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Buzzby

Initial Hearing Held On Marijuana Law Challenge
Matt Volz | Juneau Empire | 06/09/2006

A judge is asking the state of Alaska for its evidence that marijuana has become so dangerously potent in the last three decades that it warranted tightening one of the nation's most liberal possession laws.

Judge Patricia Collins requested the documentation Thursday, three days after the American Civil Liberties Union of Alaska asked the court to block a new state law recriminalizing marijuana.

The civil liberties group alleges the new law is an unconstitutional invasion of privacy.

Gov. Frank Murkowski pushed the law through the Legislature and signed it June 2. But in preparation for the expected court fight, Murkowski and the Legislature included in the bill a set of findings meant to prove that marijuana has increased in potency since the original Supreme Court decision

The court's original ruling in 1975 favored privacy rights over criminal penalties for pot possession. Later court decisions set a legal limit of 4 ounces that an individual can keep in the home.

In an initial hearing Thursday, Collins asked the state to submit a brief that contains the complete legislative record on the new law.

Dean Guaneli, the state's chief assistant attorney general, said he planned to assemble on Friday the documents the state submitted to the Legislature and a transcript of the legislative hearings on the bill.

ACLU attorneys will respond with their own documentation that counters Murkowski's claims, said ACLU of Alaska Executive Director Michael Macleod-Ball.

Collins has set the next hearing for July 5. Sometime after, she is expected to issue a final order on whether to grant a permanent injunction blocking the law.

Whatever her decision, the case is expected to be appealed and ultimately decided by the Alaska Supreme Court.

Under the new law, marijuana possession of 4 ounces or more is a felony. Possession of 1 to 4 ounces is a misdemeanor punishable by up to a year in jail; less than 1 ounce is a misdemeanor punishable by up to 90 days in jail.

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replica

ACLU to the (hopeful) rescue. Thanks buzzby.

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sleep please

Moderation is a smoker's best friend

More Rights, Please.

Dennis

Here's a question for the ACLU to ask the state, "Potent marijuana is more dangerous than what?"

We generally live in homes chocked full of inflamables, inhalants, poisons, guns, knives, prescription drugs, safety hazards, alcohol cabinets, cigarettes, heavy machinery, power tools, electrical hazards and son on. How exactly is a bag of pot more dangerous than driving to work, getting into a fight, sky diving, extreme sports, over exertion, sun stroke, over eating, etcetera?

The answer to this question is, "Even increased potency pot is not all that dangerous at all." It's safer than alcohol and cigarettes.

nerphroll

Dangerously potent? I agree with Dennis on this one. I think the judge is setting things up so even if the state can show increased marijuana potency, which if they present a fair comparison they shouldn't be able to, they still have to prove this whole dangerthing. Hahahahaha. Good luck with that one. Alaska shall remain cool.....

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