cannabisnews.com: Pot Measure Would Test Court Rulings
Pot Measure Would Test Court Rulings
Posted by CN Staff on February 05, 2005 at 07:10:09 PT
By Matt Volz, Associated Press
Source: Fairbanks Daily News-Miner
Juneau -- Stymied by the courts, Alaska's governor is looking for other ways to toughen Alaska's anti-marijuana laws.Pot laws are looser in Alaska than just about anywhere else in the country. Possessing small amounts of the drug for personal use is a privacy right protected under the state's constitution, the Alaska Supreme Court has upheld. Alaska is one of 11 states that allows the use of medical marijuana.
Republican Gov. Frank Murkowski wants state lawmakers to re-criminalize the drug, asking them to consider evidence of the marijuana's dangers that he contends should trump the right-to-privacy rulings. The "Alaska Supreme Court has shown an unwillingness to reconsider the latest scientific evidence on the harmful effects of marijuana," Murkowski wrote to Senate President Ben Stevens in introducing his proposed legislation. "A rational evaluation of marijuana's harmful effects must occur, and the Legislature should do that--not the courts."The state's marijuana laws have been shaped by 30 years of court decisions and voter referendums. In 1975, the state Supreme Court made it legal for adult Alaskans to possess a small amount of marijuana in their homes for personal use in the case of Ravin v. State.In 1990 a successful voter initiative criminalized all amounts of pot. Then in 2003, the Alaska Court of Appeals reversed that in the case of North Pole resident David Noy. The court said privacy rights guaranteed in the Alaska Constitution can't be taken away by voters or legislators.The Supreme Court declined the state's request last September to reconsider the Noy case, setting the legal possession limit at 4 ounces of marijuana.Bill Satterberg, the Fairbanks attorney who filed the Appeals Court petition in the Noy case, says the debate has swung from one side to the other, but the appellate court's decision in Noy strikes a balance.And in November, a ballot initiative to legalize marijuana and possibly tax it similar to alcohol and cigarettes failed to pass with 44 percent of the vote."I think the pendulum has swung to too permissive--the (legalization initiative) was too permissive, in my opinion," Satterberg said. "Then it swings the other way, and it is too restrictive."Murkowski's bill would make possession of 4 ounces of marijuana or more a felony, and possession of up to 4 ounces a misdemeanor.Current law makes it a misdemeanor to possess up to a half-pound of marijuana.But most importantly, one of the bill's authors contends, going through the Legislature will allow a weighty body of evidence on the dangers of marijuana to be entered into the record.The state can take the record of evidence back to the courts, where such information was missing when earlier rulings were made, said Dean Guaneli, chief assistant attorney general.The hearings spurred by the bill will allow the state to enter evidence that marijuana poses a threat to public health "that justifies prohibiting its use and possession in this state, even by adults in private," the bill's language says.That way, the courts will be able to look at that evidence the next time the privacy issue is considered in a marijuana case."The first thing the courts do is look to the legislative record," Guaneli said. "If the legislative reasons are better, the courts' constitutional analysis will change."Satterberg said he doubts the state's efforts to re-criminalize marijuana are a good use of resources, saying there are better things to do than debate marijuana's effects. The bill, if it passes, would raise police and court costs, and make instant felons out many Alaska residents, he said.But he can see the Murkowski bill passing through the Legislature--lawmakers may be reluctant to be seen as coming out in favor of drugs, he said."The problem is, it's a mother, God, apple pie thing," he said.Tim Hinterberger, a University of Alaska Anchorage professor and one of the campaign organizers of the failed initiative to legalize marijuana, said lawmakers should consider that 134,647 voters supported the measure in November."I'm hopeful that our legislators are a bit more in tune with the will of the people than that," he said. "I don't think the momentum is on the side of returning to prohibition."Guaneli said he believes Murkowski's bill will pass and be upheld in the courts, ending the state's 30-year debate over privacy and pot."I think once the courts say the Legislature has good grounds for doing this, the issue will be put to rest," he said.Source: Fairbanks Daily News-Miner (AK)Author: Matt Volz, Associated Press Published: Saturday, February 05, 2005 Copyright: 2005 Fairbanks Publishing Company, Inc.Contact: letters newsminer.comWebsite: http://www.news-miner.com/ Related Articles:Governor Moves To Change Pot Lawhttp://cannabisnews.com/news/thread20151.shtmlDA Asks Judge To Look at Issue of Possessionhttp://cannabisnews.com/news/thread20038.shtmlMarijuana Ruling Puts Police on Hold http://cannabisnews.com/news/thread17246.shtml
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Comment #32 posted by FoM on February 07, 2005 at 08:05:35 PT
OverwhelmSam
I have a dream too. Cannabis can help people in so many ways and doesn't cost a lot of money since it is a plant and can be grown. When the government can't figure out how to make money off of something it shows no interest and can make money if it is kept illegal. Hopefully soon society will see that money shouldn't rule us. Money is necessary but this is down right wrong what they've done to this medicinal plant.
