POT LOBBY APPEALS HAILEY PETITION RULES

Citing a 10th Circuit Court decision, Chandler v. Arvada in Colorado
as precedence, the Liberty Lobby, a Bellevue-based marijuana
legalization advocacy group, has filed a lawsuit in 9th Circuit Court
in Boise claiming that a Hailey city ordinance governing the
initiative process is unconstitutional.

The complaint filed by Liberty Lobby Chairman Ryan Davidson last week
contends that the Hailey ordinance violates due process, which
protects the public's right to propose new laws. The initiative,
planned for the November ballot also in Sun Valley and Ketchum has
become part of a 5th District Court lawsuit between the Liberty Lobby
and the city of Sun Valley.

"A city does not have the right to regulate marijuana laws in the
state of Idaho," Sun Valley City Attorney Rand Peebles said after the
suit was filed.

Legalities of the initiative aside, Davidson argues that the
initiative should be heard regardless. His complaint seeks an
injunction to prevent the city clerk from enforcing a city provision
which requires petitioners to be residents of the city of Hailey.

Davidson argues that Hailey City Clerk Heather Dawson, under the
direction of Hailey City Attorney Ned Williamson, infringed on the
public's right to circulate initiative petitions in the city by not
certifying the petition.

Lost in the debate over whether the Liberty Lobby has received due
process has been the point of the initiative, Davidson said in an
interview Wednesday.

If passed, it would allow the city of Hailey to tax and regulate the
sale of marijuana if lobbyists ever succeed in getting the state
Legislature to legalize the drug. The initiative is geared toward
incrementally decriminalizing the marijuana, Davidson said. In Alaska
for example, it is legal to possess three ounces of marijuana for
personal use, although on a federal level it is illegal. Currently,
Idaho State law declares that possession of three ounces or more of
marijuana is a felony that can bring five years in prison and a
$10,000 fine.

Davidson also seeks damages in his Hailey complaint because a grant he
was awarded by the Washington, D.C.-based Marijuana Policy Project was
cancelled failing to get the measure on the ballot.

"We tried so hard to meet with all the cities in the spirit of
cooperation," Davidson said, voicing his discontent that the
initiative did not see serious legal review by any of the cities.
"They were unwilling to work with us."

Dawson said as clerk she can put an initiative on the ballot if it is
certified properly.

"It's always been a question of form from my perspective. I would
accept a (legal) petition. The constitutional issues and the legality
of the proposed measure would have been dealt with by Ned or city
council," Dawson said, explaining that she had sent Davidson a letter
to that effect. "It could be tested whether the right decision was
made."

Williamson said in his opinion the residency issue has already been
tested in the 9th Circuit Court in the case of Idaho Coalition United
for Bears v. Cenarrusa.

"They are relying on the 10th Circuit case, I'm relying on the 9th,"
he said.