Feature: Judge Throws Out Part of Alaska Marijuana Recriminalization Law, Up to An Ounce is Now Legal At Home

Gov. Frank Murkowski's two-year effort to recriminalize marijuana in Alaska hit a roadblock Monday when a Superior Court judge struck down the part of the law he pushed through the legislature earlier this year. Judge Patricia Collins threw out the section of the law that criminalizes the possession of marijuana for personal use in the privacy of one's home, but reduced the exempt amount from four ounces to one ounce. Collins also left intact portions of the law increasing penalties for marijuana offenses.

https://stopthedrugwar.org/files/murkowskiwalters.jpg
propaganda show by Gov. Murkowski and drug czar Walters
In a 1975 decision, Ravin v. State, the Alaska Supreme Court held that the state constitution's privacy provisions barred the state from criminalizing the possession of personal amounts of marijuana in one's home. A 1991 initiative recriminalized marijuana possession, but when that law was eventually challenged in 2004, the Alaska court's upheld Ravin, saying the popular vote could not trump the state constitution.

Ever since, Gov. Murkowski has worked to undo those decisions. Last year, a determined lobbying effort financed by the Marijuana Policy Project (MPP) managed to fend off action at the statehouse, but Murkowski managed to push the bill through earlier this year. Included in the law is a series of "findings" designed to demonstrate that marijuana is so much more dangerous now than in 1975 that the state Supreme Court will have to decide differently when it weighs the issue again.

"Unless and until the Supreme Court directs otherwise, Ravin is the law in this state and this court is duty bound to follow that law," Collins wrote in her decision as she granted summary judgment to the American Civil Liberties Union. The group had filed suit to block the law as soon as it became law in June.

"The drug war has wreaked havoc on the Bill of Rights and the US Constitution, but fortunately many state constitutions still shield individuals from drug war excess," said Allen Hopper, an attorney with the ACLU Drug Law Reform Project. "This ruling is incredibly significant from a national perspective, because there are a number of states with similar privacy rights in their constitutions that may afford protections to adult marijuana users."

"The state of Alaska has charted a different course from that of the federal government's failed policy on marijuana," said Michael MacLeod-Ball, executive director of the ACLU of Alaska. "This ruling affirms Alaska's commitment to fundamental privacy rights over reefer madness."

"We're certainly pleased we at least got a partial victory," said Bruce Mirken, communications director for MPP, which also chipped in on litigation costs. "And we're hopeful the Supreme Court will recognize the nonsensical nature of the findings the state wrote into the law in an effort to override the state constitution. But the court decision still left in place draconian new penalties for larger amounts and reduced the amount one can keep at home. The battle has begun, but it has a ways to go," he told DRCNet.

Alaska Department of Law spokesman Mark Morones told DRCNet the state would be quick to appeal the decision. "We are pleased the judge made an expeditious ruling," he said. "It's always been our position that the issue of the legality marijuana and the privacy debate really do have to go back to the Supreme Court for a final determination of the right to privacy and the state's safety interest in being able to prosecute marijuana cases. We plan to appeal expeditiously," Morones said.

In her decision, Collins explained that she limited it to the possession of less than one ounce because the ACLU argued that the only issue at stake in the case was the government's ability to regulate the possession of small amounts of marijuana. "No specific argument has been advanced in this case that possession of more than one ounce of marijuana, even within the privacy of the home, is constitutionally protected conduct under Ravin or that any plaintiff or ACLU of Alaska member actually possesses more than one ounce of marijuana in their homes," Collins wrote.

Department of Law spokesman Morones took heart in that portion of the ruling. "Our initial interpretation of this case at this point is that Judge Collins' decision makes it clear that the state has the ability to regulate marijuana use in amounts greater that one ounce," he said.

As things now stand in Alaska, possession of an ounce at home is okay, possession of up to four ounces is a misdemeanor, and possession of more than four ounces is a felony. Soon it will be time for the Alaska Supreme Court to definitively resolve the issue -- one more time. Both sides are already gearing up for the appeal, which will go directly to the Supreme Court. According to Morones, the process could take months or perhaps a year. In the meantime, Alaska once again stands as the only state in the nation where people can legally possess small amounts of marijuana.

