Judge Strikes Down Part of Alaska Pot Law

[ReformMaryJaneLaws]

Judge Strikes Down Part of Alaska Pot Law

Not Criminal: Ruling limits impact of new law on possession of small amounts.

Anchorage Daily News; July 11, 2006
By Matt Volz, Associated Press Writer

JUNEAU, Alaska - A judge on Monday struck down part of a new Alaska law criminalizing possession of small amounts of marijuana, saying it conflicts with past decisions by the Alaska Supreme Court.

That means the police won’t be able charge people with a misdemeanor under the new law for possessing less than 1 ounce of marijuana in their homes.

The state Department of Law was expected to quickly file an appeal with the high court.

Superior Court Judge Patricia Collins said a lower court can’t reverse the state Supreme Court’s 1975 decision in Ravin v. State. In that case, the Supreme Court ruled the right to privacy in one’s home included the possession of small amounts of marijuana for personal use.

“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.

Collins granted a summary judgment to the American Civil Liberties Union of Alaska, which sued the state when the law took effect in June.

Collins limited her decision to possession of less than 1 ounce of marijuana, even though the new law increases penalties for possession of more than that amount. Before the law took effect in June, it had been legal in Alaska to possess up to 4 ounces of the drug.

Collins said she limited her decision because the ACLU argued that the only issue in this case is the Legislature’s power to regulate possession of small amounts of marijuana.

“No specific argument has been advanced in this case that possession of more than 1 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 1 ounce of marijuana in their homes,” Collins wrote.

The new law makes possession of 4 ounces or more a felony. Possession of 1 to 4 ounces is a misdemeanor punishable by up to a year in jail. The part the court ruled against was that less than 1 ounce would be a misdemeanor punishable by up to 90 days in jail.

The state Department of Law argued that new findings of marijuana’s increased potency since the 1975 decision justify reconsidering the issue.

http://www.mpp.org/AK/news/12361.mpp

[emagdnim13]

i couldn't believe they were bringing that up again.

though it's good you don't get 90 days for less than an ounce, they made 4 or more ounces a felony and 1 to 4 ounces a misdemeanor punishable by up to a year in jail.


sad to say but it's like 2/3 of a step back and 1/3 of a step forward.


thanks for the news RMJL

[GreenLantern420]

Oh man, I thought they already recriminalized. Atleast an oz is still legal.

[rumandromanism]

I CANT FUCKING STAND ALL OF THESE NEW POTENCY ARGUMENTS! Since when is smoking LESS weed to get the same high a bad thing? How can they justify the law because of that? It's not EVEN justification!

[Floydian]

Originally Posted by rumandromanism

I CANT FUCKING STAND ALL OF THESE NEW POTENCY ARGUMENTS! Since when is smoking LESS weed to get the same high a bad thing? How can they justify the law because of that? It's not EVEN justification!

Think of it bro, none of the reasons they ever made it illegal to begin with were even close to justification. They were either straight out lies, or truths exadgurated to the point of non truths.

This is one of the latter, and it's a sad thing indeed.

But I look at this way; They're running out of scapegoats to keep it illegal. You know it, I know it, and they know it. This is probably in the last 3 ones they'll try making a big stand with, IMO.

[Freakshow68]

Marijuana was made illegal by the cotton industry's fear of how hemp would effect their business. It's all about money

[rumandromanism]

Originally Posted by Freakshow68

Marijuana was made illegal by the cotton industry's fear of how hemp would effect their business. It's all about money

Actually, that was why Hemp is illegal. Marijuana was made illegal because of the country's racist behavior towards Mexicans in the early 20th century.

[420TheCollector]

Originally Posted by emagdnim13

i couldn't believe they were bringing that up again.

though it's good you don't get 90 days for less than an ounce, they made 4 or more ounces a felony and 1 to 4 ounces a misdemeanor punishable by up to a year in jail.


sad to say but it's like 2/3 of a step back and 1/3 of a step forward.


thanks for the news RMJL

The way I see it, at least it wasn't a total step back... That was what I thought they were trying to do- recriminalize it.

I'm never out cruising around with more than an oz, so it's not that big of a deal to smokers like me in AK. It's only hurting the dealers- and that's what they want.

Grow it in your own home- but don't sell it on the streets. That's what they are saying by doing this I think.

And if Florida told me I could do it in the privacy of my own home? I would think I'd died and gone to heaven LOL

[rumandromanism]

Juneau, AK: An Alaska Superior Court judge this week struck down provisions of a new state law seeking to criminalize the possession of small amounts of cannabis in the privacy of one's home. The law, enacted in June, redefined minor marijuana possession as a criminal offense punishable by jail time, and defined the possession of more than four ounces of cannabis as a felony offense.

I think this means that the new law didn't go through.

[sirsm0kesal0t]

Cannabis will be legal. Our generation supports legalization. And who will replace the current politicians? Us. Right now our government is controlled by large buisnesses because we live under such a right-wing-conservative government thet supports big business. The biggest opponent of medical marijuana is the Big Pharmaceutical companies. Marijauana is cheaper and more effective then their medicine and that worries them. Once our generation takes over we will see a big change, so don't worry.

[green4bud]

www.norml.com


i wonder how this will effect the legality of the 24 legal pot plants that were legal before this all started

[darkhabbitt]

Originally Posted by rumandromanism

I CANT FUCKING STAND ALL OF THESE NEW POTENCY ARGUMENTS! Since when is smoking LESS weed to get the same high a bad thing? How can they justify the law because of that? It's not EVEN justification!

The problem is that the claim of the newer more potent pot has not been given a good picture.. i.e. its blamed for mental disorders such as depression and a more acute loss of short term memory, even though independant studies have not found anything to back this up so far, its their claim.