AK: Governor Moves to Change Pot Law, Outlaw Small Amounts for
Personal Use

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by Sean Cockerham, Anchorage Daily News, (Source:Anchorage Daily
News)
22 Jan 2005

Possession: A Bill to Outlaw Small Amounts for Personal Use Is
Before the Legislature.

JUNEAU -- Gov. Frank Murkowski on Friday asked the Legislature to
overrule a court ruling that adult Alaskans have the right to
possess marijuana for personal use in their homes.

Murkowski introduced a bill that challenges the state court's ruling
and that would significantly tighten other state marijuana laws --
making a lot more pot crimes into felonies.

"The Legislature finds that marijuana poses a threat to the public
health that justifies prohibiting its use in this state, even by
adults in private," the bill declares.

Everyone expects the fight to go back to the courts if the
Legislature passes the bill. The ruling that made at-home pot
possession of up to four ounces legal for personal use was based on
the right to privacy in the state constitution.

The Legislature cannot change the constitution without a statewide
vote. But the governor hopes the bill and hearings over it will show
the courts that pot is a lot more powerful than it used to be and
that the state has an overriding interest in forbidding it.

William Satterberg, the Fairbanks lawyer who argued the case that
toppled the state prohibition on at-home pot, said he doesn't think
the courts will backtrack.

"Unconstitutional still remains unconstitutional no matter what the
Legislature thinks," Satterberg said.

The Alaska Supreme Court in September let stand a lower court ruling
last year that adult Alaskans have the right to possess up to four
ounces of marijuana in their homes for personal use. The lower court
based its opinion on a 1975 decision, known as Ravin v. State, which
declared the strong right to privacy from government interference
that is guaranteed under the Alaska Constitution outweighed any
social harm that might be caused by the small at-home use of
marijuana by adults.

Ravin remained the law in Alaska until 1990, when voters passed an
initiative outlawing all amounts of marijuana. But last year's court
ruling said a constitutionally protected right -- in this case at-
home pot -- cannot be taken away by an initiative.

Murkowski argues that marijuana is a lot stronger and more harmful
nowadays than in 1975 when the courts said the right to privacy
outweighed the social harm. The governor said the bill he introduced
Friday will help the state make it clear to the courts that this is
the case.

"The bill would provide a forum for the Legislature to hear expert
testimony on the effects of marijuana and to make findings that the
courts can rely on," the governor said in a letter to lawmakers.

Rep. Norm Rokeberg, R-Anchorage and a member of the House
leadership, said the court overruled the will of the Legislature and
Alaska voters when it declared some at-home use of marijuana to be
legal. He said he expects the Legislature will be interested in
taking a good look at Murkowski's bill.

The bill would also make possession of more than four ounces of pot
a felony. The felony cutoff under current law is a pound. The bill
would also make it a felony to give or sell any marijuana to anyone
under the age of 21.

The Alaska public defender's agency said it would need another
$160,000 a year in state funds to meet its increased workload under
the bill.

"We handle 500 misdemeanor drug cases, primarily involving
marijuana," the agency said in a written statement. "At least half
of these would become felonies. Felonies take more work than
misdemeanors."

Pubdate: Sat, 22 Jan 2005
Source: Anchorage Daily News (AK)
Copyright: 2005 The Anchorage Daily News
Contact: letters@...
Website: http://www.adn.com/
Details: http://www.mapinc.org/media/18
Author: Sean Cockerham, Anchorage Daily News
Note: The text of the bill is at
http://www.legis.state.ak.us/PDF/24/Bills/HB0096A.PDF
Bookmark: http://www.mapinc.org/topics/Ravin