Cannabis In Alaska
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Cannabis in Alaska is legal for recreational use since 2015. It was first legalized by the court ruling ''
Ravin v. State ''Ravin v. State'', 537 P.2d 494 (Ak. 1975), was a unanimous decision by the Alaska Supreme Court. Decided on May 27, 1975, the Court held that the Constitution of Alaska, Alaska Constitution's right to privacy protects an adult's ability to use a ...
'' in 1975, but later recriminalized by Measure 2 in 1990. Ballot measures in 2000 and 2004 attempted (but failed) to legalize recreational use, until finally Measure 2 in 2014 passed with 53.2% of the vote.
Medical use Medicine is the science and practice of caring for a patient, managing the diagnosis, prognosis, prevention, treatment, palliation of their injury or disease, and promoting their health. Medicine encompasses a variety of health care practice ...
was legalized by way of Measure 8 in 1998.


History


Decriminalization (1975)

On May 16, 1975, Alaska became the second state in the U.S. to decriminalize cannabis. The law imposed a $100 fine () for persons possessing cannabis, and became law without the governor's signature. It passed just a week before the Ravin ruling.


''Ravin v. State'' (1975)

''
Ravin v. State ''Ravin v. State'', 537 P.2d 494 (Ak. 1975), was a unanimous decision by the Alaska Supreme Court. Decided on May 27, 1975, the Court held that the Constitution of Alaska, Alaska Constitution's right to privacy protects an adult's ability to use a ...
'' was a 1975 decision by the Alaska Supreme Court that held the
Alaska Constitution The Constitution of the State of Alaska was ratified on April 4, 1956 and took effect with Alaska's admission to the United States as a U.S. state on January 3, 1959. History and background The statehood movement In the 1940s, the movement for ...
's right to privacy protects an adult's ability to use and possess a small amount of marijuana in the home for personal use. The Alaska Supreme Court thereby became the firstand onlyU.S. state or federal court to announce a constitutional right to privacy that protects some level of marijuana use and possession.


Decriminalization (1982)

In 1982, following the Ravin decision, the state legislature decriminalized possession of up to of cannabis in the home, or outside the home.


Recriminalization (1990)

In 1990, Measure 2 to recriminalize cannabis passed with 54.3% of the vote. The measure imposed a penalty of up to 90 days in jail and a fine of up to $1000 for simple possession.


Medical legalization (1998)

In 1998, Measure 8 to legalize the medical use of cannabis passed with 58.7% of the vote. The measure allowed patients with a doctor's recommendation to possess up to of cannabis or grow six plants.


Failed recreational legalization (2000)

In 2000, Measure 5 to legalize the recreational use of cannabis failed with 40.9% of the vote.


Recriminalization struck down (2003)

''
Noy v. State ''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 ...
'' is a case decided by the
Alaska Court of Appeals The Alaska Court of Appeals is an intermediate court of appeals for criminal cases in the State of Alaska's judicial department ( Alaska Court System), created in 1980 by the Alaska Legislature as an additional appellate court to lessen the burden ...
in 2003. David S. Noy was convicted of possessing less than of marijuana by a jury. However, in 1975, the Alaska Supreme Court had ruled in ''
Ravin v. State ''Ravin v. State'', 537 P.2d 494 (Ak. 1975), was a unanimous decision by the Alaska Supreme Court. Decided on May 27, 1975, the Court held that the Constitution of Alaska, Alaska Constitution's right to privacy protects an adult's ability to use a ...
'' that possessing less than of marijuana in one's home is protected by the
Alaska Constitution The Constitution of the State of Alaska was ratified on April 4, 1956 and took effect with Alaska's admission to the United States as a U.S. state on January 3, 1959. History and background The statehood movement In the 1940s, the movement for ...
's privacy clause. The amount possessed being over four ounces was highly in question on appeal. Thus, the Court of Appeals overturned Noy's conviction and struck down the part of the law that criminalized possession of less than four ounces of marijuana.


Failed recreational legalization (2004)

In 2004, Measure 2 to legalize the recreational use of cannabis failed with 44.3% of the vote.


Recriminalization (2006)

The state legislature passed a new law making possession of under a misdemeanor punishable by up to 90 days in jail. Possession of was made a misdemeanor punishable by up to a year in jail. Possession of over was made a felony. The measure was pushed by Governor
Frank Murkowski Frank Hughes Murkowski (born March 28, 1933) is an American politician and a member of the Republican Party. He was a United States Senator from Alaska from 1981 until 2002 and the eighth governor of Alaska from 2002 until 2006. In his 2006 re ...
.


Recreational legalization (2014)

In 2014, Measure 2 to legalize the recreational use of cannabis passed with 53.2% of the vote. The measure allows adults 21 and over to possess up to of cannabis and cultivate six plants, effective February 24, 2015. It also allows the sale of cannabis at state-licensed dispensaries, the first of which opened on October 29, 2016. The passage of Measure 2 made Alaska the third state to legalize the recreational use and sale of marijuana, preceded by Colorado and Washington in 2012.


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 are taxed at $15/oz. The state reported fiscal year 2017 marijuana tax revenue of $1,745,767 (cultivators only - not retail). In December 2016 and January 2017, widespread supply shortages were reported, causing many cannabis shops to temporarily cease operations until inventory was restored. In January 2017, 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. In 2020, the cannabis industry was hit by a decline in tourist traffic. Tourists make up nearly 20% of the state's wholesale cannabis market during the summer months, according to an interview with Brandon Emmett, chief operating officer of Alaska-based cannabis brand Good Titrations. He also added that it was not disastrous for the owners of the cannabis business, but they felt it.


References


Bibliography

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External links


Timeline: Notable moments in 40 years of Alaska's history with marijuana
{{Cannabis in the United States
Alaska Alaska ( ; russian: Аляска, Alyaska; ale, Alax̂sxax̂; ; ems, Alas'kaaq; Yup'ik: ''Alaskaq''; tli, Anáaski) is a state located in the Western United States on the northwest extremity of North America. A semi-exclave of the U.S., ...