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Marijuana Ban Unconstitutional, Alaska Appeals Court Says

 
 
Reply Sat 30 Aug, 2003 09:41 am
Marijuana Ban Unconstitutional, Alaska Appeals Court Says
The Associated Press - Published: Aug 29, 2003

JUNEAU, Alaska (AP) - A law banning Alaskans from possessing any amount of marijuana in their homes has been ruled unconstitutional by a state appeals court Friday.
Friday's decision by the Alaska Court of Appeals reversed the 2001 drug conviction of a North Pole man and ordered a new trial.

The ruling affirms a 1975 Alaska Supreme Court decision that found it legal to possess less than four ounces of marijuana in one's home. That ruling found that the state constitution's strong privacy law superseded legislative attempts to ban marijuana.

Alaska voters approved a law in 1990 that criminalized the possession of any amount of drug in any location. That law had gone unchallenged until David Noy appealed his conviction on a count of sixth-degree misconduct involving a controlled substance. A search of Noy's home had turned up five live pot plants, growing equipment and other paraphernalia.

Attorney General Gregg Renkes has said he will petition the state Supreme Court for a review. Republican Gov. Frank Murkowski called the court's ruling "regrettable."
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Type: Discussion • Score: 2 • Views: 2,422 • Replies: 12
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Frank Apisa
 
  1  
Reply Sun 31 Aug, 2003 07:09 am
Pot should be decriminalized everywhere.

Go Alaska!
0 Replies
 
blueveinedthrobber
 
  1  
Reply Sun 31 Aug, 2003 07:36 am
Stoned people don't fight and support wars and aggressive behavior, can't have that ****......speed and liquor....that's how to keep 'em fighting.......
0 Replies
 
patiodog
 
  1  
Reply Sun 31 Aug, 2003 10:07 am
Liquor? But I just met her.
0 Replies
 
blueveinedthrobber
 
  1  
Reply Sun 31 Aug, 2003 01:28 pm
rectum? damn near killed 'em.....
0 Replies
 
patiodog
 
  1  
Reply Sun 31 Aug, 2003 05:12 pm
Sphincter? How 'bout I pyramid her?
0 Replies
 
blueveinedthrobber
 
  1  
Reply Mon 1 Sep, 2003 04:49 pm
king kong balls? I thought he said ping pong balls.......
0 Replies
 
mikey
 
  1  
Reply Mon 1 Sep, 2003 07:54 pm
good on alaska,
cali is having a struggle i hear overruling federal law but are appealing to a higher court.
0 Replies
 
Frank Apisa
 
  1  
Reply Fri 5 Sep, 2003 04:49 pm
Here's something you folks might enjoy reading.



http://aolsvc.health.webmd.aol.com/content/Article/73/81986.htm
0 Replies
 
bongstar420
 
  1  
Reply Fri 26 Sep, 2003 08:21 pm
we got some thing similar in process
As you can tell, I am an enthuiast. I recently found some leglislation in process in oregon through www.norml.org. It lead me to this site www.oregonci.org

This legislation makes it safe for someone to posess and grow certain amounts. However it actually increases penalties for various offences. I dont like this, but I will support it. This is because I would rather have strict laws that allow me to grow and consume, then laws that restrict all of my usage.

The first step towards legalization is in process and that cannot be denied. That step is the accecpted medicalization of the herb. Next we have decrimilization. Ounce that has happened there will be no alturnative but to legalize and profit. I will not be suppresed, and neither will my assioates.

The fact of the matter is that the government cannot lie forever. People will find out what the plant really is. Its just to bad that most people trust certain things to be true.

