By Paul Armentano, NORML Deputy Director
Alaska voters will decide this November on a proposed initiative to regulate the production and retail sale of cannabis to adults.
Although the measure was initially scheduled to go before voters during the state's primary election in August, state officials this week decided to push back the vote to the November general election. The postponement was required because lawmakers failed to adjourn this year's legislative session within 90 days, the standard time allotted under state rules. Under Alaska law, ballot initiatives must go to voters no less than 120 days after the end of that year's legislative session.
If enacted by voters this November, the ballot measure would legalize the adult possession of up to one ounce of cannabis as well as the cultivation of up to six-plants (three flowering) for personal consumption. It would also allow for the establishment of licensed, commercial cannabis production and retail sales of marijuana and marijuana-infused products to those over the age of 21. Commercial production and retail sales of cannabis would be subject to taxation, but no taxes would be imposed upon those who choose to engage in non-commercial activities (e.g., growing small quantities of marijuana for personal use and/or engaging in not-for-profit transfers of limited quantities of cannabis.) Public consumption of cannabis would be subject to a civil fine.
The measure neither amends the state's existing medical marijuana law, which was approved by voters in 1998, nor does it diminish any privacy rights established by the state's Supreme Court in its 1975 ruling Ravin v State.
Under present state law, the possession of marijuana not in one's residence is classified as a criminal misdemeanor punishable by up to 90-days in jail and a $2,000 fine.
According to the results of a statewide Public Policy Polling survey, released in February, 55 percent of registered voters "think (that) marijuana should be legally allowed for recreational use, that stores should be allowed to sell it, and that its sales should be taxed and regulated similarly to alcohol." Only 39 percent of respondents oppose the idea. The survey possesses a margin of error of +/- 3.4 percent.
If enacted, Alaska will be the third US state to regulate the legal retail production and sale of cannabis to adults.
Also this November, voters in Florida will decide on a constitutional amendment to allow for the physician-approved use and retail distribution of cannabis for medical purposes.