By John Davidson, Frontiersman Reporter Source: Frontiersman Mat-Su -- Next week at the polls, voters could make Alaska the first state in the country to completely decriminalize marijuana, setting a precedent for other states and emboldening prohibition opponents nationwide. Passage of Ballot Measure 2 -- the third ballot initiative since 1998 to deal with the decriminalization of marijuana -- would remove all civil and criminal penalties under state law for Alaskans over age 21 who possess, use, sell or give away marijuana. The initiative would also enable state lawmakers to tax and regulate the plant as they do with alcohol and tobacco. Not surprisingly, Ballot Measure 2 has been awash in controversy since it hit the ballot. On Monday, Anchorage Superior Court Judge Mark Rindner ruled that Lt. Gov. Loren Leman violated his obligation to conduct state elections impartially when his office drafted the statement of opposition for Ballot Measure 2 and had a doctor sign it before it was included in the official state election pamphlet. Although Rindner concluded there is no way to fix the problem without causing confusion at the polls and violating laws against campaigning at polling places, he did issue a declaratory judgment stating Leman crossed the line of impartiality when he allowed his chief of staff to write the opposition statement to a ballot initiative. Sponsors and opponents of ballot measures are allowed to submit statements for or against ballot initiatives. The statements are included in the state's official election pamphlet, which is prepared by the lieutenant governor's office and mailed out to some 300,000 Alaskans every election year. This year, when no statement in opposition to Ballot Measure 2 was submitted, Leman's chief of staff, Annette Kreitzer, drafted one and sent it to Dr. Charles Herndon, who signed the statement after making almost no changes to it. Last week, the Yes on 2 Committee, a group sponsoring Ballot Measure 2, filed suit against Leman for interfering in the election process and violating his role as an impartial manager of state elections. Yes on 2 sought a declaratory judgment that Leman's actions were improper and unconstitutional and a mandatory injunction that signs be posted at polling places informing voters that no statement of opposition was submitted for Ballot Measure 2. Although no law specifically prohibits the lieutenant governor from writing election pamphlet statements, Rindner stated in his ruling that Leman had violated a portion of Alaska Statute 15.10.105, which says, "it is essential that the non partisan nature, integrity, credibility and impartiality of state elections be maintained." Tim Hinterberger, associate professor for the University of Alaska's biomedical program and a sponsor of Ballot Measure 2, said he and his colleagues at Yes on 2 are pleased with the ruling. "It confirms what we've been saying all along, that the lieutenant governor was playing politics with this ballot measure," Hinterberger said. "That's not the way he should be running his office. He's heard it from us, now he's heard it from the judge, and hopefully he'll hear it from the people." In a statement released Monday, Leman said he is satisfied Rindner's ruling confirmed that no laws were broken as a result of his office's actions. Leman also defended Kreitzer's reputation and character, although Kreitzer was never attacked or mentioned in the lawsuit or press releases from the Yes on 2 Committee. Outside the courtroom, groups on both sides of Ballot Measure 2 are stepping up efforts to sway Alaskan voters as Nov. 2 draws near. Last week, Alaskans Against the Legalization of Marijuana and Hemp released the results of a poll that found 59 percent of registered voters oppose the initiative, while 35 percent support it and 6 percent are undecided. But Yes on 2's recent poll found that only 50 percent opposed the ballot measure, more than 41 percent favored it and 7.5 percent were undecided. Hinterberger said polling data about Ballot Measure 2 can be misleading because many supporters of the initiative are young people who are less likely to be represented in polls because they live transitionally, use cell phones or have no phone at all. Another group, Alaskans for Rights and Revenues, last week released the results of a study that found marijuana prohibition costs the state more than $28 million a year. The study, by Boreal Economic Analysis & Research in Fairbanks, also estimated the state could generate $10 million-$12 million annually in tax revenues if marijuana were taxed similarly to the way alcohol and tobacco are. Hinterberger said the lost revenue from taxes, as well as the costs associated with prohibition, are burdens Alaskans can do without. "We're throwing away $28 million every year arresting people who make a legitimate, adult choice to use marijuana," Hinterberger said of the study. "We're subsidizing crime by forcing marijuana onto the black market." Source: Frontiersman, The (AK) Author: John Davidson, Frontiersman Reporter Published: Friday, October 29, 2004 Copyright: 2004 The Frontiersman Contact: editor@frontiersman.com Website: http://www.frontiersman.com/ Related Articles & Web Site: Yes on 2 Alaska http://www.yeson2alaska.com/