Pubdate: Sat, 22 Jan 2005
Source: Anchorage Daily News (AK)
Copyright: 2005 The Anchorage Daily News
Contact:  http://www.adn.com/
Details: http://www.mapinc.org/media/18
Author: Sean Cockerham, Anchorage Daily News
Note: The text of the bill is at 
http://www.legis.state.ak.us/PDF/24/Bills/HB0096A.PDF
Bookmark: http://www.mapinc.org/topics/Ravin

GOVERNOR MOVES TO CHANGE POT LAW

Possession: A Bill to Outlaw Small Amounts for Personal Use Is Before the 
Legislature.

JUNEAU -- Gov. Frank Murkowski on Friday asked the Legislature to overrule 
a court ruling that adult Alaskans have the right to possess marijuana for 
personal use in their homes.

Murkowski introduced a bill that challenges the state court's ruling and 
that would significantly tighten other state marijuana laws -- making a lot 
more pot crimes into felonies.

"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 declares.

Everyone expects the fight to go back to the courts if the Legislature 
passes the bill. The ruling that made at-home pot possession of up to four 
ounces legal for personal use was based on the right to privacy in the 
state constitution.

The Legislature cannot change the constitution without a statewide vote. 
But the governor hopes the bill and hearings over it will show the courts 
that pot is a lot more powerful than it used to be and that the state has 
an overriding interest in forbidding it.

William Satterberg, the Fairbanks lawyer who argued the case that toppled 
the state prohibition on at-home pot, said he doesn't think the courts will 
backtrack.

"Unconstitutional still remains unconstitutional no matter what the 
Legislature thinks," Satterberg said.

The Alaska Supreme Court in September let stand a lower court ruling last 
year that adult Alaskans have the right to possess up to four ounces of 
marijuana in their homes for personal use. The lower court based its 
opinion on a 1975 decision, known as Ravin v. State, which declared the 
strong right to privacy from government interference that is guaranteed 
under the Alaska Constitution outweighed any social harm that might be 
caused by the small at-home use of marijuana by adults.

Ravin remained the law in Alaska until 1990, when voters passed an 
initiative outlawing all amounts of marijuana. But last year's court ruling 
said a constitutionally protected right -- in this case at-home pot -- 
cannot be taken away by an initiative.

Murkowski argues that marijuana is a lot stronger and more harmful nowadays 
than in 1975 when the courts said the right to privacy outweighed the 
social harm. The governor said the bill he introduced Friday will help the 
state make it clear to the courts that this is the case.

"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.

Rep. Norm Rokeberg, R-Anchorage and a member of the House leadership, said 
the court overruled the will of the Legislature and Alaska voters when it 
declared some at-home use of marijuana to be legal. He said he expects the 
Legislature will be interested in taking a good look at Murkowski's bill.

The bill would also make possession of more than four ounces of pot a 
felony. The felony cutoff under current law is a pound. The bill would also 
make it a felony to give or sell any marijuana to anyone under the age of 21.

The Alaska public defender's agency said it would need another $160,000 a 
year in state funds to meet its increased workload under the bill.

"We handle 500 misdemeanor drug cases, primarily involving marijuana," the 
agency said in a written statement. "At least half of these would become 
felonies. Felonies take more work than misdemeanors."
- ---
MAP posted-by: Richard Lake