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Re: Alaska Supreme Court chooses privacy over pot

by "abdi" <abdi@[EMAIL PROTECTED] > Sep 16, 2004 at 12:21 AM

Ashcroft would not allow that. That is anti Christ Lets cover all the women
(I know Osama does that too, but Ashcroft has Christ on his side).

-- 
abdi ---- Quae Comque Sunt Vera
"Jodi" <hellofromjodi@[EMAIL PROTECTED]
> wrote in message
news:10kfnlg884q3456@[EMAIL PROTECTED]
> Thought this was interesting:
>
> http://www.news-miner.com/Stories/0,1413,113~7244~2400558,00.html
>
> Court chooses privacy over pot
>
> By BETH IPSEN, Staff Writer
>
> The Alaska Supreme Court denied on Thursday a petition by the state
attorney
> general's office seeking reconsideration of a decision allowing personal
> marijuana in the home.
> The Supreme Court upheld last year's Court of Appeal unanimous ruling in
Noy
> v. State of Alaska that solidified the argument a person's
constitutional
> right to privacy is greater than a voter initiative making marijuana
> illegal.
>
> The Court of Appeals decision was based largely upon a controversial
1975
> Alaska Supreme Court opinion handed down in Ravin v. State allowing
adults
> to possess marijuana for personal use in their home.
>
> In 1990, voters passed an initiative on a 55 to 44 percent tally making
it
> illegal to possess any amount of marijuana, but last year the appeals
court
> not only ruled voters didn't have the authority to change the state
> constitution, but defined 4 ounces or less of marijuana as permissible
for
> personal use at home.
>
> "Noy basically restored Ravin and reaffirmed the right to privacy," said
> attorney Bill Satterberg, who filed the appeal. "People don't realize
the
> purpose of the court is to protect the minority from the tyranny of the
> majority."
>
> The ruling closes a case that began when North Pole police and drug
agents
> arrested David Noy at his Parkway Road house July 27, 2001.
>
> A North Pole police officer contended he detected the smell of marijuana
> emitting from Noy's house while Noy and a group of people were outside
> barbecuing salmon. Law enforcement searched the residence and found five
> live pot plants, growing equipment, some loose marijuana and
paraphernalia,
> according to court do***ents.
>
> A jury convicted Noy of misdemeanor sixth-degree misconduct involving a
> controlled substance and Satterberg appealed the conviction, paving the
way
> to proving Alaska has some of the most liberal marijuana laws and
strongest
> right to privacy sentiments in the nation.
>
> "I'm certainly encouraged that we've recognized we're dealing with
> constitutional right regardless of your personal preferences,"
Satterberg
> said. "I'm glad to see the court not suc***b to political pressure."
>
> But that may be the next step Attorney General Gregg Renkes takes.
>
> "We're not giving up," Renkes said.
>
> He'll be taking his case to the legislature where he'll try to prove
> marijuana is a harmful enough drug to warrant amending the constitution.
>
> "The state has been denied an op****tunity to present a record of the
> harmfulness of marijuana," Renkes said. "The exception of privacy at
home
> does not extend to cocaine because the state has proven it's harmful. It
> outweighs the right to privacy."
>
> Renkes said marijuana has an increased potency compared to almost 30
years
> ago when the Ravin case was decided, making it more addictive and more
> susceptible to be an avenue to harder drugs such as cocaine and
> methamphetamines--highly addictive drugs that in many cases produce
extreme,
> violent behavior.
>
> "I'm really appalled that it appears some people are still fighting the
> culture war of the 1970s," he said.
>
> He's also disappointed the Supreme Court took eight months to decide and
> didn't give an explanation why he won't get the chance to prove his case
in
> court when it issued its brief denial.
>
> "To me it's all about the kids and what kind of message we're sending to
our
> kids," Renkes said.
>
> Last year's appeals court decision also gave numerous defendants and
lawyers
> another case to cite besides the Ravin case when fighting to dismiss
drug
> charges.
>
> It has already been used in a Homer man's argument his home was
illegally
> searched just because law enforcement detected the smell of marijuana
coming
> from his house.
>
> Leo Crocker Jr. argued his home should have not been searched because
police
> couldn't adequately prove he had more than the amount allowed for
personal
> use--4 ounces--in his home when they served a warrant and discovered a
grow
> operation.
>
> The felony drug charges of against Crocker were dropped when the court
> decided to suppress the evidence obtained with the search warrant.
>
> The appeals court upheld the court's decision Aug. 27, but Renkes
foresees
> asking the supreme court to take a look at this ruing as well.
>
> "It virtually prohibits us from getting search warrants to investigate
> marijuana home-growing cases," Renkes said. "The court's saying we have
to
> have evidence to the amount of marijuana in the operation."
>
> It may be a moot point if voters pass a ballot initiative Nov. 2 making
it
> legal for adults over the age of 21 to possess marijuana whether for
> consumption or distribution.
>
> This initiative, according to its chief architect Tim Hinterberger, is a
> more streamlined version of one that was defeated in 2000.
>
> "This initiative specially calls on legislature to regulate marijuana
like
> alcohol," said Hinterberger, an associate professor of the biomedical
> program at the University of Alaska Anchorage.
>
> The Cannabis Decriminalization and Regulation Act opens the door for
> legislature to levy taxes and potentially providing revenue for the
state,
> Hinterberger said.
>
> "Alaska clearly has values of independence and responsibility and
fairness
> that are different than the rest of the country," he said. "Clearly
> marijuana prohibition doesn't work, everyone knows that and it's time to
try
> and find a different way."
>
> Renkes said if Ballot Initiative No. 2 p*****, it sends the wrong
message
to
> residents and specifically children in a state that already has a high
rate
> of substance abuse.
>
> "In a state that has the highest addiction rates in the country and
spends
> more money in the country on drug prevention," Renkes said, "The last
thing
> Alaskans can afford is permissive drug use."
>
>
>
 




 13 Posts in Topic:
Alaska Supreme Court chooses privacy over pot
"Jodi" <hell  2004-09-14 23:21:33 
Re: Alaska Supreme Court chooses privacy over pot
"abdi" <abdi  2004-09-16 00:21:40 
Re: Alaska Supreme Court chooses privacy over pot
"Gutbuster" <  2004-09-16 22:37:54 
Re: Alaska Supreme Court chooses privacy over pot
"Jodi" <hell  2004-09-16 08:01:24 
Re: Alaska Supreme Court chooses privacy over pot
rosedawn_scott@[EMAIL PRO  2004-09-17 08:49:24 
Re: Alaska Supreme Court chooses privacy over pot
"Rob Duncan" &l  2004-09-18 17:53:53 
Re: Alaska Supreme Court chooses privacy over pot
rosedawn_scott@[EMAIL PRO  2004-09-17 08:27:29 
Re: Alaska Supreme Court chooses privacy over pot
rosedawn_scott@[EMAIL PRO  2004-09-16 07:46:29 
Re: Alaska Supreme Court chooses privacy over pot
"Jodi" <hell  2004-09-16 08:51:08 
Re: Alaska Supreme Court chooses privacy over pot
rosedawn_scott@[EMAIL PRO  2004-09-17 09:48:19 
Re: Alaska Supreme Court chooses privacy over pot
"Jodi" <hell  2004-09-18 00:54:03 
Re: Alaska Supreme Court chooses privacy over pot
"Rob Duncan" &l  2004-09-16 13:31:27 
Re: Alaska Supreme Court chooses privacy over pot
rosedawn_scott@[EMAIL PRO  2004-09-20 08:21:18 

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tan12V112 Wed Aug 27 22:50:15 CDT 2008.