COURT AFFIRMS RIGHT TO POSSESS POT

RULING: Alaskans Can Have A Small Amount Of Marijuana In Their Homes;
State Vows High Court Review

JUNEAU -- In a ruling handed down Friday, a state appellate court has
affirmed the right of Alaskans to possess a small amount of marijuana
in their homes.

The state Court of Appeals, in a unanimous ruling, reversed a 2001
conviction of a North Pole man found with marijuana in his home and
ordered a new trial.

In striking down the conviction of David S. Noy, the court called into
question a 1990 voter initiative that criminalized possession of any
amount of marijuana.

The ruling drew an immediate reaction from Republican Gov. Frank
Murkowski, who called it "regrettable." Attorney General Gregg Renkes
also vowed to seek a state Supreme Court review.

"Substance abuse is causing great harm to our rural society,
specifically our young people," Murkowski said in a statement.

North Pole police arrested Noy on July 27, 2001, after a search of his
home turned up five live pot plants, growing equipment and other
paraphernalia.

A jury convicted Noy of one count of sixth-degree misconduct involving
a controlled substance, a misdemeanor charge of possessing less than
eight ounces of marijuana.

Noy argued that a privacy provision in the Alaska Constitution made it
legal to own the marijuana. The appellate court reversed the
conviction but upheld a state drug-dealer law making it illegal to
possess more than four ounces of marijuana in a home.

"Alaska citizens have a right to possess less than four ounces of
marijuana in their home for personal use," Appeals Judge David Stewart
said. State prosecutors could retry Noy for possession of a greater
quantity, Stewart said.

"It's a tremendous victory for civil liberties and personal privacy
rights," said Howard Scaman of the pro-marijuana group STRAIGHT. "This
could be the bellwether case for the rest of the country."

The ruling affirms a controversial 1975 Alaska Supreme Court decision
that allowed Alaskans to possess marijuana in their homes only for
personal use. The Legislature deemed possession of more than four
ounces proof that a resident is dealing drugs.

The appellate court ruling left that prohibition in place.