[pico]

Mustard- Well here I am offering you a cookie. All you have to do is come over here and get it. Your parent is saying you can't have a cookie in your room, but if you come to the kitchen you can have a cookie. Alaska is the kitchen. Get up here.

Complain? They are slowly taking away our rights....We all should be up in arms.

I am not saying it is totally horrible. It is still great that we are able to have cannabis in our home without worrying about going to jail. I am just saying that this ruling is not 'landmark' nor a good thing. This is a step backwards, that is my point. Another step backwards and we will be in the same boat as you. All it is going to take is another little step. For instance they area appealing the decision right now and going to a higher court. So cannabis might very well be illegal soon in AK.

Once again. It is great that we have lenient cannabis laws. I just am seeing things change for the worse.

[mean mr.mustard]

I'm waiting to see if the kitchen cools down before I consider moving. That's a pretty expensive trip and it'll cost more once I get there... I want to see it worth my while. I have no doubt it's everything I want it to be in terms of solitude and wilderness... I just wonder if it's the new front for conservative drug policy. I also question how fast it will fill up too.

[Hitman]

Ya Baby! I love you Alaska! Keep it cold I'll be there as soon as I can. I'll be older but I'll be fine as long as I can keep the K's cookin indoors in my own muthafukkin Home!

Originally Posted by Hitman

Ya Baby! I love you Alaska! Keep it cold I'll be there as soon as I can. I'll be older but I'll be fine as long as I can keep the K's cookin indoors in my own muthafukkin Home!

Amen brother!!

I'm stuck in Colorado for another year or so....but I'll be back in AK before long.

I own property on Kodiak island and on the kenai pen....and fishing jobs as soon I say yay! (thats what I've always done when living in AK).

I dont care what they do w/ the laws ...I'm gonna do whatever I want ...like I have done all my life anyway. (I have never been friends w/ the government...and I'm not gonna start a friendship now)...legal weed or not.

-yukon

pico,

I agree whole-heartedly with your analysis of how we've lost our rights, not only in Alaska, but in the U.S. as an entire country.

The government would like us to feel beholding for something that we were supposedly born with; our birthrights of freedom, which, in reality, they have rarely done anything other than to restrict and chip away at on a regular basis, almost always in the name of either (faux) "freedom," "public welfare," or "the childrens' futures." (You can rattle 'em off with a good rhythm after a while...) ;^>)

It runs counter to that whole schematic called 'liberty,' defined by the non-Puritan Founders, of which there were many.

But the loss of protection for possession of cannabis as a matter of Privacy under Article I, Section XXII of the Alaska State Constitution is far more severe in scope and history than merely dropping from 4 oz. to 1 oz.

Neither the May 1975 Ravin Decision, or the legislative decriminalization that occurred roughly 10 days before then-Chief Justice Rabinowitz's ruling in Ravin, had -any- aggregate weight restrictions, plant-count limits, or separate scheduling for resin/hashish. And before March of 1983, a person could have up to an oz. on their person in public, providing that it wasn't publicly used or displayed (we blew that one pretty badly, frankly... no pun intended...)

The 4 oz. restriction, the criminalizing of -all- public possession, and the 25 plant limit (technically 24, if I'm correct, as 25= BINGO!) all came into effect in March of 1983 in a compromise that was clarified in HB 180 and SB 190. It has since been referred to as the Codification of Ravin; something that the legislature had the authority to do under Rabinowitz's ruling, but which had been avoided or delayed since 1975.

Then-Representative Ramona Barnes and Senator Ed Dankworth (a former commissioner of public safety) had tried for years to assault Ravin head-on, just as Murky just finally completed doing. Those two bills were an alternative to Barnes' and Dankworth's more extreme fascism, and called for an adoption of the 1970 Federal Controlled Substances Act, with the exception of creating a new schedule for cannabis and cannabis products.

I could go into specific cases that occurred before that date wherein the courts had ruled to return substantial amounts of weed to their rightful owners, and many other facts re. the actual loss of -real- freedom in the sub-arctic back then, but it would eat up a -whole- lot more space than I've already used. Suffice it say that there was once a time in Alaska that 50 lbs. in a greenhouse in the front yard didn't get so much as a knock on the door, even in the red-neck Interior of this State. Those days are long gone now.

