bigbudmicro
Active Member
Having a cannabis cup, even if it were at home. I feel like legislation needs to change first in order for something like that to happen
AK RIU picnic/meetup
- Thread starter AKrbb907
- Start date
FrozenChozen
Well-Known Member
http://en.wikipedia.org/wiki/Ravin_v._State
Ravin v. State, 537 P.2d 494 (Alaska 1975), was a 1975 decision by the Alaska Supreme Court that held the Alaska Constitution's right to privacy protects an adult's ability to use and possess a small amount of marijuana in the home for personal use. The Alaska Supreme Court thereby became the first—and only—state or federal court to announce a constitutional privacy right that protects some level of marijuana use and possession.
as long as we're all adults and on PRIVATE PROPERTY why would there be a problem?....
bigbudmicro
Active Member
Ravin v. State only protects you for possession of 4 ounces max
I feel like there would be much more than 4 ounces at a cannabis cup, which may put you at risk of being raided. Especially if it's advertised everywhere. I would wait until November and see what the people vote on first before jumping in feet first like that
FrozenChozen
Well-Known Member
Ravin V State only protects up to 1 oz! and that 1 oz is per adult...
YOU SHOULD REALLY READ IT
I also see how waiting till the November vote could be beneficial but have you read ballot measure 2?
probably not eh?
I have... and though it decriminalizes use and possession it REDUCES the amount we can already "possess" by about HALF!
Personally the only reason I am voting yes is to have wax/oil/shatter/hash/edibles/RSO taken off Alaska's "Schedule 1 narcotics list" (possession of an S1 substance is a class C felony) and made available to those who NEED it!
THAT IS THE ONLY REASON!
GET INFORMED! MISINFORMATION IS THE DOWNFALL OF OUR MOVEMENT!
bigbudmicro
Active Member
Like the misinformation you are spreading right now?
"Possession for Personal Use
Use or display of any amount or possession of less than 1 ounce of marijuana is a class B misdemeanor punishable by up to 90 days imprisonment and/or a fine up to $2,000. However, if the use, display, or possession was for personal use and occurred in the confines of the offender's private residence, there is no penalty and this act is protected under the Alaskan constitutional right to privacy. It is class A misdemeanor punishable by up to 1 year imprisonment and/or a fine up to $10,000 to possess 1 ounce or more but less than 4 ounces of marijuana. However, if the possession was for personal use and occurred in the confines of the offender's private residence, there is no penalty and this act is protected under the Alaskan constitutional right to privacy. Possession of 4 or more ounces of marijuana is a class C felony punishable by up to 5 years imprisonment and/or a fine up to $50,000."
Ravin v. State never put in a place a set amount for personal possession in your home. They simply defined it as small amounts for "personal use". The Alaskan constitutional right to privacy expands on that definition and sets the limit at 4 ounces. YOU SHOULD REALLY READ IT
FrozenChozen
Well-Known Member
Noy v. State, 83 P.3d 538 (Alaska App. 2003). http://scholar.google.com/scholar_case?case=17763301345063946977&q=%22noy+v.+state%22&hl=en&as_sdt=2002
In June 2006, the Alaska Legislature amended the law to prohibit the possession of less than one ounce of marijuana and to make possession of more than one ounce of marijuana a class A misdemeanor.
FrozenChozen
Well-Known Member
I don't want an argument.... You win
FrozenChozen
Well-Known Member
not you are right...
bigbudmicro
Active Member
Now you are trying to twist 2 different things together. Possession=/=Possession in a private residence
Could you pick 1 thing and stick to it before you make a bigger ass of yourself? We were discussing the legality of possession of marijuana on a private residence, in reguards to hosting a cannabis cup, but you decide come in and try to act like smart shit quoting court rulings. Everyone is aware that you are only allowed to possess 1 ounce outside your home, but that is not what we were talking about, quit splitting hairs and being a dick.
