August 30, 2003
Saturday - 12:30 am

Alaska - The Alaska Court of Appeals has re-legalized the use of marijuana by adults in private homes handing down their decision Friday. State Attorney General Greg Renkes was directed to review the case and to make recommendations on how the state should proceed.

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

"Alaskans who use marijuana should remember that its use or possession remains illegal under federal law."... "And parents who use marijuana should think about the example they set for their children." Gov. Murkowski

was convicted for engaging in conduct that is protected under the privacy provision of the Alaska State Constitution and the Appeals Court agreed that Noy's conduct was constitutionally protected.

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.

The court upheld most of the state's marijuana laws, including private home possession of four or more ounces. Previous appellate decisions only dealt with eight or more ounces in the home. The court also clarified that marijuana users are not allowed to claim a medical need for marijuana unless they comply with the medical marijuana law by becoming approved, registered users. Because the court agreed with the state that the trial judge improperly instructed the jury on how to determine the weight of harvested marijuana, the state will be permitted to bring Noy to trial again.

"The court was correct on all these points," the Attorney General stated, "but some of the court's language goes too far by drawing into question the constitutionality of the current law which makes possession of marijuana in the home illegal."

The Attorney General went on to state that "Although the court's opinion talks about the famous case Ravin v. State, there is nothing about Mr. Noy's case that involves the right to privacy. The court of appeals acknowledged that he was caught with nearly three-quarters of a pound of marijuana, and it was only because of a legal mistake by the trial judge that Noy was able to claim that he possessed less than that."

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."

Sources of News:

Office of the Governor
Web Site

Alaska Department of Law
Web Site

Noy vs State
OPINION

 

Post a Comment -------View Comments

Submit an Opinion - Letter

Sitnews
Stories In The News
Ketchikan, Alaska