Alaska Court Denies State's Appeal Of Legal Pot Ruling

Discussion in 'Marijuana News' started by RMJL, Nov 21, 2003.

  1. Alaska Court Denies State's Appeal Of Legal Pot Ruling

    November 20, 2003 - Anchorage, AK, USA

    Anchorage, Alaska: The Alaska Court of Appeals last week rejected the state Attorney General's request to reconsider its August 29, 2003 ruling that adults may legally possess up to four ounces of marijuana within the privacy of their own home. The Appeals Court based its decision in that case on a 1975 state Supreme Court decision holding that the right to privacy in the state Constitution precludes any penalty against private use and possession of marijuana by adults. Their decision also struck down a 1990 state initiative that attempted to recriminalize marijuana, on the basis that the initiative-passed statute conflicts with the state Constitution.

    Alaska Attorney General Gregg Renke's told the Associated Press that he plans to appeal the case to the state Supreme Court, arguing that marijuana today is stronger, and arguably more harmful, than in 1975 when the Court initially made its ruling.

    NORML Executive Director Keith Stroup called the state's allegation absurd, noting that Article I, Section 22 of the Alaska Constitution, reads "The right of the people to privacy is recognized and shall not be infringed."

    "The minimal risks posed to society by the responsible adult use of marijuana in the privacy of one's home does not provide the state with legitimate reason to override the Constitution," Stroup said.

    For more details, contact NORML Legal Committee member William Bryson of Anchorage, Alaska at 907-276-8611 or Keith Stroup of NORML at 202-483-5500.

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