ANY experienced legal minds explain this please?

A bill is moving through house, senate, judiciary.. governor...Alaska.

Personal Use...
Can someone who knows a thing or 2 please explain what this means...


https://www.icmag.com/ic/showthread.php?t=304516

Text of The Current Bill:
http://www.legis.state.ak.us/PDF/29/Bills/HB0075E.PDF

The Part I want to understand:

* Sec. 2. AS 17.38.020 is amended to read:
10 Sec. 17.38.020. Personal use of marijuana. Notwithstanding any other
11 provision of law, except as otherwise provided in this chapter, the following acts, by
12 persons 21 years of age or older, are lawful and are not [SHALL NOT BE A] criminal
13 or civil offenses [OFFENSE] under Alaska law or the law of any political subdivision
14 of Alaska or bases [BE A BASIS] for seizure or forfeiture of assets under Alaska law:
15 (1) possessing, using, displaying, purchasing, or transporting
16 marijuana accessories or one ounce or less of marijuana;
17 (2) possessing, growing, processing, or transporting not [NO] more
18 than six marijuana plants, with three or fewer being mature, flowering plants, and
19 possession of the marijuana produced by the plants on the premises where the plants
20 were grown, except that not more than 24 marijuana plants, with 12 or fewer
21 being mature, flowering plants, may be present in a single dwelling regardless of
22 the number of persons 21 years of age or older residing in the dwelling;
23 (3) transferring one ounce or less of marijuana and up to six immature
24 marijuana plants to a person who is 21 years of age or older without remuneration;

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If I am understanding this thing correctly, Bolded Text is what is replacing old text and would be the current bill being passed on for the vote, consideration?
Help please.

To me, part of this says only 6 plants, 1 ounce is legal.. 3 flowering, 3 vegging.... then goes on to say 24 is legal, 12 flowering, 12 vegging...
OMG,, this is just confusing!

Sounds to me like they'll allow 24 for households with 4 or more legal adults to grow their own.

oceangrownkush said:

Sounds to me like they'll allow 24 for households with 4 or more legal adults to grow their own.

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except that not more than 24 marijuana plants, with 12 or fewer
21 being mature, flowering plants, may be present in a single dwelling regardless of
22 the number of persons 21 years of age or older residing in the dwelling;

regardless of
22 the number of persons 21 years of age or older residing in the dwelling;

Except the initiative they're working from stated 6 plant per adult.

What they're essentially saying is, "even if you have more than 4 adults in a home, you're still stuck with a maximum of 24 plants per household."

Which is an improvement by 2 x's over what the Senate initially pout forth, stating -12 plants- was max per dwelling, regardless of the number of adults living there.

They are definitely NOT going all 'weed friendly' suddenly.' That much, I'll bet my home on...

But it would not be the first time that questionably-worded legislation led to interesting interpretations of law, or the 1975 Ravin Decision wouldn't exist today.

Denver currently limits plants to 12 per household, regardless of the number of adults. I doubt that it passes constitutional muster, given the language of A64. I can't figure out what the penalty might be, either,for violating this zoning ordnance.

Jhhnn said:

I can't figure out what the penalty might be, either,for violating this zoning ordnance.

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"bailiff, whack that mans pee-pee..." sorry, that should have gone into the "movie dialogue" thread...

armedoldhippy said:

"bailiff, whack that mans pee-pee..." sorry, that should have gone into the "movie dialogue" thread...

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Thanks for that.

It's one of those weird corners of legalization where there's no straight answer, just some amorphous blob of FUD hanging over the issue. I suspect it's just a bamboozle to inhibit folks from fully utilizing their state constitutional rights.

I sent off a query to marijuana@westword.com. Maybe if enough people ask they'll go to the trouble to find the answer.

According to the US Supreme Court in the case of Maybury v Madison:
"Any law repugnant to the Constitution is void".
And then in Miranda v Arizona it said that:
"Constitutiinal Rights cannot be regulated".

From those two rullings & quite a few others, I've personally come to the conclusion that I can do whatever I want to do so long as I do not violate the Rights of others.

How you conduct your affairs is largely dependent upon the knowlege you have & how you understand it.

Some folks act like "just cause it's in the law, it must be il/legal.

It is my opinion & my understanding that the legal system is supposed to be regulating government & business in order to protect We The People from their grip.
The Government is NOT supposed to be in the slave business regulating individuals!
We The People formed this union, not US the government.

alaskalive said:

A bill is moving through house, senate, judiciary.. governor...Alaska.

Personal Use...
Can someone who knows a thing or 2 please explain what this means...


https://www.icmag.com/ic/showthread.php?t=304516

Text of The Current Bill:
http://www.legis.state.ak.us/PDF/29/Bills/HB0075E.PDF

The Part I want to understand:



If I am understanding this thing correctly, Bolded Text is what is replacing old text and would be the current bill being passed on for the vote, consideration?
Help please.