And suffice it to say that the agreements that we had with our delegates in this State from those 1982 and 1983 hearings have gone the way that most government promises go as well.

This fights not over with yet. There will, almost guaranteed, be full-scale evidentiary hearings at the State Supreme Court on this matter, and you can bet that both sides are gonna' rock 'n' roll hard on this one.

The problem with a civil suit, however, is that the proverbial playing field is wide open for arguments that would never occur in a criminal court; everything from social learning theory to community standards will likely hit the carpet, as well as all of the more common scientific arguments and quasi-scientific drivel, including the new supposed 'link' to psychosis.

Re. any assertions that cops are/were visiting out-door greenhouses in Alaska, and departing the scene without repercussion, it -may- have happened under specific and limited circumstances in the Mat-Su. Hell, anything's possible! But rest assured that in the Interior, and any parts of South Central that I'm personally aware of, where I know many, many persons, and for a long time now, having been here for about three decades, out-door grows are and were being busted. That's a fact.

They are enforcing Ravin to the letter, and that means 'in the home.' I wouldn't wager my freedom on an anecdotal circumstance from one incident in the Mat-Su; no sir. A friend once saw a New York State cop smoking a joint while directing traffic at the Watkins Glen show when the Band, the Grateful Dead, and the Allman Bros. played that day, but I'm damned sure not thinking that it'll be o.k. to spark up in front of a N.Y state boy today... I've never had 'self-destruct' tattooed on my forehead.... Well, maybe briefly at age 14, 15, or 16... ;^>)

A final thought on Ramona Barnes. Then-Governor Jay Hammond was quoted by a friend of mine, who's an older gent, and a former legislator from that period of time, as saying in reference to Barnes, during a full legislative hearing of some sort, "Never trust a woman who has her hair done by a welder." There were -lots- of reasons to dislike Ramona. Her prohibitionist and anti-privacy b.s. was just part of her unlikability. ;^>)

Regards,

moose eater

moose eater


great post! btw

the bottom line in Alaska..and u know this.

cops arent bored...and goin after ganja peeps is a stupid waste of time.

anywhere on the kenai pen....cops wont give 1 shit about it.

mat-su valley... generally not a care in the world....unless your a dealer.

kodiak...dont even think about it unless your rural and have a secret indoor spot.

the interior ...i dont know.....i'm sure u can be secret....but yeah there are hillbillies (so be a "leave me the fuck alone alaska hillbillie" and you'll be alright).... and dont sell or tell.

I may just decide in the next several months to go "squat" on an island in "Prince william sound"...all by myelf...and my dog...and just say fuk it for a while.

Social climate does change through those areas, but the Troopers are takin' their orders straight out of Juneau on this issue, as are many of the local P.D.s

They don't like being told what to do. And in their eyes, when 'we' drew the line, and stood up to be counted in re. to violation of state constitution, they see it as us not cooperating with their set of priorities or perception of reality, and their authority (that which they dream that they possess) being dilluted by ne're-do-wells.

After false recrim in 1990, there was a former contractor, turned State Trooper out of Homer (Homer; voted most enlightened community in Alaska by Utne Reader in the later 90s). He won an award for window peeping, looking for cannabis plants, even in small numbers, and busting their owners. Homer; where, in 1978, when I moved there, eating processed cheese was considered almost as great an act of sin as pissing on a church pew in Soldotna or Glenallen, Alaska's two original tweaky bible belts.

Talkeetna and Trapper Creek areas stood by us in -both- the 2000 and the 2004 legalization initiaitives, (Prop 5 and Prop 2) and voted in the 70th percentile in favor of -all out- legalization, including for licensed and regulated commercial sales... the whole shebang. I won't give their names, (and those from that area will know exactly who I'm talking about), but there's a well known male Trooper and a well-known, rather trigger-happy female Trooper in -that- area who will take you down for an outdoor grow, or even public possession of a joint, in a heart-beat. No guilt. No remorse.