Permission to Reprint: This article is licensed under a modified Creative Commons Attribution license.
Looking for the easiest way to join the anti-drug war movement? You've found it!

thank you

I would like to thank you for the efforts you had made for writing this awesome article.mutfak tezgahları best regards

For the research ships are

For the research ships are builders who build the mining stations, which bring one of the two main types of resources - energy credits and minerals. The empire is gradually growing, and sooner or later it's time to meet with the brothers in the mind.  And again here all in own way is original. To interact with the alien race, it must first be studied (this is a separate study in the science section) and find a common language. Xylophobic militarians will never get along with xenophilic pacifists, and the materialist is unlikely to listen to the opinion of the religious race (again in the same initial settings of the empire). With neighbors, you can trade, conclude alliances and treaties and, of course, fight. Business is not limited only to developed civilizations: on some planets there are intelligent beings, not yet released into space. And you can interact with them too! The observation station on the orbit of such a planet allows either to remotely study the younger brothers by reason, or to brazenly invade their lives by sending masked agents of influence. The latter in due course will prepare the population for intervention from outside, and at the right time the planet will become another inhabited world of our empire together with a new race. All this is sometimes accompanied by another chain of events: sometimes locals can suspect something is wrong and base their XCOM counterpart against aliens. Play friv games http://www.friv5online.com/fireboy-watergirl-ep-1.html Finally, a primitive civilization can be conquered without ceremony, sending a ship with an amphibious assault, and all the discontented with time to destroy. If, of course, the ethics of your empire allows you to arrange a genocide (there is here and this).

Thanks for sharing the

Thanks for sharing the informative information through the article. and all the details are awesome and good in this post.Refer: happy wheels  free to play!! 

Please treat each other well.

Please treat each other well. Everybody has difficulties that we have to overcome, do not know later but how to live each day happily.

Thank you for sharing

I am so happy to read this. This is the kind of manual that needs to be given and not the random misinformation that’s at the other blogs. basketball games

The sharing forum I have

The sharing forum I have read, the content is very practical, it gives me a lot of useful information, I like the content of your article is great. I hope you will have many new articles to share with readers. word games

Post new comment

The content of this field is kept private and will not be shown publicly.
  • Web page addresses and e-mail addresses turn into links automatically.
  • Allowed HTML tags: <a> <em> <strong> <cite> <code> <ul> <ol> <li> <dl> <dt> <dd> <i> <blockquote> <p> <address> <pre> <h1> <h2> <h3> <h4> <h5> <h6> <br> <b>

More information about formatting options

CAPTCHA
This question is for testing whether you are a human visitor and to prevent automated spam submissions.

Drug War Issues

Criminal JusticeAsset Forfeiture, Collateral Sanctions (College Aid, Drug Taxes, Housing, Welfare), Court Rulings, Drug Courts, Due Process, Felony Disenfranchisement, Incarceration, Policing (2011 Drug War Killings, 2012 Drug War Killings, 2013 Drug War Killings, 2014 Drug War Killings, 2015 Drug War Killings, 2016 Drug War Killings, 2017 Drug War Killings, Arrests, Eradication, Informants, Interdiction, Lowest Priority Policies, Police Corruption, Police Raids, Profiling, Search and Seizure, SWAT/Paramilitarization, Task Forces, Undercover Work), Probation or Parole, Prosecution, Reentry/Rehabilitation, Sentencing (Alternatives to Incarceration, Clemency and Pardon, Crack/Powder Cocaine Disparity, Death Penalty, Decriminalization, Defelonization, Drug Free Zones, Mandatory Minimums, Rockefeller Drug Laws, Sentencing Guidelines)CultureArt, Celebrities, Counter-Culture, Music, Poetry/Literature, Television, TheaterDrug UseParaphernalia, ViolenceIntersecting IssuesCollateral Sanctions (College Aid, Drug Taxes, Housing, Welfare), Violence, Border, Budgets/Taxes/Economics, Business, Civil Rights, Driving, Economics, Education (College Aid), Employment, Environment, Families, Free Speech, Gun Policy, Human Rights, Immigration, Militarization, Money Laundering, Pregnancy, Privacy (Search and Seizure, Drug Testing), Race, Religion, Science, Sports, Women's IssuesMarijuana PolicyGateway Theory, Hemp, Marijuana -- Personal Use, Marijuana Industry, Medical MarijuanaMedicineMedical Marijuana, Science of Drugs, Under-treatment of PainPublic HealthAddiction, Addiction Treatment (Science of Drugs), Drug Education, Drug Prevention, Drug-Related AIDS/HIV or Hepatitis C, Harm Reduction (Methadone & Other Opiate Maintenance, Needle Exchange, Overdose Prevention, Pill Testing, Safer Injection Sites)Source and Transit CountriesAndean Drug War, Coca, Hashish, Mexican Drug War, Opium ProductionSpecific DrugsAlcohol, Ayahuasca, Cocaine (Crack Cocaine), Ecstasy, Heroin, Ibogaine, ketamine, Khat, Kratom, Marijuana (Gateway Theory, Marijuana -- Personal Use, Medical Marijuana, Hashish), Methamphetamine, New Synthetic Drugs (Synthetic Cannabinoids, Synthetic Stimulants), Nicotine, Prescription Opiates (Fentanyl, Oxycontin), Psilocybin / Magic Mushrooms, Psychedelics (LSD, Mescaline, Peyote, Salvia Divinorum)YouthGrade School, Post-Secondary School, Raves, Secondary School