Cannabis Study House - NORML Weekly News in Audio 2006.6.8

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Weekly News in Audio

June 8, 2006

ACLU Files Lawsuit Challenging Alaska Recrim Law

South Dakota Voters To Decide Medical Cannabis Issue This Fall

NORML New Jersey Files Suit Over State's Dormant Medical Pot Law

Juneau, AK:
ACLU Files Lawsuit Challenging Alaska Recrim Law

The Alaska branch of the American Civil Liberties Union (ACLU) filed suit this week in Superior Court to block the enforcement of a new state law criminalizing the possession of small amounts of cannabis in the privacy of one's home. The law, signed by the Governor last week, redefines marijuana possession of up to four ounces as a misdemeanor punishable by up to a year in jail. Possession of greater quantities is now a felony.

The ACLU suit charges that the new law is unconstitutional because it violates the privacy clause of the Alaska constitution, which provides that "the right of the people to privacy is recognized and shall not be infringed." In a 1975 Alaska state Supreme Court ruling (Ravin v State), justices' determined that this provision encompassed the personal possession and ingestion of cannabis in the home.

Later court decisions defined the personal possession of cannabis as an amount up to four ounces.

The Alaska Supreme Court recently affirmed the Ravin decision in 2004.

"By imposing criminal liability for the use or possession of even small amounts of marijuana in the home, the marijuana prohibition statutes violate ... Alaskans' fundamental right to privacy," the ACLU suit contends. The suit seeks an immediate court order blocking enforcement of the law and an eventual ruling striking down the legislation as unconstitutional.

Pierre, SD:
South Dakota Voters To Decide Medical Cannabis Issue This Fall

South Dakota election officials have confirmed that a statewide initiative that seeks to exempt authorized medicinal cannabis patients from state criminal penalties will appear on the November 2006 ballot.

Initiated Measure 4, sponsored by South Dakotans for Safe Access, would allow state-qualified patients to possess up to six plants and/or one ounce of cannabis for medical purposes. Qualified patients must possess a physician's recommendation to use cannabis and must register with the state Department of Health. Non-registered patients, or those who possess greater quantities of cannabis than allowed under state law, would have the option of raising an 'affirmative defense' of medical necessity at trial.

Eleven states - Alaska, California, Colorado, Hawaii, Maine, Montana, Nevada, Oregon, Rhode Island, Vermont, and Washington have enacted similar laws. Eight of these did so by voter initiative.

A 2002 Lucas Organization poll of state voters found that that 64 percent of South Dakotans support allowing patients to use cannabis medicinally when recommended by their physician.

Trenton, NJ:
NORML New Jersey Files Suit Over State's Dormant Medical Pot Law

NORML New Jersey filed suit in Superior Court this week against the state Department of Health for failing to act on a 1981 state law that sought to make cannabis medically available to qualified patients. The dormant law, entitled the "Controlled Dangerous Substances Therapeutic Research Act," requires the New Jersey health department to appoint a review board to qualify patients in therapeutic research programs. No review board has ever been appointed.

"The CDSTRA is New Jersey's only recourse for those seriously ill New Jersey citizens who seek to legally alleviate their symptoms through inclusion in federally monitored marijuana studies," the mandamus suit states. "Without a ... review board to qualify New Jersey patients, ... New Jersey patients ... cannot gain legal access to medicinal marijuana in New Jersey, in clear contradiction to the policy stated in the CDSTRA."

The civil action was filed one day prior to Thursday's hearings before the New Jersey Senate Health and Human Services Committee regarding Senate Bill 88: "the New Jersey Compassionate Use Medical Marijuana Act." Among those scheduled to testify in favor of the measure are talk show host Montel Williams, who uses cannabis to treat Multiple Sclerosis, and NORML Advisory Board member John P. Morgan, co-author of the book "Marijuana Myths, Marijuana Facts". NORML Senior Policy Analyst Paul Armentano submitted written testimony to the Committee.

If passed, Senate Bill 88 would protect qualified patients who use cannabis medicinally from arrest, prosecution, property forfeiture, and other state criminal penalties.

Various polls have reported that over 80 percent of New Jersey voters' support the proposed measure.

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