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Comment #31 posted by OverwhelmSam on February 07, 2005 at 03:18:31 PT
I Have A Dream
The govenor of Alaska is obviously prejudiced against marijuana users - like so many others in government. It amazes me that they fight marijuana use so ardently, especially with the health and safety argument. It's not as dangerous to health as overeating, smoking (tobacco), or alcohol. And it's not as dangerous to safety as, say, driving down a highway with hundreds of tons of metal travelling at speeds of 60, 70 and up cutting in and out of traffic. So why do they paint marijuana use as such a dire, dangerous and debilitating activity, when it's use is clearly relatively safe?
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Comment #30 posted by FoM on February 06, 2005 at 11:43:15 PT
mayan
Did you see the Michael Moore produced video of Rockin in The Free World? It's small but I blew it up which made in grainy but it was well done.http://www.cannabisnews.com/news/thread20183.shtml#115
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Comment #29 posted by FoM on February 06, 2005 at 11:39:13 PT
Time's They Are A Changin'
mayan and siege it really is hard for me to understand how we got here from there.
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Comment #28 posted by mayan on February 06, 2005 at 11:35:57 PT
1973
Who would've thought back then that our vehicles would still be running on gasoline in 2005?
[ Post Comment ]
Comment #27 posted by siege on February 06, 2005 at 11:32:43 PT
FoM
nuclear power I worked on one that would make enough power for seven states from Cal. and they will not let it run. the cost of a KW was .021/2 cents. My father and I
made a small hot water power plant that used up the burned out nuclear rods. the unit could power a city of 100,000 and at the end of 20-30 years you had about one cup of nuclear dust to get rid of. the Gov't. got rid of the Patents they cannot be found any where. they said it was to cost efficient.
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Comment #26 posted by FoM on February 06, 2005 at 11:29:00 PT
A Little More From Way Back In Those Days
I found this article on the 73 Gas Shortage. I thought it was interesting. http://www.ccds.charlotte.nc.us/History/MidEast/04/horton/horton.htm
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Comment #25 posted by FoM on February 06, 2005 at 11:16:11 PT
mayan
I said I didn't change but look neither did Mother Earth News except it is online now too. http://www.motherearthnews.com/
[ Post Comment ]
Comment #24 posted by FoM on February 06, 2005 at 11:03:55 PT
mayan
I know you are right. Back in the 70s we had the gas shortage. We had a VW Bug and it got good miles to the gallon but I remember waiting in a line to get gas. I thought ok we don't have enough oil so lets change it. We decided to heat with wood to save oil when we built our house in the late 70s and early 80s. We bought a Magazine called Mother Earth News and thought is was such a help. Gardening and growing your own vegetables without chemicals. What went wrong? I didn't change the USA changed.
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Comment #23 posted by mayan on February 06, 2005 at 10:57:52 PT
FoM
We could make oil and other fossil fuels virtually obsolete if we really wanted to. Between the earth,water,sun,wind, green plants and our technology we have all that we need to sustain.It's a shame that greed exists. Such a damned shame!!! We will likely learn the hard way if we're still here to learn anything at all.
