cannabisnews.com: Pot Case Heads To State Supreme Court





Pot Case Heads To State Supreme Court
Posted by CN Staff on January 21, 2004 at 10:20:05 PT
By Tom Moran, News-Miner Juneau Bureau
Source: News-Miner 
Juneau -- Alaska Attorney General Gregg Renkes has asked the state Supreme Court to reconsider a decision by a lower court that made it legal for adults to possess as much as a quarter-pound of marijuana in their home."Marijuana is a large and rapidly rising public risk in Alaska, which is why citizens voted to criminalize it in 1990," Renkes stated in a press release. "The people of Alaska have said 'Enough is enough' when it comes to marijuana."
Renkes' appeal to the highest court in Alaska comes in the wake of a landmark August ruling by the state Court of Appeals in the case of a North Pole man convicted of possessing marijuana in his home. The appeals court ruled that a ban on small amounts of marijuana in the home, which became law as part of a 1990 ballot initiative criminalizing cannabis, was unconstitutional. The court concluded that the law of the land is the state Supreme Court's ruling in the 1975 Ravin v. State case, which held that the risks of the personal possession of small amounts of marijuana do not trump Alaskans' right to privacy. Renkes asked for a rehearing of the case, which was denied by the Court of Appeals in November. He petitioned the state Supreme Court to hear the case on Jan. 5, arguing that the Court of Appeals' ruling was based on almost 30-year-old information, that marijuana is more potent now and that attitudes are different. He contends that the social and health risks of marijuana now outweigh privacy rights."Substance abuse is arguably the most significant social problem in Alaska, especially for our children," Renkes stated in the release. "The public's concern about drugs has changed in the nearly three decades since the Supreme Court decided Ravin. The court needs to consider that."Fairbanks defense attorney Bill Satterberg, who is defending the case, argues that Renkes' concerns about marijuana are antiquated and overblown. He contended that more potent marijuana doesn't pose more of a risk, as people simply smoke less of it."They're trying to go back to pre-Ravin, that it's a gateway drug, that it's a killer weed, that it is a gateway to a life of irredeemable crime," Satterberg said. "The studies are actually showing that the cause-and-effect relationship just isn't there."Satterberg also said he believes the Supreme Court will hold to the ruling of the appellate court. "I still think it comes down to a fundamental right to privacy issue," he said. "Many of the arguments the state's citing now are the same arguments that they raised pre-Ravin."Satterberg also is filing his own petition with the Supreme Court to reconsider two issues that didn't fall his way in the Court of Appeals. He's looking for a ruling that would allow for broader use of medical marijuana, and also looking to have the amount of marijuana allowable in a home increased to eight ounces. The Supreme Court can elect to take the case, to ask for more information, or to let the Appeals Court ruling stand. Satterberg said he expects a decision from the court by March 1, and said if the court does take up the matter, a final ruling could be a long way off."If they re-open this door, this thing could go on for months," he said. The entire issue could become moot in November: A measure to legalize marijuana has been placed on the state ballot this year.Source: Fairbanks Daily News-Miner (AK)Author: Tom Moran, News-Miner Juneau BureauPublished: Wednesday, January 21, 2004Copyright: 2004 Fairbanks Publishing Company, Inc.Contact: letters newsminer.comWebsite: http://www.news-miner.com/ Related Articles & Web Site:Free Hemp in Alaskahttp://www.freehempinak.org/State Appeals Legal Pot Ruling http://cannabisnews.com/news/thread18183.shtmlAlaskans To Vote on Pot Legalization in '04 http://cannabisnews.com/news/thread18067.shtmlPot Prop May Go On '04 Ballot http://cannabisnews.com/news/thread17408.shtml
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Comment #8 posted by escapegoat on January 22, 2004 at 14:09:42 PT
Drug Warrior Trading Cards
A while back someone was compliling a list...I know I contributed some names to it. :)
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Comment #7 posted by Virgil on January 21, 2004 at 17:41:05 PT
It is a good idea
It would make a good fundraising gift for NORML or MPP. I think if they were offered on E-bay they would do well if they were numbered or even dated by year. The 2004 series would do well because they would be first and somewhat rare.I think it a good idea for cards. I also think it a good idea for a website.Lieberman is out of money and come Feb 3, Kucinich will be one of 6. If Edwards does not win SC, it will hurt him badly if not doom him on the spot. Sharpton really does not fit in. On February 4th, Kucinich takes on a whole new game. What Kucinich says is important if it is heard. What he says could well effect what people think about the Congressmen they send to Warshington.I went to the Kerry forums at his website and raised the issue of the drug war and how Kerry has sat on the sidelines and contributed to continuing the failure.Under the banner of Kucinich we can raise our issue. The issue of the Kerry Report has not come up at DU but I can assure you that it will on February 4.We do need the playing cards in a bad way and their appearance at NORML or MPP would help us all. If someone would print them and date them, they would at least have a job.
