ACLU SUES STATE ON MARIJUANA LAW

New Felony Status Violates Privacy Rights, Group's Lawsuit Claims

JUNEAU - The American Civil Liberties Union on Monday sued the state
of Alaska over a new law penalizing marijuana possession for personal
use in the home.

The law, signed by Gov. Frank Murkowski on Friday, is an attempt to
reverse a 30-year-old Alaska Supreme Court decision called Ravin vs.
Alaska in which the court ruled the privacy rights of Alaskans
trumped the harm the drug could cause.

Later court decisions set a legal limit of four ounces that an
individual can keep in the home.

Gov. Frank Murkowski for the past two years has been pushing through
a bill to counter that ruling, understanding that the final decision
will be left to the courts.

Under the new law, pot possession of four ounces or more is a felony.
Possession of less than four ounces but more than an ounce is a
misdemeanor, punishable by up to a year in jail. Less than one ounce
is a misdemeanor punishable by up to 90 days in jail.

"The issue of marijuana appears destined to be resolved by the
courts," said Department of Law spokesman Mark Morones. "Now that
there's some science behind it, we know a lot more about it now and
its potency now than when the Ravin decision was decided."

The intent is to curb production and distribution of marijuana in
Alaska, he said. Marijuana is dangerous whether it's in small or
large amounts, he said.

"If a substance is bad in and of itself, it's bad whether you're
using it personally or going into wholesale production," Morones said.

Gearing up for the 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,
and therefore has become more dangerous.

While the Legislature was considering the bill, opponents submitted
thousands of pages of material supporting their position to
lawmakers. But the material was never considered, nor did any of that
information end up in the findings, according to the lawsuit.

"There was all this sort of reefer madness stuff coming from the
government, saying this is crazy and we've got to restrict this,"
Macleod-Ball said. "There was misinformation and disinformation
because the state was trying to make a point that it's more dangerous."

Joining the ACLU as a plaintiff is an anonymous 54-year-old woman
referred to as Jane Doe who uses marijuana to treat pain caused by a
neurological illness called Reflex Sympathetic Dystrophy, according
to the lawsuit.

She and another plaintiff, a 42-year-old woman referred to as Jane
Roe, won't list their real names because they fear criminal
prosecution under the new law, the lawsuit says.

Jane Doe and the ACLU claim there is no exception under the new law
for medical marijuana patients.

Morones said medical marijuana users still have an affirmative
defense that was already written into state law, and the new law will
not affect them.

Macleod-Ball said the affirmative defense law does not shield medical
marijuana users from being arrested.

"If you don't have your document handy, you get charged with the
crime of possession. You're left to defend yourself," he said.

"Just the fact that somebody's ultimately successful in defending
themselves in the charge doesn't mean they're not affected by this legislation."