Town ponders pot victories

HAILEY, Idaho – The City Council says it will wait until at least early January before deciding how to proceed with three pro-marijuana initiatives that were narrowly approved by voters in November.

The initiatives would legalize industrial hemp, decriminalize medicinal marijuana and make enforcing pot laws the city’s lowest police priority. A fourth initiative, to legalize pot outright, fell just short of approval in the Nov. 6 election.

The Idaho attorney general delivered a Dec. 20 report to the central Idaho resort city outlining concerns it has over the initiatives, namely that state law criminalizing pot in all forms can’t be overridden by a municipal ordinance.

In addition, the report says a provision of the initiative requiring city officials to lobby for easing state pot laws could violate their First Amendment rights.

“The bottom line is that they conclude that major issues of the provisions are illegal,” said Hailey City Attorney Ned Williamson, adding the situation is so unique, the council should take its time in figuring out how to proceed.

Williamson said the city may be limited to three choices: Either start litigation over the initiatives, repeal them or amend them.