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Idaho Court Says City Can't Block Legalization Question
October 3, 2006

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News Summary

Voters in Sun Valley, Idaho should have the opportunity to vote yes or no on a marijuana-legalization question in November, the Oregonian reported Oct. 1.

The Idaho Supreme Court ruled that the question could go on the ballot, turning back attempts by local officials to block the legalization measure. The city of Sun City had rejected a petition for getting the marijuana question on the ballot saying that it was invalid because it was contrary to state law. But the high court unanimously ordered the city to consider the measure, saying that the question of legality would be decided in the courts if the measure passes.

"The city protests that if the clerk cannot halt unconstitutional initiatives any group could submit petitions for any number of outlandish causes," Supreme Court Justice Roger S. Burdick wrote. "While it is true that many such initiatives could be proposed, sorting through the substance of proposed initiatives to separate the wheat from the chaff is not the role of the city clerk."

The Sun City measure would allow marijuana to be grown, sold, and used in the city, and directs city officials to press state leaders to legalize the drug. It also would make enforcement of marijuana laws the lowest priority for local police. 

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