1990 Alaska Measure 2

Last updated

Alaska Measure 2 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."

Contents

The legal status of cannabis in Alaska has varied greatly since the passage in 1972 of a constitutional amendment affirming an individual's right to privacy. Alaska had previously recognized that right to privacy with respect to possession and use of cannabis with the 1975 Ravin v. State case in the Alaska Supreme Court. The state legislature then decriminalized marijuana in 1982. The measure's passage in 1990 met with a variety of court challenges over the years before being struck down in 2003 by the Alaska Court of Appeals in Noy v. State . Reversing the decision of this measure, Alaska voters ultimately legalized marijuana with a different Measure 2 in 2014. [1]

Results

Measure 2
ChoiceVotes %
Check-71-128-204-brightblue.svg Yes105,26354.29
No88,64445.71
Total votes193,907100.00

Campaign

The leader of the initiative campaign Alaskans for the Recriminalization of Marijuana was Marie Majewske, described as an "Anchorage grandmother". [2] The initiative also received support from William Bennett, President Bush's Drug Czar, who planned to visit Alaska to campaign for the measure; the DEA and FBI also sponsored a Marijuana Myths and Misconceptions symposium in Anchorage. [3]

Opposition to the initiative was led by Alaskans for Privacy, [2] and the National Organization for the Reform of Marijuana Laws (NORML) gave top priority to defeating the initiative, contributing "nearly $16,000" to opposition efforts by late September. [3]

Polling across Alaska in August of that year showed a nearly 2–1 margin of support for the measure. Gubernatorial candidates Arliss Sturgulewski (Republican) and Walter Hickel (Alaskan Independence Party) supported the initiative, while Democrat Tony Knowles supported criminalization but not incarceration for first-time offenders. [3]

At the successful end of the campaign, Majewske announced:

It's wonderful, I have great faith in the people of this state. I truly believed they would do the right thing. I think that this will say to people that the law didn't work, and we need to be looking in the other direction, toward a drug-free environment for our children. The only way to do that is to tell them it's illegal. [2]

Related Research Articles

<span class="mw-page-title-main">1996 California Proposition 215</span> California law permitting medical marijuana

Proposition 215, or the Compassionate Use Act of 1996, is a California law permitting the use of medical cannabis despite marijuana's lack of the normal Food and Drug Administration testing for safety and efficacy. It was enacted, on November 5, 1996, by means of the initiative process, and passed with 5,382,915 (55.6%) votes in favor and 4,301,960 (44.4%) against.

<span class="mw-page-title-main">Marijuana Policy Project</span> American organization

The Marijuana Policy Project (MPP) is the largest organization working solely on marijuana policy reform in the United States in terms of its budget, number of members, and staff.

<span class="mw-page-title-main">1998 Oregon Ballot Measure 67</span> Referendum legalizing medical marijuana

The Oregon Medical Marijuana Act, a law in the U.S. state of Oregon, was established by Oregon Ballot Measure 67 in 1998, passing with 54.6% support. It modified state law to allow the cultivation, possession, and use of marijuana by doctor recommendation for patients with certain medical conditions. The Act does not affect federal law, which still prohibits the cultivation and possession of marijuana.

<span class="mw-page-title-main">Legalization of non-medical cannabis in the United States</span> Legalization of marijuana in the United States

In the United States, the non-medical use of cannabis is legalized in 24 states and decriminalized in 7 states, as of November 2023. Decriminalization refers to a policy of reduced penalties for cannabis offenses, typically involving a civil penalty for possessing small amounts, instead of criminal prosecution or the threat of arrest. In jurisdictions without penalty the policy is referred to as legalization, although the term decriminalization is sometimes used for this purpose as well.

<span class="mw-page-title-main">1998 Alaska Measure 2</span> Referendum banning same-sex marriage

Ballot Measure 2 of 1998 is a ballot measure, since ruled unconstitutional, that added an amendment to the Alaska Constitution that prohibited the recognition of same-sex marriage in Alaska. The Ballot measure was sparked by the lawsuit filed by Jay Brause and Gene Dugan, after the two men were denied a marriage license by the Alaska Bureau of Vital Statistics. In Brause v. Bureau of Vital Statistics, 1998 WL 88743, the Alaska Superior Court ruled that the state needed compelling reason to deny marriage licenses to same-sex couples and ordered a trial on the question. In response, the Alaska Legislature immediately proposed and passed Resolution 42, which became what is now known as Ballot Measure 2. Ballot Measure 2 passed via public referendum on November 3, 1998, with 68% of voters supporting and 32% opposing. The Bause case was dismissed following the passage of the ballot measure.

<span class="mw-page-title-main">Legal history of cannabis in the United States</span>

In the United States, increased restrictions and labeling of cannabis as a poison began in many states from 1906 onward, and outright prohibitions began in the 1920s. By the mid-1930s cannabis was regulated as a drug in every state, including 35 states that adopted the Uniform State Narcotic Drug Act. The first national regulation was the Marihuana Tax Act of 1937.

<span class="mw-page-title-main">Politics of Alaska</span> Politics of a U.S. state

Although in its early years of statehood, Alaska was a Democratic state, since the early 1970s it has been characterized as Republican-leaning. Local political communities have often worked on issues related to land use development, fishing, tourism, and individual rights. Alaska Natives, while organized in and around their communities, have been active within the Native corporations. These have been given ownership over large tracts of land, which require stewardship. The state has an independence movement favoring a vote on secession from the United States, with the Alaskan Independence Party, but its membership has shrunk in recent decades.

Ravin v. State, 537 P.2d 494, was a unanimous decision by the Alaska Supreme Court. Decided on May 27, 1975, the Court held that 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. 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.

