Hailey eases up on possession of pot

After city voters twice backed looser marijuana laws, the mayor orders police to back off. The Blaine County sheriff, however, isn't playing along.

BY DAN POPKEY - dpopkey@idahostatesman.com

Copyright: © 2010 Idaho Statesman

Published: 07/08/10

Mayor Rick Davis hopes he's found a solution to a three-year conflict between city leaders and citizens about how Hailey enforces Idaho's anti-marijuana laws.

"I find this whole thing a real pain in the keister, if you want to know the truth," Davis said Wednesday.

Davis was forced to find a remedy after voters twice endorsed lax enforcement and a judge upheld a citizens marijuana oversight committee that law enforcement feared would interfere with Blaine County Drug Task Force investigations.

"I was trying to find a way to appease those who voted for making marijuana enforcement the lowest priority and at the same time keep my officers following their oath of office," Davis said.

Hailey Police Chief Jeff Gunter says Davis struck the right balance. "It's what the votersvoted for, and we still are able to do our job," he said.

The change means Hailey police will look the other way if they have evidence of misdemeanor possession of pot by an adult, if unconnected with any other crime. Idaho law defines misdemeanor possession as less than 3 ounces.

The debate began when former Idaho Libertarian Party Chairman Ryan Davidson of Garden City filed four initiatives on the municipal ballot. Davidson is now an Ada County Republican precinct committeeman.

Said Davidson: "It proves that for an issue like this it takes a long time to get something accomplished, but it's a step in the right direction."

He said he has no plans for initiatives in other cities but will back Moscow GOP Rep. Tom Trail's effort in the 2011 Legislature to legalize medical marijuana.

In November 2007 and May 2008, Hailey voters passed three of Davidson's initiatives: legalizing industrial hemp, decriminalizing medicinal marijuana and making enforcement of pot laws the lowest police priority. Voters twice defeated a fourth measure legalizing marijuana outright.

Mayor Davis, Chief Gunter and City Councilman Don Keirn sued to challenge the initiatives. Fifth District Judge Robert Elgee ruled in 2009 that cities cannot pre-empt state drug laws. But he left standing a citizens marijuana oversight committee.

Davis appointed the committee, but he couldn't stomach its recommendation for citizen review of all Hailey marijuana arrests. "It created a lot of problems," he said.

Blaine County Sheriff Walt Femling feared he'd have to kick Hailey out of the countywide anti-drug task force. "If we started opening up our files to cases we're working to a marijuana oversight committee - I mean, it's just crazy."

Femling is satisfied Davis' solution can keep Hailey in the task force but says his officers will still investigate misdemeanor pot possession in Hailey. "We'll continue to do what we do."

Femling remains troubled by the lenient message in a county where students report a higher level of marijuana and alcohol use than the state and national averages. An antidrug education effort, the Blaine County Drug Coalition, has "done a lot of great things," he said. "We're working really hard to make some changes, so this doesn't help us."

Elsewhere, Idaho law enforcement leaders fear the spread of Hailey's idea. "I hope this doesn't catch hold in Idaho," said Soda Springs Police Chief Joe Rice, president of the Idaho Chiefs of Police Association.

Rice said he speaks for himself but plans to raise the issue at the group's annual meeting in September. "I think marijuana is a gateway drug, always has been. And when you start to look at it like it's no big deal, well, then what's next?"

Bingham County Sheriff Dave Johnson, vice president of the Idaho Sheriffs Association, said drug and alcohol abuse underlies the crimes of at least three-quarters of his inmates.

"For a community to make marijuana a low priority, it seems to me they're opening the door wide open to more problems," Johnson said. "Tell me it's not going to hit the streets and kids aren't going to try it if it's out there rampant, like they want to make it in Hailey."

Johnson urged Idaho Attorney General Lawrence Wasden to intervene. "He would be the one to step up and say, 'Enough's enough. We don't need this in Idaho.' "

But Wasden, who earlier opined that the pot initiatives were unlawful, said Wednesday that he must remain mum because he may be asked to offer an opinion on the Davis compromise. "It's best I not say anything in order to protect my ability to call balls and strikes fairly and squarely," Wasden said.

Dan Popkey: 377-6438

Comments

[David Fix]

I saw a report on how Portugal relaxed drug possession laws and NO increase of drug use occurred. In fact, if the reports are to be believed, usage went on the DECLINE. Hmmmm? Similar in many ways to the Neatherlands. Seems they can't find enough bodies to fill the jails so they've closed some. God in heaven I only wish the same could be said here with our Prison Industrial Complex.