Reply #19: According to a very recent article, [View All]

[Blue_In_AK]

the status of the marijuana laws here is still fairly murky as of right now. http://www.miamiherald.com/news/politics/AP/story/1300394.html

<snip>

Alaska has long had a relatively liberal attitude toward possession of small amounts of marijuana for personal use. The landmark 1975 Ravin v. State case established that the privacy provisions in Alaska's constitution protect adults who use small amounts of marijuana at home. For many years, possession of less than 4 ounces at home was legal.

But the status of the law is somewhat murky now, and since April, the state has operated under the interpretation that there is no longer a legally permissible amount of marijuana for in-home possession, McAllister said.

In 2006, the Alaska Legislature passed a law making illegal the use of small amounts of pot at home. That law was challenged by the American Civil Liberties Union of Alaska on privacy grounds.

This spring, the Supreme Court declined to clarify it, said Jeffrey Mittman, executive director of the ACLU of Alaska, and they're looking for another case that could be used to challenge the existing law.

"While the Legislature has passed a law, we believe that under the standard laid down by Ravin, it makes it unconstitutional," he said. "ACLU's objection is that the Alaska Constitution is very clear that there's a constitutional right to privacy. Obviously the ACLU is a strong proponent of privacy."

Anecdotally, however, he says he is unaware of a concerted effort by law enforcement to arrest adults who possess small amounts of pot at home for their own use. The Anchorage Police Department, for example, is very unlikely to pursue such cases, said Parker, the department's spokesman.

"We don't actively seek out people who posses marijuana when we're occupied with heavier narcotics; it's a matter of resources," Parker said, but added that if other illegal drugs, large amounts of marijuana, weapons, or distribution are involved, it's an entirely different situation, he said. Same for minors, Parker said, or if pot is found at a school.

"Now if someone has a 100-plant grow or a 1,000-plant grow, that's another matter," Parker said.

It's been a long time since I've heard of anyone getting busted for anything other than what is obviously a commercial grow.

But I'm with you, I was pretty pissed off when they tried to criminalize it again. Everyone I know up here smokes or has smoked pot, all the way up to the top of the judicial system in which I worked for many years, and including former governor She Who Shall Not Be Named. I don't see where it's caused any problems at all for the good people of Alaska. SWSNBN probably should have smoked more of it, and maybe she wouldn't be such a whack job.

According to the statutes, marijuana is considered a class VIA controlled substance and possession is a Class B misdemeanor. The statute says this:

(j) A court may not impose a sentence of imprisonment or suspended imprisonment for possession of marijuana in violation of AS 11.71.060 if the defendant alleges, and the court finds, that the defendant was not under formal or informal probation or parole conditions in this or another jurisdiction at the time of the offense; that the defendant possessed the marijuana for the defendant's personal use within the defendant's permanent or temporary residence; and that the defendant has not been previously convicted more than once in this or another jurisdiction for possession of marijuana. If the defendant has not been previously convicted as described in this subsection, the maximum unsuspended fine that the court may impose is $500. If the defendant has been previously convicted once as described in this subsection, the maximum unsuspended fine that the court may impose is $1,000. In this subsection,

(1) "permanent or temporary residence" means a permanent structure adopted for overnight accommodation; "permanent or temporary residence" does not include

(A) vehicles, tents, prisons or other correctional facilities, residential treatment facilities, or shelters operated by a charitable organization or a government agency;

(B) any place where the defendant's possession or use of marijuana violated established rules for residents, such as a ban on smoking or a ban on marijuana or other controlled substances;

(2) "previously convicted" means the defendant entered a plea of guilty, no contest, or nolo contendere, or has been found guilty by a court or jury, regardless of whether the conviction was set aside under AS 12.55.085 or a similar procedure in another jurisdiction, of possession of marijuana; "previously convicted" does not include a judgment that has been reversed or vacated by a court.

I think we're still pretty safe.