Newsgroups: alt.drugs,talk,politics.drugs From: [j s c s p] at [acad3.alaska.edu] (Chris Star Parker) Subject: Re: JUNEAU EMPIRE [The Voice of Alaska's Capital City] Date: Mon, 29 Nov 1993 08:40:00 GMT Juneau Empire, Wednesday November 17, 1993 Judge rejects anti-marijuana vote The Associated Press ANCHORAGE - A state judge in Ketchican has rejected results of an 1990 initiave that declated marijuana illegal in Alaska. Superior Court Judge Michael Thompson said voters lack authority to alter the state constitution by adding a new law. Thompson ruled late last month in favor of a Klawock logger accused of cocaine and marijuana possession after a search of his home. An attorney following the case said the ruling may have little effect outside the First Judicial District, which includes Juneau, unless it is upheld by a higher court. A lawyer for defendant Patrick McNeil challenged the arrest claiming privacy protections in the state constitution and citing the Alaska Supreme Court's unanimous decision in 1975 in the Ravin case. The courts said adults have a right to privacy under the state constitution that outweighs the state's interest in banning marijuana through intrusive police searches. The decision cleared the way for a state law that permitted adults to possess up to 4 ounces of marijuana in the home for personal use. [and up to .25 oz could be legally carried on person, but only legally used in privacy of yer docile, if I remember correctly -jscsp] But after the 1990 measure, which passed 54 percent to 46 percent, a new law took effect. In March 1991, possession of small amounts of pot became a misdemeanor punishable by 90 days in jail and a $1,000 fine. Thompson, however, rejected the results of the 1990 vote. "In other words, the voters cannot change the constitution simply by carrying a polls on a given day," the judge said. Don Clocksin, a director of the Alaska Civil Liberties Union, praised Thompson's ruling, calling it "pretty incredible." "The majority does not have the right to deprive individuals of their civil liberties," Clocksin said. Advocates who favored making possession illegal said the ruling was a step backward. Attorney General Charlie Cole said Tuesday the Department of Law planned to review the decision to determine if an appeal was warranted. Cole, who said he had not seen the opinion, said he was not sure how it could affect law enforcement. Clocksin said judges in other districts may give the ruling serious consideration but are not bound by it unless it is affirmed by a higher court, such as the state Court of Appeals. Thompson's summary said the case began when a Klawock police officer looked through a glass door at McNeil's home, saw what he believed to be marijuana and obtained a search warrant. A search disclosed marijuana totalling less than one one-hundredth of an ounce. James Wendt, McNeil's lawyer, said cocaine "residue in a vial" was also found.