State legislature should clear up Alaska’s marijuana laws in 2012
In a 1975 Alaska Supreme Court case, Ravin v. Alaska, Alaska’s highest court ruled that the state constitution’s right to privacy included a right to privacy in one’s home and interpreted that provision as giving Alaskans the right to personal possession of a modest amount of marijuana in their homes. The ruling was a landmark decision, and it has left lawmakers and reformers fighting over the implications of the case ever since.
In 2006, the legislature passed a bill, later signed by the governor, attempting to re-criminalize marijuana legislatively. The ACLU of Alaska soon filed suit against the new law, alleging that the new statute violated Alaskans' state constitutional right to privacy. A superior court agreed and struck down the new law as it applies to less than an ounce of marijuana. The state then appealed that decision to the Alaska Supreme Court, which overruled the district court for procedural reasons (the legal term is "ripeness" — no one had actually been arrested under the new statute), leaving the legal landscape somewhat murky.
Alaska has often been a pioneer and champion of individual rights, including marijuana policy reform. MPP's polling shows that at least 56% of Alaskans think adult possession of small amounts of marijuana should be made legal. Additionally, polls in both 2002 and 2006 show public support for Alaska's medical marijuana law at an overwhelming 74%.
Rather than attempting to undermine the Alaska Supreme Court’s decision in Ravin, the legislature should consider regulating marijuana possession and sales in order to undercut the criminal market. As residents of a state that has shown time and again that it believes in the personal freedom of its citizens, each and every Alaskan is in a unique position to effect real change. You can start by writing letters to lawmakers to express your support for taxing and regulating marijuana.
If you are currently or were formerly a member of the medical, law enforcement, or legal communities, please email state@mpp.org to see how you can be of special help.
Learn more about Alaska’s marijuana laws
Despite the landmark decision in Ravin v. Alaska, there were over 1,000 arrests for marijuana-related offenses in 2007, 89% of which were for simple possession. You can read more about Alaska’s marijuana laws in this report by economist Jon Gettman, Ph.D.
Alaska has had one of the highest
statewide votes in history in favor of legalizing marijuana. In 2004, ballot
measure 2 received 44.25% of the vote. The measure would have removed criminal
penalties from those aged 21 or older who grew, used, or distributed marijuana
or hemp products. Support would almost certainly be higher today, so ask your legislator to introduce legislation to tax and regulate marijuana in Alaska.
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