Pot Legal in Alaska Once Again!!!!!!
Posted 04 September 2003 - 09:21 AM
Posted 05 September 2003 - 09:01 PM
Posted 06 September 2003 - 04:07 AM
Imagine having a national flag that bore the image of a snake and read, 'Don't Tread On Me'.
Sorry, but one way or another this state of government is gonna fuck u hard.
Posted 06 September 2003 - 07:14 AM
Posted 06 September 2003 - 08:10 AM
Posted 06 September 2003 - 08:33 AM
Posted 07 September 2003 - 02:34 PM
ALASKA APPEALS COURT LEGALIZES SIMPLE MARIJUANA POSSESSION
Law Enforcement Dazed and Confused, Suffering Denial
"Alaska citizens have the right to possess less than four ounces of marijuana in their home for personal use." - Alaska Court of Appeals, Noy v. State, August 29, 2003
The Alaska Court of Appeals ruled August 29 that Alaska residents may possess up to four ounces of marijuana in their own homes without any criminal or civil penalty. The ruling, which cites a 1975 Alaska Supreme Court finding that the Alaska constitution's privacy provisions protect the personal possession and use of marijuana in the home, once again makes Alaska the only state in the country with legal marijuana in the home. ( After the 1975 Ravin v. Alaska decision, the Alaska legislature eventually removed criminal penalties for possession of less than four ounces, but a 1990 voter initiative cheerlead by then drug czar William Bennett recriminalized simple pot possession. It has taken until now for the appeals courts to rule on a case that challenged the constitutionality of the 1990 vote. )
While sources in the Alaska Attorney General's office told DRCNet the state would appeal the ruling, as of last Friday the Court of Appeals' decision is the law of the land. But Alaska law enforcement, starting with the attorney general's office, doesn't seem to get it. Law enforcement spokesmen asked by DRCNet how they were reacting to the decision responded with a mixture of confusion and determination to keep on arresting domestic pot smokers and possessors.
For police in Anchorage, the state's largest city, it's business as usual. "We are still enforcing the law the way we were before this," said Anchorage Police Department public affairs officer Ron McGee. "As far as that goes, there has been no change," he told DRCNet. "And it's still illegal under federal law," he added.
Greg Wilkinson, spokesman for the Alaska Bureau of Alcohol and Drug Enforcement, told DRCNet bureau representatives were meeting with other state law enforcement officials this week to try to figure out how to respond. "We are approaching this from two angles," he said. "One feeling is that is will be business as usual. The other was that it will not." Busting personal users in their homes is not a high priority, he said, adding that the bureau's focus was on large-scale commercial operations, but that agents who encountered personal marijuana may still act. "The feeling is that we may end up just confiscating the marijuana now," he said. He could not explain on what basis police would seize people's legal property.
And Alaska Chief Assistant Attorney General Dean Guaneli was reading from the same script. "When police come into a home, whether on a domestic violence call or something else, and see marijuana, we are not in a position to tell them to turn their back on it," he told DRCNet. "We are telling the police it is not legal to possess. We will continue to do as we have done, we will file charges and leave it up to the courts."
When Guaneli was asked his position squared with the Court of Appeals' unanimous and unequivocal ruling -- "Alaska citizens have the right to possess less than four ounces of marijuana in their home for personal use" -- he in turn asked, "What does that mean? If tomorrow a new medical study showed marijuana has the same addictive properties for long-term users as cocaine or heroin, does that mean the state is prevented from prosecuting those cases? We've think if we have the chance to go into court, we can show that the reasons for making marijuana possession a crime are important enough to override our constitutional right to privacy," Guaneli argued. "It is not quite right to say this ruling makes it completely legal. If we can go in right, we can get the court to change this."
Unsurprisingly, Fairbanks defense attorney Bill Satterberg, who successfully argued the ground-breaking case as well as other related cases ( http://www.drcnet.org/wol/295.shtml#alaskaruling ), begged to differ with Guaneli's interpretation of the ruling. "Is the possession of less than four ounces of marijuana in your own home legal in Alaska?" he asked. "The answer is, under state law, yes; under federal law, no," he told DRCNet. "We are moving into an area where a state constitution grants greater freedom than the US Constitution." As a practical matter, Satterberg added, federal prosecutions for simple marijuana possession are highly unusual.
