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41 Alaska B. Rag 1 (2017)

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Status of marijuana law


confused by election


By  Jason   Brandeis

   Ever since the Alaska Supreme
Court's 1975  decision in Ravin v.
State, the legal status of marijuana
in Alaska has resided in a gray area.
Ravin  established a stark contrast
between  Alaska's tolerance and re-
spect for adult marijuana use and
the federal government's strict pro-
hibition on the same conduct. By the
time Alaskans  voted for statutory
marijuana legalization in November
2014, Ravin's holding was seen by
many  as mostly symbolic, and real
legalization was thought to involve a
regulated commercial industry with
retail stores like those already oper-
ating in Colorado and Washington.
   The  Colorado  and Washington
models  crystallized the confusion:
Marijuana  use was simultaneously
legal under certain state laws but
criminalized under federal law. With
a growing number of states adopting


a more  permissive approach by al-
lowing adult use, medical use and
commercial sales of marijuana, the
federal government  was  forced to
respond, which it did by issuing the
Cole Memo.
   Modern    marijuana   legaliza-
tion in the United States survives
largely by the grace of this 2013
Department  of Justice policy direc-
tive. The Cole Memo  de-prioritized
federal prosecution of certain mari-
juana  crimes, identified areas for
increased vigilance, and reflected
the view that states should continue
acting in their traditional role as
laboratories for democracy, where-
by they could experiment with novel
marijuana   legalization protocols.
The  memo   established a fragile
truce between the states and the
federal government,  and   though
just a policy that could be reversed


Writers workshop lures Alaskan to follow Hemingway to Cuba


Story  and  photos
By  Dan   Branch


   I attended a week-long writer's
conference in Havana, Cuba, offered
by  Santa  Fe Photographic  Work-
shops. They had us staying in a con-
vent in Old Havana. The nuns were
nice even though  they insisted on
serving us Swedish style breakfasts.
The lighter, Cuban fare would have
served us better in the warm climate.


Lee  Guthind,  editor of Creative
Nonfiction, who was once called the
godfather of the genre by Vanity Fair
magazine, was our workshop leader.

   I'm in the Miami Airport with a
bunch of writer types. In an hour we
will board a flight to Havana. The
other writers seem nice, even inter-
esting but I'm still uncomfortable.
We  have  been warned  about zika
and denge fever. On my doctor's ad-
vice, I've been vaccinated against
typhoid. I carry a copy of my pass-
port signature page to produce when
agents of Cuba's communist govern-
ment  bang on my  bedroom door at
3 a.m. I read that the food will be
poor and  the  water undrinkable,
but thanks to a recent visit by then
President Obama  the people will be
welcoming. A child of the Cold War,
I try to suppress the image of beard-
ed men in jungle-green mufti yelling
Yankee go home!
    A Cuban  family takes the last
empty  seats in the boarding area.
The  oldest, a woman with  granny
clothes and coifed silver hair drops
into a wooden rocking chair that I
hadn't noticed before. Her daugh-
ters, one dressed in conservative de-
partment-store church clothes and
the other in tight and shinny jeans
and top, sit next to her. Their fa-
ther carefully doles out micro cups
of Cuban  coffee to grandma   and
his daughters. They  take seconds
to down the thick, black stuff. The
man  acts with the care of a priest at
a funeral. I hope that a country that
encourages men to have such gentle
manners  won't offer much  danger


for this aging American tourist.
   Even   though  we   had   been
warned  to expect a  grilling from
government  agents, I quickly clear
customs without having  to explain
that while I will attend a Havana
writer's conference, I am a tourist,
not a writer, to avoid being taken
away  for special treatment. I don't
even have to convince them that the
antibiotics in my carry-on bag will
not be sold on the black market.
   At the airport, I exchange $300
dollars for the CUC's that tourists
must use as currency in Cuba - the
equivalent of an average  Cuban's
annual  salary. Now I am  worried


that with  so much  in my  wallet,
I'll attract thieves on the Havanaz
streets like a salmon egg draws at-
tention in a trout stream.
   Before our first morning's walk
we  learn that more visitors suffer
injury from stumbling than from in-
sect borne illnesses or violent crime.
Once  out in the Cuban sunshine, I
can't appreciate the crumbling beau-
ty of the pre-revolution mansions
lining Havana's narrow streets for
fear of stepping into an unmarked
hole in the sidewalk, falling into
open construction pit, or being run


Continued  on page  15


What Alaskan isn't going to check out the fishing in Cuba?


           v' \

\\\\ \\\~4 ~


M/-A I


Continued  on page  22

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