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Marijuana legal again in homes, Alaska court rules

Discussion in 'Legalization and Activism' started by RMJL, Sep 2, 2003.

  1. 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/alaska/southeast/story/3791981p-3817772c.html
     
  2. good, i always wanted to move to alaska
     
  3. 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.
     
  4. 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
     
  5. the beginning of all things to come.
     
  6. i'm confused, does that mean that it is legal? or it was legal and was made illegal agian?
     

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

  8. 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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