Hailey residents will not be able to use marijuana for medical purposes, despite the fact that voters twice passed initiatives in support of its legal use. Whether they will be allowed to grow it for industrial uses, or get less heat from Hailey police for smoking it, is yet to be seen.
Fifth District Judge Robert Elgee ruled on Monday that a provision in the Medical Marijuana Act, passed by Hailey voters last summer, represents an attempt to pre-empt state law and is therefore illegal. The provision allowed possession of up to 35 grams of marijuana for use by seriously ill people with a doctor’s consent.
Hailey City Attorney Ned Williamson, who is defending the three marijuana laws passed by Hailey voters, argued for the legislative authority of the ordinances, which include policies for instructing police on how to de-prioritize marijuana offenses.
“These policy issues should remain,” he said. “The voters have spoken of their desires and these policies are written to uphold those desires.”
The ordinance allowing for the growing of industrial hemp may have the best hope of surviving the lawsuit.
Industrial hemp is low in mind-altering chemicals, but has many commercial uses, providing durable fibers for use in clothing manufacture.
“We would not at all be offended if the Industrial Hemp Act be allowed to stay on the books,” [said attorney Keith Roark, representing the mayor, councilman, and police chief in their attempt to quash the pro-marijuana initiatives.]
I didn’t have much hope for the medical initiative, but these statements on lowest law enforcement priority (“lo-pri”) and industrial hemp are better than I could have hoped for.
Funny how no local politicians in Massachusetts are going to court to claim that their state decrim law trumps those local recrim ordinances they’re so intent on passing.