An explanation of marijuana laws in Alaska that even I find confusing.

When I first heard about Ballot Measure 2, my first thought was "Wait, isn't pot already legal up here?"

And the answer to that question is "Yes, kinda."

In fact in 1975, the Alaska Supreme Court ruled that residents have the right to grow and consume small amounts of marijuana in their homes. That was 39 years ago, when I was only fifteen.

However that is where things get a little complicated.

Here let the Washington Post clear things up a little for you:

As you might imagine, that ruling has faced some opposition over the years, and has been placed into legal limbo from time to time due to various ballot and legislative challenges. But Alaska courts have repeatedly and consistently upheld the notion that Constitutional privacy protections cover the personal possession, cultivation and use of marijuana in Alaska. 

"Alaskans can currently lawfully possess up to four ounces of marijuana in their homes for personal use [and cultivate up to 25 plants], but still risk prosecution under existing state and federal statutes," concludes University of Alaska law professor Jason Brandeis in an exhaustive history of Alaska marijuana law (which makes for a pretty interesting read if you're into such things). You could still technically be charged with marijuana possession if caught with less than four ounces in your home, but a court would essentially have to throw the charge out. 

This puts Alaska in a unique position: in some respects its marijuana laws are more liberal than those in the Netherlands, which outlaw personal cultivation completely. While all eyes are on Colorado and Washington to see how those experiments with legal marijuana turn out, Alaska, with 39 years of (admittedly complicated) legalization history is largely overlooked: you'd think that forces on both sides of the national marijuana debate would be looking to Alaska for answers and arguments. Why aren't they? 

Part of it is that Alaska is just weird. Extrapolating lessons from one state to the rest of the country is a fraught exercise in the best circumstances, and all the more so when the state in question is geographically remote and sparsely populated.

The article goes on to say that even Alaskans are often not sure of the laws up here. And I would certainly agree as I am one of those that was not up to speed.

So what the ballot measure does is essentially kind of make the whole thing much simpler to understand in the following ways: 

Includes a statement saying the initiative is not intended to diminish the rights established by the Alaska Supreme Court in the Ravin case, which allow citizens to possess a limited amount of marijuana in their homes. It also includes a statement saying the initiative will not diminish the rights of patients or caregivers under Alaska’s medical marijuana law. 

Makes possession of up to one ounce of marijuana and up to six plants (three flowering) legal for adults 21 years of age or older. It also allows adults to possess the marijuana produced by the plants on the premises where the plants are grown. 

Makes manufacture, sale and possession of marijuana accessories legal. 

Grants regulatory oversight to the Alcoholic Beverage Control Board, but gives the legislature the authority to create a new Marijuana Control Board at any time. The regulatory board has nine months to enact regulations, and applications shall be accepted one year after the effective date of the initiative. 

Creates the following marijuana establishments: marijuana retail stores, marijuana cultivation facilities, marijuana infused-product manufacturers, and marijuana testing facilities. 

Allows localities to ban marijuana establishments, but they cannot prohibit private possession and home cultivation. 

Establishes an excise tax of $50 per ounce on sales or transfers from a marijuana cultivation facility to a retail store or infused-product manufacturer. 

Consumption of marijuana in public will remain illegal and punishable by a $100 fine. 

The initiative does NOT change existing laws related to driving under the influence. 

Allows employers to maintain restrictions on marijuana use by employees. 

As I have mentioned before I am not someone who uses marijuana so I don't really have a dog in this fight.

However I really DO think that the whole country is moving toward legalization, and since Alaska is just about there anyway it makes no sense that we would let this opportunity pass without giving it our yes vote, as we all know full well that it will certainly be passed anyway in the next five years or so.

We might as well be ahead of the wave, instead of being left high and dry on the sand (Or perhaps more accurately un-high and dry on the sand.) while other states cross the finish line ahead of us.