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Comment #22 posted by FoM on February 06, 2005 at 10:08:55 PT
mayan
About oil. I sure hope there isn't oil where we live. Oil seems to be the most important issue in this administration. I guess if you are into oil it would be. How about his safe enviornmental friendly nuclear power that he mentioned in that speech? I couldn't believe it. How about Hemp as a source of fuel or other natural non lethal means to an end?
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Comment #21 posted by mayan on February 06, 2005 at 09:41:32 PT
Oil
Murkowski has always been an oil puppet. It's obvious who is pulling his strings.
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Comment #20 posted by ekim on February 05, 2005 at 22:49:37 PT
AK anounces Hearings to show Hemp benifits
bring em on Kap.
its time that the people had some good news.
i hope every know expert will go to AK and tell the truth and nothing but the truth.
like Dr Grinspon- Dr. Russo- Dr. Abrams- and i am sorry a bout the countless others that are well know in their fields.
unlike the others Shaffer ----this Hearing will be Televised.sixtyfbfs ----i bet that Tech TV could do some interviews of the Conference and mybe even take a question or two on this subject.
http://www.leap.cc/events
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Comment #19 posted by kaptinemo on February 05, 2005 at 22:05:10 PT:
Renkes is the one who tried to get around
the Alaskan Supreme Court ruling by referring State cannabis cases to the Feds; it's pretty clear his loyalties were not to the Alaskan taxpayers funding his salary. One less porcine snout at the trough; I seriously doubt he'll be missed by many Alaskans...
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Comment #18 posted by kaptinemo on February 05, 2005 at 21:57:35 PT:
And the legislature would be worse
He might as well commit political hara-kiri; the facts would be arrayed against the propaganda there too. By all means, Frank-me-lad, go ahead.
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Comment #17 posted by FoM on February 05, 2005 at 21:57:20 PT
Excerpt from Article
Embattled Alaska Attorney General Resigns Sunday February 06, 2005 Renkes' legal advice has repeatedly generated controversy since he was appointed by Murkowski in 2002. He was point man for a Murkowski proposal to abolish the state agency that oversees campaign finance and lobbying activities, the Alaska Public Offices Commission. Renkes contended the commission was slow to resolve complaints and that it appeared to be influenced by partisan politics. The measure failed. After the Alaska Court of Appeals ruled Alaskans could possess up to 4 ounces of marijuana in their homes, Renkes ordered state police to continue to seize and treat as evidence all marijuana found - even if it was under 4 ounces. Renkes appealed the ruling and was denied a rehearing by that court and the Alaska Supreme Court. Complete Article: http://www.wjla.com/news/stories/0205/205284.html
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Comment #16 posted by kaptinemo on February 05, 2005 at 21:39:19 PT:
I expect Murkowski's leash to be yanked any day
And by his fellow prohibitionists. Here's partly why: http://blogs.salon.com/0002762/stories/2005/01/29/governmentGetsSupremeFreeR.html . This is something the antis have tried to block at every turn, and now Murkowski wants to edge ahead of the herd and give it a try? Hubris breeds arrogance, which leads to tactical mistakes. Trying to justify this in court would open himself to attack by activists armed with facts. A singularly dumb move.But of course, prohibition itself is a dumb move...
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Comment #15 posted by FoM on February 05, 2005 at 19:42:41 PT
Jose
Maybe if we keep doing what we do best we might actually see some changes in cannabis laws. There are very few things that I have hope about as far as our country and its current direction but I do have a little bit of hope for our issue. Ever since 9/11 we have been pushed into an ever deepening corner but we are getting the word out and soon they might not be able to deny us.
