The countywide measure, dubbed Initiative 2, was approved by 55 percent of Missoula's electorate in the November election, and calls on authorities to make all adult marijuana crimes a lowest law-enforcement priority, including felony possession, growing and selling.
Until now.
The commissioners scheduled the public hearing in response to a contentious proposal by County Attorney Fred Van Valkenburg, who urged the commissioners to amend Initiative 2 so it excludes felony amounts of marijuana, arguing that voters didn't realize the full range of the measure when they supported it.
In making his case for the amendments, Van Valkenburg emphasized that Initiative 2 is a mere suggestion to county law enforcement, and doesn't change any laws prohibiting marijuana use. He argued that his amendments are true to the spirit of Initiative 2, but draw a simple distinction between misdemeanor and felony amounts - possession of more than 60 grams is a felony.
“The people who advocate this initiative have chosen to turn on me as someone who is trying to thwart the democratic process. But I am trying my best to implement this initiative in a reasonable fashion,” Van Valkenburg said. “If (opponents of the amendments) really want someone in law enforcement to stand up and say they will make marijuana-related offenses their lowest priority, I am willing to do that for misdemeanor offenses. I haven't heard that from anybody else in law enforcement.”
Sheriff Mike McMeekin, on the other hand, has publicly stated he won't impose a new set of priorities on his deputies, and maintains that neither the initiative nor the amendments will affect the way his department operates.
But perhaps what roiled Wednesday's attendants the most was Van Valkenburg's assertion that “a gut feeling” led him to believe Missoula's electorate misinterpreted the ballot language.
“Are you calling the people in this county dumb?” asked Barry Adams. “Are you saying that people didn't read this initiative?”
Other speakers, young and old, implored the commissioners to uphold democracy and respect the will of the people.
John Masterson, chairman of the nine-member committee that oversees implementation of the initiative, said Wednesday's hearing was about more than marijuana use or citizens' initiatives.
“This conversation is about democracy,” Masterson said. “Amending this initiative at this early juncture would betray the trust of the voters. Blaming the passage of this initiative on a mistake insults the voters and the process.”
But Van Valkenburg disagreed, and said his background as an elected official - both as county attorney and as a Montana legislator - has given him a firm understanding of the constituency's wants and needs.
Van Valkenburg then displayed a blown-up map showing that a majority of votes supporting Initiative 2 came from within Missoula city limits, where the measure has no effect. County votes against the measure outweighed those in favor by 10 percent, according to the map.
“This only applies to county officials,” he said. “The city police will go on their merry way.”
The board's lone dissenter was commissioner Bill Carey, who said the county attorney's office should continue using its discretion when processing marijuana cases, and that any amendment would be superfluous.
“I believe we ought to implement the initiative as approved by voters,” he said. “It cannot and does not make them do anything.”
“The county attorney should continue to use his discretion in this regard,” Carey said.
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