A friend of mine, who was one of the first persons to acquire a medical letter of recommendation here, living in an area way outside of Anchorage, before the state required their registration card that was later forced upon us by then-Senator (now Lt. Gov.) Leman in his gutting of our original medical initiative, a registration, btw, that leaves -all- registrants particulars open to -any- LEO, including the feds, was in Anchorage. This was roughly 5-6 years after the Ketchikan Superior Court ruling by Judge Michael Thompson re. the Klawock case that was the first dismissal of possession charges based on Ravin by a judge after the bogus and unconstitutional 1990 recrim. vote.

He called me on the telephone about midnite, on my anniversary (he didn't know that at the time) here in the Interior, to inform me that he was in his hotel room in Los Anchorage with all of -five roaches- and a medical letter by his side, and was rousted by -five- APD folks (that's right- one per roach) at about 11:30 P.M., who proceded to give him a lecture straight out of some bullshit DARE class, and seized his medical letter from his Doc as well as those dangerous roaches...

Outdoor grows of -any- size in the Interior have been getting busted for a long time now (two in the Fairbanks paper that come immediately to mind, from the last ten months that I know of personally), and the newest Chief of Police was even gung ho about calling in the feds for -small- amounts in possession in the home, well before this 1 oz. restriction, when someone would refuse to cough up their stash -in their friggin' home-!!! (That is, up until it was rather brusquely pointed out to him by 'someone very close to me' that he was not only violating Fairbanks City Charter, but the State Constitution as well, and that (despite his repeated mantra about 'federal law superceding state law'), State court was exactly where he was headed if he continued his bullshit; matters of a state constitutional nature are reserved for state courts as a rule. Furthermore, or conversely speaking, federal law typically only supercedes in federal court, or in state court in cases not involving state constitutional interpretation or principles (thank Buddha that there's a tiny bit of that 10th Amendment still on life support!)

Remember, this State voted very near the 70th percentile for Shrubco, as well. They're sometimes a bit confused about what they really do, and don't, actually believe in... ;^>)

After Ravin was reaffirmed in the Noy case, several major areas in this State had statements from their police chiefs, and from the Troopers as well, saying that they would continue confiscating weed in the homes of adults, regardless of Ravin being reaffirmed, and that they would forward names of the 'possessors' to the feds.

Those Chiefs of Police were, not in any particular ranking of obnoxiousness, Monaghan from Anchorage, then-Director of Public Safety Paul Harris, of Fairbanks (terminated/resigned after a sexual harassment suit by his dispatcher, whom he was porking, despite both of them being married), and then-Police Chief Joe Michaud of Valdez (whose sordid personal past I won't go into here), among many others. And their press releases and 'rules of engagement' came straight from the AG's and Public Safety Commissioner's offices, pretty much verbatim (Lord knows that they can't write speeches like that themselves!! They're practically functionally illiterate!! ;^>) ).

I wrote opinion pieces about all three of those named above, and their willingness to violate 'the law' as an example of the corruption caused by the WOSD. (We can't even trust the cops to obey the law anymore!! What's this world comin' to??! ;^>) )

So, in short, will most cops in Alaska still hang around outside your bedroom window sniffing for the smell of that evil, wicked, mean, and nasty ganja, like that asshole from Homer and the othes from Talkeetna used to do in the recent past?? No. Will they bust you if presented an opportunity?? You can bet your 200 hours of community service, your $100.00 fine, and the new and improved misdemeanors and felonies that Frankie forced upon us that they will...... in a heart-beat!!

The rules of survival here are the same as nearly anywhere; 1.) Don't flaunt the weed, 2.) Don't fly your freak flag unless you want heat and get off on the rush or attention, 3.) Never assume that Officer Friendly is actually your -friend-, no matter how convincing he or she is!! and, finally, 4.) If worse comes to worst, take a tip from those in the military's Criminal Investigation Division (CID), who used to say, quite proudly, I might add, "When confronted with an allegation of criminal activity, admit nothing, deny everything, and demand an attorney..."

Regards,

moose eater

[mars2112]

Alaska: AG Requests Supreme Court To Rule On Pot Recriminalization Measure

August 3, 2006 - Juneau, AK, USA

Juneau, AK: The state Attorney General's office filed notice last week with the Alaska Supreme Court seeking to overturn a recent Superior Court ruling that found the legislature's effort to criminalize small amounts of cannabis to be unconstitutional.

