Marijuana initiative going to ballot in Alaska

Anchorage Daily News ^ | January 7, 2004 | Sheila Toomey

[MikeJ75]

A proposal to legalize marijuana use in private by people older than 21 has become the first initiative approved for the 2004 general election ballot.

Lt. Gov. Loren Leman, a public opponent of legalization, announced Tuesday that he has certified the 28,783 petition signatures required to place the initiative before voters.

With less than a week left before the 2004 initiative deadline, only two of six petitions still outstanding are expected to show up on time with the requisite number of signatures, said Tom Godkin, a supervisor in the Division of Elections.

[MikeJ75]

The article goes on to explain that the other two issues likely to be certified are proposals to (1) ban the baiting of bears for trap hunting, and (2) required that replacements for Alaska's U.S. Senators who retire before the end of their term be elected, instead of appointed by the governor. When current Governor Murkowski left the U.S. Senate to become Governor of Alaska, he appointed his daughter to take his place in the U.S. Senate.

Alaskans have a libertarian tradition (or at least the reputation of a libertarian tradition). This will be an interesting initiative to watch.

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[Huck]

I thought Alaska once had this sort of law on pot, but then they got rid of it?

[marktwain]

Let us hope this is the start of the end to the insane War on the Constitution (AKA War on some Drugs).

[Ronin]

Wish in one hand, squat in the other -- see which fills up first.

The Feds are never going to accept decriminalization of marijuana by any state government because that would mean transferring power that they have illegally grabbed back to the states.

It's insane and unconstitutional, but so what? As far as the Feds are concerned, it's a matter of "we got the gun, and you don't."

[Wolfie]

Marijuana possession was effectively legalized in 1975 via the Ravin case. Alaskans' right to privacy was more important than the state's obligation to police small amounts of pot, the court ruled. In effect, the possession and cultivation of personal amounts of marijuana within the home became legal.

A voter initiative to recriminalize personal possession was passed in 1990. However, just this last year, a court ruled that voter initiative could not be used to circumvent the State Constitution. Only an amendment to the State's explicit privacy clause can do that. Otherwise, possession in the home is completely legal. The new limit has been set to 4 ounces. No word on why the court gets to set such a number.

[Dane]

I thought Alaska once had this sort of law on pot, but then they got rid of it?

In 1990 they made it illegal, with a voter intiative. The Alskan Supreme Court overruled the voter intiiative. I believe that many of those judges were appointed by demo Governor, Tony Knowles.

[Huck]

4 oz. is pretty hefty limit, though, for a home user. Unless you're Jeff Spicoli. But how does the privacy law affect sale or purchase? And also, do you know why the voters passed that initiative in 1990? What happened?

[Hillary's Folly]

4 oz. is pretty hefty limit, though, for a home user.

Indeed, unless you're making a batch of Alice B. Toklas.

[Wolfie]

Low limit, high limit. Who really knows. Its Alaska, after all.

[Huck]

I love that movie :-) I need to add it to my collection. That's my favorite Peter Sellers film. Even then I don't think she cooked anywhere near 1 oz, let alone 4.

[Huck]

You have any idea why voters voted to criminalize pot in Alaska? You would think if it weren't broke, they wouldn't vote to "fix" it. What was going on there up to 1990?

[Eska]

When I first moved to Alaska, I was talking to my 89 year old neighbor who had homesteaded his place in 42; didn't go outside until 95. I brought up the topic of one of our other neighbor's involvement in drugs. Old Walt quickly informed me that it was none of my business what anyone did in their own home.

I never forgot that conversation. Personal freedom is a pervasive attitude in Alaska.

[William Terrell]

I heard there were a lot of federal agiprops up there about that time.

[Wolfie]

What was going on there up to 1990?

The Federal Government lobby machine got in to full swing.

[Huck]

I see it passed with 55%. I am not going to lay that all at the feet of lobbying or agitprop. Clearly, a majority of Alaskans wanted to criminalize it.

[Huck]

Not among the 55% who voted to criminalize marijuana. Or maybe they didn't see that as a privacy issue?

[Wolfie]

The reality is that the Drug Czar gets into his Federally funded plane and rides around the country making speeches to put out fires around the counrty when it comes to the Drug War. Even got into a bit of trouble for it in Nevada, I think.

[Huck]

But he didn't hold the hand of 55% of the populace on voting day.

[Land of the Free 04]

a majority of Alaskans wanted to criminalize it.

Then let them amend their state constitution accordingly---as the feds never bothered to wait for a pot prohibition amendment to criminalize intrastate pot matters.