Court Says Alaskans Can Possess Marijuana at Home September 5, 2003
News Summary
In a unanimous decision, the Alaska Court of Appeals ruled that state residents have a constitutional right to possess small amounts of marijuana in their home, the Associated Press reported Aug. 31.The ruling overturns a 2001 conviction of David S. Noy, who was found with marijuana in his North Pole home.
"Alaska citizens have a right to possess less than four ounces of marijuana in their home for personal use," said Appeals Judge David Stewart, citing the privacy provisions of the Alaska Constitution.
Alaska Attorney General Gregg Renkes said he would ask the Alaska Supreme Court to review the case. "We are seeking further court review of the constitutional issues raised by the court of appeals," Renkes said.
In 1990, voters criminalized possession of any amount of marijuana, which previously had been decriminalized.
Gov. Frank Murkowski called the court ruling "regrettable."
"Substance abuse is causing great harm to our rural society, specifically our young people," Murkowski said. "It is regrettable that the court of appeals has, in essence, rejected the will of the people of Alaska who re-criminalized the use of marijuana in a 1990 initiative."
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