Pubdate: Sun, 31 Aug 2003
Source: Juneau Empire (AK)
Copyright: 2003 Southeastern Newspaper Corp
Contact:  http://www.juneauempire.com/
Details: http://www.mapinc.org/media/549
Author: Mike Chambers
Bookmark: http://www.mapinc.org/pot.htm (Cannabis)
Bookmark: http://www.mapinc.org/decrim.htm (Decrim/Legalization)

COURT - SOME MARIJUANA IN HOME IS LEGAL

AG Says State Will Take Issue To The Alaska Supreme Court

JUNEAU (AP) -- A state appellate court has affirmed the right of Alaskans 
to possess a small amount of marijuana in their home in a ruling handed 
down Friday.

The state Court of Appeals, in a unanimous ruling, reversed a 2001 
conviction of a North Pole man found with marijuana in his home, and 
ordered a new trial.

The state will petition the Alaska Supreme Court for review, Attorney 
General Gregg Renkes said in a statement Friday.

"We are seeking further court review of the constitutional issues raised by 
the court of appeals," Renkes said.

In striking down the conviction of David S. Noy, the court called into 
question a 1990 voter initiative that criminalized possession of any amount 
of marijuana.

The ruling drew an immediate reaction from Republican Gov. Frank Murkowski, 
who called it "regrettable."

"Substance abuse is causing great harm to our rural society, specifically 
our young people," Murkowski said in a statement.

"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."

North Pole police arrested Noy on July 27, 2001, after a search of his home 
turned up five live pot plants, growing equipment and other paraphernalia.

A jury convicted Noy of one count of sixth-degree misconduct involving a 
controlled substance, a misdemeanor charge of possessing less than eight 
ounces of marijuana.

Noy argued that a privacy provision in the Alaska Constitution made it 
legal to own the marijuana. The appellate court reversed the conviction but 
upheld a state drug-dealer law making it illegal to possess more than four 
ounces of marijuana in a 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. State 
prosecutors could retry Noy for possession of a greater quantity, Stewart said.

"It's a tremendous victory for civil liberties and personal privacy 
rights," said Howard Scaman, of the pro-marijuana group STRAIGHT. "This 
could be the bellwether case for the rest of the country."

The ruling affirms a controversial 1975 Alaska Supreme Court decision that 
allowed Alaskans to possess marijuana in their home only for personal use. 
The Legislature deemed possession of more than four ounces proof that a 
resident is dealing drugs.

The appellate court ruling left that prohibition in place.
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