Pubdate: Sat, 28 Feb 2015
Source: Alaska Dispatch News (AK)
Copyright: 2015 Alaska Dispatch Publishing
Contact:  http://www.adn.com/
Details: http://www.mapinc.org/media/18
Note: Anchorage Daily News until July '14
Author: Kevin Coe
Note: Kevin Coe lives in Anchorage.

SORRY, HIGH ROLLERS: MARIJUANA IS NOWHERE LEGAL IN THESE UNITED STATES

I hate to be the party pooper but I feel there is a need to point out 
that the possession, transportation, processing and use of marijuana 
is still illegal.

It is not legal in Alaska, nor Colorado, nor Washington, nor Oregon. 
It's not legal in your house, nor in a car, or on a train, or in a plane.

No Charlo Green I am; it's not legal to grow pot in this here land.

There is this thing called the Controlled Substances Act. You can 
find it in Title 21, Section 800 or so of the U.S. Code. Section 812 
lists marihuana (with an h) as a schedule I substance.

The rest of the sections talk about how the federal government can 
punish (or, cough, deter) you from doing things with marihuana and 
other substances. By the way, the Controlled Substances Act was 
passed by Congress. Remember that high-school U.S. government class 
you kept falling asleep in? Quick refresher: The U.S. Constitution 
says if Congress passes a law, it trumps any state law.

What about my right to use marijuana?

Didn't Alaska legalize it? Can't I have 4 ounces in my home after 
that Ptarmigan or Raven decision? No. Uncle Sam said no, and he 
couldn't care less what Colorado's constitution reads or what the 
Supreme Court of Alaska said. Ravin was a decision regarding the 
right to "privacy" provided by the Alaska Constitution. The recent 
ballot initiative was a voter initiative that changed Alaska state 
law. Neither gave anyone a legal right to marijuana.

A state cannot grant a legal right to do something that the federal 
government has declared illegal.

Just ask Angel Raich and Dian Monson of California; they thought they 
had a medical right under California law. The SCOTUS said no: 
Gonzales v. Raich, 545 U.S. 1, 7 (2005).

What about Ballot Measure 2 in Alaska, and the Colorado amendment, 
and Washington's and Oregon's laws? All that these states have done 
is decide that they will no longer enforce criminal penalties for 
various acts involving marijuana.

So once again, marijuana is not legal in Alaska; it's just not 
criminal under Alaska law, and won't be punished by law enforcement 
or courts of Alaska (within the limits set by Ballot Measure 2).

OK, semantics, right?

Except these are important semantics that the general public doesn't 
quite understand. Semantics that legislators should be wary of when 
they enact legislation, lest they have their laws pre-empted. 
Semantics that public administrators should ensure to get correct to 
properly inform the public.

Semantics that, if used properly in and by the media, could help 
further a national debate that we should be having about drug 
policies in the United States.

No matter how many times Sam I Am, or Charlene Egbe, or Charlo Greene 
tell you it's legal now in Alaska, it isn't. It's not legal 
recreationally and it's not legal medically.

A doctor technically can't prescribe pot (although they can 
"recommend" it under their First Amendment right to free speech -- 
again, important semantics for policymakers and interested parties). 
In a way, I guess that's a good thing for people like Ms. Egbe; they 
can go on treating "their patients" and not fear being prosecuted for 
the unauthorized practice of medicine (and yes, I ran her name 
through the Professional License search on the Alaska Department of 
Commerce's website.

She is not a doctor, or a pharmacist, or a nurse, or a lawyer 
(different search website)). But they still need to watch out for 
Uncle Sam. It's not legal to sell it, and you face stiff penalties 
for doing so under federal laws. Oh, you think it's just pot, no big 
deal, the feds won't bust me for it and if they do, how bad could it 
be? Ask Weldon Angelos when he gets out of the Mendota Federal 
Correctional Institute in 2051 how serious $350 worth of pot can get.

OK, so before you get your pitchforks and torches and string me up in 
tar and feathers for blasphemy against the almighty Matanuska Thunder  I need to clarify the point of my rant. I truly believe our 
nation, not just our state, needs to rethink our policies on drugs, 
crime and punishment. As a society, we have a knee-jerk reaction to 
throw people in jail thinking it will solve everything, which it 
hasn't. Reform with our current Congress isn't likely to happen 
anytime soon, so reform at the state level is the next best thing -- 
a thing that can help begin national change.

But what I would hate to see is more good people imprisoned under the 
current severe federal drug penalties because of mistaken beliefs of 
their "right" to use marijuana.

I would also hate to see the national debate be ignored by complacent 
individuals with the misguided perception that "it's legal in my 
state so who cares what the feds think." So please, when people tell 
you how it's legal to smoke pot in Alaska, or Colorado, or anywhere 
else, remind them of what they missed when they slept through that 
high school government class, and tell them more change is still needed.
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MAP posted-by: Jay Bergstrom