Wednesday, August 27, 2008

3 Marijuana advocate sues national pot lobby group

Davidson alleges breach of contract by Marijuana Policy Project



by TERRY SMITH




Pro-marijuana advocate Ryan Davidson has filed a lawsuit against a national organization that seeks reform of marijuana laws.

Davidson, a former Bellevue resident, alleges in the lawsuit that the Marijuana Policy Project breached a contract four years ago when it withdrew funding for Davidson's pro-marijuana campaign in the Wood River Valley.

"They pulled the funding after the cities rejected our initiative petitions," Davidson told the Idaho Mountain Express on Tuesday. "They bailed on us and left us hanging."

Davidson, chairman of The Liberty Lobby of Idaho, received a $60,000 grant from Washington D.C.-based Marijuana Policy Project when he moved to Bellevue in 2004 and started his pro-marijuana grassroots movement.

Davidson, who now lives in Garden City, Idaho, said he spent only $16,000 of the grant before it was withdrawn. Since then, Davidson has funded the movement largely on his own.

The lawsuit was filed Aug. 21 in Blaine County 5th District Court. Davidson is seeking the $44,000 grant balance plus interest, attorney fees and unspecified "incidental and consequential damages." Davidson has requested a jury trial.

Davidson filed marijuana reform initiative petitions in 2004 with the cities of Sun Valley, Ketchum and Hailey. All three municipalities rejected the petitions. Davidson appealed the Sun Valley decision to the Idaho Supreme Court, which ruled in his favor in September 2006 and wrote that municipalities do not have the authority to determine the constitutionality of citizen initiative issues.

Since then, Davidson successfully placed marijuana reform initiatives before the electorate in Hailey in November 2007 and again in May of this year. Both times voters approved measures to legalize medical use of marijuana, to legalize industrial hemp and to make enforcement of marijuana laws the lowest priority for the city's police. Voters on both occasions rejected an initiative to mandate that the city tax and regulate marijuana sales and use.

Hailey officials have declined to enforce the voter-approved initiatives and instead are seeking a court ruling on the legality of the initiatives.

Davidson alleges in his lawsuit that the Marijuana Policy Project was aware that he would have difficulties with local government in Idaho and has since ignored his successes in his campaign for reform of marijuana laws.

"They really could have just tried to make it right," Davidson said. "They've done this all over the country and run into problems before, so they should have told someone this would be an issue."

Bruce Mirken, director of communications for the Marijuana Policy Project, described the organization's dealings with Davidson as "difficult interactions."

"As far as I can determine we have not received it yet," Mirken said, referring to a copy of Davidson's complaint.

"I can't tell you anything of substance at this point, but maybe I can after I see it," he said. "Our inclination though is to defend ourselves vigorously."

Davidson, who is not an attorney but represented himself in numerous marijuana court actions, is represented by Pocatello attorney Charles Johnson in his lawsuit against the Marijuana Policy Project.

"I've got a lawyer on this one and he doesn't want me to say too much about it," Davidson said.


http://www.mtexpress.com/index2.php?ID=2005122321

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