MARIJUANA ACTIVIST GETS FIVE-YEAR SENTENCE

TWIN FALLS -- A local medical marijuana advocate was sentenced to prison
Tuesday, but she remained free thanks to a timely appeal by her lawyer.

Kathy Tadlock, who was convicted in September of possessing marijuana with
intent to deliver, sobbed as District Judge Nathan Higer sentenced her to
one to five years in prison. Court bailiffs were ready to take Tadlock into
custody when public defender John Hansen presented his already-written appeal.

Higer allowed Tadlock to remain free on bail during the appeal, but she'll
have to take a drug test every three days. If drugs show up in any test,
Tadlock will go to prison.

Tadlock's appeal brings up three points concerning the trial, which ended
with a jury's guilty verdict:

* It questions Higer's decision to disallow the medical marijuana defense.

* It questions whether Higer was wrong in telling the jury that Idaho law
does not recognize the medical marijuana defense.

* It questions whether the evidence supported the intent to deliver charge
against Tadlock.

Idaho's appellate public defender, who will handle the case from here, can
add other issues to the appeal.

With the threat of prison over her head, Tadlock said she wouldn't use
marijuana during the appeal.

"I'll follow their rules," she said. "I won't like it, but I'll follow
their rules."

Tadlock wore a marijuana sticker to Tuesday's hearing, bearing the words,
"No victim, no crime." During her trial, she said she smokes marijuana
daily to alleviate chronic pain, because she can't swallow traditional pain
medications. If she had her way marijuana would be legal to smoke in Idaho
- -- for medical reasons at least.

She's been openly campaigning to change Idaho's marijuana laws. She is a
founder of the Magic Valley Freedom Fighters, a group which held a rally in
City Park in May to advocate deregulating marijuana.

During Tuesday's hearing, Hansen questioned prosecutor Jill Sweesy's
references to Tadlock's activism. He said Tadlock's beliefs have nothing to
do with the case.

"I have to contest using a person's political beliefs as a reason for
putting a person in prison," Hansen said. "We're not that kind of country."

Sweesy disagreed, saying Tadlock's activities showed her attitudes toward
drugs.

"She's not being prosecuted for her views, but for her acts," she said.

Those acts included keeping nearly a half pound of marijuana, $5,000 in
cash and scales in her bedroom, she said.

Police found those items during a search earlier this year. The
investigation began when Tadlock's former lover, Mark Kennedy, told police
she was selling large amounts of marijuana. Kennedy said during trial that
he made up the story to get revenge.

Tadlock has said all along that she never sold or intended to sell marijuana.

Because of that lack of remorse, in addition to indications that Tadlock
would continue using marijuana, Sweesy recommended a three-to five-year
prison sentence.

Hansen recommended probation or a short prison stay, called a rider, which
gives defendants a chance at freedom after about six months.

Higer said a prison sentence was the only way to deter Tadlock and others
from using and selling marijuana.

"You claim that you're the victim today and there needs to be other
alternatives," Higer said to Tadlock just before handing down the sentence.
"The alternative you chose was to treat your pain and risk prison. That was
your choice."

Earlier Tadlock said she knew having marijuana was illegal, but she was
willing to risk legal troubles so she could have her "medicine."

"A choice between pain and prison is no choice at all," she said.