Alaska


While courts ponder marijuana issues, a majority of Alaskans await reform


Last update: January 10, 2010

On June 5, 2006, the ACLU of Alaska filed suit against the state of Alaska challenging the legality of House Bill 149, which was signed into law by then-Gov. Frank Murkowski (R) in May 2006. Among other things, House Bill 149 effectively re-criminalized possession of small amounts of marijuana by adults in the privacy of their homes.

The ACLU's complaint alleged 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, which was appealed to the Alaska Supreme Court. After hearing oral arguments in March, the Alaska Supreme Court issued a ruling that vacated the superior court's ruling due to ripeness (no one had actually been arrested under the new statute), leaving the question as to how much marijuana Alaskans can possess in the privacy of their homes open to further debate.

Alaska has often been a pioneer and champion of individual rights, including marijuana policy reform. MPP's polling shows that 56% of Alaskans now say that 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%.

Marijuana prohibition costs Alaska taxpayers approximately $20 million a year in law enforcement, judicial, and corrections resources. To spend so much money on a drug that is far less dangerous, toxic, and addictive than alcohol is a waste. Click here to read an excellent article that appeared in the Anchorage Daily News about how alcohol is doing more damage to Alaskan families than marijuana.

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 a letter to your legislators asking them to introduce legislation that would remove criminal penalties for adult marijuana use. You can also write letters to your local newspapers that 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 e-mail state@mpp.org to see how you can be of special help.

Thank you for supporting the Marijuana Policy Project. Please tell your friends and family about this page, so that even more voices for reform can be heard. If you have not already, please subscribe to MPP's free legislative alert service.

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