Cannabis in Alaska

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Indoor cultivation facility in Alaska Two tier flower room 2023.jpg
Indoor cultivation facility in 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 (but failed) 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. [1]

Contents

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 (equivalent to $540in 2022) for persons possessing cannabis, and became law without the governor's signature. It passed just a week before the Ravin ruling. [2]

Ravin v. State (1975)

Ravin v. State 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. [3] The Alaska Supreme Court thereby became the first –and only –U.S. state or federal court to announce a constitutional right to privacy that protects some level of marijuana use and possession. [3]

Decriminalization (1982)

In 1982, following the Ravin decision, the state legislature decriminalized possession of up to four ounces (110 g) of cannabis in the home, or one ounce (28 g) outside the home. [4]

Recriminalization (1990)

Cured, trimmed Alaska-grown cannabis flower White Tahoe Cookie.jpg
Cured, trimmed Alaska-grown cannabis flower

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. [5]

Medical legalization (1998)

In 1998, Measure 8 to legalize the medical use of cannabis passed with 58.7% of the vote. [6] The measure allowed patients with a doctor's recommendation to possess up to one ounce (28 g) of cannabis or grow six plants. [1]

Failed recreational legalization (2000)

In 2000, Measure 5 to legalize the recreational use of cannabis failed with 40.9% of the vote. [7]

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 (230 g) of marijuana by a jury. However, in 1975, the Alaska Supreme Court had ruled in Ravin v. State that possessing less than four ounces (110 g) 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 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. [8]

U.S. Representative from Alaska Don Young tours a cannabis dispensary in October 2019 Don Young behind the counter at Raspberry Roots with owner Kim Kole and employees. October 2019.jpg
U.S. Representative from Alaska Don Young tours a cannabis dispensary in October 2019

Failed recreational legalization (2004)

In 2004, Measure 2 to legalize the recreational use of cannabis failed with 44.3% of the vote. [9]

Recriminalization (2006)

The state legislature passed a new law making possession of under one ounce (28 g) a misdemeanor punishable by up to 90 days in jail. Possession of one to four ounces (28–113 g) was made a misdemeanor punishable by up to a year in jail. Possession of over 4 ounces (110 g) was made a felony. The measure was pushed by Governor Frank Murkowski. [10]

Recreational legalization (2014)

In 2014, Measure 2 to legalize the recreational use of cannabis passed with 53.2% of the vote. [11] The measure allows adults 21 and over to possess up to one ounce (28 g) of cannabis and cultivate six plants, effective February 24, 2015. [12] It also allows the sale of cannabis at state-licensed dispensaries, the first of which opened on October 29, 2016. [13] 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

Portion of the vendor area at the High Times Alaska Cup cannabis festival and competition outside of Wasilla in 2018 Alaska Cup vendors.jpg
Portion of the vendor area at the High Times Alaska Cup cannabis festival and competition outside of Wasilla in 2018

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. [14] The state reported fiscal year 2017 marijuana tax revenue of $1,745,767 (cultivators only - not retail). [15] In December 2016 and January 2017, widespread supply shortages were reported, causing many cannabis shops to temporarily cease operations until inventory was restored. [16] 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. [17]

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. [18]

Related Research Articles

<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">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.

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">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">Cannabis in Maine</span> Marijuana

In the U.S. state of Maine, marijuana (cannabis) is legal for recreational use. It was originally prohibited in 1913. Possession of small amounts of the drug was decriminalized in 1976 under state legislation passed the previous year. The state's first medical cannabis law was passed in 1999, allowing patients to grow their own plants. The cities of Portland and South Portland decriminalized the possession and recreational use of marijuana in 2013 and 2014, respectively.

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.

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."

<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.

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

In the US state of Montana, cannabis has been legal for both medical and recreational use since January 1, 2021, when Initiative 190 went into effect. Prior to the November 2020 initiative, marijuana was illegal for recreational use starting in 1929. Medical cannabis was legalized by ballot initiative in 2004. The Montana Legislature passed a repeal to tighten Montana Medical Marijuana (MMJ) laws which were never approved by the governor. However, with the new provisions, providers could not service more than three patients. In November 2016 Bill I-182 was passed, revising the 2004 law and allowing providers to service more than three patients. In May 2023, numerous further bills on cannabis legalization and other related purposes passed the Montana Legislature. The Governor of Montana is yet to either sign or veto the bill.

<span class="mw-page-title-main">Cannabis in Arkansas</span> Legal status

Cannabis in Arkansas is illegal for recreational use. First-time possession of up to four ounces (110 g) is punished with a fine of up to $2,500, imprisonment of up to a year, and a mandatory six month driver's license suspension. Medical use was legalized in 2016 by way of a ballot measure to amend the state constitution.

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

Cannabis in North Dakota is legal for medical use but illegal for recreational use. Since 2019 however, possession under a 1/2 ounce has been decriminalized in the sense that there is no threat of jail time, though a criminal infraction fine up to $1,000 still applies. The cultivation of hemp is currently legal in North Dakota. In November 2018, the state's voters voted on recreational marijuana legalization, along with Michigan; the measure was rejected 59% to 41%. Two groups attempted to put marijuana legalization measures on the June 2020 Primary and the November 2020 elections, but were prevented from doing so by the COVID-19 pandemic.