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Comment #14 posted by jose melendez on February 05, 2005 at 18:32:54 PT
much respect
Thanks to cannabisnews.com for the many inspiring and educational words. Here's the link to the study I describe in my letter in comment #10 Cannabis Vaporizer Combines Efficient Delivery of THC with Effective Suppression of Pyrolytic Compoundshttp://www.ukcia.org/research/CannabisVaporizer.pdfFrom the abstract:Cannabis vaporization is a technology designed to deliver
inhaled cannabinoids while avoiding the respiratory hazards of smoking
by heating cannabis to a temperature where therapeutically active cannabinoid vapors are produced, but below the point of combustion where
noxious pyrolytic byproducts are formed.This study was designed to evaluate the efficacy of an herbal vaporizer known as the Volcano
®, produced by Storz & Bickel GmbH&Co.
KG, Tuttlingen, Germany ( http://www.storz-bickel.com ) Three 200 mg
samples of standard NIDA cannabis were vaporized at temperatures of
155°-218°C. For comparison, smoke from combusted samples was also
tested.The study consisted of two phases: (1) a quantitative analysis of the
solid phase of the vapor using HPLC-DAD-MS (High Performance Liquid Chromatograph-Diode Array-Mass Spectrometry) to determine the
amount of cannabinoids delivered; (2) a GC/MS (Gas Chromatograph/
Mass Spectrometer) analysis of the gas phase to analyze the vapor for a
wide range of toxins, focusing on pyrene and other polynuculear aro-
matic hydrocarbons (PAHs).The HPLC analysis of the vapor found that the Volcano delivered
36%-61% of the THC in the sample, a delivery efficiency that compares
favorably to that of marijuana cigarettes.
The GC/MS analysis showed that the gas phase of the vapor consisted
overwhelmingly of cannabinoids, with trace amounts of three other compounds. In contrast, over 111 compounds were identified in the combusted
smoke, including several known PAHs.The results indicate that vaporization can deliver therapeutic doses of
cannabinoids with a drastic reduction in pyrolytic smoke compounds.
Vaporization therefore appears to be an attractive alternative to smoked
marijuana for future medical cannabis studies.[Article copies available for
a fee from The Haworth Document Delivery Service: 1-800-HAWORTH. E-mail
address: docdelivery haworthpress.com Website: http://www.HaworthPress.com© 2004 by The Haworth Press, Inc. All rights reserved.]KEYWORDS: Marijuana, cannabis, vaporization, smoking, harm reduction
google's cache of the 2004 study
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Comment #13 posted by global_warming on February 05, 2005 at 17:40:55 PT
re:#12
"These "friendly deterrent" laws are insane. Punishing peaceful citizens for their individual choices is the epitome of the nanny state, and a Republican, supposedly a champion of minimal government, should be ashamed to support, much less spearhead, such a measure. Unfortunately, he obviously displays some zeal for this bill, and I'm afraid that he won't find the opposition in the legislature that he would find among scholars on the topic. "Unfortunately, our society has no respect for scholars or truth, this over zealous support, will destroy the heart and soul of what makes America so Great.Hope some of the people wake up and "VOTE" ,gw
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Comment #12 posted by runderwo on February 05, 2005 at 17:13:12 PT
two things
So this guy thinks this is a public health issue that overrides an individual's right to his own body. One of two things is going on here:1) This is more bleed-over from the lawsuits that claim fast food, smoking (personal, not secondhand), etc are public health issues and fat/dying people are the state's responsibility and not due to poor individual choices2) This guy is beyond arrogant and assumes that he knows better than everyone else how to conduct themselves privately - evangelizing some personal gripe against potheads, probablyThe worst part about #2 is that this guy is deluded into believing that prison sentences (and a FELONY conviction, for crissake) do less damage to the pothead's life than the drug, and the cost of imprisoning the person is justified because he has been removed from society. How can he possibly believe that is a more rational approach than even mandatory "addiction" treatment?These "friendly deterrent" laws are insane. Punishing peaceful citizens for their individual choices is the epitome of the nanny state, and a Republican, supposedly a champion of minimal government, should be ashamed to support, much less spearhead, such a measure. Unfortunately, he obviously displays some zeal for this bill, and I'm afraid that he won't find the opposition in the legislature that he would find among scholars on the topic.
