Cannabis in Alaska

Cannabis in Alaska is legal for recreational use, following a successful 2014 ballot initiative. Cannabis had been previously decriminalized in 1982, then re-criminalized in 1990, then decriminalized again in 2003.

History

Ravin v. State (1975)

Ravin v. State, 537 P.2d 494 (Alaska 1975), was a 1975 decision by the Alaska Supreme Court that held the Alaska Constitution's right to privacy protects an adult's ability to use and possess a small amount of marijuana in the home for personal use.^[1] The Alaska Supreme Court thereby became the first—and only—state or federal court to announce a constitutional privacy right that protects some level of marijuana use and possession.^[1]

Decriminalization (1982)

In 1982, following the Ravin decision, Alaska's legislature decriminalized possession of up to 4 ounces of cannabis in the home, or one ounce outside the home.^[2]

Recriminalization (1990)

Alaska Measure 2 (1990) or the Alaska Marijuana Criminalization Initiative was a successful 1990 ballot measure in the U.S. state of Alaska; the initiative stated that it: "would change Alaska's laws by making all such possession of marijuana criminal, with possible penalties of up to 90 days in jail and/or up to a $1000 fine."

Recriminalization struck down (2003)

Noy v. State is a case decided by the Alaska Court of Appeals in 2003. David S. Noy was convicted of possessing less than eight ounces of marijuana by a jury. However, in 1975, the Alaska Supreme Court ruled in Ravin v. State that possessing less than four ounces of marijuana in one's home is protected by the Alaska Constitution's privacy clause. The amount possessed being over four ounces was highly in question on appeal. Thus, the Alaska Court of Appeals overturned Noy's conviction and struck down the part of the law criminalizing possession of less than four ounces of marijuana.^[3]

Legalization (2014)

Alaska Measure 2 was a successful 2014 ballot measure, described as "An Act to tax and regulate the production, sale, and use of marijuana."^[4] The measure went into effect on 24 February 2015, allowing Alaskans age 21 and older to possess up to an ounce of cannabis and six plants, making Alaska the third state to legalize recreational marijuana, following Colorado and Washington.^[5] Oregon and Alaska both voted in legalization on Election Day 2014, but Alaska preceded Oregon in enacting their legislation.

Business

The state of Alaska collected its first full month of cannabis tax proceeds in November, 2016, raising $80,000 for the state; cannabis buds are taxed at $50/oz and stems and leaves at $15/oz.^[6] In December 2016 and January 2017, widespread supply shortages were reported, causing many cannabis shops to temporarily cease operations until inventory was restored.^[7] In January 2016, Anchorage Assemblyman Forrest Dunbar proposed legislation banning cannabis stores from advertising discounts to active-duty military, who are prohibited by federal policy from consuming cannabis.^[8]

References

• Brandeis, Jason (2012). "The Continuing Vitality of Ravin v. State: Alaskans Still Have a Constitutional Right to Possess Marijuana in the Privacy of Their Homes". Alaska Law Review. 29 (2): 175–236.