willstrickland Posted November 19, 2003 Share Posted November 19, 2003 Appeals court denies marijuana case appeal By Associated Press ANCHORAGE The Alaska Court of Appeals has rejected a request by the state to reconsider a decision allowing adults to possess small amounts of marijuana for personal use. In a ruling Friday, the court denied Alaska Attorney General Gregg Renkes' petition for a rehearing in the case of David Noy, a North Pole man who was arrested in 2001 after he was found with marijuana in his home. Renkes said the next step is to ask the Alaska Supreme Court take up the case. In August, the appeals court reversed Noy's conviction and ruled that Alaskans have the right to possess less than four ounces of marijuana in their homes for personal use. The court based its ruling on the broad right to privacy in Alaska's Constitution, as interpreted in the 1975 landmark Alaska Supreme Court case of Ravin vs. State. The Ravin decision had led to the legalization of at-home use of small amounts of marijuana for several years, giving Alaska the most liberal pot laws in the nation. That ended in 1990 when Alaska voters passed an initiative to criminalize the possession of all pot. But this summer's ruling in the Noy case interpreted the Ravin decision as meaning that Alaska's constitutional right to privacy is so strong that the voters _ and the Legislature _ are restricted from just deciding that pot should be illegal in the home. "The state contends that this view of Ravin is fundamentally flawed and that Ravin did not announce a constitutional restriction on the government's lawmaking power ... we are convinced that the state's interpretation of Ravin is wrong," the state appeals court said Friday in its ruling on the Noy marijuana case. Dean Guaneli, the chief assistant attorney general, responded that the appeals court misunderstood arguments made by the state. Despite what appeared to give all indications of a negative ruling for the state, the attorney general's office issued a press release Friday classifying the decision as at least a partial victory. While the decision denied a rehearing, the release states, it did give the state permission to challenge the Ravin decision. Guaneli said the office based this interpretation of the decision on the last sentence, which reads "the state remains free in the future to challenge the continuing vitality of Ravin." William Satterberg, the Fairbanks lawyer who is opposing the attorney general in the Noy case, said the Friday appeals court ruling gave the state no power to challenge the Ravin decision that it didn't already have. But Guaneli said the state was worried that the appeals courts ruling on the Noy case was couched in terms so ironclad that the state might be unable to go back and attack the Ravin decision. The ultimate goal, Guaneli said, is for the state to be able to prove to a court that marijuana is stronger and is causing more harm in Alaska than back when the 1975 Ravin decision came out. Then the state might be able to show it has a strong enough interest in making it illegal to override the constitutional questions. Quote Link to comment Share on other sites More sharing options...
Scott_J Posted November 19, 2003 Share Posted November 19, 2003 (edited) I love Alaska! PLUS, on the first of the year I believe the right to carry takes place for all residents of Alaska as long as you are not a felon. Edited November 19, 2003 by sisu_suomi Quote Link to comment Share on other sites More sharing options...
Dave_Schuldt Posted November 19, 2003 Share Posted November 19, 2003 THIS IS REALY GREAT NEWS!!!!!!!!!!!!!! Quote Link to comment Share on other sites More sharing options...
Metalhead_Mojo Posted November 19, 2003 Share Posted November 19, 2003 but federal law still supercedes state law, so that wont be the end of it just yet Quote Link to comment Share on other sites More sharing options...
murraysovereign Posted November 19, 2003 Share Posted November 19, 2003 That's just great - now we're going to have to contend with huge volumes of Alaskan home-grown flooding the BC market, depressing prices, putting our own growers out of work. We'll have to impose some sort of countervailing duty on the stuff to try to protect our domestic producers. I see a nasty, protracted trade war looming... Quote Link to comment Share on other sites More sharing options...
Mtguide Posted November 19, 2003 Share Posted November 19, 2003 Metalhead_Mojo said: but federal law still supercedes state law, so that wont be the end of it just yet You got that right; Asscroft/Bush et al are still all freaked about medical marijuana here in Oregon,they sure as hell won't stand for folks using it for fun or contemplation,creativity,inner freedom or anything else that's real scary and dangerous like that. Sourdoughs get ready for the next pre-emptive strike on "terrorism" to take place in your own living rooms. --------------------------------------------------------- "Oh,I'm Sorry; DID I BREAK YOUR CONCENTRATION?" Quote Link to comment Share on other sites More sharing options...
Metalhead_Mojo Posted November 19, 2003 Share Posted November 19, 2003 Mtguide, i hate to be the one to break the news to you, but it was illegal long before bush or ashcroft were around. Quote Link to comment Share on other sites More sharing options...
