By Matt Volz, The Associated Press (Juneau, Alaska) -- The American Civil Liberties Union sued the state of Alaska today over a new law penalizing marijuana possession for personal use in the home.

The civil liberties group alleges the new law is an unconstitutional invasion of privacy. "Is marijuana so dangerous that it justifies restricting a fundamental right? The state thinks it's yes, we think it's no," said Michael Macleod-Ball, executive director of the ACLU of Alaska.

The lawsuit also claims the law allows prosecution of people who use marijuana for medical purposes, which the Alaska Department of Law disputes.

Along with the lawsuit, the ACLU is asking a Juneau Superior Court judge to block the law. Macleod-Ball said a hearing was not immediately set.

The law, which was signed by Gov. Frank Murkowski on Friday, is an attempt to reverse a 30-year-old Alaska Supreme Court decision called Ravin vs. Alaska in which the court ruled the privacy rights of Alaskans trumped the harm the drug could cause.

Later court decisions set a legal limit of 4 ounces that an individual can keep in the home.

Murkowski for the past two years has been pushing through a bill to counter that ruling, understanding that the final decision would be up to the courts.

Under the new law, pot possession of 4 ounces or more is a felony. Possession of 1-4 ounces is a misdemeanor punishable by up to a year in jail; less than 1 ounce is a misdemeanor punishable by up to 90 days in jail.

"The issue of marijuana appears destined to be resolved by the courts," said Department of Law spokesman Mark Morones. "Now that there's some science behind it, we know a lot more about it now and its potency now than when the Ravin decision was decided."

Gearing up for the court fight, Murkowski and the Legislature included in the bill a set of findings meant to prove that marijuana has increased in potency since the original Supreme Court decision, and therefore has become more dangerous.

Opponents submitted material supporting their position, but the material was never considered by the Legislature, nor did any of it end up in the findings, according to the lawsuit.

"There was all this sort of reefer madness stuff coming from the government, saying this is crazy and we've got to restrict this," Macleod-Ball said. "There was misinformation and disinformation because the state was trying to make a point that it's more dangerous."

Joining the ACLU as a plaintiff is an anonymous 54-year-old woman referred to as Jane Doe who uses marijuana to treat pain caused by a neurological illness called reflex sympathetic dystrophy, according to the lawsuit.

She and another plaintiff, a 42-year-old woman referred to as Jane Roe, won't list their real names because they fear criminal prosecution under the new law, the lawsuit says.

Jane Doe and the ACLU claim there is no exception under the new law for medical marijuana patients. Morones said medical marijuana users are protected under the new law and will not be affected.

Source: Associated Press (Wire) Author: Matt Volz, The Associated Press Published: June 5, 2006 Copyright: 2006 Associated Press

ACLU Files Lawsuit to Protect Privacy Rights

For Immediate Release Source: ACLU

Juneau, AK - The American Civil Liberties Union of Alaska today filed a state constitutional challenge to a newly enacted law criminalizing adults' possession of small amounts of marijuana in the privacy of their homes.

The ACLU of Alaska's lawsuit seeks an immediate court order blocking enforcement of the law and an eventual ruling permanently striking down the legislation as unconstitutional.

"With the stroke of a pen, the Governor has signed away Alaskans' right to be free from unwarranted government intrusion into the home," said Michael Macleod-Ball, Executive Director of the ACLU of Alaska. "This legislation is an end-run around the Constitution, and we intend to put a stop to it."

The legislation, House Bill 149, signed on Friday by Governor Frank Murkowski, violates the state Constitution's privacy protections and contradicts longstanding legal precedent, according to the ACLU. The Alaska Supreme Court ruled in 1975, in Ravin v. State, that possession of small amounts of marijuana in one's home is protected by the state Constitution's privacy provision ­ a decision repeatedly affirmed by Alaskan courts, most recently in 2004.

The ACLU of Alaska represents two individuals who use marijuana within the privacy of their homes, Jane Doe and Jane Roe. Both plaintiffs must remain anonymous, as they are subject to arrest and prosecution for their use of marijuana under the new law. The ACLU of Alaska is also a plaintiff on behalf of itself, as a civil liberties organization, as well as its members, some of whom use marijuana in the privacy of their homes.

Under the new law, Alaskans engaged in purely personal and private conduct in their homes now face the prospect of surveillance, searches and criminal sanctions. In addition, individuals who use marijuana to treat severe and disabling illnesses will now be at risk.

Plaintiff Jane Doe, for example, relies on marijuana to treat symptoms associated with Reflex Sympathetic Dystrophy, a chronic neurological condition characterized by severe pain, tissue swelling and extreme sensitivity to touch. The legislation makes no exception for individuals like Doe who are dependent on the medicinal properties of marijuana.

"Even if the legislature makes marijuana illegal, I will continue to use and possess it in my home," said Doe, in a declaration accompanying the lawsuit. "It is not an exaggeration to say that if I stop it would kill me."

Approximately 600 patients have been issued identification cards under Alaska's medical marijuana registry program ­ a number that would most certainly be higher absent the state's longstanding recognition of the right to private marijuana possession. Under the new law, all of these patients, as well as their homes and possessions, are subject to search and seizure simply for engaging in the legally protected conduct of using medicine based on a physician's advice.

Plaintiff Roe told the court, "I am very concerned about my privacy. I feel like what I choose to do in my own home is not something the government can just come in and regulate."

After several failed attempts to pass the controversial law on its own merit, Governor Murkowski urged the Senate to combine the marijuana provisions with a piece of legislation primarily concerned with methamphetamine. The House, which had already passed the methamphetamine measures, initially rejected this move, but eventually acquiesced and enacted the altered legislation under intense pressure from the Governor's office.

"Our representatives would do well to heed the words of our state's high court upon first establishing Alaskans' right to privacy in this arena," said Macleod-Ball, referring to the Alaska Supreme Court's decision in Ravin, which stated: "[Alaska] has traditionally been the home of people who prize their individuality and who have chosen to settle or continue living here in order to achieve a measure of control over their own lifestyles."

The ACLU's lawsuit was filed in the Alaska Superior Court in Juneau. The State of Alaska and Alaska Attorney General David W. Marquez are named as defendants.

Complete Title: ACLU Files Lawsuit to Protect Privacy Rights of Alaskans After Governor Signs Unconstitutional Marijuana Law

The ACLU's legal complaint may be viewed online at: http://www.aclu.org/drugpolicy/decrim/25777lgl20060605.html

The ACLU's motion seeking to immediately block implementation of the law may be viewed at:

http://www.aclu.org/drugpolicy/decrim/25772lgl20060605.html

A memorandum in support of the motion is available at:

http://www.aclu.org/drugpolicy/decrim/25770lgl20060605.html

A letter previously sent by the ACLU to Alaska Attorney General Marquez explaining the constitutional basis for its legal challenge is also available at:

http://www.aclu.org/drugpolicy/decrim/25413lgl20060501.html