Alaska Supreme Court Upholds Marijuana Use at Home

The Alaska Supreme Court rejected a petition from the state attorney general seeking greater power to enforce the state's marijuana laws in private homes, the Fairbanks Daily News-Miner reported Sept. 14.

The Supreme Court upheld a ruling made last year by the Court of Appeal, which determined that a person's right to privacy takes precedence over a ballot initiative making personal use of marijuana illegal.

In 1990, voters in Alaska approved a ballot initiative making possession of any amount of marijuana illegal. However, last year the Court of Appeals ruled that the authority to change the state constitution didn't rest with voters. The court also validated a law granting adults the right to keep 4 ounces or less of marijuana for personal use at home.

The state Supreme Court ruling was made in the case of David Noy, who was arrested in his home by North Pole police and drug agents. The police said the smell of marijuana was coming from Noy's home. A search of the house turned up five live marijuana plants, growing equipment, some loose marijuana, and drug paraphernalia.

Noy was convicted of misdemeanor sixth-degree misconduct involving a controlled substance.

"I'm certainly encouraged that we've recognized we're dealing with constitutional right regardless of your personal preferences," said attorney Bill Satterberg, who filed the appeal for Noy. "I'm glad to see the court not succumb to political pressure."

Attorney General Gregg Renkes plans to take the case to the state legislature to have the constitution amended to make marijuana illegal.

"The state has been denied an opportunity to present a record of the harmfulness of marijuana," Renkes said. "The exception of privacy at home does not extend to cocaine because the state has proven it's harmful. It outweighs the right to privacy."
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Last Updated: Tuesday, September 21, 2004 2:57 PM