Could you pick 1 thing and stick to it before you make a bigger ass of yourself? We were discussing the legality of possession of marijuana on a private residence, in reguards to hosting a cannabis cup, but you decide come in and try to act like smart shit quoting court rulings. Everyone is aware that you are only allowed to possess 1 ounce outside your home, but that is not what we were talking about, quit splitting hairs and being a dick.
FrozenChozen
Well-Known Member
im not trying to be a dick. the rulings are related in the fact that if everyone outside a private residence is only allowed to bring 1 oz. then INSIDE a private domicile the limits would be greater as the right to privacy remains. if the consumption is happening INSIDE vs outside the limits of possession would be greater. there is no splitting of hairs, I am merely raising a valid point. INSIDE VS OUTSIDE. then with BM2 in the works,(at the time of my last inquiry) our limits of possession change from an ounce (outside the HOME, not private domicile) to half an ounce...
I am stating that if sampling is to be happening, wouldn't it be better if everyone could bring more than 14g.?
I'm not construing or contorting any laws or court precedence, just laying out facts as I know them
RIGHT NOW we are allowed up to 1 oz outside a private domicile and 4 oz inside a private domicile
in November that changes to 1 oz in a private domicile and 1/2 oz outside.....
bigbudmicro
Active Member
Now you are just lying. Measure 2 does not change the Alaskan constitutional right to privacy which allows 4 ounces. Measure 2 also allows you to possess all the cannabis you grow from the 6 plants you can grow in your own home(so no limit)
Maybe you should read it
bigbudmicro
Active Member
Here i will help you
Initiative Summary
The following is an overview of the proposed ballot measure.
Initiative Summary
The following is an overview of the proposed ballot measure.
- 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.
elkamino
Well-Known Member
I vote we get back to the fun lil picnic discussion. Perhaps Ravin, AK cups and possession limits can be discussed elsewhere.
I'd love to come to a AK RIU picnic! And Kincaid sounds great, its a bit of a drive for me but well worth it. And maybe we could get in a round of disc golf with anyone interested? That course is amazing!
Anyway I look forward to meeting AK folks who make the effort to be a part of the RIU community, in person!
I'd love to come to a AK RIU picnic! And Kincaid sounds great, its a bit of a drive for me but well worth it. And maybe we could get in a round of disc golf with anyone interested? That course is amazing!
Anyway I look forward to meeting AK folks who make the effort to be a part of the RIU community, in person!
FrozenChozen
Well-Known Member
yes it reduces our current limits, your words exactly! For growth it limits from 24 with 6 flowering to 6 with 3 flowering, AND possession is limited to WHERE IT IS GROWN. When I read BM2 in april there was a propsed limit to half an ounce outside your home, now it shows that possession outside the home is still not okay.... How do you get home from a proposed "retail store" without commiting a crime?....
I agree to disagree. As you are being aggressive and I have hit a sore spot, I move that this should go back to being a thread for a RIU picnic!
AKrbb907
Well-Known Member
I am definitely in for some diac golf!
I dont know where most of our members are located so I was just picking a large open space near me but if the situation is easier for everyone else we can move the picnic ANYWHERE! Hell we could have it at my house!! Anywho thanks Elko for getting this biatch back on track.
FrozenChozen
Well-Known Member
I don't care much for DG! But, I think Kincaid may be far enough out if we're all willing to drop the $100 for public consumption tickets if someone decides to drop the dime *knock on wood*...
AKrbb907
Well-Known Member
Ok well it sounds like most people can make it to Kincaid if asked nicely
Why dont we try and set up a when! Im out of town from 18-22nd this month but am available pretty much any other time than that. I do have a tendency to head to the lake to jetski at any given moment if its nice enough so i gotta have a plan or i might miss my own bbq Haha whats everyone's schedules look like
Why dont we try and set up a when! Im out of town from 18-22nd this month but am available pretty much any other time than that. I do have a tendency to head to the lake to jetski at any given moment if its nice enough so i gotta have a plan or i might miss my own bbq Haha whats everyone's schedules look like