cannabisnews.com: Alaska Court Ruling Sparks Hope for Pot Advocates





Alaska Court Ruling Sparks Hope for Pot Advocates
Posted by CN Staff on September 03, 2003 at 14:45:50 PT
By Yereth Rosen
Source: Reuters 
Anchorage, Alaska -- Alaska may be moving closer to legalizing marijuana, advocates of the drug said on Wednesday, after an appeals court cited constitutional privacy protections in throwing out a drug possession conviction.Alaska, a vast but thinly populated state with an eclectic mix of conservative and liberal politics, had been the only U.S. state to allow recreational marijuana use until 1990, when a ballot initiative outlawed smoking the plant, a mild hallucinogen.
Last Friday a state appeals court ruled the arrest and conviction of a Fairbanks-area man violated a 1975 Alaska Supreme Court ruling, the Ravin decision, which declared that the state had no right to prosecute people for possession and use of small amounts of marijuana in their own homes.That privacy right supersedes the 1990 voter initiative that re-criminalized marijuana, the appeals court decided."When a statute conflicts with a provision of our state constitution, the statute must give way," the ruling said.Advocates of decriminalizing marijuana hailed the ruling."It's encouraging that the Alaska Court of Appeals had the courage and the wisdom to confirm the Ravin decision," said Timothy Hinterberger, a sponsor of a ballot initiative campaign to legalize marijuana.In the latest case, David Noy was arrested for having several marijuana plants and a supply of harvested marijuana in his home in North Pole, a town just outside of Fairbanks. The appeals court said the state has the option of retrying Noy for possessing more than four ounces (112 grams), the previous standard for private and personal use.With the appeals decision, Hinterberger said Tuesday, Alaskans may be able to reform their marijuana laws without going to another ballot initiative. "Perhaps the legislature can be convinced to address this inconsistency between the statute and the constitution," he said.But State Attorney General Gregg Renkes vowed an appeal, and Gov. Frank Murkowski issued a statement condemning the ruling."Substance abuse continues to have a devastating impact on the people of Alaska and on our communities," the Republican governor said. "It is regrettable that the court of appeals has, in essence, rejected the will or the people of Alaska who re-criminalized the use of marijuana in a 1990 initiative."Alaska voters last weighed in on marijuana laws in 1998, when they made their state one of several that allows regulated medical marijuana use. Source: Reuters UKAuthor: Yereth RosenPublished: September 3, 2003Copyright: 2003 Reuters News ServiceRelated Articles:Governor Concerned about Re-legalization http://cannabisnews.com/news/thread17220.shtmlMarijuana Ruling Smokes Foeshttp://cannabisnews.com/news/thread17189.shtmlAlaska Court: Drug Ban Unconstitutionalhttp://cannabisnews.com/news/thread17184.shtmlPot Case Heads for an Appealhttp://cannabisnews.com/news/thread16912.shtml
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Comment #10 posted by afterburner on September 04, 2003 at 13:03:49 PT:
1959: Alaska & Hawaii Become 49th & 50th States
I wonder if they ever regret that decision in light of the federal War on Some Drugs and the damages done to their populations, economies, and freedom?"Solving Hawaii's ice problem is simply a matter of the Legislature and the police obeying immutable laws of economics. Hawaii has been warned many times to end police state-style marijuana eradication programs such as "Green Harvest" or suffer the unavoidable consequences of a prohibition mentality: The tougher the laws, the harder the drugs." --US HI: OPED: 'Ice' Addiction Is Booming, Thanks To Anti-Pot Efforts 02 Sep 2003 
Honolulu Star-Bulletin (HI) http://www.mapinc.org/ccnews/v03/n1319/a01.htmlego transcendence follows ego destruction, in order to form a more perfect union, one Alaska and Hawaii would be glad to be party to.
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Comment #9 posted by Motavation on September 04, 2003 at 07:43:36 PT:
Thanks Virgil
"Allowing four ounces while on your personal residence is a long way from having cannabis soup down at the lodge. This ruling does not bring us to the Logical Conclusion and legislation is needed or another iniative to head in that direction" said Virgil.Sometimes, examples are the only way to explain things to the (420)Lay men. Thanks for illustating the Bigger Picture.