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Comment #11 posted by FoM on February 05, 2005 at 17:05:43 PT
Andy Garrett's Cannabis Museum Pictures
I was amazed at this web site when I saw it the first time. I hope most people have seen it too. If not enjoy!The GCW and Jose! You guys are on fire! Keep up the great writing!Andy Garrett's Cannabis Museum Pictures: http://www.conquestdesign.com/uncler/index.html
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Comment #10 posted by The GCW on February 05, 2005 at 16:52:55 PT
Jose Melendez helps Us understand...
US CT: LTE: Weed Like To See the Science
Newshawk: The GCW
Pubdate: Feb. 3, 2005
Source: New Haven Advocate (CT)
Copyright: 2005 New Mass Media, Inc
Contact: jmamis newmassmedia.com
Website: http://www.newhavenadvocate.com/
Details: http://www.mapinc.org/media/291
Author: Jose Melendez
Referred: http://www.mapinc.org/drugnews/v05/n026/a01.html?236003
Referred: http://www.mapinc.org/drugnews/v05/n145/a07.html?3127
Viewed at: http://www.newhavenadvocate.com/gbase/News/content.html?oid=oid:98752
Weed Like To See the Science Much thanks and respect to letter writer Stan White ("Does Jesus Get the Munchies?"Jan. 20) and columnist Tom Gogola (Fishing Report, Jan. 20) for humorously reminding us that it's high time to stop jailing marijuana users. For the record, the Yale study purporting to relate marijuana use to health problems associated with smoking tobacco did not make the distinction of rates of respiratory symptoms for marijuana-only smokers. According to Jacqueline E. Weaver, Yale Office of Public Affairs Assistant Director for Science and Medicine, "[t]hey were interested in looking at the additive effect." A 2004 study found that "a drastic quantitative reduction in non-cannabinoid compounds" may be achieved by using a vaporizer, which effectively suppresses most of the dangerous byproducts of combustion, such as polycyclic aromatic hydrocarbons. Jose Melendez
DeLand, Florida
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Comment #9 posted by global_warming on February 05, 2005 at 16:34:39 PT
That Wings Link, Awesome.
Sometimes I wonder, If this world got off on the wrong foot.This world makes me crazy, as in madness, I feel so stifled by all these regulations and laws, can I walk the correct steps? Can I fulfill all those other peoples expectations?
--"If pot is not legal then neither should Alcohol be. "-Comment 8,..All those "mad hatters" up in Washington would surely go crazy..--I, enjoy any inputs about "History" any one that can illuminate history is a great mind. That wings link, T(6), was excellent, it illuminates how we have gotten here in our current mindset... thanks..--I reaally could have a better life if all those sniffing authorities, could find more practical adventures, they exist to find evil and destroy it, it seems that they have captured all those demons and now they are deciding to invent new demons,--Guess who those new demons will be...--
gw
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Comment #8 posted by b4daylight on February 05, 2005 at 16:05:49 PT
Comment #1
Have they ever gave us evidence besides it is dangerous?No numbers of long term effectsNo overdosingNo sort term serious imlications no high addiction ratesnothinganother interesting thing will they show evidence from other countries? Currently America doe not accept this.
Holland has a ton of evidence all that supports this issue. This is going to be great for Pot if it is conducted in an unbias mannar and given an ounce of truth.You simply can not tell me Alcohol is safer than pot. There is no way logically that this could be.Alcohol you can overdose higher addiction rateyou loose your judgement Your motor functions are impairedas for long term effects that is my choice.If pot is not legal then neither should Alcohol be.
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Comment #7 posted by FoM on February 05, 2005 at 15:18:00 PT
Telarus
I watched this show on the History Channel. It covered how things were and how they have changed very well. I hope most here have seen this at least one time.Hooked: Illegal Drugs and How They Got That Way: http://store.aetv.com/html/product/index.jhtml?id=70805
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Comment #6 posted by Telarus on February 05, 2005 at 15:08:53 PT:
Very Excellent Article
[Quote]
Few people are aware that before World War I, a 9-year-old girl could walk into a drug store and buy heroin.That's right – heroin. She didn't need a doctor's prescription or a note from her parents. She could buy it right off the shelf. Bayer and other large drug companies sold heroin as a pain-reliever and sedative in measured doses – just the way aspirin is sold today. Cocaine, opium, and marijuana were readily available as well. No Drug Enforcement Agency, no undercover cops, no "Parents – the Anti-Drug" commercials. Just people going about their own business is whatever way they chose.
