House OKs Drug Bill

[Urdedpal]

Five legislators changing their votes were more than enough to reverse the House's previous rejection of a bill that aims to recriminalize marijuana possession and curb purchases of ingredients used in cooking methamphetamine. On Friday evening, a bill shot down by lawmakers last month was revived on the floor and passed with a vote of 24-14.
The vote came up a day after Gov. Frank Murkowski called a news conference and put the "methijuana" bill on his must pass list for the remainder of the session, which ends Tuesday night.

A week before the news conference, the governor told reporters he woulddispatch his staff to change the minds of the few lawmakers needed to pass the bill.

House Speaker John Harris said he thinks it wasn't the governor twisting arms, but representatives cooling their ire over the Senate's move earlier this session to merge a marijuana bill with a methamphetamine bill. The marijuana portion was only heard in the House Judiciary Committee but the panel never voted on the bill.

"The Senate put two bills together, and a number of our members weren't happy with that process and now have softened their feelings a little bit," Harris said.

House Minority Leader Ethan Berkowitz, D-Anchorage, said the change of heart was less about time softening their positions and more about time being spent somewhere else.

"Maybe it was time spent in the governor's office, maybe it was time spent being persuaded with capital projects," said Berkowitz, but adding that he would not say who changed their votes to get money for their districts.

Harris said the governor may have influenced lawmakers, but he did not know for sure.

Juneau Republican Rep. Bruce Weyhrauch changed his vote after previously opposing HB 149. Others that flipped Friday night were Reps. Reggie Joule, D-Kotzebue; Pete Kott, R-Eagle River; Carl Moses, D-Unalaska.

Rep. Beth Kerttula, Juneau's Democrat in the House, voted against the bill again Friday.

Berkowitz expressed his frustration of the House bowing down to the Senate. The House is trying to write a version of a new oil tax plan with its own provisions, but some fear the Senate or the administration may bully the House into adopting their versions.

"To me this shows how distorted this process has become and why you have to get the oil tax into a special session so that legislators aren't subject to the arm twisting and the inducement and the threats that are part of a regular session," Berkowitz said.

HB 149 aims to get ingredients used in cooking methamphetamine out of the hands of home manufacturers. The bill would require pharmacies to place certain cold and allergy medicine containing pseudoephedrine, such as Sudafed, behind the counter. Customers would need to sign a log book every time they make a purchase.

The marijuana portion of the bill would change the way marijuana possession is prosecuted in Alaska.

A series of Alaska Supreme Court rulings since 1975 have upheld the decision to allow residents to possess as much as 4 ounces of marijuana in their homes, saying that Alaskans have the right to keep private the amount of marijuana they smoke.

But according to the bill, those possessing more than 4 ounces would be charged with a Class C felony, which would carry a maximum prison sentence of five years.

Those with an ounce would be charged with a Class A misdemeanor, with a possible sentence of up to a year in jail. Those possessing marijuana weighing less than an ounce would be charged with a Class B misdemeanor.

The bill also contains findings that say today's marijuana is more potent than the marijuana smoked in the 1970s, and the court should consider it a threat to society, mainly children.

"I think adults, personal private use, non-commercial growers, nobody is going to see a change in their lifestyle," said Rep. Jay Ramras, R-Fairbanks, the sponsor of the methamphetamine portion of the bill.

Ramras said the state would use the bill to concentrate on kids smoking and stopping commercial growers.

"It's already against the law for kids to consume and possess marijuana, and it's already against the law for adults to provide marijuana to kids," wrote Michael

Macleod-Ball, executive director, in a letter on Friday addressed to the attorney general.

The Alaska chapter of the American Civil Liberties Union has repeatedly vowed to challenge the bill in court after the governor signs the bill into law.

"If this bill passes in its current form, we will bring suit to protect the scope of individual privacy in Alaska, and we will succeed in doing so," the letter concluded.

Note: Five votes changed to pass methijuana bill.

Newshawk: Urdedpal -420 Magazine
Source: Juneau Empire (AK)
Author: Andrew Petty, Juneau Empire
Published: May 7, 2006
Copyright: 2006 Southeastern Newspaper Corp

 

[Pinch]

Man, I thought they'd get it through. This is good for Alaska, this is good for America. Hoo-ray!

 

[RooRman]

God I hate politics. Lets buddy up a bill for marijuana recriminaliztion with a bill to prevent the sale of ingredients for methanphetamines, so then we have no idea what we are actually voting on.

Reminds me of the Simpsons episode where paper clip the "Airline Re-routing" bill and the "Homes for Orphans" bill together and it just gets voted through.

 

[Pinch]

That's the way the Senate world goes round and has gone round since our governments were in their infancies. Sometimes it works for ya, sometimes agin.

 

[Serpico]

How the hell do you re-criminalize pot use....???

 

[jeeper]

How the hell do you re-criminalize pot use....???

That's easy man .......They just change their minds..... Who cares what we think

 

[Serpico]

i thought weed was already criminalized.....

 

[Pinch]

i thought weed was already criminalized.....

