Lets move to alaska

Legal To Possess Four Ounces of Marijuana in Alaska, Court Says
Decision Voids Recriminalization Initiative Approved in 1990

September 11, 2003 - Anchorage, AK, USA



Anchorage, Alaska: In a decision released on August 29, the Alaska Court of Appeals has upheld a 1975 state Supreme Court decision holding that the right to privacy in the state Constitution precludes any penalty against private use and possession of marijuana by adults. The decision also struck down a 1990 state initiative that attempted to recriminalize marijuana, on the basis that the initiative-passed statute conflicts with the state Constitution.

"With regard to possession of marijuana by adults in their homes for personal use, (the law) must be interpreted to prohibit only the possession of four ounces or more of marijuana," wrote Court of Appeals Judge David Stewart in the unanimous decision. The law also allows cultivation of marijuana for personal use.

The decision was handed down in the case of David Noy, 41, who was arrested for smoking marijuana at his home in North Pole, AK during a barbecue with friends.

The 1975 decision in Ravin v. State of Alaska held that Article I, Section 22 of the Alaska Constitution, which reads "The right of the people to privacy is recognized and shall not be infringed.," protects the personal use of marijuana in one's home. A few years later, in 1982, the legislature set a four-ounce limit on personal use. Then in 1990, in an effort led by former US Drug Czar Bill Bennett, a statewide initiative was approved by a small margin (51% approved) which sought to reestablish criminal penalties for possession or use of any amount of marijuana.

For years, defense attorneys in Alaska have been successfully getting personal use cases dismissed by raising the constitutional issue, and the government has generally failed to appeal the dismissals, to avoid establishing precedent they might not like. The Noy case is the first to reach the Appeals Court level, and it will likely be appealed to the Alaska Supreme Court.

Attorney Bill Satterberg, who represented Noy in the matter, said it had basically taken 13 years to get the right case before the appeals court to challenge the 1990 voter initiative. "I think the state, from their perspective, made a very bad decision in prosecuting a case that probably should have been dismissed."

For more details, contact NORML Legal Committee member William Bryson in Anchorage, Alaska at 907-276-8611 or Keith Stroup of NORML at 202-483-5500.

LETS ALL MOVE THERE :D

That is awesome. Hopefully since that happened in one US state there could be possibilities that other ones could eventually come to this even though that is probably just wishful thinking. Lets all keep praying though. :)