Alaska marijuana court victory

-----Forwarded Message-----
>From: Allen Hopper <ahopper@aclu.org>
>Sent: Jul 11, 2006 11:00 PM
>To: aro@drugsense.org
>Subject: ARO: Alaska marijuana court victory
>
>Adults Have Privacy Right to Use Marijuana in the Home, Says Alaska
>Judge in Landmark Ruling
>

>ACLU Wins Multi-Year Battle to Protect Alaska Residents From Drug War
>Excesses
>
>
>FOR IMMEDIATE RELEASE
>
>July 11, 2006

>
>CONTACT: Daniel Berger, (917) 602-2445; media@aclu.org: <mailto:media@aclu.org>
>
>JUNEAU - In a landmark ruling, an Alaska state court judge has upheld
>adults' right to possess and use small amounts of marijuana within their
>homes. The American Civil Liberties Union, which challenged the law,
>said the ruling confirmed that the state constitution protects adults
>who use and possess marijuana in their homes from police surveillance,
>searches, arrest and prosecution.
>

>"The drug war has wreaked havoc on the Bill of Rights and the U.S.
>Constitution, but fortunately many state constitutions still shield
>individuals from drug war excess," said Allen Hopper, an attorney
with
>the ACLU Drug Law Reform Project. "This ruling is incredibly
significant
>from a national perspective, because there are a number of states with
>similar privacy rights in their constitutions that may afford
>protections to adult marijuana users."

>With the court's ruling, Alaska remains the only state in the nation in
>which adults are legally free to possess and use small amounts of
>marijuana within their homes.
>
>"The state of Alaska has charted a different course from that of the
>federal government's failed policy on marijuana," said Michael
>MacLeod-Ball, Executive Director of the ACLU of Alaska. "This ruling
>affirms Alaska's commitment to fundamental privacy rights over reefer
>madness."

>The ACLU filed suit against the State of Alaska after it passed a law
>earlier this year that would have re-criminalized adult use and
>possession of small amounts of marijuana within the home. Since 1975,
>the Alaska Supreme Court has repeatedly ruled that the state
>constitution's privacy provisions protect adults' possession of small
>amounts of marijuana in the home, and the state court's ruling relied in
>part on those decisions. A similar law was proposed in 2005 by Governor
>Frank Murkowski, but failed to pass following testimony by
>international, national and state scientific experts that adult use of
>marijuana is no more dangerous today than it was in 1975.
>
>In the 1975 ruling, the Alaska Supreme Court ruled in Ravin v. State
>that the state constitution's right to privacy protects adults who use
>and possess marijuana within the home from criminal prosecution.
>

>Judge Patricia Collins of the Juneau Superior Court relied on the Ravin
>decision to reaffirm that the relatively minor dangers associated with
>adult possession and use of small amounts of marijuana within the home
>do not justify government surveillance and searches of homes or criminal
>prosecution. Her ruling was issued late yesterday.
>

>The State of Alaska argued that since the 1975 Ravin decision, marijuana
>has become more potent and dangerous, justifying a revisiting of the
>Supreme Court's previous ruling. Judge Collins disagreed, stating in her
>opinion that the "[Ravin] decision is law until and unless the
supreme court takes contrary action."
>
>
>The ruling is online at:
>www.aclu.org/drugpolicy/decrim/26112lgl20060711.html
>
>The ACLU's legal papers are available at:
>www.aclu.org/drugpolicy/decrim/26060lgl20060630.html: <
>http://www.aclu.org/drugpolicy/decrim/26060lgl20060630.html>

>
>Additional background information on ACLU of Alaska v. State of Alaska
>can also be found at:
>www.aclu.org/drugpolicy/decrim/26076prs20060630.html: <
>http://www.aclu.org/drugpolicy/decrim/26076prs20060630.html>
>

>
>Allen Hopper
>Senior Staff Attorney
>ACLU Drug Law Reform Project
>1101 Pacific Avenue, Suite 333
>Santa Cruz, CA 95060
>831-471-9000
>831-471-9676 (fax)
>ahopper@aclu.org
>www.aclu.org/drugpolicy

Funny how they say it is a 'landmark ruling'. It may have been a landmark ruling back in 1975, but the courts have reaffirmed ravin vs AK for years. In fact there is nothing landmark about this because the lower courts can't even change this law. I may be wrong but I am pretty sure this is the case.

The law where they tried to recriminalize marijuana posession was the Methijuana bill. They were like 'Meth is bad, we are going to make stiff penalties.......oh yeah and pot is illegal again too'. They just added the pot thing in to a bill for Meth. Nice try you republican fuck, but you can't just change a supreme court ruling like ravin vs AK that easy. Good thing the ACLU sued the state.

http://www.news-miner.com/Stories/0,1413,113~7252~3345733,00.html

fucking republican fuck Murkowski

I do agree there is a meth problem. That shit is wacking people out.