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">2016 California Proposition 64</span> 2016 California voter initiative that legalized 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 Missouri</span> Legality, use and culture of cannabis in the U.S. state of Missouri

Cannabis in Missouri is legal for recreational use. A ballot initiative to legalize recreational use, Amendment 3, passed by a 53–47 margin on November 8, 2022. Possession for adults 21 and over became legal on December 8, 2022, with the first licensed sales occurring on February 3, 2023.

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

Cannabis in New Mexico is legal for recreational use as of June 29, 2021. A bill to legalize recreational use – House Bill 2, the Cannabis Regulation Act – was signed by Governor Michelle Lujan Grisham on April 12, 2021. The first licensed sales of recreational cannabis began on April 1, 2022.

<span class="mw-page-title-main">Cannabis in Maryland</span> Legality, use and culture of medical and recreational cannabis in Maryland

Cannabis in Maryland is legal for medical use and recreational use. Possession of up to 1.5 ounces and cultivation of up to 2 plants is legal for adults 21 years of age and older. In 2013, a state law was enacted to establish a state-regulated medical cannabis program. The program, known as the Natalie M. LaPrade Maryland Medical Cannabis Commission (MMCC) became operational on December 1, 2017.

<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 Michigan</span> Legality, use and culture of cannabis in the U.S. state of Michigan

Cannabis in Michigan is legal for recreational use. A 2018 initiative to legalize recreational use passed with 56% of the vote. State-licensed sales of recreational cannabis began in December 2019.

<span class="mw-page-title-main">2018 Michigan Proposal 1</span>

The Michigan Regulation and Taxation of Marihuana Act, also known as Proposal 1, was an initiative that appeared on the November 2018 ballot to legalize cannabis in the U.S. state of Michigan. The initiative allows adults 21 and older to possess up to 2.5 ounces (71 g) of cannabis and to grow up to 12 plants at home. The initiative was approved with 56% of the vote.

References

  1. 1 2 Edge, Megan; Andrews, Laurel (September 28, 2016). "Timeline: Notable moments in 40 years of Alaska's history with marijuana". Anchorage Daily News. Retrieved February 8, 2018.
  2. ↑ Anderson, Patrick (February 27, 1981). High In America: The True Story Behind NORML And The Politics Of Marijuana. The Viking Press. ISBN   978-0670119905.
  3. 1 2 Brandeis 2012, p. 175.
  4. ↑ Matthew Lippman (August 22, 2013). Essential Criminal Law. SAGE Publications. pp. 298–. ISBN   978-1-4833-2447-0.
  5. ↑ "Alaska Marijuana Criminalization Initiative, Measure 2 (1990)". Ballotpedia. Retrieved September 21, 2019.
  6. ↑ "Alaska Medical Marijuana Act, Measure 8 (1998)". Ballotpedia. Retrieved September 21, 2019.
  7. ↑ "Alaska Marijuana Decriminalization Initiative, Measure 5 (2000)". Ballotpedia. Retrieved September 21, 2019.
  8. ↑ "Alaska Court Upholds Privacy Right to Smoke Marijuana in the Home". Cognitiveliberty.org. September 2, 2003. Archived from the original on September 23, 2015. Retrieved January 30, 2017.
  9. ↑ "Alaska Legalize Marijuana Initiative, Measure 2 (2004)". Ballotpedia. Retrieved September 21, 2019.
  10. ↑ Volz, Matt (June 6, 2006). "ACLU sues state on marijuana law". Juneau Empire. Archived from the original on February 9, 2018. Retrieved February 8, 2018.
  11. ↑ "Alaska Marijuana Legalization, Ballot Measure 2 (2014)". Ballotpedia. Retrieved September 21, 2019.
  12. ↑ "Alaska becomes 3rd state with legal marijuana". USA Today. Associated Press. February 24, 2015. Retrieved April 20, 2015.
  13. ↑ Andrews, Laurel (October 29, 2016). "Marijuana milestone: Alaska's first pot shop opens to the public in Valdez". Anchorage Daily News. Retrieved September 21, 2019.
  14. ↑ Laurel Andrews (January 3, 2017). "Alaska collects first full month of marijuana tax revenue". Alaskan Dispatch.
  15. ↑ Revenue, Alaska Department of. "Alaska Department of Revenue - Tax Division". tax.alaska.gov. Archived from the original on October 28, 2017. Retrieved October 27, 2017.
  16. ↑ Laurel Andrews (January 4, 2017). "Legal weed is hard to come by in Alaska". Alaskan Dispatch.
  17. ↑ "Alaska Politician Proposes Ban On Marijuana Discounts For Active Military | Weed News". Weednews.co. January 25, 2017. Archived from the original on January 25, 2017. Retrieved January 30, 2017.
  18. ↑ Lana Braslavskaia (August 6, 2021). "Alaska Cannabis Industry Research". AskGrowers.

Bibliography

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