Alaska Governor Heading in Wrong Direction

Stokes

Newsbrief: Alaska Governor Seeks to Overturn Legal Home Marijuana Possession

1/28/05
http://stopthedrugwar.org/chronicle/372/murkowski.shtml

Alaska is the only state in the nation where possession of personal amounts of marijuana for one's own use in one's own home is legal under state law, and the state's law enforcement and political establishments can't stand it. In the latest effort to override the state constitution, on January 21 Republican Governor Frank Murkowski asked the state legislature to ignore two Alaska Supreme Court rulings and re-criminalize home marijuana possession. And while he's at it, Gov. Murkowski wants to increase some current marijuana misdemeanors to felonies.

In September, the Alaska Supreme Court upheld an earlier lower court ruling allowing adults to have up to four ounces of pot at home for their personal use. That lower court ruling was based on a 1975 Alaska Supreme Court ruling in Ravin v. State, where the state's highest court held that the state constitution's strong privacy protections outweighed any harm caused by at-home marijuana use. That remained the law until 1990, when voters passed an initiative outlawing any amount of marijuana. But in the recent rulings, the courts held that a constitutionally-protected right -- in this case, the right to use marijuana at home -- cannot be erased by a majority vote.

Murkowski has introduced a bill that would once again seek to trample on the state constitution, this time by hyping the alleged dangers of today's marijuana. "The Legislature finds that marijuana poses a threat to the public health that justifies prohibiting its use in this state, even by adults in private," the bill asserts.

Although it sounds like Murkowski has already made up his mind about the health risks of pot, he touted the bill as an opportunity to explore those risks. "The bill would provide a forum for the Legislature to hear expert testimony on the effects of marijuana and to make findings that the courts can rely on," the governor said in a letter to lawmakers.

Murkowski's hope is that the Alaska courts can be swayed to reconsider their decisions if he can persuade them the health risks of marijuana are significantly greater today than in years past. While that is open to debate, what is certain is that any legislation attempting to override current law will be challenged. "Unconstitutional still remains unconstitutional no matter what the Legislature thinks," said William Satterberg, the Fairbanks attorney who successfully argued the appeals court case that reinstated legal home weed in Alaska.

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Where love is, there God is also.

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**Ferre** · Posted: Sun Jan 30, 2005 2:20 pm Post subject:

Looks like Governor Frank Murkowski is setting up his own private dictatorship. Confused

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**Torkel** · Posted: Sun Jan 30, 2005 4:25 pm Post subject:

<<"The Legislature finds that marijuana poses a threat to the public health that justifies prohibiting its use in this state, even by adults in private,">>

What & how did the Legislature find? Of course we all know the legislature is expert in all aspects of life. When we have a problem or a question...just ask the legislature--they'll solve it or answer it competently.

Peace,

Torkel
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Miller vs U.S. (230 F 2nd 486,489): "The claim and exercise of a Constitutional right cannot be converted into a crime."

Miranda vs Arizona (384 U.S. 436, 125): "Where rights secured by the Constitution are involved, there can be no rule-making or legislation which would abrogate them."

HAGANS vs LAVINE (415 US 533 N-3,note 5): "Once JURISDICTION is challenged it must be proven by the Plaintiff."

Stokes · Posted: Sun Jan 30, 2005 6:43 pm Post subject:

"Unconstitutional still remains unconstitutional no matter what the Legislature thinks," said William Satterberg, the Fairbanks attorney who successfully argued the appeals court case that reinstated legal home weed in Alaska.

Thanks to people like William Satterberg ... Frank Murkowski's self righteous assault on liberty will go NOWHERE!
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Where love is, there God is also.

-Mahatma Gandhi

Stokes · Posted: Sat May 06, 2006 6:51 pm Post subject:

Gee, wadda ya know ... a new battle in the War on Cannabis has been created by a United States Governor and his cronies ... looks like a real money maker for the State of Alaska, too.

It should be interesting to see if the ACLU makes good on their promise to sue for injunctive relief.

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HOUSE PASSES MARIJUANA BILL

JUNEAU, Alaska ( AP ) - In a surprise vote Friday, the Alaska House passed a bill that would both recriminalize marijuana possession and make it tougher to by the ingredients to manufacture methamphetamine.

The House last month rejected the conference committee's marijuana.m.eth bill, but voted 21-17 Friday night to rescind that action.

The bill went on to pass without debate 24-14.

"I don't think it was a reversal, I think it was an evolution toward good policy," said Rep. Jay Ramras, R-Fairbanks, who sponsored the methamphetamine bill.

The Senate last month accepted the conference committee report, meaning the bill now goes to Gov. Frank Murkowski to sign into law.

In originally rejecting the bill, many House members said they supported the methamphetamine provisions, which would have restricted the sale of many over-the-counter medicines that are used in making the drug. However, they objected to the marijuana provisions being added without having enough committee hearings in the House.

The Senate tacked on the marijuana provisions, which Murkowski had introduced last year and called "must-pass" legislation.

Murkowski is seeking to overturn a long-standing decision in which the Alaska Supreme Court ruled it was legal for Alaskans to possess small amounts of marijuana in their homes for personal use.

The bill lists a number of findings that say marijuana is a more potent and dangerous drug than it was 30 years ago, which the governor hopes will give the court a basis to overturn the decision.

House Minority Leader Ethan Berkowitz, D-Anchorage, said he believed the only reason the vote was reversed was because of pressure on lawmakers by the governor's office for Murkowski's priority bill.

"To me, this shows how distorted this process has become," Berkowitz said. "If I wake up in the morning and there's snow on the ground, I don't have to see the snow falling to know that it has snowed. It's what you call circumstantial evidence."

"Obviously we are pleased. The governor worked real hard on this, it's something he believes in. It's a good day for Alaska," said Kevin Jardell, the governor's legislative liaison.

In response to House minority leaders accusations that the governor pressured lawmakers into voting for the bill, he said, "That's insulting to the legislators and the institution."

However, House Speaker John Harris, R-Valdez, said he did not believe the votes changed specifically due to pressure from the governor's office.

"I think the governor certainly has petitioned members to change their vote," Harris said. "I think it's mainly because a number of members voted no earlier because of the process. The Senate put two bills together and so a number of our members weren't happy with that process and now I think have softened their feelings a little bit and aren't nearly as angry about that."

American Civil Liberties Union of Alaska Director Michael Macleod-Ball sent a letter to Attorney General David Marquez Friday saying the ACLU would sue for injunctive relief if the bill becomes law.

"Plain and simple, you are attempting to further restrict the right to privacy enjoyed by all Alaskans by enacting the marijuana provisions of ( the bill )," Macleod-Ball wrote.

The bill is House Bill 149.

URL: http://www.mapinc.org/drugnews/v06/n569/a08.html
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Where love is, there God is also.

-Mahatma Gandhi