, Mescaline, Peyote, Salvia Divinorum)YouthGrade School, Post-Secondary School, Raves, Secondary School