In July, an Alaska Superior Court judge struck down provisions of a new state law that sought to redefine minor marijuana possession as a criminal offense punishable by jail time.

The Alaska ACLU filed suit to block enforcement of the law, arguing that it violated the privacy clause of the state constitution, which provides that "the right of the people to privacy is recognized and shall not be infringed." In a 1975 Alaska state Supreme Court ruling (Ravin v State), justices determined that this constitutional provision encompassed the possession and use of small amounts of cannabis in the home.

Superior Court judge Patricia Collins ruled last month that the Alaska legislature lacks the authority to override the Supreme Court's 1975 decision, finding that the Ravin decision "is the law until and unless the Supreme Court takes contrary action."

Collin's ruling struck down sections of the new law criminalizing the possession of one ounce or less of cannabis, but left in place measures prohibiting the possession of greater amounts.

Governor Frank Murkowksi (R), who strongly advocated for the new law, has argued that Ravin should no longer apply in Alaska because cannabis may pose greater health and safety risks today than it did in 1975.

For more information, please contact Keith Stroup, NORML Legal Counsel, at (202) 483-5500 or download the July 12th edition of the NORML Audiostash at: https://normlaudiostash.com/id120.htm

DL: https://norml.org/index.cfm?Group_ID=6963

They had to wait six years +/- for a completion of the appeal re. the 'same-sex benefits' case. In speaking with 'various parties,' this one could take 1-3 years, easy, if given normal processing..

If Murkowski stays in office, which will require more ballot shenanigans than they've already potentially been implicated in, then Marquez would still be at the helm in the AG's office.

But if Murky is voted out of office (as the SOB so desperately deserves, and an outcome that might confirm for me whether or not there's a God, I might add) it would leave new players in the AG's and Governor's offices who might or might not see this issue as the priority that the ultra-offensive Frank Murkowski sees it as.

Frankie has hated hippies for a long time now. He was a fairly heavy drinker not too many years back, as well. A good old fashioned, pro-oil-corporation, red-neck asshole. He's seems to still think that it's primarily hippies who smoke reefer!!

Back before he bankrupted Bank of the North in Fairbanks, where he'd been president of the bank, and was initially found culpable in lower federal court, before becoming a U.S. Senator, during the S&L scandals, he refused a loan to a local miner who had plenty of collateral. After refusing the fellow, Frank turned to him and offered this tip, "Next time you ask me for money, lose that earring." That should tell you all that you need to know about ol' Frankie. There's more stories of ol' Frankie; some about folks who did time for conspiracy to import contraband from Asia, and who Frank's bank gave large loans to. One of those businesses still sports a bust of Frank in what has been called 'The Senator's Saloon' for many years now... ;^>) )

AG Marquez might ask the court to expedite this appeal, but he can ask to see cheese from the moon too; it doesn't mean it'll happen.

But if it goes to the proverbial mat, this will be an evidentiary trial on the pros and cons of cannabis, the likes of which has never been seen before in the U.S.. So, as previously stated elsewhere, win, lose, or draw, ONDCP better be ready to have their uber-bullshit examined with tweezers and a micro-scope!! And I'll buy a ticket to watch -that- show.. any time!!

Most already know that ONDCP's 'propaganda' has serious flaws in it,, but they've been sheltered thus far, ironically by the GAO, in Ron Paul's 2003 inquiry (at the request of Rob Kampia of MPP fame).

No sheltering this time, Mr. John Walters!! Fess up!! You're a stone-cold teller of fibs and fables!!! And your and Frank's intolerance will ironically be what brings about the trial that'll prove it. Is that Zen, or what??

"Win, Lose, or Draw"

Regards,

moose eater

[Verite]

Originally Posted by yukon

Amen brother!!

I'm stuck in Colorado for another year or so....but I'll be back in AK before long.

I own property on Kodiak island and on the kenai pen....and fishing jobs as soon I say yay! (thats what I've always done when living in AK)....
-yukon

Isnt that close to where that Timmy Treadwell and his g/f got gobbled up by the bears?