AK Attorney General Announces Intent To Petition Supreme Court In Noy Decision
August 30, 2003
The court heard the appeal by David S. Noy, who was convicted of possessing less than eight ounces of marijuana in his home. Noy had appealed his conviction arguing that he
In the decision released Friday, the Appeals Court said Alaska citizens have the right to posses less than four 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 response to Friday's Court of Appeals' decision Noy v. State, Alaska Attorney General Gregg Renkes announced that although the opinion clarifies the law on marijuana, some of the court's language is too broad. The state will petition the Alaska Supreme Court for review.
"We are seeking further
court review of the constitutional issues raised by the court
of appeals," the Attorney General said.
Governor Frank H. Murkowski reacted to Friday's decision of the Alaska court of appeals re-legalizing the use of marijuana in private homes by directing the Attorney General to review the case and make recommendations on how the state should proceed.
"I am very concerned about this, as are many Alaskans," Murkowski said.
"Substance abuse continues to have a devastating impact on the people of Alaska and on our communities," Murkowski said. "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." In 1990, Alaska voters approved a ballot proposition that re-criminalized the possession of any amount of marijuana by making a Class B Misdemeanor.
"The flow of marijuana, along with alcohol and other drugs, continues into our rural villages. Coincidentally, I have just received a report from the Department of Public Safety regarding the interdiction of drugs and alcohol being sent through the mail to rural villages, and, unfortunately, the incidence remains very high. Substance abuse is causing great harm to our rural society, specifically our young people.
"Alaskans who use marijuana
should remember that its use or possession remains illegal under
federal law," Murkowski said. "And parents who use
marijuana should think about the example they set for their children."
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