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2013 Idaho Attorney General Reports and Opinions 1 (2013)

handle is hein.sag/sagid0086 and id is 1 raw text is: STATE OF IDAHO OFFICE OF THE ATTORNEY GENERAL LAWRENCE G. WASDEN February 20, 2013 The Honorable Ben Ysursa Idaho Secretary of State Statehouse VIA HAND DELIVERY Re: Certificate of Review Proposed Initiative Related to Legalization of Medical Use of Mariiuana Dear Secretary of State Ysursa: An initiative petition was filed with your office on January 22, 2013. Pursuant to Idaho Code § 34-1809, this office has reviewed the petition and has prepared the following advisory comments. Given the strict statutory timeframe within which this office must review the petition, our review can only isolate areas of concern and cannot provide in-depth analysis of each issue that may present problems. Further, under the review statute, the Attorney General's recommendations are advisory only. The petitioners are free to accept or reject them in whole or in part. Due to the available resources and limited time for performing the reviews, we did not communicate directly with the petitioner as part of the review process. The opinions expressed in this review are only those that may affect the legality of the initiative. This office offers no opinion with regard to the policy issues raised by the proposed initiative. BALLOT TITLE Following the filing of the proposed initiative, this office will prepare short and long ballot titles. The ballot titles must impartially and succinctly state the purpose of the measure without being argumentative and without creating prejudice for or against the measure. While our office prepares titles for the initiative, petitioners may submit proposed titles for consideration. Any proposed titles should be consistent with the standard set forth above. MATTERS OF SUBSTANTIVE IMPORT A. Summary of the Initiative The initiative, which is self-titled the Idaho Medical Marijuana Act (hereafter Act), declares that persons engaged in the use, possession, manufacture, sale, and/or distribution of marijuana to persons suffering from debilitating medical conditions, as authorized by the procedures established in the Act, are protected from arrest, prosecution, property forfeiture, and criminal and other penalties under Idaho law. A summary of the Act's provisions, tentatively denominated as Idaho Code § 39-9100, et seq., begins with its purpose, which is: P.O. Box 83720, Boise, Idaho 83720-0010 Telephone: (208) 334-2400, FAX: (208) 854-8071 Located at 700 W. Jefferson Street, Suite 210

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