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motaman
old hand

Registered: 12/18/02
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Judge rules against Alaska marijuana law
#5845978 - 07/11/06 07:15 AM (17 years, 6 months ago) |
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http://www.ktva.com/alaska/ci_4034359
Article Last Updated: 7/10/2006 06:52 PM Judge rules against Alaska marijuana law Associated Press KTVA Police won't be able to charge Alaskans under a new law for possessing less than 1 ounce of marijuana in their homes.
Superior Court Judge Patricia Collins today (Monday) struck down part of the new law criminalizing possession of small amounts of marijuana. Collins says the law conflicts with past constitutional decisions made by the Alaska Supreme Court.
The state Department of Law was expected to file an appeal with the high court. Collins says a lower court can't reverse the Supreme Court's 1975, decision in which the court ruled the right to privacy in one's home included the possession of small amounts of marijuana for personal use.
Collins granted a summary judgment to the American Civil Liberties Union of Alaska, which sued the state when the law took effect in June.
The new law makes possession of 4 ounces or more a felony. Possession of 1 to 4 ounces is a misdemeanor punishable by up to a year in jail. The part the court ruled against would have made possessing less than 1 ounce a misdemeanor punishable by up to 90 days in jail.
-------------------- http://heffter.org
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Seuss
Error: divide byzero


Registered: 04/27/01
Posts: 23,480
Loc: Caribbean
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Re: Judge rules against Alaska marijuana law [Re: motaman]
#5846017 - 07/11/06 07:43 AM (17 years, 6 months ago) |
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> in which the court ruled the right to privacy in one's home included the possession of small amounts of marijuana for personal use
Sorry, I don't get it. Why does the amount of something change my right to privacy in my own home? I have a right to privacy if it is only 1.0 ounces, but no right to privacy if it is 1.1 ounces? Doesn't make sense to me.
-------------------- Just another spore in the wind.
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kora
RAWR!
Registered: 06/29/06
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Re: Judge rules against Alaska marijuana law [Re: Seuss]
#5846367 - 07/11/06 10:31 AM (17 years, 6 months ago) |
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they dont want people to deal it
-------------------- Drugs may lead to nowhere, but atleast it's the scenic route. *Got left over HBWR Seeds? PM Me!*
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CoolMojo
Imagination iswhat you make ofit

Registered: 10/26/01
Posts: 334
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Re: Judge rules against Alaska marijuana law [Re: kora]
#5846525 - 07/11/06 11:19 AM (17 years, 6 months ago) |
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So....if nobody can deal it.....growing is legal?!? lol
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DNKYD
Turtle!

Registered: 09/23/04
Posts: 12,326
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Re: Judge rules against Alaska marijuana law [Re: CoolMojo]
#5846604 - 07/11/06 11:45 AM (17 years, 6 months ago) |
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Growing and dealing is still illegal. Strange, isn't it? Possession of 1 ounce is legal in your home, but where are you supposed to get the ounce from? Our politicians and lawmakers have their heads so far up their asses that when you look at them it seems as if their heads are on perfectly normal. But alas, do not be fooled by their trickery!
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CptnGarden
fuck this site
Registered: 05/13/04
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Re: Judge rules against Alaska marijuana law [Re: DNKYD]
#5846736 - 07/11/06 12:21 PM (17 years, 6 months ago) |
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^ thats doesnt make any sense, maybe your the one with your head up your ass ^_^
they legalize use so users dont fill up our prisons, so they can go straight to the source, the dealers and growers. Now its way more risky for dealers, and I bet half of them stopped.
I dont agree with making marijuana illegal, but this is at least one step in a better direction. So stop bitchin, k? At least you know if your bitch ass is in alaska in your own home you aint gonna get shit for smokin' blunts.
Didn't the law just go from 3 ounces to none? And now they want it back to an ounce? They really hoppin' around.
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Microcosmatrix
Spiral staircasetechnician


Registered: 10/20/05
Posts: 11,293
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Re: Judge rules against Alaska marijuana law [Re: CptnGarden]
#5846921 - 07/11/06 01:07 PM (17 years, 6 months ago) |
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Yeah we're going one step forward, two steps back in Alaska it seems.
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shymanta
Mad Scientist


Registered: 01/27/05
Posts: 907
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Re: Judge rules against Alaska marijuana law [Re: Microcosmatrix]
#5848953 - 07/11/06 10:11 PM (17 years, 6 months ago) |
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"possession of small amounts of marijuana for personal use." 
(moves to Alaska)
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Microcosmatrix
Spiral staircasetechnician


Registered: 10/20/05
Posts: 11,293
Loc: Ythan's house
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Re: Judge rules against Alaska marijuana law [Re: shymanta]
#5848978 - 07/11/06 10:15 PM (17 years, 6 months ago) |
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Meh, just go anywhere where possession is only a fine and it will be just about the same situation as in Alaska as far as weed in your house goes.
Meaning they probably aren't ever gonna get a warrant to come kick your door in just to write you a ticket anyway, so it's all good at home.

