Court denies personal pot appeal Decision shoots down state; earlier personal use ruling stands.

Anchorage Daily News ^ | November 15, 2003 | SEAN COCKERHAM

[PaxMacian]

JUNEAU -- The Alaska Court of Appeals has refused to reconsider a case in which it ruled that adults have the right to have marijuana in their homes for personal use.

The state appeals court on Friday afternoon denied Alaska Attorney General Gregg Renkes' petition for a rehearing in the case of David Noy, a North Pole man who was arrested in 2001 after he was found with marijuana in his home. Renkes said that the next step is to ask the Alaska Supreme Court take up the case.

[PaxMacian]

Shouldn't privacy be a right of ALL Americans? Isn't the right to privacy a natural right which is supported by the Constitution's prohibition against unreasonable searches and seizures?

[PaxMacian]

*Wod_list

[SubMareener]

Not to worry! I am sure the Supreme Court of the United States will find that the State has no compelling interest in your activities if you bugger your buddy, in your bedroom, while you smoke pot.

[laredo44]

I am sure the Supreme Court of the United States will find that the State has no compelling interest in your activities if you bugger your buddy, in your bedroom, while you smoke pot.

You, on the other hand, do?

[PaxMacian]

Buggering buddies is an abomination which comes from your imagination, not my reality. I can tell it pleased you to post such an advertisement for such activity.
However, herb is a gift from God.

"Can the liberties of a nation be thought secure when we have removed their only firm basis, a conviction in the minds of the people that these liberties are of the gift of God?" --Thomas Jefferson: Notes on Virginia, 1782.

GOD MADE HERB
GOD SAW THAT IT WAS GOOD
GOD GAVE IT TO MAN

Genesis 1:11
Then God said, "Let the earth bring forth grass, the herb that yields seed, and the fruit tree that yields fruit according to its kind, whose seed is in itself, on the earth"; and it was so.

Genesis 1:12
And the earth brought forth grass, the herb that yields seed according to its kind, and the tree that yields fruit, whose seed is in itself according to its kind. And God saw that it was good.

Genesis 1:29
And God said, "See, I have given you every herb that yields seed which is on the face of all the earth, and every tree whose fruit yields seed; to you it shall be for food.

It is simply ignorance to believe that this herb is just a weed to be eradicated when its seed contains the most complete and absorbable combination of amino acids required by the human body for sustenance of any plant on the face of Earth. It is simply fascist to persist in foisting a false belief upon us that this herb given by God to man and beast alike at the beginning of time is permissibly eradicable or controllable by the federal government through powers rooted in the interstate commerce clause of the Constitution. Though, there exists no means to devise a logical explanation of how this could be true. Particularly since it has grown freely almost everywhere, including here long before our nation was formed from the beginning of time. Moreover, in the light of the rest of the Constitution any such perceived mandate is exposed as a dangerous delusion of grandeur amounting to the deification of the state.

[elmer fudd]

While I am anti-WOD and support the legalization of all drugs across the board, I'm not sure this is good law. First off when I read the constitution the federal government has no right to control drugs. The feds powers are spelled out very clearly and drug prohibition isn't among them. States on the other hand do have the right to control drugs if they so wish and apparently the people of Alaska have voted to do so.

Now I'm not a scholar of the Alaska atate constitution, but it seems to me like a stretch to conclude that any right to privacy would give you a right to keep a contraban substance. Sure, it could protect you from unreasonable searches for that substance or from prosecution in the event of an illegal search, but to conclude that a right to privacy allows you to keep up to four ounces of pot is ridiculous. Is it somehow more private to have four ounces in your house than five?

If Alaskans want legalized pot they should vote for it and not try to twist the law to allow it. It's repugnant when the law is twisted to allow things like asset forfeiture and it's also repugnant in this case.