Hailey to Idaho, "Legalize It!"

"This was the least funded campaign in history," says Ryan Davidson of Boise. "I spent maybe 20 bucks. I got the signatures on the petitions on my own dime. I spread the word through e-mail and phone calls and posting on blogs, I printed some fliers off my computer, photocopied them at Kinko's and put them under car windshield wipers on Monday."

In November, Hailey voters passed three marijuana ordinances. Now, the Hailey city council has to sort out the legal situation.

Last night in Hailey the city council met to discuss what they describe as a difficult legal situation; earlier in the month, Hailey voters approved ordinances that would legalize industrial hemp and medicinal marijuana, and make possession lowest police priority. Now, lawmakers have to figure out if the ordinances are legal.

Hailey City Attorney Ned Williams says, “The ordinances do create some problems. No doubt about it.” Williams explained there are at least five major legal obstacles for the ordinances. “The first one I talked about was the Pre-Emption Doctrine. Several provisions conflict with state law and the Idaho Constitution.”

The ordinances also promote advocacy by elected officials, which conflicts with federal employees. Councilmember Carol Brown, whom received the most votes in the election, is a forest service employee.

Brown says, “There would be a perceived conflict of interest because I'm a federal employee, and these ordinances are a direct conflict with federal laws. There are a couple of provisions in federal law that prohibits federal employees from advocating policies that would be contrary to federal policy.”

Idaho's Attorney General is looking at the ordinances to determine their legality. Once a decision has been made, the city council can then move forward.