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Alaska Pot Possession Law Held Unenforceable as to Personal Use in Home

By TChris, Section Civil Liberties
Posted on Wed Jul 12, 2006 at 11:02:08 AM EST
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by TChris

In 1975, the Alaska Supreme Court ruled that Alaskans have a right to privacy in their own homes that is violated by laws criminalizing the possession of small amounts of marijuana for personal use within the home. The state legislature attempted to reinstate a broad marijuana possession prohibition, but a superior court judge struck down the law, ruling this week that criminalizing the possession of less than an ounce of marijuana for personal use within a home was contrary to the state supreme court's precedent.

The state Department of Law argued that new findings of marijuana's increased potency since the 1975 decision justify reconsidering the issue.

The court essentially held that the Department of Law's attempt to demonize "potent" marijuana should be taken to the state supreme court. The superior court's decision is here (pdf). The ACLU of Alaska brought the challenge to the new law; its press release announcing the result is here.

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    Alaska Pot Possession Law Held Unenforceable as to Personal Use in Home | 4 comments (4 topical)
    Re: Alaska Pot Possession Law Held Unenforceable a (none / 0) (#1)
    by Aaron on Wed Jul 12, 2006 at 02:35:29 PM EST
    In this regard Alaska is perhaps the most civilized state in the union. The only thing that increasing the potency of marijuana has done is require smokers to smoke less of it to achieve the desired effect. Remember the study that was posted here about marijuana consumption not increasing your risk of cancer. When are the people in the establishment going to recognize the ganja is good for you. All we need to do is get the Republicans to try some good kind bud, and they'll give up their single malt Scotch for ever. If more presidents got stoned we'd have far fewer wars. I urge all soldiers wherever they are in the world to put down their guns and pick up a doobie. I promise you'll feel much better about yourself, and the worst atrocity you'll commit is killing a box of cookies.

    Re: Alaska Pot Possession Law Held Unenforceable a (none / 0) (#2)
    by Sailor on Wed Jul 12, 2006 at 03:10:50 PM EST
    If more presidents got stoned we'd have far fewer wars.
    I have to admit that if they got stoned instead of drunk they'd be more likely to go looking for a hershey bar than a fight;-)

    Re: Alaska Pot Possession Law Held Unenforceable a (none / 0) (#3)
    by kdog on Wed Jul 12, 2006 at 03:29:40 PM EST
    In this regard Alaska is perhaps the most civilized state in the union.
    Thanks to their SC. Their legislature has proven to be as uncivilized as the feds...wasting time on trying to regain the power to harass the citizenry in their homes. And the House is after internet gaming. What a mindf*ck. You'd think all the real problems are solved.

    Re: Alaska Pot Possession Law Held Unenforceable a (none / 0) (#4)
    by scarshapedstar on Wed Jul 12, 2006 at 04:16:43 PM EST
    What a mindf*ck. You'd think all the real problems are solved.
    When half of Florida is washed away by the rising seas, a Republican will declare war on gay marriage. When the number of AIDS patients worldwide tops one billion, a Republican will blame the lack of school prayer. When we pump our very last drop of oil from the Strategic Petroleum Reserve, a Republican will insist that we hand it to the DEA so that they can use it to safely incinerate a harmless plant. Ever stop and wonder how great this country could have been?

    Alaska Pot Possession Law Held Unenforceable as to Personal Use in Home | 4 comments (4 topical)