10/4/03 09:25 AM
Alaska :possession of four ounces... [Post#: 3058 ]
Alaska : (the law) must be interpreted to prohibit only the possession of four ounces(QUATRE ONCES pas 15 grammes et + ) or more of marijuana. The law also allows cultivation of marijuana for personal use. Fuck You former US Drug Czar Bill Bennett qui veut imposer sa loi au Canadiens...
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.
updated: Sep 11, 2003
Marijuana legal again in homes, Alaska court rules
Juneau Daily News Online
(Published: August 29, 2003) Marijuana legal again for use by adults in their own homes in Alaska The Alaska Court of Appeals has re-legalized the use of marijuana by adults in private homes.
The court handed down its decision Friday and directed state Attorney General Greg Renkes to review the case and make recommendations on how the state should proceed.
The court heard the appeal by David S. Noy, who was convicted of possessing less than 8 ounces of marijuana in his home.
Noy had appealed his conviction, arguing that he was convicted for engaging in conduct that is protected under the privacy provision of the Alaska State Constitution.
The Appeals Court agreed that Noys' conduct was constitutionally protected.
In its decision released Friday, the Court says Alaska citizens have the right to posses less than 4 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 1990, Alaska voters approved a ballot proposition that re-criminalized the possession of any amount of marijuana by making a Class B Misdemeanor.
Possession and use of marijuana is still illegal under federal law.
Voila l'exemple ÉU à suivre !