We cannot see eye to eye, but I urge to you do something, anything, nomatter how small. You can. go to the norml site. then find your way to your states chapter. get involved. we need to show how many credible people support marijuana. more importantly we need to show the shere numbers.
0 Replies
 
bongstar420
 
  1  
Reply Fri 26 Sep, 2003 08:37 pm
nevermind it doesnt really chang our current penalties
Incarceration
Fine
Possession
Less than 1 oz* misdemeanor none $500 - $1,000
1 oz to 110 g felony 10 years** $100,000
More than 110 g felony variable depending on prior record variable
*Medical use permitted with no more than 1 oz, or 3 plants, and state registration.
**Conditional discharge available.
Sale, Cultivation or Manufacture
Gift of less than 5 g misdemeanor none $500 - $1,000
Gift of 5g to 1 oz misdemeanor 1 year $5,000
Any amount felony 10 years $200,000
To a minor at least 3 years younger than seller, or within 1,000 feet of a school felony 20 years $300,000
Any manufacture felony 20 years $300,000
Miscellaneous (paraphernalia, license suspensions, drug tax stamps, etc...)
Paraphernalia sale misdemeanor 1 year $5,000
Details

Possession of less than one ounce of marijuana is punishable by a fine of $500 - $1,000. Possession of one ounce or more is punishable by up to 10 years in prison. Conditional discharge is possible for possession offenses. Possession of greater than 110 grams is considered a commercial drug offense and penalties are substantially greater, depending on the prior record of the offender.

Delivery of less than five grams, for no remuneration, is punishable by a fine of $500 - $1,000. Delivery for no remuneration of less than one ounce is punishable by up to one year in jail and a fine of up to $5,000. Any sale of marijuana is punishable by up to 10 years in prison and a fine of up to $200,000.

Possession of one ounce or less or cultivation of three plants or less is lawful for any person who possesses a registry identification card indicating that the person is a patient who uses marijuana for medicinal purposes. This is an affirmative defense to any charges of possession or cultivation within the amount limits.

Any sale to a minor, at least three years younger than the offender, or any sale within 1,000 feet of a school is punishable by up to 20 years in prison and a fine of up to $300,000.

Any manufacture of marijuana is punishable by up to 20 years in prison and a fine of up to $300,000.

Sale of paraphernalia is punishable by up to one year in jail and a fine of up to $5,000.


Conditional release: The state allows conditional release or alternative or diversion sentencing for people facing their first prosecutions. Usually, conditional release lets a person opt for probation rather than trial. After successfully completing probation, the individual's criminal record does not reflect the charge.

Mandatory minimum sentence: When someone is convicted of an offense punishable by a mandatory minimum sentence, the judge must sentence the defendant to the mandatory minimum sentence or to a higher sentence. The judge has no power to sentence the defendant to less time than the mandatory minimum. A prisoner serving an MMS for a federal offense and for most state offenses will not be eligible for parole. Even peaceful marijuana smokers sentenced to "life MMS" must serve a life sentence with no chance of parole.

Decriminalization: The state has decriminalized marijuana to some degree. Typically, decriminalization means no prison time or criminal record for first-time possession of a small amount for personal consumption. The conduct is treated like a minor traffic violation.

Medical marijuana: This state has medical marijuana laws enacted. Modern research suggests that cannabis is a valuable aid in the treatment of a wide range of clinical applications. These include pain relief, nausea, spasticity, glaucoma, and movement disorders. Marijuana is also a powerful appetite stimulant and emerging research suggests that marijuana's medicinal properties may protect the body against some types of malignant tumors, and are neuroprotective. For more information see NORML's Medical Marijuana section.




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0 Replies
 
Diane
 
  1  
Reply Fri 26 Sep, 2003 10:40 pm
BBB, I've only had pot a couple of times since living in San Francisco in the 60's, but not using doesn't mean I don't think it should be a personal option. More important, good citizens should not be jailed for using or possession; it only causes a loss to the family and to the community.
These laws are criminal. Thank heaven more and more states are pushing for legalization. It will happen, hopefully in my lifetime.
0 Replies
 
bongstar420
 
  1  
Reply Sat 27 Sep, 2003 06:53 pm
Diane wrote:
BBB, I've only had pot a couple of times since living in San Francisco in the 60's, but not using doesn't mean I don't think it should be a personal option. More important, good citizens should not be jailed for using or possession; it only causes a loss to the family and to the community.
These laws are criminal. Thank heaven more and more states are pushing for legalization. It will happen, hopefully in my lifetime.


Please help, we need you.
0 Replies
 
 

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