Marijuana legal again in homes, Alaska court rules

ReformMaryJaneLaws · #1 (**permalink**) 09-02-2003, 07:29 AM

Marijuana legal again in homes, Alaska court rules

Juneau Daily News Online

(Published: August 29, 2003)

Marijuana legal again for use by adults in their own homes in Alaska The Alaska Court of Appeals has re-legalized the use of marijuana by adults in private homes.

The court handed down its decision Friday and directed state Attorney General Greg Renkes to review the case and make recommendations on how the state should proceed.
The court heard the appeal by David S. Noy, who was convicted of possessing less than 8 ounces of marijuana in his home.

Noy had appealed his conviction, arguing that he was convicted for engaging in conduct that is protected under the privacy provision of the Alaska State Constitution.

The Appeals Court agreed that Noys' conduct was constitutionally protected.

In its decision released Friday, the Court says Alaska citizens have the right to posses less than 4 ounces of marijuana in their home for personal use.

The Appeals Court cited the Alaska Supreme Courts' Raven decision in 1975, that the state Constitution protects possession of marijuana by adults for personal use in one's own home.

In 1990, Alaska voters approved a ballot proposition that re-criminalized the possession of any amount of marijuana by making a Class B Misdemeanor.

Possession and use of marijuana is still illegal under federal law.

http://www.alaska.com/akcom/news/ala...-3817772c.html

overgrowray · #2 (**permalink**) 09-02-2003, 08:18 AM

good, i always wanted to move to alaska

overgrowray · #3 (**permalink**) 09-02-2003, 11:32 PM

yeah i've always heard it was very nice. My fathers talked about moving there a lot, i think someday he is going to run away from my mom and move there.

Buzz · #4 (**permalink**) 09-03-2003, 12:19 AM

Excellent news! I suspect that we'll see some more decisions like that in other mj friendly states. Even though the US Supreme Court isn't ready to endorse mj use, at least they recognized the privacy rights of adults @ home last session in Brown vs Texas (if I recall correctly), the gay rights landmark case.

Stand up for your rights!

PEACE

D9_THC · #5 (**permalink**) 09-05-2003, 01:51 AM

the beginning of all things to come.

hippie john · #6 (**permalink**) 09-05-2003, 09:12 AM

i'm confused, does that mean that it is legal? or it was legal and was made illegal agian?

bud stuffer · #7 (**permalink**) 09-07-2003, 05:07 PM

Quote:

Originally posted by hippie john
i'm confused, does that mean that it is legal? or it was legal and was made illegal agian?

it was legal, then in 1990 it was illegal, now its legal

Buzz · #8 (**permalink**) 09-08-2003, 04:27 AM

Quote:

Originally posted by bud stuffer
it was legal, then in 1990 it was illegal, now its legal

As I read it, you're right...as far as Alaska is concerned...However, the Feds have gotta be pissed that Alaska is giving them the finger on mj rights...I'm betting that the DEA will create a case to contest & strike down the Alasaka decision.....

It may still turn out well...with luck, logic & benevolence, the US Supreme Court could ultimately uphold the Alasaka ruling under the grounds of privacy.

I have a feeling that this'll be an interesting one to watch...

PEACE

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#1 (permalink) 09-02-2003, 07:29 AM
ReformMaryJaneLaws RMJL-Forum Administrator Join Date: Feb 2001 Posts: 21,740 Blog Entries: 8	Marijuana legal again in homes, Alaska court rules Marijuana legal again in homes, Alaska court rules Juneau Daily News Online (Published: August 29, 2003) Marijuana legal again for use by adults in their own homes in Alaska The Alaska Court of Appeals has re-legalized the use of marijuana by adults in private homes. The court handed down its decision Friday and directed state Attorney General Greg Renkes to review the case and make recommendations on how the state should proceed. The court heard the appeal by David S. Noy, who was convicted of possessing less than 8 ounces of marijuana in his home. Noy had appealed his conviction, arguing that he was convicted for engaging in conduct that is protected under the privacy provision of the Alaska State Constitution. The Appeals Court agreed that Noys' conduct was constitutionally protected. In its decision released Friday, the Court says Alaska citizens have the right to posses less than 4 ounces of marijuana in their home for personal use. The Appeals Court cited the Alaska Supreme Courts' Raven decision in 1975, that the state Constitution protects possession of marijuana by adults for personal use in one's own home. In 1990, Alaska voters approved a ballot proposition that re-criminalized the possession of any amount of marijuana by making a Class B Misdemeanor. Possession and use of marijuana is still illegal under federal law. http://www.alaska.com/akcom/news/ala...-3817772c.html __________________ Welcome to the City Grasscity Community - Forum Rules Grasscity Shop, Grasscity Shop FAQ and Grasscity Shop Support

#2 (permalink) 09-02-2003, 08:18 AM
overgrowray Thread Killa Join Date: Jan 2002 Location: Usa, N East Posts: 5,007	good, i always wanted to move to alaska __________________ You could never do what I do; Even if I became you You gotta let go of the envy; Cuz on your best day you'll never be me

#3 (permalink) 09-02-2003, 11:32 PM
overgrowray Thread Killa Join Date: Jan 2002 Location: Usa, N East Posts: 5,007	yeah i've always heard it was very nice. My fathers talked about moving there a lot, i think someday he is going to run away from my mom and move there. __________________ You could never do what I do; Even if I became you You gotta let go of the envy; Cuz on your best day you'll never be me

#4 (permalink) 09-03-2003, 12:19 AM
Buzz Hmmmmm Join Date: Jun 2003 Location: off course Posts: 706	Excellent news! I suspect that we'll see some more decisions like that in other mj friendly states. Even though the US Supreme Court isn't ready to endorse mj use, at least they recognized the privacy rights of adults @ home last session in Brown vs Texas (if I recall correctly), the gay rights landmark case. Stand up for your rights! PEACE __________________ What's in the darkness must be revealed to light. We're not here to judge good from bad, but to do the things that are right. Bob Marley

#5 (permalink) 09-05-2003, 01:51 AM
D9_THC Old School Stoner Join Date: Jul 2002 Location: Aldershot, Hampshire, UK Posts: 2,010	the beginning of all things to come. __________________ The anti-marijuana campaign is a cancerous tissue of lies, undermining law enforcement, aggravating the drug problem, depriving the sick of needed help, and suckering well-intentioned conservatives and countless fightened parents. -William F Buckley

#6 (permalink) 09-05-2003, 09:12 AM
hippie john Old School Stoner Join Date: Jun 2002 Location: Earth Posts: 3,822	i'm confused, does that mean that it is legal? or it was legal and was made illegal agian? __________________ Cheap Grow Supplies \|\|\| Grow Box Design Guide Save a tree, wipe your ass with a spotted owl.

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