Questioning authority on marijuana

Letter to the editor

Posted: Friday, November 28, 2003

An open letter to Governor Frank Murkowski and Attorney General Gregg D. Renkes of the state of Alaska regarding Alaska Supreme Court ruling Noy v. State:

In your oaths of office, you swore to "support and defend the Constitution of the United States and the Constitution of the state of Alaska." This letter is to inform you that:

1) Article IV, Sec. 2(a) of the Constitution of the state of Alaska dictates that "the Supreme Court shall be the highest court of the state, with final appellate jurisdiction"; and that

2) the Alaska Supreme Court has ruled (in the above-referenced decision) that "Alaska citizens have the right to possess less than four ounces of marijuana in their home for personal use."

However, it is my understanding that, in practice, you are not recognizing the Alaska Supreme Court's authority regarding this matter, as Chief Assistant Attorney General Dean Guaneli is on record as saying that "[you] are telling the police it is not legal to possess [marijuana]."

Gentlemen, speaking as an American citizen, it troubles me greatly when our governmental officials are wantonly contemptuous of the duties of their offices, so I strongly urge you to uphold your oaths of office and not to disregard the rule of law in your state. I am writing this letter so that there can be no doubt that you are informed on this matter and so as to have a record to that end.

This letter has also been forwarded to the Alaska Judicial Council to help them with point three of their charter (as stated in the Alaska Constitution Article IV, Sec. 9): "The Judicial Council shall conduct studies for improvement of the administration of justice, and make reports and recommendations to the Supreme Court and to the Legislature at intervals of not more than two years" - under the heading that one improvement might be to take additional measures to compel the governor, attorney general, et al., not to disregard the authority of Alaska's courts.

Greggory Moore

Fullerton, Calif.

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