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Comment #6 posted by Max Flowers on January 21, 2004 at 17:19:59 PT
We can call them
"Stoopid Drug Warriorz" trading cards
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Comment #5 posted by Max Flowers on January 21, 2004 at 17:18:27 PT
Virgil I love that idea
No I'm serious, let's create some "Drug Warrior trading cards" with all these jerks on them printed with their ridiculous pompous and illogical quotes. It's not a breach of anything since it will be verbatim quotes and since they are in public life!Then under each quote we'll have a blistering rebuttal that uses truth and logic to blow their blathering right out of the water. Fun for kids--and educational too!I bet these will sell briskly, and I don't need to tell you what they will do for the media profile of these issues! We'll be on TV! And we can donate the proceeds to our favorite cause. What do you say?
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Comment #4 posted by Virgil on January 21, 2004 at 11:44:24 PT
Great letter Max
When you said the AG looked goofy, I had to check it out. I broke out laughing when I saw his picture. You know the cards they passed out for soldiers in Iraq that were so famous? I can see that we are soon going to have cards with elected officials on them with their stupid quotes. If they try to put a card out with Souder's spill on it the print will have to be so small it will have to come with a magnifying glass. The Magnifying Glass Collection alone could easily hit 52 cards.That guy is goofy looking and a card on him might send his stupid butt back home.
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Comment #3 posted by Max Flowers on January 21, 2004 at 11:32:03 PT
Emailed Mr. Renkes, golly gosh I couldn't help it
Couldn't resist sending Mr Renkes an email, which went kinda like this:Mr. Renkes:(quote)
- "Marijuana is a large and rapidly rising public risk in Alaska, which is why citizens voted to criminalize it in 1990," Renkes stated in a press release. "The people of Alaska have said 'Enough is enough' when it comes to marijuana." - 
(end quote)Yeah right, buddy. We'll just see what the people of Alaska really say when the state initiative flies in November. "Large and rapidly rising public risk," my ass. The only risk that you see rapidly rising is the risk of your puritanical and prohibitionist way of life slipping away as people finally gather the strength to take charge of their own private lives through initiative. The 1990 recriminalization occurred fast and shadily and before this giant wave of empowerment to free cannabis had really awoken. Now, you're going to see the backlash my friend. Maybe Renkes you should consider a move to a more repressive state where your drug war comedy routine would get more laughs. Alabama, perhaps?Get used to it buddy, there is a sea change coming and it's called FREEDOM. This is America and real Americans, true lovers of freedom, people who unlike yourself understand the BILL OF RIGHTS know that in a free nation, citizens are free to use a damn PLANT if they so choose. If you would try to throw sick people or for that matter ANY people in jail, cage them for using the flowers of a plant, then you are a sick Nazi and not at all a true American.What kind of disturbed individual would cage a man---break up his family, remove him as the provider for his wife and children, brand him with a criminal record, ruin his life basically, for growing a flowering plant in the privacy of his own home when he has the constitutional right to pursue happiness as long as he hurts no one else? What makes someone have such an extreme lapse in judgment, conscience and decency?? I don't know, but look in the mirror and please let me know when you find the answer, as only you would know. I can't fathom it myself.sincerely,
a true patriot -If you want to write him a nice email too, his address is 
Attorney_General law.state.ak.usIf you would like to see a photo of this confused goofy man, you can marvel at his clueless face here: http://www.law.state.ak.us/department/ag.html
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Comment #2 posted by Max Flowers on January 21, 2004 at 11:06:56 PT
Rinky Dinky Renkes
 - "Marijuana is a large and rapidly rising public risk in Alaska, which is why citizens voted to criminalize it in 1990," Renkes stated in a press release. "The people of Alaska have said 'Enough is enough' when it comes to marijuana." - Yeah right, buddy. We'll just see what the people of Alaska really say when the state initiative flies in November."Large and rapidly rising public risk," my ass. The only risk that this fear-mongering mongrel sees rapidly rising is the risk of his puritanical and prohibitionist way of life slipping away as people finally gather the strength to take charge of their own private lives through initiative.The 1990 recriminilization occurred fast and shadily and before this giant wave of empowerment to free cannabis had really awoken. Now, you're going to see the backlash my friend.Maybe Renkes you should consider a move to a more repressive state where your drug war comedy routine would get more laughs. 
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Comment #1 posted by FoM on January 21, 2004 at 10:21:13 PT
Made a Mistake
I didn't mean to use the medical marijuana icon but I did.
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