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Alaska Governor Seeks Rollback of Pot Law
January 24, 2005

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News Summary

The Alaska Supreme Court says that state residents have a constitutional right to possess small amounts of marijuana for personal use, but Gov. Frank Murkowski is not accepting the court's ruling as the last word on the matter.

The Anchorage Daily News reported Jan. 22 that Murkowski is asking the state legislature to overrule the court decision and toughen other state laws regarding marijuana.

"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," Murkowski's proposed legislation states.

Even if the bill passes, however, it is certain to end up back in the court. The Supreme Court ruled that pot possession is covered under the privacy provisions of the state constitution.

Murkowski contends that marijuana is more potent than it used to be and that lawmakers and the courts should reconsider possession rights on those grounds. "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.

If the courts and lawmakers don't go along with Murkowski's reasoning, changing the state constitution would require a statewide vote.

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