Pubdate: Tue, 08 Dec 2015
Source: Alaska Dispatch News (AK)
Copyright: 2015 Alaska Dispatch Publishing
Contact:  http://www.adn.com/
Details: http://www.mapinc.org/media/18
Note: Anchorage Daily News until July '14
Author: Lindianne Sarno

CANNABIS AND THE CONSTITUTION

"Board OKs pot use at retail stores" was the Nov. 21 headline in the 
Alaska Dispatch News. But the Marijuana Control Board still 
"considers illegal" cannabis social clubs where someone brings their 
own cannabis products to consume.

The position of the Kachemak Cannabis Coalition is: Social clubs are 
beyond the jurisdiction of the Marijuana Control Board.

The Alaska Department of Law and Lt. Gov. Byron Mallott now must 
decide whether social clubs lie within the jurisdiction of the 
Marijuana Control Board. Principles of the Alaska Constitution govern 
the key issue of cannabis social clubs.

Article 1 of the Alaska Constitution reads, "Inherent Rights ... all 
persons are equal and entitled to equal rights, opportunities, and 
protection under the law."

Social and cultural associations like the Boy Scouts, 4-H clubs, the 
Celtic Club, the VFW, the Masons, the Grange and the Rotary are 
protected by the United States Constitution's First Amendment freedom 
to associate. Adult social associations may choose to consume 
alcohol. Therefore, social associations may choose to consume cannabis.

The initiative says "tax and regulate marijuana like alcohol." Under 
principles of equality, the board's attempt to confine cannabis 
consumption to the retail store will not fly, any more than the board 
could decree that all alcohol purchased at the Grog Shop shall be 
consumed at the Grog Shop.

- - Lindianne Sarno

Homer
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MAP posted-by: Jay Bergstrom