I believe they are talking about pre-legalization days when it was criminal.. fuck it, here are the laws now:

Alaska State Penalties decriminalized medical

Details About this report

Incarceration Fine Possession

Less than 4 oz in your residence or home no penalty N/A N/A

Less than 8 oz misdemeanor 90 days $1,000

8 oz to 1 lb misdemeanor 1 year 45,000

1 lb or more, or more than 25 plants felony 5 years $50,000

Any amount within 500 feet of school grounds or rec. center*felony 5 years
$50,000

* If charged with possession of marijuana in a school zone, an affirmative defense may be raised in court that the conduct took place entirely within a private residence.

Sale or Cultivation

Sale less than 1/2 ounce misdemeanor 1 year $5,000
1/2 oz to 1 oz misdemeanor 1 year $5,000
1 oz or more felony 5 years $50,000

Miscellaneous (paraphernalia, license suspensions, drug tax stamps, etc...)

Maintaining any structure or dwelling for keeping and distributing marijuana felony 5 years $50,000

Details

Possession of marijuana is a criminal offense. Possession of less than 8 ounces of marijuana is a misdemeanor, punishable by up to 90 days in jail and a fine of up to $1,000. Possession of less than one pound of marijuana is also a misdemeanor punishable by up to one year in jail and a fine of up to $5,000. Possession of one pound or more of marijuana is a felony punishable by up to five years in prison and a fine of up to $50,000.

Possession of less than 25 plants is protected under the Alaska Constitution’s right to privacy (See Ravin v. Alaska). Possession of 25 or more marijuana plants is “Misconduct involving a controlled substance in the fourth degree” and is punishable by a fine of up to $50,000 or five years in prison.

Any possession within 500 feet of school grounds or a recreation center or possession on any school bus is a felony punishable by up to five years in prison and a fine of up to $50,000.

Sale of marijuana of less than one-half ounce and sale, delivery or manufacture of an amount from one-half ounce up to one ounce is a misdemeanor and is punishable by up to one year in jail and a fine of up to $5,000. For amounts of one ounce or greater, the crime is a felony which can be punished with a sentence of up to five years in prison and a fine of up to $50,000.

It is an affirmative defense to possession, manufacture or delivery that the offender is a patient or caregiver who is registered with the state for medical use of marijuana.

Maintaining any structure or dwelling, including vehicles, to use for keeping and distributing marijuana, is a felony offense and punishable by up to five years in prison and a fine of up to $50,000.

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.

And there you go! Vape on!

 

[Pinch]

The latest:

A roundup of last-day legislation


Published: May 10, 2006
Last Modified: May 10, 2006 at 02:54 PM


• MERIT PAY FOR TEACHERS: HB 13, increasing public school funding by $131 million and creating a merit-based bonus program for teachers. Passed both houses.


• HATCHER PASS SKI RESORT: HB 500, authorizing the Matanuska-Susitna Borough to seek bond financing for a Hatcher Pass ski resort for up to $25 million. Passed both houses.

• PFD FOR OUT OF STATE RESIDENTS: HB 273, to withhold Permanent Fund dividends from Alaskans temporarily living out of state, paying them if and when they return. Bill remained in House.

• SELF-DEFENSE: SB 200, loosening the limits on when people can justifiably kill attackers. Passed both houses.

• MARIJUANA: HB 149, again making it a misdemeanor crime for adults in Alaska to possess small amounts of marijuana. Passed both houses.

 

[Serpico]

damn i didnt read the part about this being in alaska.... my bad, it all makes sense now lol

 

[hossua34]

Man, I thought they'd get it through. This is good for Alaska, this is good for America. Hoo-ray!

Huh?

 

[Pinch]

Mr Hos - I read this wrong and I apologize to all readers. Here's the real outcome and it's not pretty. Thank you for the wake-up call.

Alaska House Passes Stiffer Laws for Pot, Meth

The Associated Press

Published: 05.07.2006

JUNEAU, Alaska — The Alaska House passed legislation late Friday night that would restore criminal penalties for marijuana possession and make it tougher to buy the ingredients to manufacture methamphetamine.

The bill was approved by the Senate last month and now goes to Gov. Frank Murkowski to sign into law. Murkowski sought to change Alaska's law on marijuana possession, which is considered the most liberal in the country.

The Senate tacked on the marijuana provisions to legislation seeking to curb the manufacture of methamphetamine.

The House voted 24-14 in favor of the bill, which would make pot possession of 4 ounces or more a felony. Possession of less than 4 ounces but more than an ounce would be a misdemeanor, punishable by up to a year in jail. Less than 1 ounce would be a misdemeanor punishable by up to 90 days in jail.

Murkowski is seeking to overturn the landmark Alaska Supreme Court decision that legalized the use of small amounts of marijuana.

The court concluded in 1975 that Alaskans' constitutional right to privacy outweighed any harm that might occur from using a small amount of marijuana in the home. State legislators set that amount at 4 ounces in 1982.

The bill says marijuana is a more potent and dangerous drug than it was 30 years ago.

"Obviously we are pleased," said Kevin Jardell, the governor's legislative liaison. "The governor worked real hard on this, it's something he believes in. It's a good day for Alaska."

The American Civil Liberties Union of Alaska sent a letter to Attorney General David Marquez on Friday saying the organization would sue for injunctive relief if the bill becomes law.

"Plain and simple, you are attempting to further restrict the right to privacy enjoyed by all Alaskans by enacting the marijuana provisions of (the bill)," director Michael Macleod-Ball wrote.


My apologies.. I was wrong.. Alaska got fucked.