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JanahX -> RE: Colorado votes to legalize pot... (11/7/2012 11:48:35 AM)
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Heres how Alaska deals with their legalized marijuana -
I dont know if CO will follow this or not -
Alaska
In Alaska, cannabis was decidedly legal (under state, but not federal, law) for in-home, personal use under the Ravin v. State ruling of 1975. This ruling allowed up to two ounces (57 g) of cannabis and cultivation of fewer than 25 plants for these purposes. A 1991 voter ballot initiative recriminalized marijuana possession, but when that law was eventually challenged in 2004, the Alaska courts upheld the Ravin ruling, saying the popular vote could not trump the state constitution. In response to former Governor Frank Murkowski's successive attempt to re-criminalize cannabis, the American Civil Liberties Union (ACLU) filed a lawsuit against the state. On July 17, 2006, Superior Court Judge Patricia Collins awarded the Case Summary judgment to the ACLU. In her ruling, she said "No specific argument has been advanced in this case that possession of more than 1 ounce (28 g) of cannabis, even within the privacy of the home, is constitutionally protected conduct under Ravin or that any plaintiff or ACLU of Alaska member actually possesses more than 1 ounce (28 g) of cannabis in their homes." This does not mean that the legal possession threshold has been reduced to one ounce, as this was a mere case summary review filed by the ACLU, not a full case. Reinforcing Ravin, Collins wrote "A lower court cannot reverse the State Supreme Court's 1975 decision in Ravin v. State" and "Unless and until the Supreme Court directs otherwise, Ravin is the law in this state and this court is duty bound to follow that law". The law regarding possession of cannabis has not changed in Alaska, and the Supreme Court has declined to review the case, therefore the law still stands at 4 ounces (113 g).[18] However, federal prosecutions under the CSA can be brought in Federal Court, and federal courts applying federal law are not bound by state court precedent. As such, federal courts in Alaska will recognize that possession of any quantity of marijuana remains illegal in Alaska under federal law.
It should be emphasized that legal possession of cannabis is strictly noncommercial. The maximum legal limit is up to four ounces or 25 plants owned for personal use by adults in the privacy of their homes.[18] Possessing more than 4oz or more than 25 or cannabis plants is a felony punishable by up to 5 years in jail and a fine of up to $ 50,000.[19] Possession of any amount cannabis within 500 feet of a school or a recreation center is also a felony punishable by 5 years jail time and a fine of up to $50,000; but if possession is noncommercial and the offender is in their a private residence, an affirmative defense may be raised in court.[19]
Possession of marijuana for Commercial reasons regardless of the amount is prohibited by law.[19]Sale of less than 1oz is considered a misdemeanor punishable by one year jail time and a fine of up to $5000.[19] Sale of more than one ounce of cannabis is a felony punishable by 5 years in prison and $ 50,000 fine.[19] Furthermore, Alaskans cannot maintain any buildings or structures whose sole purpose is to house and or distribute marijuana plant. [19]
http://en.wikipedia.org/wiki/Cannabis_in_the_United_States
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