COURT - SOME MARIJUANA IN HOME IS LEGAL

AG Says State Will Take Issue To The Alaska Supreme Court

JUNEAU (AP) -- A state appellate court has affirmed the right of Alaskans
to possess a small amount of marijuana in their home in a ruling handed
down Friday.

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.

The state will petition the Alaska Supreme Court for review, Attorney
General Gregg Renkes said in a statement Friday.

"We are seeking further court review of the constitutional issues raised by
the court of appeals," Renkes said.

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."

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

"It is regrettable that the court of appeals has, in essence, rejected the
will of the people of Alaska who re-criminalized the use of marijuana in a
1990 initiative."

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," said Appeals Judge David Stewart. 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 home 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.