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31 Alaska Just. F. 1 (2014-2015)

handle is hein.journals/aljufor31 and id is 1 raw text is: P [Revised 21 October 20141 Spring/Summer 2014 UNIVERSITY of ALASiKA ANCHORAGE Vol. 31, No. 1-2 Shifting Marijuana Laws and Policies: Implications for Alaska Jason Brandeis Marijuana regulation continues to be a pressing criminal justice and social policy issue both in Alaska and across the nation. Nearly one-third of the states have de- criminalized possession of small amounts of marijuana and nearly half have legalized marijuana for medical use. (See Figure 1.) Recently, voters in Colorado and Wash- ington further shifted the marijuana law paradigm by approving ballot measures that legalized recreational marijuana use and established comprehensive licensing and regulatory frameworks for the production and commercial sale of marijuana. Changes to state drug laws that allow commercial marijuana transactions and relax or eliminate criminal penalties for marijuana use and possession raise constitutional issues (see Table 1, p. 18). Such laws conflict with the Controlled Substances Act (CSA), the federal law that makes all marijuana use, possession, and sale illegal. Since 1996, when California became the first state to enact a medical marijuana law, numerous federal prosecutions have been filed against medical marijuana providers who were operating under valid state laws. But fol- lowing legalization in Colorado and Wash- ington, the federal government's approach to marijuana enforcement has shifted. The U.S. Department of Justice recently announced a new policy that respects state efforts to legalize and decriminalize marijuana, the U.S. Treasury Department issued guidelines intended to make it easier for banks to work with marijuana-related business, and Con- gress is considering several bills aimed at reforming the federal marijuana prohibition. Such changes to other states' marijuana laws and to federal marijuana enforce- ment policies are of particular relevance to Alaska because these changes could have consequences for Alaska's existing medi- cal and recreational marijuana laws. And, although Alaska does not currently have a regulated commercial marijuana market like Colorado and Washington, it soon may. A ballot measure that would legalize, tax, and regulate marijuana in Alaska will be before the state's voters at the November 2014 general election. This article summarizes Alaska's current marijuana laws, identifies recent changes to other state laws and federal policies re- lated to marijuana use and possession, and discusses the impact of those changes on Alaska's marijuana laws. Decriminalization, Legalization, and Alaska's Unique Marijuana Laws A state is considered to have decriminal- ized marijuana if it has removed the threat of jail or prison time for the lowest-level marijuana offenses, generally personal pos- session of small amounts of marijuana. Such possession often still carries a penalty, but instead of imprisonment, the sanction is a civil fine. Jurisdictions that continue to classify marijuana possession as a crime, but do not impose prison time for first offenses (but do so for subsequent offenses), can also Please see Marijuana, page 18 HIGHLIGHTS INSIDE THIS ISSUE Statistics for homelessness in Alaska and the U.S. (page 2). SB64 and the Alaska Criminal Justice Commission (page 11). The Alaska Court System's Early Resolution Program for family law cases (page 13). Figure 1. State-Level Marijuana Legalization and Decriminalization Z Legalized medical marijuana laws Legalized medical marijuana and decriminalized marijuana possession laws Decriminalized marijuana possession laws Legalized medical and recreational marijuana laws (generally, jail time removed for possession of small amounts) Note: The Alaska Supreme Court has found that the state constitution's right to privacy protects an adult's ability to possess modest amounts of marijuana in the home for personal use. Sources of data: New York Times; National Organization for the Reform of Marijuana Laws; Marijuana Policy Project; National Conference of State Legislatures; news reports

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