Mtguide Posted November 19, 2003 Share Posted November 19, 2003 Not sure how you reached that conclusion by what I said in my post;I've been aware of that since about,oh,1958.Maybe my wording was confusing to you? ----------------------------------------------------- "Dave's not here,man..." Quote Link to comment Share on other sites More sharing options...
Necronomicon Posted November 19, 2003 Share Posted November 19, 2003 4 ounces for personal use???? That's it????? Quote Link to comment Share on other sites More sharing options...
Scott_J Posted November 19, 2003 Share Posted November 19, 2003 Necronomicon said: 4 ounces for personal use???? That's it????? that is 4 plants so you clone and have a set ready to go as you harvest. 4 ozs is a fair amount of herb for "personal" use unless you are turning on all your buds and buddetts. Then you will need more and that will lead you into trouble. Keep it in the letter of the law, don't sell, give away and you will be fine. Quote Link to comment Share on other sites More sharing options...
willstrickland Posted November 19, 2003 Author Share Posted November 19, 2003 Necronomicon said: 4 ounces for personal use???? That's it????? Duuuudeee, that's a QP! QP is a fat sack...keep you goin' long enough to get those next Kali Mist x Dhurban clones through their 61 day flowering period anyway... which makes a nice segue into the hermaphrodites thread because: Plants will often "reverse" sex usually becoming herms in the process. So, say you're going to move and can't keep cloning momma. No worries, just tweak the light cycle or let the latest clones get quite old before flowering (there are plenty of ways you can almost force herms to form). Then, you've got some male flowers on a female plant, let it pollenate and save the seeds...they will all be female seeds assuming you made your herms from clones. At least that's what my friend uh, Bob, told me...yeah, that's it. Quote Link to comment Share on other sites More sharing options...
scrambler Posted November 19, 2003 Share Posted November 19, 2003 Metalhead_Mojo said: but federal law still supercedes state law, so that wont be the end of it just yet Unfortunately, marijuana is a Schedule 1 Controlled Substance. "Drug scheduling is federally mandated. While states may pass their own laws regarding marijuana, ultimately federal law supercedes any state initiatives." In order for a drug to be classified as schedule I it had to have three qualities: The drug or other substance has a high potential for abuse. The drug or other substance has no currently accepted medical use in treatment in the United States. There is a lack of accepted safety for use of the drug or other substance under medical supervision. The last two items are questionable. Marijuana does have medicinal use but the complicating factor is that it causes a 'high'. Personally, I see marijuana as having medicinal value for persons who cannot afford high priced medications . The drug companies in response are developing their own version of THC that does not cause euphoria but yields medicinal benefits. I think the item following the last bullet is plain wrong. Fortunately, other government entities are seeing the issue in a rational light. Here in Washington State, the new I-75 law passed. "Seattle voted to completely deprioritize weed, making it the ABSOLUTE LOWEST priority for police officers. What it means is one can carry personal amounts and smoke in the privacy of your home without worrying about cops. they can still arrest you, but they won't... provided you aren't dealing or smoking up in a public place." This is not an issue promulgated just by the Left. Advocates from the Right have included William F. Buckley, founder and editor-in-chief of the conservative National Review. Here are three headlines concerning the legal case brought before the U.S. Supreme Court. The Supreme Court rejected an appeal that jeopardized state medical marijuana laws that allow ill patients to smoke pot if they get a doctor's recommendation. Supreme Court Lets Stand Ruling Protecting Doctors and Patients From Government Censorship . Supreme Court Declines to Hear Government Appeal in Medical Marijuana Ok, I'm starting to sound like a rabid reefer head. Quote Link to comment Share on other sites More sharing options...
scott_harpell Posted November 19, 2003 Share Posted November 19, 2003 Marijuana does have medicinal use but the complicating factor is that it causes a 'high'. so does morphine Quote Link to comment Share on other sites More sharing options...
scrambler Posted November 19, 2003 Share Posted November 19, 2003 (edited) Dude I wouldn't put those two drugs in the same sentence. Bad comparison but I see your point about medicinal use. Seems to be a lot of inconsistency in drug laws. Edited November 19, 2003 by scrambler Quote Link to comment Share on other sites More sharing options...
sk Posted November 19, 2003 Share Posted November 19, 2003 scott_harpell said: Marijuana does have medicinal use but the complicating factor is that it causes a 'high'. so does morphine moraphine also cause you to become physicaly adicted with in a very short amount of time. marry jane at worst causes an emotional dependancy ( at least that is what I was tought in health class) Quote Link to comment Share on other sites More sharing options...
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