But if state and local law enforcement is going to argue that it can make marijuana possession arrests because of federal law, they could be in for some tough sledding, he suggested. "If state law enforcement officers attempt to override state constitutional guarantees to prosecute federal laws, they will be treading on dangerous ground," Satterberg said. "The police need to get some good legal advice. These officers are sworn to uphold the law, and what I'm hearing them say is they're not going to. If the police are saying they are not going to follow state law, I find that incredible."
While Satterberg deemed himself incredulous at the prospect of police recalcitrance, Allan St. Pierre of the National Organization for the Reform of Marijuana Laws ( http://www.norml.org ) was less shocked. "It is not surprising," he told DRCNet. "Certainly, in California and other states, there have been pockets of police that are resistant to living with new marijuana laws."
But police in Alaska have not been abiding by the law since 1990, when a voter initiative recriminalized simple possession in the home, St. Pierre argued. "The 1975 Alaska Supreme Court ruling legalizing personal use of small amounts of marijuana in one's home has been the law of the land, despite the unconstitutional initiative. Since that ruling had never been revisited or overruled, the onus was on Alaska law enforcement to enforce the Supreme Court decision. If the police were to obey the law of the land, they would not have been arresting people for the use of marijuana in their homes. That has always been our position, and this ruling only reinforces our interpretation."
As of last Friday, Alaska has the most liberal marijuana possession laws in the United States. The Alaska Supreme Court would have to overturn its own 1975 decision in Ravin v. Alaska to undo the Court of Appeals decision, and there is little indication it will do so, despite Chief Assistant Attorney General Guaneli's fervent hope that it will find differences between the marijuana of 1975 and the marijuana of today so great as to override the privacy protections the Supreme Court cited.
Visit http://www.touchngo....tml/ap-1897.htm to read the Alaska Court of Appeals opinion online.
Posted 07 September 2003 - 02:56 PM
Posted 08 September 2003 - 06:47 AM
Posted 29 August 2003 - 09:25 PM
This is the way it used to be, until 1991 when it was put to a vote. Then with some shady type results marijuana was made illegal.
One problem.... Marijuana use legally is in the Alaska State constitution. And with anything in the state constitution cannot be overturned by popluar vote!!!
It is now legal again, and even better news than that, the state is now dropping legal cases against marijuana users and even setting some prisoners free in some cases!!!!!!!
Im so excited I could have some facts wrong here, Im going to search now for a news story,
I'm just so damn elated right now I had to get out the word!!!
Posted 29 August 2003 - 09:35 PM
Court of Appeals considering pot case
The Associated Press
JUNEAU (August 29, 6:20 p.m. ADT) - A state law banning Alaskans from possessing any amount of marijuana in their homes was ruled unconstitutional by the Alaska Court of Appeals in a decision handed down Friday.
The appellate court reversed the 2001 drug conviction of a North Pole man and ordered a new trial.
It affirms a controversial 1975 Alaska Supreme Court ruling that weighed the state constitution's strong privacy law against the Legislature's attempts to ban marijuana. The high court determined that possessing less than four ounces of marijuana in the home is legal.
Alaska voters approved a law in 1990 that criminalized the possession of any amount of drug in any location. The Court of Appeals' decision represents the first challenge to that Supreme Court ruling.
Attorney General Gregg Renkes has said he will petition the state Supreme Court for a review. Republican Gov. Frank Murkowski called the court's ruling "regrettable."
David Noy was arrested at his North Pole home on July 27, 2001, after a search of his home turned up five live pot plants, growing equipment and other paraphernalia.
A jury convicted Noy of one count of sixth-degree misconduct involving a controlled substance, a misdemeanor charge of possessing less than eight ounces of marijuana. Eight ounces of pot or less is defined in Alaska law as an amount for personal use, while anything more than eight ounces is defined as an intent to deliver.
Posted 29 August 2003 - 09:46 PM
Posted 29 August 2003 - 09:52 PM
Posted 29 August 2003 - 10:09 PM
I'll take a toke to that!
Posted 29 August 2003 - 11:02 PM
Posted 30 August 2003 - 11:35 AM
once again us citizens will have a place to get away and live as humans should.
Posted 30 August 2003 - 12:03 PM