<span class="mw-page-title-main">Cannabis in Oregon</span> Use of cannabis in Oregon

Cannabis in Oregon is legal for both medical and recreational use. In recent decades, the U.S. state of Oregon has had a number of legislative, legal, and cultural events surrounding use of cannabis. Oregon was the first state to decriminalize the possession of small amounts of cannabis, and among the first to authorize its use for medical purposes. An attempt to recriminalize possession of small amounts of cannabis was turned down by Oregon voters in 1997.

<span class="mw-page-title-main">2010 California Proposition 19</span> Failed measure to legalize marijuana

California Proposition 19 was a ballot initiative on the November 2, 2010, statewide ballot. It was defeated, with 53.5% of California voters voting "No" and 46.5% voting "Yes." If passed, it would have legalized various marijuana-related activities, allowed local governments to regulate these activities, permitted local governments to impose and collect marijuana-related fees and taxes, and authorized various criminal and civil penalties. In March 2010, it qualified to be on the November statewide ballot. The proposition required a simple majority in order to pass, and would have taken effect the day after the election. Yes on 19 was the official advocacy group for the initiative and California Public Safety Institute: No On Proposition 19 was the official opposition group.

<span class="mw-page-title-main">Timeline of cannabis laws in the United States</span> Historical list in chronological order of U.S. cannabis law

The legal history of cannabis in the United States began with state-level prohibition in the early 20th century, with the first major federal limitations occurring in 1937. Starting with Oregon in 1973, individual states began to liberalize cannabis laws through decriminalization. In 1996, California became the first state to legalize medical cannabis, sparking a trend that spread to a majority of states by 2016. In 2012, Washington and Colorado became the first states to legalize cannabis for recreational use.

<span class="mw-page-title-main">2014 Florida Amendment 2</span> Referendum

Florida Amendment 2, Use of Marijuana for Certain Medical Conditions, is an initiative that appeared on the November 4, 2014, ballot in the state of Florida as a citizen initiated state constitutional amendment.

Alaska Measure 2 was a successful 2014 ballot measure in the U.S. state of Alaska, described as "An Act to tax and regulate the production, sale, and use of marijuana". 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. Oregon and Alaska both voted in legalization on Election Day 2014, but Alaska preceded Oregon in enacting their legislation.

<span class="mw-page-title-main">Cannabis in South Dakota</span> Legality, use and culture of cannabis in the U.S. state of South Dakota

Cannabis in South Dakota is legal for medical use as of July 1, 2021, having been legalized by a ballot initiative on November 3, 2020. Prior to then, cannabis was fully illegal, with South Dakota being the only U.S. state which outlawed ingestion of controlled substances. Testing positive for cannabis can be a misdemeanor offense. South Dakota would have become the first state in US history to legalize recreational and medical cannabis simultaneously, but an amendment legalizing recreational marijuana that was approved in the same election was struck down as unconstitutional the following February. The challenge claimed the amendment violated Amendment Z, the "Single-Subject Rule". The decision was appealed to the South Dakota Supreme Court, which upheld the lower court's decision on November 24, 2021.

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.

<span class="mw-page-title-main">Cannabis in Alaska</span> Legality, use and culture of cannabis in the U.S. state of Alaska

Cannabis in Alaska is legal for recreational use since 2014. It was first legalized by the court ruling Ravin v. State in 1975, but later recriminalized by Measure 2 in 1990. Ballot measures in 2000 and 2004 attempted to legalize recreational use, until finally Measure 2 in 2014 passed with 53.2% of the vote. Medical use was legalized by way of Measure 8 in 1998.

<span class="mw-page-title-main">2016 California Proposition 64</span> Referendum on recreational cannabis

The Adult Use of Marijuana Act (AUMA) was a 2016 voter initiative to legalize cannabis in California. The full name is the Control, Regulate and Tax Adult Use of Marijuana Act. The initiative passed with 57% voter approval and became law on November 9, 2016, leading to recreational cannabis sales in California by January 2018.

<span class="mw-page-title-main">Cannabis in Arizona</span> Overview of the use and culture of cannabis in Arizona, U.S.

Cannabis in Arizona is legal for recreational use. A 2020 initiative to legalize recreational use passed with 60% of the vote. Possession and cultivation of recreational cannabis became legal on November 30, 2020, with the first state-licensed sales occurring on January 22, 2021.

<span class="mw-page-title-main">Cannabis in Ohio</span> Legality, use and culture of cannabis in the U.S. state of Ohio

Cannabis in Ohio is legal for recreational use. Issue 2, a ballot measure to legalize recreational use, passed by a 57–43 margin on November 7, 2023. Possession and personal cultivation of cannabis became legal on December 7, 2023, with the first licensed sales yet to occur under the law. Prior to legalization, Ohio decriminalized possession of up 100 grams in 1975, with several of the state's major cities later enacting further reforms.

<span class="mw-page-title-main">Cannabis in Washington (state)</span> Overview of cannabis use and culture in Washington state

Cannabis in Washington relates to a number of legislative, legal, and cultural events surrounding the use of cannabis. On December 6, 2012, Washington became the first U.S. state to legalize recreational use of marijuana and the first to allow recreational marijuana sales, alongside Colorado. The state had previously legalized medical marijuana in 1998. Under state law, cannabis is legal for medical purposes and for any purpose by adults over 21.

References

  1. John Scheb; John Scheb, II (February 19, 2013). Criminal Law and Procedure. Cengage Learning. pp. 300–. ISBN   978-1-285-54613-1.
  2. 1 2 3 "Alaska Voters Approve Measure to Recriminalize Marijuana". Apnewsarchive.com. November 7, 1990. Retrieved April 20, 2015.
  3. 1 2 3 "Alaskans May Vote Away Right to Smoke Marijuana". Apnewsarchive.com. October 8, 1990. Retrieved January 14, 2017.