SMOKER'S KITCHEN NO PLACE FOR POLICE

A couple years ago David Noy was smoking some fish at his house in North
Pole. Or rather he was grilling some salmon and smoking some herb in a
recipe that was detectable if not delectable to the local police, and he
got busted. Not for the barbecue -- for the pot.

David Noy was convicted of sixth degree misconduct involving a controlled
substance -- a misdemeanor -- possessing an amount of marijuana that is
statutorily defined as for personal use. He had pot plants in his house and
the things to make them grow and the stuff to smoke 'em when they did.

In most states, that makes a pretty cut-and-dried case. But this is, after
all, Alaska, where we don't give a damn how they do it Outside. Or didn't.

In the 1975 Ravin Decision, the Alaska Supreme Court determined that the
privacy clause of the Alaska Constitution outweighed any public safety
considerations restricting an adult's personal use of marijuana in his home.

Until 1990, David Noy was constitutionally protected in his right to burn
vegetables along with his salmon steaks.

Then Frank Murkowski and some other opportunists saw a chance to blow smoke
and show off with drug czar William Bennett. A citizens' initiative
criminalized pot. At the same time, Wally Hickel turned into Alaska's
governor with less votes than dope got.

The initiative raised an interesting question. Can citizens by mere
majority vote change the state's constitution as interpreted by its highest
court?

If so, any number of protected rights might be outlawed. That's called
Tyranny of the Majority -- just because you can get 50.1 percent of voters
to agree to something doesn't make it right. Or legal.

In 1993, Judge Michael Thompson ruled in the First Judicial District that
the 1990 law against marijuana violated the state constitution. Earlier
this year, Superior Court Judge Richard Savell dismissed a personal-use
growing and possession conviction, citing Alaskan's constitutional right to
privacy.

Now Noy's noise -- he appealed his conviction, saying voters can't abridge
constitutional rights -- made the Alaska Court of Appeals listen. And
agree. "Alaska citizens have a right to possess less than four ounces of
marijuana in their home for personal use," wrote Appeals Judge David
Stewart. So next, the state wants to ask the Alaska Supreme Court to review
the unanimous appellate ruling.

If the Supremes back up Judge Stewart et al, who's going to be mad?

William Bennett for starters, but since Bill recently copped to
compulsively gambling away $8 million, that's just the kettle calling the
pot black. Mr. Bookie of Virtues thinks it's OK for him to gamble because
the Catholic Church doesn't consider it a sin. But Rastafarians think much
the same about smoking The Sacrament because their church considers
marijuana a salvation.

Remember those ads that came out after Sept. 11, 2001, saying that people
who bought drugs supported terrorists? David Noy grew his own. His pot
plants constituted a modern-day Victory Garden, a homefront effort in the
War on Terrorism. He can't be accused of supporting organized crime. Can
Bill Bennett, who gambled in Las Vegas and Atlantic City, places with
reputed mob connections, say the same?

Who else is going to be ticked off if Alaska goes supremely green?

Well, true blue U.S. Attorney General John Ashcroft would see red. But
then, Alaska would have plenty of company. At last count about 150 local
and state governments had passed resolutions against Ashcroft's Patriot
Act. That includes the city of Anchorage and the state of Alaska. Even Sen.
Lisa Murkowski recently introduced a bill to modify the Patriot Act by
"protecting the individual rights of Americans".

Alaska used to lead the country in preserving privacy. Now it's time to
catch up. The Supreme Court of the United States recently told Texas and
other like-minded states to stay out of people's bedrooms. Noy just wants
the cops out of his kitchen.

Sure, Alaska voters need to clean house. But there are bigger fish to fry
than small fry smokin' pot.

Writer Geo Beach is a commentator for National Public Radio and an essayist
for TomPaine.com.