[Alaska Lady]

Legal issues involving right to privacy, campaign finance, and free speech at the forefront of marijuana news

Last update: December 6, 2006

On June 5, 2006, the ACLU of Alaska filed suit against the state of Alaska challenging the legality of House Bill 149, which had recently been signed in to law by Gov. Frank Murkowski (R). Among other things, House Bill 149 effectively re-criminalized possession of small amounts of marijuana by adults in the privacy of their homes.

The ACLU's complaint alleges that this violates Alaskans' state constitutional right to privacy. The Juneau Superior Court agreed, and it struck down the portion of the new law that made it illegal to possess less than one ounce of marijuana in the privacy of one's home. The Superior Court ruled that the new law conflicted with past decisions by the Alaska Supreme Court, namely, the 1975 Alaska Supreme Court decision in Ravin v. State that allowed adults to possess small amounts of marijuana for personal use.

The state of Alaska has now appealed this decision to the Alaska Supreme Court, with arguments expected to be heard sometime during the spring of 2007. You can click here to find out more about this case, and view documents filed with the court.

In other news, the Marijuana Policy Project is pursuing a case against the Alaska Public Offices Commission (APOC), which is set for oral argument on February 5, 2007. In July of 2005, MPP filed suit against several members of APOC for refusing to investigate a complaint filed against Deputy Drug Czar Scott Burns and the White House Office of National Drug Control Policy (ONDCP). The complaint stemmed from the failure of the drug czar's office to file campaign finance reports showing how much money it spent opposing a 2004 initiative to allow marijuana regulation. Although the measure did not pass, 44% of Alaskan voters voted for the initiative.

Marijuana-related speech that occurred in Alaska has now given rise to a U.S. Supreme Court case that involves the First Amendment. On December 1, 2006, the U.S. Supreme Court accepted an appeal from the Ninth U.S. Circuit Court of Appeals to hear arguments concerning an 18-year-old student's right to exhibit a banner that read "Bong Hits 4 Jesus" at a non-school event held off campus. The student was suspended for 10 days in 2002 for holding up the sign as the Olympic torch relay passed through Juneau. He subsequently filed suit against the school board, alleging that his First Amendment rights had been infringed. The Ninth Circuit agreed, and now the school board has petitioned the U.S. Supreme Court to hear the case. Arguments are expected to take place in late February.

Alaska has always been on the forefront of marijuana reform. MPP's polling shows that 56% of Alaskans now say that possession of small amounts of marijuana should be legal. Additionally, polls in both 2002 and 2006 show public support for Alaska's medical marijuana law at an overwhelming 74%. As a residents of a state that has shown time and again that it believes in the personal freedom of its citizens, each and every one of you are in a unique position to effect real change. You can start by writing to your legislators and asking them to introduce legislation that would remove criminal penalties for adult marijuana use. You can also write letters to your local newspapers that express your support for taxing and regulating marijuana.

If you have questions about marijuana policy reform in Alaska, please contact AMRC at info@regulatemarijuanainalaska.org.