(The only exception I can think of is that if they're at the door and smell weed, they can usually come marching right in, and they probably can't anymore just for smelling it in Alaska.) I would like to hear from someone from Alaska though, they're the the only ones who really can say for sure how it is up there... 
I wonder if this Alaska freedom includes your yard??? Anyone know?
Edited by Microcosmatrix (07/11/06 10:47 PM)
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shymanta
Mad Scientist


Registered: 01/27/05
Posts: 907
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Re: Judge rules against Alaska marijuana law [Re: shymanta]
#5848995 - 07/11/06 10:18 PM (17 years, 6 months ago) |
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Oh,  (moves back home)
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Microcosmatrix
Spiral staircasetechnician


Registered: 10/20/05
Posts: 11,293
Loc: Ythan's house
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Re: Judge rules against Alaska marijuana law [Re: shymanta]
#5849049 - 07/11/06 10:29 PM (17 years, 6 months ago) |
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Hey, I'm not knocking it though...
As far as I know Alaska's home use privacy exemption is the only law anywhere in the U.S. that actually resembles full legalization of a type of personal/recreational use of MJ (home use), and I certainly applaud it!!

I'm just saying I wouldn't move there just for that, since a state with just a fine does much the same to protect the home smoker from actually getting caught.
The only difference is in Alaska you need not worry about them smelling it at your door and invading your home as far as I know, so here in a state where it's definately still probable cause to search we smoke away from the front door in a bedroom away far away from it as a general rule.
Edited by Microcosmatrix (07/11/06 10:55 PM)
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shymanta
Mad Scientist


Registered: 01/27/05
Posts: 907
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Re: Judge rules against Alaska marijuana law [Re: shymanta]
#5849255 - 07/11/06 11:18 PM (17 years, 6 months ago) |
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"the only law anywhere in the U.S. that actually resembles full legalization of personal use of MJ."
Damn! (moves back to Alaska)
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qwertymkonji
on a stick


Registered: 06/26/06
Posts: 152
Loc: Universe
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Re: Judge rules against Alaska marijuana law [Re: shymanta]
#5849277 - 07/11/06 11:24 PM (17 years, 6 months ago) |
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Maybe it has to do with drug testing in the workplace, to some extent, in alaska?
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Microcosmatrix
Spiral staircasetechnician


Registered: 10/20/05
Posts: 11,293
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Re: Judge rules against Alaska marijuana law [Re: qwertymkonji]
#5849335 - 07/11/06 11:38 PM (17 years, 6 months ago) |
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Quote:
qwertymkonji said: Maybe it has to do with drug testing in the workplace, to some extent, in alaska?
What do you mean? Explain that thought plz.
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coda
Banjo Goiter


Registered: 03/20/01
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Re: Judge rules against Alaska marijuana law [Re: DNKYD]
#5851400 - 07/12/06 04:46 PM (17 years, 6 months ago) |
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Quote:
DNKYD said: Growing and dealing is still illegal. Strange, isn't it? Possession of 1 ounce is legal in your home, but where are you supposed to get the ounce from? Our politicians and lawmakers have their heads so far up their asses that when you look at them it seems as if their heads are on perfectly normal. But alas, do not be fooled by their trickery!
actually i believe there's a subsection in the law that allows for a certain amount of mature and immature plants. The amount is small but you are allowed to grow your own for personal use.
-------------------- To get really high is to forget yourself. And to forget yourself is to see everything else. And to see everything else is to become an understanding molecule in evolution, a conscious tool of the universe. And I think every human being should be a conscious tool of the universe. . . . -JG i really am glad you came back to us instead of taking the other path. *hug* -A_S (RIP your final words to me will never be forgotten)
 Don't fuck with the laughing jesus.
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