To me, part of this says only 6 plants, 1 ounce is legal.. 3 flowering, 3 vegging.... then goes on to say 24 is legal, 12 flowering, 12 vegging...
OMG,, this is just confusing!

Click to expand...

I saw your other long thread on trying to understand what is happening right now here in Alaska. The only thing that has changed since the new law went into effect is you can now carry 1oz with you anywhere, and give away up to a oz and 6 plants. The ONLY thing the legislature has passed so far is to set up a marijuana control board. Ravin and the supreme court ruling STILL govern the home grow. 24 plants in a house and a qp or less and you won't be busted. Say you have 12 of your plants in bloom and there is more than 4 oz (after drying)hanging on the branches, bam your busted for a commercial op. You have to be a shitty grower to have 12 plants near the end of bloom and not have way over 4 zips dry hanging on them branches. If you want to stay legal right now and you are a halfway decent grower you must run a perpetual where you chop down 1 or at the most 2 plants every 10-14 days. You cannot have a plan where you chop 3-6-12 plants at a time. No way to stay legal chopping that many. Keep your total plant count at 24 and under and never have more than a qp in the house or hanging on the plants in bloom. Pretty simple, I've lived here since the early 70s and have felony MJ busts for way over the limits

stoned40yrs said:

I saw your other long thread on trying to understand what is happening right now here in Alaska. The only thing that has changed since the new law went into effect is you can now carry 1oz with you anywhere, and give away up to a oz and 6 plants. The ONLY thing the legislature has passed so far is to set up a marijuana control board. Ravin and the supreme court ruling STILL govern the home grow. 24 plants in a house and a qp or less and you won't be busted. Say you have 12 of your plants in bloom and there is more than 4 oz (after drying)hanging on the branches, bam your busted for a commercial op. You have to be a shitty grower to have 12 plants near the end of bloom and not have way over 4 zips dry hanging on them branches. If you want to stay legal right now and you are a halfway decent grower you must run a perpetual where you chop down 1 or at the most 2 plants every 10-14 days. You cannot have a plan where you chop 3-6-12 plants at a time. No way to stay legal chopping that many. Keep your total plant count at 24 and under and never have more than a qp in the house or hanging on the plants in bloom. Pretty simple, I've lived here since the early 70s and have felony MJ busts for way over the limits

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Fairly accurate and concise, though in the 1982/83 compromise (HB180/SB190) that determined the aggregate weight limit to be 4 oz., by doing so, and through other cases as well re. arbitrary aggregate weights, it was determined that the legislature may quantify what is and isn't 'commercial weight.'

That, and until the legislature re-writes criminal code for those weights over what the initiative legalized, weights in excess of that revert to Murkowski's and Ramras' 'Methijuana Bill' statutes, passed in about '06. Not that the current legislature is entirely apt to loosen up on the greater weight laws.

One caveat to this, per a conversation with an another educated old-timer currently looking at placing himself on the regulatory board, is that if they assert regulatory powers, rather than a strict focus on statute as the end-all, the board could -potentially- soften some of the Methijuana bill statutes at the greater weights not covered by the initiative..

Final comments re. plant count, production, and weight;

Many municipalities have now -very- conservatively (and possibly illegally) defined what is and isn't public, including on your own private property. In addition to this, the legislature has asserted their authority as a quasi-municipal governing body for all unincorporated/unorganized Boroughs/areas in the State. That's a LOT of area, and the legislature has proven they are not 'weed friendly' to any significant degree.

That said, and assuming then that in most places, outdoor-grown weed, with any semblance of public view, is now illegal, folks are left with indoor only in many cases. Even the Sunshine, Homer, and Juneau areas are apt to be subject to more conservative forces where this question is concerned. And Sunshine (Talkeetna/Trapper Creek areas), for example, voted to the 75th percentile, repeatedly, in favor of taxed and regulated sales, etc. Regardless, they will be subject to the Mat-Su Borough's definition of what is public and permissible.

So, if a person has limited space inside, growing the classic Sea of Green style, with a dozen plants in bloom, and the average plant in that process being under 12:12 at the third internode, etc., it's quite feasible to assume that the person would maybe have their 4 oz. or slightly over from 12 plants. This is all relative to how much space a person has to utilize and what style they're using, rather than '1 plant = 'X' weight in product..

Based on your history, you're obviously aware that 12 14'-tall plants outdoors, potentially equals as much as 36 lbs. of clean and dry bud, depending on variables. 12 SoG plants might render as little as 1/4 oz. each, if started young on 12:12 and kept compact.

