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Alaska: Governor Set to Push Anti-Marijuana Legislation Again
Juneau Empire ^ | Dec. 9, 2005

Posted on 12/16/2005 7:23:26 AM PST by Wolfie

Governor Set to Push Anti-Marijuana Legislation Again

The Murkowski administration will "hit the ground running" next session on a bill proposed last year to overturn a court decision on marijuana use, said Alaska Department of Law spokesman Mark Morones.

Alaskans are allowed to possess up to 4 ounces of marijuana in their homes for personal use but the bill could lower that amount to less than 1 ounce if it passes.

The Senate Health, Education and Social Services Committee heard from experts last session on both sides of the issue - some arguing marijuana is a threat to society and others saying pot is less harmful than a pack of cigarettes.

The bill is awaiting action in the Senate Finance Committee before it reaches the floor. Then it would head over to the House for review.

Alaska Assistant Attorney General Dean Guaneli said some of the state's arguments were misunderstood last session. The purpose of the bill is not to bust college students smoking pot in their dorms, but to go after commercial growers, he said.

"The police are not getting effective search warrants for marijuana growing operations," Guaneli said.

Even though officers can smell marijuana coming from a residence, it is not enough evidence to prove there is more than the 4 ounces needed to get a search warrant, he said.

Those possessing more than 4 ounces would be charged with a Class C felony and those with an ounce would be charged with a Class A misdemeanor, according to the bill.

Michael Macleod-Ball, executive director of the American Civil Liberties Union of Alaska, said the bill does not increase penalties for those growing commercial marijuana.

"Criminalizing those with small amounts of marijuana does not solve the problem," he said.

The bill also tampers with a right to privacy ruling that is unique to Alaska, Macleod-Ball said.

"All it does is give the police the ability to go into someone's home if they believe they have marijuana," he said.

A landmark court decision by the Alaska Supreme Court in 1975 made small amounts of marijuana kept at home by adults legal. It found no relationship between private use of the drug and the public welfare.

Experts who phoned in to the Senate committee meetings last session tried to show that in some cases smoking marijuana could lead to violence.

"If I smoke marijuana, I may not be led to rob a store. But I can lose my job and then be motivated to steal," John Fielder, a clinical psychologist at St. Mary's Medical Hospital in San Francisco, told the Senate committee last session.

The bill hearings are a platform to get testimony on the record so that if the bill passes, the findings can be used in court, Guaneli said.

The state will charge someone for possession of marijuana if the bill passes and use the suspect's trial to introduce the findings in the bill, he said. The judge may or may not use the findings to make his decision to overturn the long-standing ruling, Guaneli said.

The state wants to prevent marijuana from getting into the hands of children by going after local growers; if authorities can take out about half of the producers, then kids would be priced out of the market, Guaneli said.

The bill, Senate Bill 74, was bogged down last year because it was introduced in the middle of the session and needed extra time to get through the testimonies, Guaneli said.

Bills proposed last session that did not reach the House and Senate floors for a final vote are still alive because bills introduced in the two-year session remain on the table through 2006.


TOPICS: Culture/Society; US: Alaska
KEYWORDS: aclu; bongbrigade; chemicalwarfare; donutwatch; govwatch; hahadopers; liberals; liberaltarians; murkowski; perverts; waronterror; wodlist
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To: Mojave
2. You can grow dandelions if you want.

CONSTITUTIONALLY, what's the difference?

81 posted on 12/25/2005 8:44:13 AM PST by houeto (Mr. President, close our borders now!)
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To: houeto

Dandelions aren't part of a massive fungible illicit interstate drug trade.


82 posted on 12/25/2005 8:46:07 AM PST by Mojave
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To: Mojave
Dandelions aren't part of a massive fungible illicit interstate drug trade.

Neither is my growing a plant in my own backyard, no matter what plant it is.

You didn't answer my question.

83 posted on 12/25/2005 8:56:17 AM PST by houeto (Mr. President, close our borders now!)
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To: houeto
"Neither is my growing a plant in my own backyard, no matter what plant it is."

So you only want to grow plants? That's all?

Gee, ya promise?

