MARIJUANA INITIATIVE HEATS UP ELECTIONS

Mat-Su -- Next week at the polls, voters could make Alaska the first
state in the country to completely decriminalize marijuana, setting a
precedent for other states and emboldening prohibition opponents nationwide.

Passage of Ballot Measure 2 -- the third ballot initiative since 1998
to deal with the decriminalization of marijuana -- would remove all
civil and criminal penalties under state law for Alaskans over age 21
who possess, use, sell or give away marijuana. The initiative would
also enable state lawmakers to tax and regulate the plant as they do
with alcohol and tobacco.

Not surprisingly, Ballot Measure 2 has been awash in controversy since
it hit the ballot.

On Monday, Anchorage Superior Court Judge Mark Rindner ruled that Lt.
Gov. Loren Leman violated his obligation to conduct state elections
impartially when his office drafted the statement of opposition for
Ballot Measure 2 and had a doctor sign it before it was included in
the official state election pamphlet.

Although Rindner concluded there is no way to fix the problem without
causing confusion at the polls and violating laws against campaigning
at polling places, he did issue a declaratory judgment stating Leman
crossed the line of impartiality when he allowed his chief of staff to
write the opposition statement to a ballot initiative.

Sponsors and opponents of ballot measures are allowed to submit
statements for or against ballot initiatives. The statements are
included in the state's official election pamphlet, which is prepared
by the lieutenant governor's office and mailed out to some 300,000
Alaskans every election year.

This year, when no statement in opposition to Ballot Measure 2 was
submitted, Leman's chief of staff, Annette Kreitzer, drafted one and
sent it to Dr. Charles Herndon, who signed the statement after making
almost no changes to it.

Last week, the Yes on 2 Committee, a group sponsoring Ballot Measure
2, filed suit against Leman for interfering in the election process
and violating his role as an impartial manager of state elections.

Yes on 2 sought a declaratory judgment that Leman's actions were
improper and unconstitutional and a mandatory injunction that signs be
posted at polling places informing voters that no statement of
opposition was submitted for Ballot Measure 2.

Although no law specifically prohibits the lieutenant governor from
writing election pamphlet statements, Rindner stated in his ruling
that Leman had violated a portion of Alaska Statute 15.10.105, which
says, "it is essential that the non partisan nature, integrity,
credibility and impartiality of state elections be
maintained."

Tim Hinterberger, associate professor for the University of Alaska's
biomedical program and a sponsor of Ballot Measure 2, said he and his
colleagues at Yes on 2 are pleased with the ruling.

"It confirms what we've been saying all along, that the lieutenant
governor was playing politics with this ballot measure," Hinterberger
said. "That's not the way he should be running his office. He's heard
it from us, now he's heard it from the judge, and hopefully he'll hear
it from the people."

In a statement released Monday, Leman said he is satisfied Rindner's
ruling confirmed that no laws were broken as a result of his office's
actions. Leman also defended Kreitzer's reputation and character,
although Kreitzer was never attacked or mentioned in the lawsuit or
press releases from the Yes on 2 Committee.

Outside the courtroom, groups on both sides of Ballot Measure 2 are
stepping up efforts to sway Alaskan voters as Nov. 2 draws near.

Last week, Alaskans Against the Legalization of Marijuana and Hemp
released the results of a poll that found 59 percent of registered
voters oppose the initiative, while 35 percent support it and 6
percent are undecided.

But Yes on 2's recent poll found that only 50 percent opposed the
ballot measure, more than 41 percent favored it and 7.5 percent were
undecided.

Hinterberger said polling data about Ballot Measure 2 can be
misleading because many supporters of the initiative are young people
who are less likely to be represented in polls because they live
transitionally, use cell phones or have no phone at all.

Another group, Alaskans for Rights and Revenues, last week released
the results of a study that found marijuana prohibition costs the
state more than $28 million a year. The study, by Boreal Economic
Analysis & Research in Fairbanks, also estimated the state could
generate $10 million-$12 million annually in tax revenues if marijuana
were taxed similarly to the way alcohol and tobacco are.

Hinterberger said the lost revenue from taxes, as well as the costs
associated with prohibition, are burdens Alaskans can do without.

"We're throwing away $28 million every year arresting people who make
a legitimate, adult choice to use marijuana," Hinterberger said of the
study.

"We're subsidizing crime by forcing marijuana onto the black market."