A step in the right direction on thin ice.

actually it is a step backwards. We used to be able to have 4 ounces in our own home. Now it is only 1.

The ice isn't so thin in alaska, but this global warming thing is sure thinning it up.

3rd largest icefield in the world is in southeast. Right behind Antartica and Greenland.

well... a couple weeks ago they weren't going to let you have any...
good news is good news.... keep your chin up :smile:

FUCK MURKOWSKI is damn right!!

last year I was in a Mat-su valley home when DOW and AK state troopers showed up for a moose poaching on the property.

the moose was shot in a neighbors yard...and died on friends property.

my friend has a greenhouse w/ less than 8 plants ....the cops and dow saw it.

they said they had no warrent and no reason to be there other than the dead moose...and they openly said they couldent get a warrent due to "ravin vs ak"

they all smiled gave props and left

homie cut his plants ....and threw them in a river that day...but was never asked about them again.

...even the cops know they cant touch a hobby/personal use guy in Alaska.

I hope this doesnt change.

I hope it doesn't either yukon

ACLU got some sht done! Lets clean up San Diego and show these counties not to fuck with the sick and disabled!

Funny thing is, I'm not a resident of Alaska, but feel very strongly about the Ravin decision. It's just one more thing to add to Alaska's uniqueness. One more thing to make it that much more special.

I just read the NORML newsletter and about had a heart attack. Good for you folks!!! Now all you have to do is convince those fucking retards that voted for Fuckface the Republican that republicans are mean nasty people who only want the world to work their way. I'm sure there are some exceptions, but they don't get elected.

Good for you guys, I can't say it enough - CONGRATS!!!

I had emailed NORML a few months back and asked them about the laws up there. I was trying to convince my wife to move up there, but she won't budge. They wrote back and said that (at the time) 4 oz and 25 plants in your home for personal. Can you still have the plants legally?

Best wishes

^^ my brother just got back from a month-long trip to alaska.. and is now making plans to move there in the next few months. he absolutely fell in love with the state. he said the cost of living wasn't as high as he thought it would be.

"Possession of less than 25 plants is protected under the Alaska Constitution’s right to privacy (See Ravin v. Alaska). Possession of 25 or more marijuana plants is “Misconduct involving a controlled substance in the fourth degree” and is punishable by a fine of up to $50,000 or five years in prison."

http://www.norml.org/index.cfm?wtm_view=&Group_ID=4522

mean mr.mustard said:

well... a couple weeks ago they weren't going to let you have any...
good news is good news.... keep your chin up :smile:

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Lets not get confused here. This is bad news. If you cut your dick off accidentally a couple weeks ago, a dick you have had since 1975, then yesterday the doctor says 'Good News, we found 25% of your dick and can sew it back on'. It may be good news that you still have part of your dick, but in general it is still bad news that your dick was cut off in the first place and you don't have all of it anymore.

In the whole scheem of things, having 1 ounce now instead of 4 like the last 30 years is bad news. It may be good news compared to last week, but that is how the MAN wants you to think.

Take a lot, then give a little and put up a bunch of hype and hopefully the people will only remember you giving.

mars2112 said:

^^ my brother just got back from a month-long trip to alaska.. and is now making plans to move there in the next few months. he absolutely fell in love with the state. he said the cost of living wasn't as high as he thought it would be.

"Possession of less than 25 plants is protected under the Alaska Constitution’s right to privacy (See Ravin v. Alaska). Possession of 25 or more marijuana plants is “Misconduct involving a controlled substance in the fourth degree” and is punishable by a fine of up to $50,000 or five years in prison."

http://www.norml.org/index.cfm?wtm_view=&Group_ID=4522

Click to expand...

I love Alaska too. You will find that it is more expensive to live there then you think. Everything adds up.

We get a lot of people that come up in the summer and fall in love with the place. Tell him to come up for a month in the winter and see if he still loves it as much. I don't know your brother obviously so maybe the winter isn't a problem for him. I just see a lot of people move up after seeing the summer here and then as soon as winter hits they usually move back down south. Making a trip in the winter can save a lot of moving costs.

If he can hack all the rain, wind, sleet and snow then he will love it there. The amazing summers will reward him. If he skis or snowboards then even better.

pico said:

I love Alaska too. You will find that it is more expensive to live there then you think. Everything adds up.

We get a lot of people that come up in the summer and fall in love with the place. Tell him to come up for a month in the winter and see if he still loves it as much. I don't know your brother obviously so maybe the winter isn't a problem for him. I just see a lot of people move up after seeing the summer here and then as soon as winter hits they usually move back down south. Making a trip in the winter can save a lot of moving costs.

