Warning, Hope for State in Alaska Pot Protection
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Warning, Hope for State in Alaska Pot Protection
Posted by CN Staff on May 26, 2010 at 04:42:01 PT
By Kevin Fagan, Chronicle Staff Writer
Source: San Francisco Chronicle 
San Francisco -- If Californians want a glimpse of how the landscape might look should a November ballot initiative to legalize marijuana pass, they could turn north. They would see complication. And a cautionary lesson. And maybe hope for those who want pot smoking legitimized.For 35 years, it's been virtually legal in Alaska, with its fiercely frontier mentality, to smoke marijuana at home and grow small amounts there - currently up to 1 ounce - just as proposed in California's Regulate, Control and Tax Cannabis Act.
It's the most liberal pot policy in the nation, made that way under a 1975 Alaska Supreme Court ruling that said that what a person does in his home is protected under an unusually strong privacy provision in the state's Constitution.The ruling affirmed that anything that isn't harmful can be done at home without official interference, and the justices decided that cultivating small amounts of cannabis was harmless. The trouble is that even with this constitutional protection, marijuana is still illegal in Alaska under federal law, just as it will be in California even if the November initiative passes. It's even marginally illegal under state law. Misconceptions Widespread  That means Alaska's protection for pot smokers is applied gingerly and is often misinterpreted, officials say.They predict the same for California."We've had this court ruling on the books for 35 years, and I don't think it created Armageddon up here - but there is still a misconception in the public regarding the law," said Megan Peters, spokeswoman for the Alaska State Troopers. "People think they can just have it anywhere, and that's not true."In Alaska, Peters said, the common practice is that people can keep as much as an ounce at home. Even though a recently passed law made possession a low-level misdemeanor punishable by 90 days in jail, no arrests have been made for simple private use, Peters said. The 35-year-old precedent of privacy rights is still too strong. Snipped   Complete Article: San Francisco Chronicle (CA)Author: Kevin Fagan, Chronicle Staff WriterPublished: May 24, 2010Copyright: 2010 San Francisco Chronicle Contact: letters sfchronicle.comWebsite: CannabisNews  -- Cannabis  Archives
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Comment #6 posted by Hope on May 26, 2010 at 16:32:48 PT
Lol!And it's true, too.
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Comment #5 posted by b4daylight on May 26, 2010 at 15:34:10 PT
""We've had this court ruling on the books for 35 years, and I don't think it created Armageddon up here - but there is still a misconception in the public regarding the law," said Megan Peters, spokeswoman for the Alaska State Troopers"Cannabis should be legal, but we like to confuse people about it. Then point out they are confused about it. 
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Comment #4 posted by charmed quark on May 26, 2010 at 15:03:03 PT
Gov asks for up to 1 year delay in NJ MM law will, of course, oppose this
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Comment #3 posted by dongenero on May 26, 2010 at 09:21:02 PT
If state legalization passes, you may be left with only the Federal government trying to imprison you and cause your financial ruin, not the Fed AND State both.Warning.
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Comment #2 posted by Sam Adams on May 26, 2010 at 08:40:04 PT
seems like a silly article, AK doesn't allow sales & taxation or any cultivation whatsoever, there are huge differences between their law and the initiative.
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Comment #1 posted by Richard Zuckerman on May 26, 2010 at 07:57:33 PT:
Vote only for freedom-supporting candidates:
Overgrow the Government. Get on these lousy lawyers to raise the fully informed jury charge in the trial court, to the intermediate appellate court, and TO THE UNITED STATES SUPREME COURT!! Get on these lousy lawyers to raise a challenge to the "Marijuana" laws as violative of the State Constitutional Right to pursuit of happiness, privacy, unreasonable searches and seizures without a warrant, Due Process of Law. There are far too many lawyers whom are more concerned with moving their docket along and do not raise these issues and pursue these issues for appeal, despite the huge student loan debt upon their graduation from law school. In addition, too many lawyers neglect to raise these issues in order to co-opt the legal profession and maintain their private preserve for the affluent legal system!!I am awaiting the Law School Admissions Council $12 book on how to prepare for the LSAT (Law School Admissions Test). I intend on paying $800 to take a preparation course for the LSAT, whether through Kaplan or somebody else. I have submitted a petition for certiorari 11 times in my 52 years lifetime, including the jury rights, bad faith prosecution, F.R.Cr.P. 48(a), and Second Amendment right to keep and bear arms. Ask your attorney how many petitions for certiorari he/she has submitted in his/her professional career? MAKE SURE EVERY READER DISCUSSES THE WWW.TAXCANNABIS.ORG BALLOT INITIATIVE WITH EVERY POSSIBLE PERSON, INCLUDING YOUR NEIGHBORS. ASK LISTENERS IF THEY ARE AWARE THAT OUR BODIES MAKE "ENDOCANNABINOIDS", "ENDOGENOUS CANNABINOIDS", AND THAT A FEW RESEARCHERS CLAIM CHILDREN CANNOT DEVELOP NORMALLY WITHOUT OUR INTERNALLY-PRODUCED CANNABINOID-LIKE SUBSTANCES? MORE FOLKS OUGHT TO BE TOLD THAT POLICE ONLY SOLVE 10%-20% OF THE CRIMES, YOUR TAXES ARE SKY HIGH AS A RESULT OF POLICE ARRESTS FOR "MARIJUANA", THAT THE 9TH CIRCUIT ISSUED A PUBLISHED DECISION IN 2000 ENTITLED BLAIR V. CITY OF POMONA, CALIFORNIA, ACKNOWLEDGING A "CODE OF SILENCE" IN POLICE DEPARTMENTS; IN OTHER WORDS, YOUR LISTENERS ARE VOTING FOR PROVEN LIARS AND YOUR HIGHER AND HIGHER TAXES REFLECT YOUR VOTER-IGNORANCE ON THIS MATTER. THE PEOPLE SHOULD RECOGNIZE THE NONSENSE SPEWED OUT BY POLICE AND VOTE AGAINST POLICE! WE SHOULD HAVE AS MUCH FIREPOWER AS THE POLICE!! POLICE SHOULD HAVE ABSOLUTELY NO POLICE POWER TO ARREST SOMEBODY FOR CANNABIS/"MARIJUANA"/HEMP!!! LET'S VOTE FOR PUBLIC OFFICE CANDIDATES WHOM WANT TO ALLOW US TO USE HEMP TO FUEL OUR AUTOMOBILES, WWW.HEMPCAR.ORG, WWW.VOTEHEMP.COM, INSTEAD OF DRILLING FOR OIL IN THE OCEAN AND THE CONSEQUENT POLLUTION, WARS, AND FISCAL EXPENDITURES FOR SAME WHICH ARE BANKRUPTING OUR NATION FOR A ONE WORLD GOVERNMENT!! Have you folks heard the State of Texas is planning on improving the curriculum of their government schools to require teaching the history of the Second Amendment right to keep and bear arms, among other worthwhile improvements? Government schools are a TOTAL WASTE OF TAX MONEY because the curriculum is woefully inadequate. Yet, the right to an Education is a State Constitutional Right, NOT a federal constitutional right, and the States accept the "No Child Left Behind" in order to receive money from the "United States Department of Education"!! Watch the movie entitled The Cartel! Navigate through for a showing of this documentary near you!! Watch the documentary entitled Food, Inc., too.
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