GOVERNOR MOVES TO CHANGE POT LAW

Possession: A Bill to Outlaw Small Amounts for Personal Use Is Before the
Legislature.

JUNEAU -- Gov. Frank Murkowski on Friday asked the Legislature to overrule
a court ruling that adult Alaskans have the right to possess marijuana for
personal use in their homes.

Murkowski introduced a bill that challenges the state court's ruling and
that would significantly tighten other state marijuana laws -- making a lot
more pot crimes into felonies.

"The Legislature finds that marijuana poses a threat to the public health
that justifies prohibiting its use in this state, even by adults in
private," the bill declares.

Everyone expects the fight to go back to the courts if the Legislature
passes the bill. The ruling that made at-home pot possession of up to four
ounces legal for personal use was based on the right to privacy in the
state constitution.

The Legislature cannot change the constitution without a statewide vote.
But the governor hopes the bill and hearings over it will show the courts
that pot is a lot more powerful than it used to be and that the state has
an overriding interest in forbidding it.

William Satterberg, the Fairbanks lawyer who argued the case that toppled
the state prohibition on at-home pot, said he doesn't think the courts will
backtrack.

"Unconstitutional still remains unconstitutional no matter what the
Legislature thinks," Satterberg said.

The Alaska Supreme Court in September let stand a lower court ruling last
year that adult Alaskans have the right to possess up to four ounces of
marijuana in their homes for personal use. The lower court based its
opinion on a 1975 decision, known as Ravin v. State, which declared the
strong right to privacy from government interference that is guaranteed
under the Alaska Constitution outweighed any social harm that might be
caused by the small at-home use of marijuana by adults.

Ravin remained the law in Alaska until 1990, when voters passed an
initiative outlawing all amounts of marijuana. But last year's court ruling
said a constitutionally protected right -- in this case at-home pot --
cannot be taken away by an initiative.

Murkowski argues that marijuana is a lot stronger and more harmful nowadays
than in 1975 when the courts said the right to privacy outweighed the
social harm. The governor said the bill he introduced Friday will help the
state make it clear to the courts that this is the case.

"The bill would provide a forum for the Legislature to hear expert
testimony on the effects of marijuana and to make findings that the courts
can rely on," the governor said in a letter to lawmakers.

Rep. Norm Rokeberg, R-Anchorage and a member of the House leadership, said
the court overruled the will of the Legislature and Alaska voters when it
declared some at-home use of marijuana to be legal. He said he expects the
Legislature will be interested in taking a good look at Murkowski's bill.

The bill would also make possession of more than four ounces of pot a
felony. The felony cutoff under current law is a pound. The bill would also
make it a felony to give or sell any marijuana to anyone under the age of 21.

The Alaska public defender's agency said it would need another $160,000 a
year in state funds to meet its increased workload under the bill.

"We handle 500 misdemeanor drug cases, primarily involving marijuana," the
agency said in a written statement. "At least half of these would become
felonies. Felonies take more work than misdemeanors."