Pubdate: Wed, 05 Mar 2008
Source: Boise Weekly (ID)
Copyright: 2008 Boise Weekly
Contact:  http://www.boiseweekly.com/
Details: http://www.mapinc.org/media/4357
Author: Deanna Darr
Bookmark: http://www.mapinc.org/pot.htm (Cannabis)

CANNABIS CRUSADER

Boise Man Champions Marijuana Laws In Blaine County

For the last four years, one Boise resident has turned  Blaine County 
into a lawsuit-fueled marijuana  battleground.

Ryan Davidson has been a thorn in the side of city  officials in 
Ketchum, Sun Valley and Hailey since he  began his campaign to 
legalize marijuana in one of  Idaho's Democratic strongholds. It 
started with the  30-year-old's desire to make politics a career and 
a chance discovery of the Marijuana Policy Project's  grant program.

He was awarded a $60,000 grant, but less than a month  later, the 
group pulled his funding after giving him  only $16,000.

Still, in the last four years, he took all three cities  to court 
numerous times, managed to get four  pro-marijuana initiatives on the 
ballot-three of which  were passed by voters last year-and is now 
threatening  to put all four initiatives back on the May primary 
ballot in an effort to force city officials to enact  them.

The fact that the initiatives violate both state and  federal law 
hasn't seemed to faze him. In fact, he's  preparing for another round 
of lawsuits under the  auspices of the Idaho Liberty Lobby, his 
one-man  Libertarian juggernaut.

It seems an unlikely path for a Canadian native who  didn't move to 
the United States until 1995. But his  largely self-funded fight is 
far from  typical-especially considering Davidson doesn't smoke 
marijuana himself, doesn't seem to care all that much  about it, and 
had never been to the Wood River Valley  before starting his campaign.

It's the principle he said he's fighting for. He has  lost several 
major lawsuits, had damages slapped on him  by a Blaine County 
District Court for filing a  frivolous lawsuit, and nearly pushed 
himself into  bankruptcy, but one Idaho Supreme Court victory allowed 
him to get his initiatives passed.

Now, as the City of Ketchum is threatening to sue  itself over the 
legality of those initiatives, Davidson  sat down with BW to offer 
some insight into his thought  process.

BW: What got you involved in these issues in the first place?

Ryan Davidson: I thought it had the potential to be a  good career 
for a while-at least for the next couple  years-going from city to 
city doing local ballot  initiatives, sort of paving the way to do a 
state  initiative some time in the future.

What went wrong?

Well, we handed in the preliminary petition to all  three cities, and 
all three cities refused to process  it, surprisingly, because their 
own city code [and]  state code says you hand the clerk a petition, 
they  certify it, they hand it back to you. There's nothing  in there 
that they can look at the substance of the  petition.

What did you do?

I basically filed lawsuits against all three cities ...  I knew no 
attorney would take this case, we had no  money, we were broke, we 
were stranded up there ... so  it's like, "I'm going to do it 
myself." [I] didn't know  what I was doing, I had never filed a 
lawsuit against anyone before. [I] played around in traffic court 
quite  a bit, but that's a different thing. So, I filed a  lawsuit 
against Ketchum in Idaho Supreme Court, I filed  a lawsuit against 
Sun Valley in the local District  Court, and then I filed a lawsuit 
against Hailey in the  federal court under the Civil Rights Act. I 
kind of  figured, three different courts, one of them is bound  to pay off.

Why did you take it this far?

I did this not for marijuana, I did this for the  initiatives process 
. For me, as an initiatives  proponent ... I see the harm that 
befalls initiative  sponsors by having to go through litigation 
before you  can even get your initiative on the ballot.

Litigation is like the death of the initiatives  process, and if the 
court or the government makes it so  that your opponents can take you 
to court before you  can even get the initiative on the ballot, it 
kills  you, and it means that only people with a lot of money  that 
can survive a legal challenge can ever get an  initiative on the 
ballot. So I just saw that as a huge  policy issue that we need to 
take litigation and this  kind of crap out of the initiatives process.

How have you been funding all of this?

Just out of my own pocket. I work a low-paying job at a  hospital and 
I spend a lot of time on these lawsuits  ... so I'm just poor.

Why marijuana law in particular?

As a Libertarian, I basically disagree with the war on  drugs in 
general. I think in a perfect world, in a free  country, Americans 
should have the right to decide what  they want to put in their 
bodies, if that's marijuana  or heroine, that's their choice ... You 
have all these  other states that are legalizing medical marijuana. 
It's pretty much a no-brainer to say marijuana should  be legal. That 
really appealed to me as a Libertarian.  It had never really been a 
huge issue on my radar, but  I kind of care about just limiting 
government in  general, but the opportunity to do that as a career 
was the most appealing thing to me.

Why did you push forward when you knew what you were  asking was illegal?

The most important thing to me was that the people be  able to make a 
statement. If you have a city that's  voting to say we should tax and 
regulate marijuana like  alcohol and tobacco, even if you never get a 
valid law  over it, the statement is huge. And it sends a message  to 
the legislators who represent those cities, who can  actually change 
things at the state level. So if you  have city after city saying we 
want to legalize  marijuana, eventually the legislature's going to 
have  little choice but to give the people what they want.

Are you working on other issues?

I'd kind of like to retire from this issue pretty soon.  Actually, I 
have more interest in the initiative  process right now and there are 
a number of laws that  need to be clarified, that the court needs to 
clarify,  so I may be bringing other lawsuits to clarify the 
city  and county initiatives process.

Will you stick with this case?

If [the cities] do file the lawsuit, somebody needs to  intervene as 
a party and say this lawsuit is bullshit,  you can't have the city 
suing itself where both sides  want the same outcome. That would take 
up a lot of my  time. I'd probably be willing to do that, then 
campaign  a little bit for the initiatives in May, if that  actually 
still happens. But after that, I need to move  on to stuff that puts 
food on my table.
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MAP posted-by: Jay Bergstrom