Marianne
New Member
A judge is asking the state of Alaska for its evidence that marijuana has become so dangerously potent in the last three decades that it warranted tightening one of the nation's most liberal possession laws.
Judge Patricia Collins requested the documentation Thursday, three days after the American Civil Liberties Union of Alaska asked the court to block a new state law recriminalizing marijuana.
The civil liberties group alleges the new law is an unconstitutional invasion of privacy.
Gov. Frank Murkowski pushed the law through the Legislature and signed it June 2. But in preparation for the expected court fight, Murkowski and the Legislature included in the bill a set of findings meant to prove that marijuana has increased in potency since the original Supreme Court decision
The court's original ruling in 1975 favored privacy rights over criminal penalties for pot possession. Later court decisions set a legal limit of 4 ounces that an individual can keep in the home.
In an initial hearing Thursday, Collins asked the state to submit a brief that contains the complete legislative record on the new law.
Dean Guaneli, the state's chief assistant attorney general, said he planned to assemble on Friday the documents the state submitted to the Legislature and a transcript of the legislative hearings on the bill.
ACLU attorneys will respond with their own documentation that counters Murkowski's claims, said ACLU of Alaska Executive Director Michael Macleod-Ball.
Collins has set the next hearing for July 5. Sometime after, she is expected to issue a final order on whether to grant a permanent injunction blocking the law.
Whatever her decision, the case is expected to be appealed and ultimately decided by the Alaska Supreme Court.
Under the new law, marijuana possession of 4 ounces or more is a felony. Possession of 1 to 4 ounces is a misdemeanor punishable by up to a year in jail; less than 1 ounce is a misdemeanor punishable by up to 90 days in jail.
Newskhawk: Happykid - 420Times.com
Source: Juneau Empire (AK)
Author: Matt Volz, The Associated Press
Copyright: 2006 Southeastern Newspaper Corp
Contact: letterstotheeditor@juneauempire.com
Website: JuneauEmpire.com: The Online Voice of Alaska's Capital City
Judge Patricia Collins requested the documentation Thursday, three days after the American Civil Liberties Union of Alaska asked the court to block a new state law recriminalizing marijuana.
The civil liberties group alleges the new law is an unconstitutional invasion of privacy.
Gov. Frank Murkowski pushed the law through the Legislature and signed it June 2. But in preparation for the expected court fight, Murkowski and the Legislature included in the bill a set of findings meant to prove that marijuana has increased in potency since the original Supreme Court decision
The court's original ruling in 1975 favored privacy rights over criminal penalties for pot possession. Later court decisions set a legal limit of 4 ounces that an individual can keep in the home.
In an initial hearing Thursday, Collins asked the state to submit a brief that contains the complete legislative record on the new law.
Dean Guaneli, the state's chief assistant attorney general, said he planned to assemble on Friday the documents the state submitted to the Legislature and a transcript of the legislative hearings on the bill.
ACLU attorneys will respond with their own documentation that counters Murkowski's claims, said ACLU of Alaska Executive Director Michael Macleod-Ball.
Collins has set the next hearing for July 5. Sometime after, she is expected to issue a final order on whether to grant a permanent injunction blocking the law.
Whatever her decision, the case is expected to be appealed and ultimately decided by the Alaska Supreme Court.
Under the new law, marijuana possession of 4 ounces or more is a felony. Possession of 1 to 4 ounces is a misdemeanor punishable by up to a year in jail; less than 1 ounce is a misdemeanor punishable by up to 90 days in jail.
Newskhawk: Happykid - 420Times.com
Source: Juneau Empire (AK)
Author: Matt Volz, The Associated Press
Copyright: 2006 Southeastern Newspaper Corp
Contact: letterstotheeditor@juneauempire.com
Website: JuneauEmpire.com: The Online Voice of Alaska's Capital City