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Comment #8 posted by Virgil on September 04, 2003 at 03:19:56 PT
Consumption at home v everywhere
Allowing four ounces while on your personal residence is a long way from having cannabis soup down at the lodge. This ruling does not bring us to the Logical Conclusion and legislation is needed or another iniative to head in that direction.
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Comment #7 posted by John Tyler on September 03, 2003 at 18:54:58 PT
in the news
You know what is interesting about these current events is that not too long ago the Bush Adminstration people were strutting and crowing about how the advocates of freedom were sputtering and running out of steam in their movement. But now events have taken another turn. 
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Comment #6 posted by FoM on September 03, 2003 at 18:14:33 PT
mayan
I just don't understand somethings when it comes to laws.
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Comment #5 posted by FoM on September 03, 2003 at 18:10:13 PT
They All Agree on Medical Marijuana
Calif. Gov. Vows New Bond with Voters Wednesday, September 3, 2003 One issue all five replacement candidates agreed on was the legalization of medical marijuana, which contradicts current U.S. federal policy.http://asia.reuters.com/newsArticle.jhtml?type=topNews&storyID=3383711
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Comment #4 posted by mayan on September 03, 2003 at 17:37:50 PT
FoM...
With the appeals decision, Hinterberger said Tuesday, Alaskans may be able to reform their marijuana laws without going to another ballot initiative. "Perhaps the legislature can be convinced to address this inconsistency between the statute and the constitution," he said.FoM, I guess the legislature can now pass a law confirming what the state Constitution already says regarding an individual's expectation of privacy. It doesn't make much sense to me either.Here's an interesting article regarding the threat to the sovereignty of America's sherriffs...General Alert To All Sheriffs:
http://rense.com/general41/eest.htmThe way out is the way in...9-11 "hijacker" ticket bought by white American male:
http://members.aol.com/mpwright9/sting.html9/11 And The Bush Administration - Compelling Evidence for Complicity:
http://www.informationclearinghouse.info/article4582.htm
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Comment #3 posted by Virgil on September 03, 2003 at 17:01:59 PT
We must have prohibition
There are two sides. One side says the Constiturion ruined your total prohibition and now if the legislature acts with sense and quits the crime against the human population with these nonsensical and oppressive laws we will not go to the people and say, the legislature is a bunch of puppets bent on carrying out plutocracy rule despite 66 years of unnecessary suffering and poor and unconstitutional governance. But if the puppets don't cut there strings and continue to let the ventriloquist speak through there corrupted mouths, we will go to the people and make things right. We are going to show those bastards one way or another.The other side whines like brats that their partying days need to continue and cry for prohibition and act like the courts just do not understand the state Constitution. "What do you mean we cannot have our beloved prohibition? We are not suffering. What do you mean suffering? We want prohibition of laughing grass. Without a prohibition of laughing grass our grand prohibition will not have a center pole for our circus. Just look at all the harm that society has from substance abuse.Okay, fuckheads. Let's talk about substance abuse.One, crack down on underage tobacco users and stop that bullshit.Two, make the beer companies put some real warning labels on their product and pay for public education on the substance that warranted the first prohibition.Third, tell people cannabis is the superior alternative to alcohol. If their is a life lesson coming your way, learn it on laughing grass.Fourth, make cannabis soup and encourage vaporizers for tobacco and laughing grass.Is that so hard to understand you bullshiting, lying, treasonous, fuckheads of prohibition?
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Comment #2 posted by FoM on September 03, 2003 at 16:52:58 PT
Friendly Reminder of PBS Program
Starting TONIGHT: September 3rd watch the premiere of the Sacred Balance TV Series on PBS to be accompanied by a live web chat with David Suzuki on September 18th at 4pm PT (location to be announced here soon). http://www.sacredbalance.com/
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Comment #1 posted by FoM on September 03, 2003 at 16:17:41 PT
What Does This Article Mean?
Does anyone understand what they want to do now?
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