84 posted on 12/25/2005 9:05:20 AM PST by robertpaulsen
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To: houeto
Neither is my growing a plant in my own backyard, no matter what plant it is.

Marijuana is fungible. Marijuana is an illicit drug by the laws of all fifty states. Marijuana is an item of commerce in a massive interstate trade in such drugs.

You didn't answer my question.

I did. You're in denial.

85 posted on 12/25/2005 9:05:31 AM PST by Mojave
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To: robertpaulsen

Indeed, there should have been no limit.


86 posted on 12/25/2005 9:06:21 AM PST by Wolfie
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To: RambozoDClown

"Well, if I like to read books, I may not be led to rob a store. But if I just read all day and don't go to work,I can lose my job and then be motivated to steal."

Oh, reading is worse that than that. You could actually read a book that glorified robbery and motivated you that way.


87 posted on 12/25/2005 9:09:33 AM PST by Rebelbase (Green bean casserole is a culinary curse upon mankind.)
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To: Wolfie
"Indeed, there should have been no limit."

Perhaps. But isn't that for the legislature to say, rather than the courts?

88 posted on 12/25/2005 9:09:35 AM PST by robertpaulsen
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To: Mojave

"illicit"

Which was created by the State Government.


89 posted on 12/25/2005 9:11:09 AM PST by Rebelbase (Green bean casserole is a culinary curse upon mankind.)
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To: Rebelbase
"You could actually read a book that glorified robbery and motivated you that way."

True. And when caught, blame the book.

90 posted on 12/25/2005 9:11:46 AM PST by robertpaulsen
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To: robertpaulsen

The legislature has a say, via an amendment to the State Constitution. If its such an overriding concern to Alaskans that they want to amend the State Constitution to specifically exempt marijuana use from their explicit Right To Privacy, then they should do so. Its a tidy little system.


91 posted on 12/25/2005 9:12:41 AM PST by Wolfie
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To: Rebelbase
"Which was created by the State Government."

... constitutionally reflecting the will of the majority of its citizens.

92 posted on 12/25/2005 9:15:50 AM PST by robertpaulsen
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To: Wolfie
The legislature has a say, via an amendment to the State Constitution.

Amend a nonexistent four ounce pot clause? If the dopers want the state constitution to include such an exception, the burden is on them.

Judicial legislation can be undone by real law.

93 posted on 12/25/2005 9:16:13 AM PST by Mojave
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To: robertpaulsen
... constitutionally reflecting the will of the majority of its citizens.

As opposed to an act of judicial activism.

94 posted on 12/25/2005 9:17:48 AM PST by Mojave
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To: Mojave
SECTION 22. RIGHT OF PRIVACY. The right of the people to privacy is recognized and shall not be infringed. The legislature shall implement this section.
95 posted on 12/25/2005 9:17:55 AM PST by Wolfie
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To: Wolfie
The right of the people to privacy is recognized and shall not be infringed. The legislature shall implement this section.

Thanks.

96 posted on 12/25/2005 9:19:08 AM PST by Mojave
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To: Wolfie
"If its such an overriding concern to Alaskans that they want to amend the State Constitution to specifically exempt marijuana use ..."

Pay attention, Wolfie. Who said anything about exempting? Not me.

I was tallking about the amount. Setting the amount. Number of ounces. Who should set that number.

Got it?

97 posted on 12/25/2005 9:22:02 AM PST by robertpaulsen
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To: EagleUSA
if authorities can take out about half of the producers, then kids would be priced out of the market, Guaneli said.

no, they'd just turn to prostitution. /sarcasm

98 posted on 12/25/2005 9:25:32 AM PST by Loud Mime (Libs will oppose terrorists when they turn into smoking, christian, whale killers)
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To: robertpaulsen

You'll see in post #86 that I agree with you on that point.


99 posted on 12/25/2005 9:56:37 AM PST by Wolfie
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To: Mojave

Which means the legislature shall insure that all laws are in compliance with the Right to Privacy. The Legislature was derelict in this duty, and the Court let them know.


100 posted on 12/25/2005 9:57:37 AM PST by Wolfie
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