The recent passage of three pro-marijuana initiatives in Hailey presents city government with a plethora of problems, city officials stated Monday in a press release.
The issue will put the city at odds with the U.S. and Idaho constitutions, Hailey police stand to lose federal funding for drug law enforcement and one City Council member may have resign. Those are a few of the potential problems cited in the announcement.
City officials stopped short of saying how they will resolve the dilemma, but announced that the topic will be discussed at a City Council meeting on Monday, Nov. 26.
Hailey voters approved three marijuana reform initiatives on Nov. 6: one to legalize medical use of marijuana, another to legalize industrial use of hemp and a third that would make enforcement of marijuana laws the city's lowest police priority.
The electorate voted down a fourth initiative that would have required the city to tax and regulate sales and use of marijuana.
The man responsible for the initiatives, Ryan Davidson, who lives in Garden City and is chairman of The Liberty Lobby of Idaho, said earlier that the Hailey initiatives are part of a wider grassroots effort to reform marijuana laws statewide.
City officials wrote in the press release that The Hailey Medical Marijuana Act conflicts with both state and federal law "and in such circumstances the courts have held that a local ordinance is invalid." City Attorney Ned Williamson said earlier that litigation is likely to ensue from enactment of the measure and will be expensive for city taxpayers.
City officials further wrote that The Hailey Lowest Police Priority Act also conflicts with state law because "Idaho prohibits adoption of legislation that is administrative in nature." Officials further contend that "this act impacts the ability of Hailey police officers to be deputized under federal law and reduces the ability of the Hailey Police Department to receive federal funds for drug enforcement purposes."
The initiatives also present a dilemma for elected officials, particularly Councilwoman Carol Brown, who is a federal employee.
The problem, officials wrote, is that all three of the initiatives require that the city lobby for reform of marijuana laws and Brown is prohibited from doing so under federal ethics laws.
"Council member Brown will have to recuse herself from any discussion of these laws in order to retain her federal position," officials wrote. "Stated differently, council member Brown may have to resign from the Hailey City Council."
City officials further wrote that the lobby requirement may put the city at odds with First Amendment "rights of freedom of speech and political expression."