[/Quote]
One of the best resources from that article is the link to pictures of actual drug labels from pre-Prohibitionist America. Go here: http://wings.buffalo.edu/aru/preprohibition.htm
The Drug Crisis
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Comment #5 posted by ekim on February 05, 2005 at 13:43:50 PT
Ben Stevens allow Leap to testify at your hearing
," Murkowski wrote to Senate President Ben Stevens in introducing his proposed legislation. "A rational evaluation of marijuana's harmful effects must occur, and the Legislature should do that--not the courts."Feb 5 05 WAIF 88.3FM with Ken Naegle 03:00 PM Eleanor Schockett Cinncinnati Ohio USA
Board Member Judge Eleanor Schockett will be interviewed by Ken Naegle of WAIF 88.3FM radio. The interview will be taped and aired between 2-5am EST on Feb 10th. Listen to the interview online at http://www.waif883.org. Feb 6 05 Northern Hills Fellowship (Unitarian Universalist) Worship Service 10:30 AM Eleanor Schockett Cincinnati Ohio USA
Members of the Northern Hills Fellowship (Unitarian Universalist) Worship Service welcome Judge Eleanor Schockett for discussion of issues related to the failure of drug prohibition. Feb 6 05 Adult Forum of the Northern Hills Fellowship (Unitarian Universalist) Worship Se 09:30 AM Eleanor Schockett Cinncinnati Ohio USA
Members of the Adult Forum of the Northern Hills Fellowship (Unitarian Universalist) Worship Service welcome Judge Eleanor Schockett for discussion of issues related to the failure of drug prohibition. Feb 7 05 Springfield Rotary 12:00 PM Eleanor Schockett Springfield Ohio USA
Board Member Judge Eleanor Schockett visits with members of the Springfield Rotary for lunch and to discuss issues related to the failure of the war on drugs. Feb 7 05 Bethany Lions 06:00 PM Howard Wooldridge Bethany Okahoma USA
Members of the Bethany Lions Club welcome Board Member Howard Woodridge for dinner and discussion of issues related to the failure of drug prohibition. Feb 7 05 Syracuse Social Movements Initiative 11:30 AM Peter Christ Syracuse New York USA
Board Member Peter Christ will participate in the Syracuse University's 2005 spring semester Syracuse Social Movements Initiative series. This semester's social theme is "Tactics and Strategies for Social Change."
http://www.leap.cc/events
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Comment #4 posted by global_warming on February 05, 2005 at 13:20:26 PT
Is this guy a nut or a republican?
"Republican Gov. Frank Murkowski wants state lawmakers to re-criminalize the drug, asking them to consider evidence of the marijuana's dangers that he contends should trump the right-to-privacy rulings."I cannot believe I'm hearing these words. This has to be one of the dumbest jackasses ever to walk, right next to that Souder mule.Things like FREEDOM and The Right To Privacy are not negotiable nor should they ever be (PERIOD).
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Comment #3 posted by WolfgangWylde on February 05, 2005 at 09:52:48 PT
No bleed over...
...the wall between tobacco/alcohol and marijuana is firmly in place. That's gonna be some dog and pony show up there. Wonder if they'll even let our side present its case.
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Comment #2 posted by FoM on February 05, 2005 at 07:58:28 PT
My Thoughts
All of the states that decriminalized back in the 70s with Alaska could well be next. Talk about turning back time.
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Comment #1 posted by John Markes on February 05, 2005 at 07:55:36 PT
Bleed-over...
Maybe this could bleed over... If they show evidence that might make the court consider it harmful enough to outweigh privacy rights, then what would that force upon the state when it comes to alchohol and tobacco? Not to mention other drugs that can kill you, which marijuana doesn't do. I don't think they are considering all of the implications...
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