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Idaho: City Council Snuffs Voter-Approved Pot Ordinances - Jan 24, 2008

Hailey city council members voted last week to nullify the provisions of several voter-approved initiatives seeking to liberalize local marijuana law enforcement.

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Lawmakers alleged that the three initiatives conflicted with state and federal laws and therefore could not legally be implemented by the city. Voters had approved the measures in November.

One of initiatives sought to direct local police to make activities related to the investigation, citation, and/or arrest of adult cannabis users their lowest law enforcement priority. Similar ‘deprioritization’ measures have been enacted in numerous cities nationwide, including Seattle, Washington; Santa Cruz, California; Missoula, Montana; Denver, Colorado; and Columbia, Missouri.

A separate voter-approved initiative sought to exempt qualified medical cannabis users from local prosecution. Similar policies have been implemented in twelve states.

The third measure sought to legalize the production of hemp as an agricultural crop.

Hailey’s city attorney said that the city is not legally required to accept the outcome of voter initiatives.

NORML Executive Director Allen St. Pierre strongly criticized the council’s decision. "Apparently the long-held democratic notion of a government ‘by the people for the people’ no longer applies in Idaho," St. Pierre said. "These lawmakers are willing to cast aside a democratic vote by their own constituents in order to bow at the altar of pot prohibition."

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