Is that your final answer? Alaska’s long, strange, trip with pot laws 1972—In August, Alaska voters amend state constitution by adding privacy clause: “The right of the people to privacy is recognized and shall not be infringed. The legislature shall implement this section.” That December, Irwin Ravin is arrested and charged for having two joints in his pocket. Ravin was a lawyer and informed police he was holding weed with the intention of testing the state’s marijuana prohibition against the constitution. 1975—Alaska Legislature votes to decriminalize marijuana. The new law limited penalties to “a civil fine of not more than $100” for possession of one ounce or less in public or for any amount in the privacy of a home, provided the marijuana was intended for personal use. The lawmakers voted in May, just 11 days before the Alaska Supreme Court issued a ruling in Ravin v. State.
than Hickel.” 1991—A group called Alaskans for Hemp Awareness toke up in an Anchorage motel and alert police by dialing 911. Anchorage Police refuse to respond. A report in the Anchorage Daily News notes the group planned a privacy defense if anyone was charged and there were about a dozen joints and a baggie with about two ounces of weed in the motel room. The reporter also noted the group listened to Pink Floyd song “Breathe” from the album Dark Side of the Moon.
1991—Two lawsuits are filed to prove the new misdemeanor is unconstitutional. Both lawsuits fizzle out. Courts agree with the state that lawsuits without a criminal defendant cannot compel the courts to revisit a criminal code. Alaskans debate whether a law passed by voters can overturn Ravin. The answer seems 1975—Alaska Supreme Court rules in Ravin v. State that “pos- to be an obvious “no,” because voters passed a law so similar to session of marijuana by adults at home for personal use is con- the one overturned in 1975. Still, the question would remain and stitutionally protected.” The court studied evidence about the get no formal answer for a dozen years. Alaska apparently has a health effects of marijuana and found the state failed to prove “dead letter law” when it comes to pot in the privacy of a person’s marijuana use in the home was a danger to the user or to anyone home. else. The decision did not extend the right to privacy into any public place and was the first time the court attempted to define 1998—A medical marijuana law is put on the ballot by citizen the boundaries of the privacy clause. The court acknowledged initiative. About 69 percent of voters say yes and the law passes. the state could prohibit the sale of marijuana. The state can also The state provides a registry for people with a doctor’s prescripprohibit driving while stoned and any marijuana activity involv- tion for marijuana. The law limits possession to one ounce or less ing minors. The ruling left Alaskans wondering how small their and six live plants, only three of which can be flowering. The law stash must be to qualify as “personal use” in their home. allows for a designated caregiver to grow marijuana on behalf of the patient. Caregivers and patients are prohibited from selling 1982—Alaska Legislature responds to the Ravin decision by the drug. Alaska is one of the first states to pass a medical maridumping the $100 civil fine (which was unconstitutional) and juana law, but patients have few legal avenues to obtain the drug. legalizing possession of up to four ounces in a private place. Alaska becomes the most permissive state in the union when it 1999—Alaska Public Offices Commission fines Christian Cocomes to pot smoking. alition $1,850 for campaigning against medical marijuana initiative without complying with campaign disclosure laws. The 1987—Alaska Legislature considers criminalizing marijuana. Coalition admits a mistake was made. The Department of Law estimates it would cost an extra $1.06 million to prosecute offenders over the first five years of the new 2000—An initiative to legalize pot makes the ballot. It law, according to an account in the Anchorage Daily News. The would’ve allowed anyone over 18 to grow and possess pot. It lawmakers stop short of passing the law under criticism it would also would’ve granted amnesty to marijuana convicts, destroyed be unconstitutional. criminal records for marijuana convictions and established a panel to explore compensation for anyone ever jailed on mari1989—Prohibitionists begin circulating a petition to re-crim- juana charges. It would’ve prevented police agencies from using inalize pot by a statewide vote. The Anchorage Assembly con- a urine test to establish if someone had used marijuana. It fails siders a local ordinance criminalizing pot. Both strategies are by 165,315 votes to 114,321. criticized as attempts to pass unconstitutional laws. The Assembly debates the ordinance over several months but postpones it 2001—Alaska Department of Law denies ballot access to a indefinitely, in part because the initiative appears headed to the petition to legalize and tax pot. The initiative would allow local ballot. governments to tax marijuana if state lawmakers failed to implement a tax. State lawyers said the Alaska Constitution does not 1990—An initiative passes that makes it a misdemeanor to allow the state to surrender its tax powers. possess any amount of pot, even in private. The law passes by a margin of about 10 percent. The maximum penalty is 90 days 2003—Alaska Court of Appeals overturns the conviction of in jail and a fine of up to $1,000 for any amount less than eight David S. Noy of North Pole. Police had searched Noy’s home and ounces. In the same election, Walter Hickel becomes governor found about 11 ounces of harvested pot, which included buds, with about 38 percent of the votes in a three-way race. The pro- stems and leaves. Police found no packaging supplies or scales. marijuana campaign lost, but attracted about 13,000 more voters Prosecutors brought photos of the evidence to trial and a jury than Hickel. The cheeky slogan was born: “Pot got more votes found Noy guilty of only the lowest level misdemeanor for pos-
session of four ounces or less. The Court of Appeals court overturned the conviction based on the Ravin doctrine established in 1975. The court pointed out that the 1990 citizen initiative did not change the constitution of Alaska when it comes to privacy in the home. Alaska’s prohibition on private use of marijuana by adults is once again a dead letter law. 2004—An initiative to legalize is headed for the ballot. Lt. Governor Loren Leman battles with petitioners over ballot language and loses in court over editorial changes that leaned in favor of “no” votes. Reprinting ballots costs the state about $300,000. Leman also moves the question from the August primary to the November general election over objections of the petitioners. Leman directs his chief of staff to write an opinion against the pot initiative for the state voter information pamphlet. His office then recruits an Anchorage doctor who worked in drug rehabilitation, Dr. Charles Herndon, to sign the statement as if it were his own. Reformers sue and Anchorage Superior Court Judge Mark Rindner finds that Leman violated his obligation to be impartial. Judge Rindner’s ruling came in late October. The judge concluded it was too late to amend the pamphlet, and trying to correct the situation with information near the polling place would only foster confusion. 2004—Alaska’s most recent initiative for broad legalization fails, 169,608 votes to 134,353. 2006—Alaska Legislature, at the urging of Governor Frank Murkowski, passes a bill making even small amounts of marijuana illegal and enhancing penalties for marijuana convictions. Once again the criminal code is at odds with the Ravin decision. The Legislature makes findings that the drug is stronger than it was in the 1970s. Those, even after expert testimony to lawmakers, turn out to be nearly identical to findings Murkowski recommended. Murkowski says his intention was to have Ravin overturned. The Murkowski line: enforcement will wait until the courts decide. ACLU of Alaska takes the bait and sues, representing clients who could be prosecuted if the law were enforced. 2008—Alaska Supreme Court hears initial pleadings in State v. ACLU, and then surprises both sides by ruling the case is not ripe for a decision. The court wants a defendant to be prosecuted before it reconsiders the privacy rights of Alaskans when it comes to marijuana. 2013—Lt. Governor Mead Treadwell approves a new petition that would put legalization of marijuana on the ballot. Organizers, who must gather just over 30,000 signatures, are shooting for the August 20134 primary election. [Timeline sources: Alaska Division of Elections, archives of Anchorage Press, Anchorage Daily News and the Associated Press, Alaska Law Review (“The continuing vitality of Ravin V. State” by Jason Brandeis) and various court decisions listed above.]
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