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.