cannabisnews.com: Pot Prop May Go On '04 Ballot 










  Pot Prop May Go On '04 Ballot 

Posted by CN Staff on September 26, 2003 at 09:25:36 PT
By Timothy Inklebarger, The Juneau Empire  
Source: Juneau Empire  

Pro-marijuana advocates got a boost this week when Anchorage Superior Court Judge John Suddock ordered Lt. Gov. Loren Leman to accept almost 200 initiative signature booklets rejected in January on "trivial rule violations."The initiative, which would decriminalize private use of marijuana for those 21 and older, could make it on the ballot for the 2004 general election, if certified by the Division of Elections.
Initiative sponsors submitted nearly 50,000 signatures for certification on Nov. 14, 2002. But the following January, Leman rejected 194 of the 484 signature booklets submitted by the initiative sponsors.The rejected booklets represent more than 40 percent of the signatures gathered by initiative sponsors, leaving the petition 7,045 signatures short of its 21,737 goal.Leman threw out 188 of the booklets because those who collected the signatures did not fill out sponsor accountability reports, identifying who collected the signatures. Each book holds about 150 signatures.Three booklets were rejected because those collecting the signatures were not registered to vote.Another booklet was rejected because the circulator did not check a box on the front cover stating he was paid to collect the signatures. Two other booklets similarly were rejected because they did not identify the name of the organization paying the circulator to collect the signatures.Girdwood's Scot Dunnachie, a campaign manager for the initiative, said the petition was thrown out on technicalities."By regulation, I was supposed to turn in an accountability report saying who I passed the books out to," Dunnachie said. "They should have fined us for it. Instead they just didn't count the signatures."On Tuesday, Judge Suddock agreed."Our Supreme Court has reiterated on several occasions that the right to initiative is not to be defeated by technical rule violations," the court decision read.It also notes that while the Division of Elections might not have deliberately hindered the sponsors, it also did nothing to alert them about the filing errors."The Court is hesitant to find on this record that the Division of Elections lay as a snake in the grass, knowing that the initiative committee was at risk by virtue of its reporting errors ... However, the Division was, at least, asleep at the switch," the decision states.But Dunnachie said he suspected that Leman rejected the initiative because of his own personal philosophy against legalized marijuana."We anticipated some type of adversity from Loren Leman," Dunnachie said, noting that it was one of the reasons they collected so many extra signatures. "I do feel that there was something personal there. It is rare that an initiative is thrown out over a regulation."Leman denied the claim that he was not impartial in the decision."That's incorrect," he said from his Anchorage office. "I have certified initiatives that I don't agree with, and I have not certified initiatives that I do agree with."Leman acknowledged that he does not support the initiative but said his personal opinion was not a factor in the decision.When asked if the Division of Elections maintains the same level of technical scrutiny for every ballot initiative signature booklet Leman said: "I don't know. I assume so."Leman noted that he was not personally involved in reviewing the signature booklets."I can't tell you how they scrutinize every single booklet," he said. "I believe they are fair and honest."The Alaska Department of Law has until Oct. 23 to decide whether it will appeal the decision, according to Department of Law Spokeswoman Theresa Woelk. If it does, the case will go to the Alaska Supreme Court.Note: State court reverses decision to reject pot initiative signatures.Source: Juneau Empire (AK)Author: Timothy Inklebarger, The Juneau Empire Published: Friday, September 26, 2003Copyright: 2003 Southeastern Newspaper Corp.Website: http://www.juneauempire.com/Contact: letterstotheeditor juneauempire.comRelated Articles & Web Site:Free Hemp in Alaskahttp://www.freehempinak.org/Marijuana Initiative May Make Ballot http://cannabisnews.com/news/thread17405.shtmlJudge Orders Leman To Reconsider MJ Initiativehttp://cannabisnews.com/news/thread17402.shtmlMarijuana Initiative Sponsors Suing Statehttp://cannabisnews.com/news/thread15306.shtmlLeman Disqualifies Marijuana Petitionhttp://cannabisnews.com/news/thread15194.shtml 