If he can hack all the rain, wind, sleet and snow then he will love it there. The amazing summers will reward him. If he skis or snowboards then even better.

Click to expand...

funny you should say this.. i spoke with him last night and he is going up this winter to stay for a while to make sure he can handle the winter and darkness. he lived in new england for many years but alaska is a notch higher than the nor'easters they get there.. thanks for the info! (he works for red cross in disaster areas so he's a pretty tough guy)

What area is he thinking of moving to?

anchorage.. he wants to go to grad school at U of A.. he spent the month of june travelling around alaska (and the yukon and arctic circle) but he likes anchorage and visited the university and likes their environmental science & technology program..

ok so this thread turns into a "moving to ak" thread.

1st off I do tend to "defend" alaska alot.

and having lived in AK for a LONG time I have some "sound advice" for new residents.

when u tell most people that your from alaska...they have TONS of generalzations.

u cant generalize alaska...no matter how hard u try...its just to immense and diverse.

north of the matsu valley ...yeah it get pretty cold and somewhat dark in the winter....but NOTHING like Nome (wich is about the distance from texas to minnesota) ...so generalize that. (minnesota isnt at all like texas)

anchorage area and south ..which is a big area that includes the gorgeous kenai pen. ...and farther south the tongass NF area (junea, ketchikan, petersburg....etc) fairly normal light in the winter (6+ hrs a day w/ a couple hrs of dusk on either side of that)...its not bad at all.....weather is warmer in the winter than colorado (a good lower 48 state to use as a perspective) and cooler in the summer than colorado.

lots of rain tho.

winter in alaska rules...all the tourists are gone and it turns into Alaska again (alaska is the "disneyland of the north" during summer)

cost of living isnt really as bad as peeps make it out to be....Ill break a few things down and use kenai area as reference )anchorage would be close on most things except maybe a bit more on rent...but I dont like anchorage....or any "city" for that matter.

-rent: 1 bedroom cabin or house w/ water, elect, and phone...600/month....350/month w/out the water and elect (yes thats an option alaska)

-food: most stuff is not more than about 10% higher than what they cost in the lower 48. (exception is dairy stuff: milk, cheese, ice cream, etc)...its actually about 30-50% higher than the lower 48....get deep in the bush and the general stores are about 400% higher....yeah were talking 1/2 gallon of milk for 6 bucks (and I drink over 3 gallons of milk a week).... may need a dairy cow ...or learn ta drink "goat milk"

most Alaskans are hunters and fishermen...and that makes up a HUGE difference in the grocery bill.

we pay far fewer taxes than most states

..and we get a perm. fund check every year for our share of the oil revunes generated by the pipeline.

Living in Alaska will change you ...I dont care who u are or where u come from.

some changes surely for the good ...some others will see as "not good" (being happy w/ isolation for example)

going to anchorage...or even almer/wassila is a great first step to moving to AK

If you try to move to somewhere remote like kodiak, seward, homer (damn i love homer), talkeetna.....you probably wont make it. u might in the summer, but once winter..the AK residents are the ones that get/keep the jobs. thats just how it goes.

gardening in ak is also a big thing in the valley....you can grow and can food for the whole year.....and herbs too...but a green house helps w/ that.

holler back if any questions regarding this post....or otherwise.

Nice info on AK. I might take a trip up there one day to check it out. It sounds awesome.

Would an ounce of hash get around that whole one ounce of marijuana deal? Because that wouldn't be that bad of an alternative.

pico said:

Lets not get confused here. This is bad news. If you cut your dick off accidentally a couple weeks ago, a dick you have had since 1975, then yesterday the doctor says 'Good News, we found 25% of your dick and can sew it back on'. It may be good news that you still have part of your dick, but in general it is still bad news that your dick was cut off in the first place and you don't have all of it anymore.

Click to expand...

This is about the funniest thing I've read on here since the site came up...

pico said:

In the whole scheem of things, having 1 ounce now instead of 4 like the last 30 years is bad news. It may be good news compared to last week, but that is how the MAN wants you to think.

Take a lot, then give a little and put up a bunch of hype and hopefully the people will only remember you giving.

Click to expand...

Unfortunately this is one of the least funny things...because it's true.

I can't believe that you understand that the most of the rest of us have no legal leeway, and yet you say it's horrible that you have a little freedom instead of a lot. Some of us don't have any freedom to possess cannabis.

I'd liken it more to a parent taking all your cookies away and then giving you two of them while your friend looks on (who has never had a cookie) while you eat them and complain you don't have more.