Alaska Supremes Let Stand Ruling Protecting Pot Possession By Adults

[MicroBalrog]

Alaska Supremes Let Stand Ruling Protecting Pot Possession By Adults

September 16, 2004 - Anchorage, AK, USA

Anchorage, AK: The Alaska Supreme Court last week denied a petition by the state attorney general's office to reconsider a September 2003 Court of Appeals ruling finding that the possession of marijuana by adults within the home is constitutionally protected activity.

The court's decision further upheld the lower court's judgment striking down a successful 1990 voter initiative that sought to criminalize the possession of any amount of marijuana. A 2004 initiative measure seeking to remove all criminal and civil penalties on the use, possession, cultivation, or distribution of marijuana will appear on the ballot in November.

The Court of Appeals based its 2003 decision on a 1975 Alaska Supreme Court ruling (Ravin v. State) which held that the state's constitutional protections regarding a citizen's right to privacy protects the personal use and possession of up to four ounces of marijuana in one's home. Since the state's existing marijuana possession law (based on the 1990 recriminalzation measure) conflicts with Ravin, the law is unconstitutional, the court ruled.

Last week, the Alaska Court of Appeals ruled in a separate case that police cannot legally execute a search warrant in a person's home without probable cause that the person is in possession of more than four ounces of pot.

For more information, please contact NORML Executive Director Keith Stroup at (202) 483-5500.

updated: Sep 16, 2004

 

[Dead]

I take it that is a GOOD thing. I mean if you can smoke tobacco, and drink, why not smoke pot as well? It is also a very helpful drug in combatting the ill effects of cancer fighting drugs. (and who thought pot was only bad?)

Besides making it illegal doesnt stop anyone from getting it, actually it makes it EASIER to get than obtaining cigs, and beer for a lot "kids". I read that somewhere wish I could remember where.

 

[MicroBalrog]

I'd agree with a caveat: Each time they protect someone's freedom, they protect your freedom too.

 

[ConfinedbytheCurtain]

Pot is a joke, alcohol is far more damaging. The feds should spend their time more constructively

 

[stevelyn]

There is also a ballot initiative for the November election that calls for a Yes or No vote on regulating and taxing marijuana in Alaska. The Court's ruling may help in getting it passed.
I haven't read the wording as of yet. Hopefully it isn't cluttered with a bunch of garbage like the last one. The last time a marijuana intiative was on the ballot it included expungement of criminal records for marijuana cases and payment of reparations to those who were convicted of marijuana "offenses".
It failed. It failed because people like myself who otherwise don't care what people smoke in their homes wasn't about to pay reparations.

 

[kjm]

Seems like everybody in favor of legalizing pot has to quote all sorts of studies and facts like it helps cancer victims etc...

Why?

All you have to ask is where does the government derive its power to control what you injest? What specific article in the constitution gives it that power?

Nuff Said.