Credit: Arizona H.I.D.T.A., Demand-Reduction Program: Drug-Free Workplaces, Communities and Schools
There have been developments in several court cases noted on the Listing and an additional initiative has qualified for the ballot in November. There has also been an Ordinance enacted in a California locality that is worth noting. The Alaska court case ruling is a mixed one, upholding most of the new re-criminalization law components, while allowing the possession of less than 1 oz. in the home to remain legal. The San Diego County case is moving forward with new filings.
1. New ballot initiative: A ‘medical’ marijuana initiative has qualified for the November ballot in South Dakota. As the drug legalizers could not get the legislature to act on any bills, they are now putting ‘medical’ marijuana to the voters of the state. The initiative, based upon other states’ initiatives, proposes to:
-Protect users and caregivers who possess and cultivate limited amounts of marijuana from arrest and prosecution by state authorities;
-Creates registry and requirement for identification cards and establish penalties for false statements and fraudulent ID cards;
-Protect doctors who advise patients to use marijuana from prosecution;
-Provide a medical defense; and
-Prohibit public use and driving under the influence of marijuana, and other restrictions.
2. ACLU v. Alaska court case ruling: The Superior Court of Alaska, First Judicial District, has issued Summary Judgment [late Monday, July 10, 2006] in the case ACLU v. State of Alaska as regards the recently-implemented law to re-criminalize the personal possession of marijuana. Summary judgment was granted to the ACLU when the judge ruled against part of the new re-criminalization law — the part that says less than 1 oz. would be a misdemeanor punishable by up to 90 days in jail, thus possession of less than 1 oz. remains protected under Ravin and the Alaska constitution.
The judge left a significant part of the new re-criminalization law in effect — the part that makes personal possession of 1 to 4 oz. a misdemeanor punishable by up to a year in jail and possession of 4 oz. or more as a felony. For the drug legalizers and the ACLU, the significance in the ruling is that it upheld the state constitution protecting possession of a small amount of marijuana in the privacy of the home, thus legalizing personal possession of less than 1 oz. of marijuana, even though in reality, it would appear that the ACLU lost ground in Alaska as prior to the new law, personal possession in the home of up to 4 oz. was protected. They believe it also opens the door to legalizing marijuana in other states on a constitutional basis. It would not be surprising to see Nevada as a target if the November ballot initiative to legalize fails to pass, as the constitution in that state has already been modified to allow the so-called medical use of marijuana by ballot initiative.
Alaska may appeal the decision, perhaps ultimately forcing the case to the State Supreme Court, which is the only court that can modify the 1975 Ravin ruling.
History of marijuana law in Alaska: [also see Marijuana Bills/Initiatives Listing]
May 16, 1975: The Legislature passed a law reducing the penalty for possessing any amount of marijuana in private and up to 1 oz. in any public place to a civil offense with a maximum $100 fine. Public use, possession of more than 1 oz. in public, possession by a person under the age of 18, and possession while operating a vehicle were made criminal misdemeanors, punishable by fines of up to $1,000. Sale remained a felony.
May 27, 1975: Alaska Supreme Court rules in Ravin case, but does not define the quantity of marijuana that may be possessed, simply stating “any” amount possessed in the home.
1982: The Legislature passed S.B. 190 which criminalizes possession of 4 oz. or more. This bill clarified the Ravin decision by defining the quantity of marijuana that would constitute intent to sell. Thus, the 4 oz. quantity that may be possessed in the home.
November 1990: Alaskans voted 54% to 46% via ballot initiative to re-criminalize personal use of marijuana. This re-criminalization initiative made possession of any amount less than 8 oz. a class B misdemeanor, punishable by up to 90 days in jail and a fine of up to $1,000.
August 2003: The Alaska Court of Appeals reaffirmed the 1975 court decision of Ravin, upholding the constitutional right to possess and use up to 4 oz. of marijuana at home in Noy v. State.
Sources:
1.“Judge Rules Against Alaska Marijuana Law,” by Matt Volz, The Seattle Times, July 10, 2006.
2. ACLU http://www.aclu.org/drugpolicy/decrim/26119prs20060711.html for summary judgment and media release
3. San Diego County v. State of California: Following upon the court ruling that the case would move forward as advised in last week’s Listing update, the ACLU, Americans for Safe Access, and the Drug Policy Alliance filed to be inserted into the lawsuit as was anticipated would occur once the court denied the state’s motion to dismiss. Also joining plaintiff San Diego County are San Bernardino and Merced counties. The drug legalizer groups state they are “intervening in order to assure adequate representation of those most impacted: medical marijuana patients, and their care-givers and doctors,” because San Diego County is threatening the health, well-being and lives of many Californians. Recent and past raids and undercover investigations of San Diego pot clubs have found that the pot clubs are selling marijuana to people with no health issues and that the Doctors doing the most ‘recommending’ are apparently in the business for the money, not the patients as for a fee anyone may receive the requisite ‘recommendation’.
The ACLU legal papers are available online at: http://www.aclu.org/drugpolicy/relatedinformation_legal_documents.html
4. Kern County (Bakersfield) (Kern Co. CA-Bakersfield) enacted an ordinance (7/12) that gives law enforcement the power to view the sales records of businesses that dispense medical marijuana. The new ordinance will also allow deputies, who have a warrant, to find out the names of the patients using the drug.
C. E. Edwards
Demand Reduction Office
Arizona HIDTA
Drug-free workplaces, schools & communities
Toll-free: 877-817-6809
520-547-8845