NOTE, RESPONSE TO WHAT WAS SAID ABOVE...

http://gov.alaska.gov/Walker/press-room/full-press-release.html?pr=7084

What do you have to say to this?

How much marijuana am I allowed to possess, and where do I obtain it?
Adults 21 years of age and older can possess up to one ounce of marijuana when outside their personal residence. In their private residences, adults 21 years of age and older are allowed to grow up to six marijuana plants, where no more than three are mature and flowering, as well as the yield of those plants in the location where it was grown.
Gift from Another Adult: Adults 21 years of age and older can give up to one ounce of marijuana to other adults 21 years of age and older as long as it does not require any form of compensation. It is illegal to sell (or re-sell) any amount of marijuana without an official business license.
Home Growing: Adults 21 years of age and older are allowed to grow up to six marijuana plants (including up to three flowering plants) in their households. It is legal to possess the yield of the plants in the location where it was produced. In other words, it is legal to privately possess more than one ounce of marijuana in your home IF you grew it yourself. Otherwise, you can only possess up to one ounce of marijuana.
Retail Marijuana Stores: Are not legal until rulemaking concludes and licenses are issued. Operating a commercial marijuana establishment is currently illegal.

alaskalive said:

NOTE, RESPONSE TO WHAT WAS SAID ABOVE...

http://gov.alaska.gov/Walker/press-room/full-press-release.html?pr=7084

What do you have to say to this?

How much marijuana am I allowed to possess, and where do I obtain it?
Adults 21 years of age and older can possess up to one ounce of marijuana when outside their personal residence. In their private residences, adults 21 years of age and older are allowed to grow up to six marijuana plants, where no more than three are mature and flowering, as well as the yield of those plants in the location where it was grown.
Gift from Another Adult: Adults 21 years of age and older can give up to one ounce of marijuana to other adults 21 years of age and older as long as it does not require any form of compensation. It is illegal to sell (or re-sell) any amount of marijuana without an official business license.
Home Growing: Adults 21 years of age and older are allowed to grow up to six marijuana plants (including up to three flowering plants) in their households. It is legal to possess the yield of the plants in the location where it was produced. In other words, it is legal to privately possess more than one ounce of marijuana in your home IF you grew it yourself. Otherwise, you can only possess up to one ounce of marijuana.
Retail Marijuana Stores: Are not legal until rulemaking concludes and licenses are issued. Operating a commercial marijuana establishment is currently illegal.

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I would say the Governor is stating a generically (currently) correct version of our status in limbo (* the limbo created by our worthless legislature failing to do their job wherein writing statute in line with the initiative was concerned).

I would add that the Governor is not the Attorney General, Asst. AG, the District Attorney, or Asst DA. He's just the Governor; Chief Administrator for the State, but unable to change statute single-handedly or leap tall buildings in a single bound..

When someone ends up in court (assuming some unlucky individual gets to be the first guinea pig, and someone -will-), the court will look at the tangled web woven by incorporating Ravin, those weights above the initiative's protected 1 oz (via initiative) and 4 oz. (via initiative as it refers to Ravin), the statutes still in effect from Murkie's and Ramras' Methijuana Bill, and likely come down on the side of -enforceable statute-.. Which is currently quite mottled, due to the factors listed above.

Currently Ravin, as reinforced by the courts and launching from the 1983 legislative compromise, states 4 oz. in the privacy of the homes of adults, barring sales, etc. The initiative only addressed 1 oz. in possession, but made reference to not displacing the significance of Ravin (not that a popular majority vote could displace a constitutional precedent anyway, but what the hell... It's the New Millennium, and the bastards pretty much do what ever they can get away with anyway, right??).

I -seriously- doubt they're going to revert to the 1975 May to 1983 March free-for-all some of us knew and loved.

They will revert to current statute, and anyone thinking the legislature doesn't have the capacity to retain the penalties in the Methijuana Bill for those weights above and beyond those addressed as legal in Ravin or the initiative, or that they can't revisit Ravin, in re-defining what constitutes an arbitrary threshold for 'what is commercial weight?,' hasn't been paying attention; the 4 oz. limit that took affect in March of 1983 was set -by- the legislature as a de facto codification of Ravin.

If, for some sad reason, the legislature decides to re-define Ravin's thresholds from 1983's legislative compromise, we will likely lose. The ONLY thing Ravin said (via then-Chief Justice Rabinowitz) was "small amounts in the homes of adults for personal use." The interpretation of WHAT that means is strictly a matter for the legislature and the voters.

Bill Walker was the City Attorney for the City of Valdez years before he ever had thoughts of running for Governor on an independent ticket; a cannabis-savvy attorney he is not. Nor is he cannabis-friendly. I can -personally- attest to that.