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Comment #17 posted by E_Johnson on September 27, 2003 at 23:02:37 PT
It ends with a lot of singing
Freude schone Gotterfunken, tochter aus Elysium,Wir betreten Feuertrunken himmlicher dein Heiligtum.Deine Zauber binder wieder, was die Mode streng geteilt.Alle Menschen werden Bruder, wo dein sanfter Flugel weilt.Here is the English:Joy, the beautiful daughter of Elysium,We climb drunk with fire to your heavely temple.Yout magic will bind together what the times have torn apart.All men will become brothers who take shelter beneath your protective wings.
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Comment #16 posted by Duzt on September 27, 2003 at 12:42:19 PT
Freedom Fighter
The last initiative was written very poorly allowing 18 year olds to buy (which I personally think should be 19,or after high school, but its not good for an initiative) and it called for the release and restitution to all prisoners currently serving for cannabis only offenses. The new initiative makes the age 21 and removes the prison aspect which is fine because anybody in prison after this passes could probably appeal their conviction based on the fact that that the law that put them there doesn't exist. It failed 61% to 39% last time but this time there is a very different political environment and more people will vote so I think it will pass. It will be close but my prediction is it passes with 53%.
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Comment #15 posted by freedom fighter on September 27, 2003 at 12:26:13 PT
Duzt
If you can, what are the chances with this 2004 initiative?pazff
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Comment #14 posted by Dankhank on September 27, 2003 at 08:13:46 PT
Ode to Joy
FFYou'd recognise it if you heard it ...
I know there is a hymn using this melody.
Hey RIAA bite me I got a copy and am listening now ...
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Comment #13 posted by freedom fighter on September 27, 2003 at 01:06:22 PT
E_j
What does ode to joy sound like?Sorry, I had to ask..;) pazff
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Comment #12 posted by E_Johnson on September 27, 2003 at 00:03:58 PT
Another symphony
In Memory of the Victims of Fascism, by Shostakovich.
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Comment #11 posted by E_Johnson on September 27, 2003 at 00:02:30 PT
Does anyone like the Ode to Joy?
My favorite soundtrack to this stirring advanture of ours is Beethoven's Ode to Joy, which was about the struggle by Europe to get rid of Napoleon, and the joy everyone felt after it was over.
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Comment #10 posted by Marc Paquette on September 26, 2003 at 18:10:05 PT
Yes, you are right but
Hi Escapegoat and Friends;Yes, these are the exact words of Section 7, but in Parker it translated to what I have said. It's just a clearer explanation but equals the same. If I would have said it exactly with the same words, not as much people would have understood it's meaning. Thanks for clearing it up Pal.Peace,Marc
http://www.medpot.net
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Comment #9 posted by FoM on September 26, 2003 at 15:39:17 PT
Thank You Duzt!
Now it makes more sense. I think Alaska is so beautiful. I wish the good people of Alaska the best of luck! We are winning!
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Comment #8 posted by Duzt on September 26, 2003 at 15:14:36 PT
the initiative
the initiative goes much further than the current law of 4 oz's in the home. With the initiative you will be able to buy and sell in coffeshop like settings, grow industrial hemp, do medical research or anything else you want with it. The state would also be able to tax it's sale or you could just grow your own and there are no limits on how much. The initiative there goes further than any have so far in the U.S. It would create policies even more liberal than the Dutch and would end all prosecution. They need the initiative, if it passes (it will as it is very well written this time) Alaska will be our Amsterdam, just much prettier and with even better laws.
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Comment #7 posted by escapegoat on September 26, 2003 at 14:18:54 PT
Section 7, Charter of Rights and Freedoms
Actually, Section 7 of the Chater says:7. Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.
Canadian Charter of Rights and Freedoms
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Comment #6 posted by mayan on September 26, 2003 at 14:03:32 PT
Let The People Speak
Isn't the state going to appeal the court's decision? If this does get on the ballot & passes there will then be no disputing the will of the people...barring the *sshole feds.This is unrelated, but here are a couple of links, including one for you Kucinich fans out there... Kucinich, Maloney and Sanders Go After Cheney: 
http://www.fromthewilderness.com/free/ww3/092503_go_after_cheney.htmlDIEBOLD GOES POSTAL, CONFISCATES PERSONAL DATA ON VOTING ACTIVISTS! 
http://whatreallyhappened.com/dieboldpostal.html
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Comment #5 posted by FoM on September 26, 2003 at 13:12:03 PT
Wolfgang
If it's legal why do they need an Initiative?
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Comment #4 posted by WolfgangWylde on September 26, 2003 at 11:52:46 PT

I'm just trying...
..to figure out how one writes an entire article on a marijuana decrminalization initiative without once mentioning that the State Supreme Court legalized possession of 4 ounces in the home.
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Comment #3 posted by Marc Paquette on September 26, 2003 at 10:51:41 PT:

The Right to Survive is the most important factor
In Canada's laws we have something called the Canadian Charter of Rights, and within it's Section 7, the law states: "The right to chose the substance of our choice in order to survive and without fear of prosecution." Marijuana never ever killed yet and none can prove it does which would represent a danger to society at large if it would kill, but instead, it brings relief and improves the quality of lives of the sick and dying and, when you improve quality of lives, you increase the quantity of lives also. Marijuana also has some recreational aspects and advantages also. If you are a tobacco and marijuana smoker, chances are that the antioxidant properties in the cannabinoid called CBD, which is found in marijuana, avoids tumour growth and destroys cancer cells also. This is all proven. But our authorities say it's more dangerous or as dangerous as crack, alcohol or other hard drugs which KILLS! Then it's time to use more than 40 years of research on cannabis in the States, plus all the research that was done in other countries, and prove at the United Nations and the highest courts that they were wrong in creating a cannabis prohibiton and abollish it once and for all!Peace,Marc 
IT'S TIME TO MAKE OUR HIGHEST COURTS UNDERSTAND
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Comment #2 posted by FoM on September 26, 2003 at 10:30:37 PT

Excerpt from Article from WBALChannel - 9-26
Another new law will dramatically reduce penalties for people charged with violating marijuana laws who can convince judges they were using marijuana for a legitimate medical purpose. The maximum punishment under the law is a fine of $100 with no jail time. Gov. Robert Ehrlich signed the bill in May despite White House pressure to veto it. "Certainly, we received a lot of pressure form the (Bush) administration" to veto the bill, Ehrlich said on the day he approved it. But he said he had a long record of supporting the use of marijuana for medical purposes. Advocates of medical marijuana say it relieves nausea for many people undergoing treatment for cancer and can help alleviate symptoms of other illnesses such as Crohn's disease, multiple sclerosis and AIDS. Bruce Mirken, communications director for the Marijuana Policy Project in Washington, said Maryland's approach of eliminating all criminal penalties except a small fine is unique. Eight states have laws legalizing medical marijuana. "It's certainly not the ideal answer," Mirken said. But he said the law "at least keeps the threat of prison away from people who can document they have a legitimate medical need." http://www.thewbalchannel.com/politics/2513977/detail.html

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Comment #1 posted by Jose Melendez on September 26, 2003 at 09:46:12 PT

Right.
"Our Supreme Court has reiterated on several occasions that the right to initiative is not to be defeated by technical rule violations," the court decision read.I'll bet if I stand on a corner with a sign marked "free marijuana" and collect signatures someone will try to defeat my right to initiative, using all sorts of technical rule violations.
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