It was judicial activism that legalized marijuana, with the Alaskan Supreme Court finding that the right to privacy protected the possession of up to four ounces, by those 21 and over, at home.
Interesting that a constitutional right to privacy doesn't cover 5 ounces of marijuana or a small amount of cocaine, or any other drug for that matter. Amazing how the Alaskan Supreme Court was able to see that the state constitution only covered four ounces of marijuana.
This is what made the decision judicial activism and the law judicial legislation. And I'm sure that violating the Alaska constitution and thwarting the will of the people is OK with you since you agree with the outcome.
As long as they get what they want, judge made law is just fine with them.
And since the major 1990 vote there's been changes in opinion and "The People" are making changes using the political process.
Now what if your state's population voted for criminalization of more than 4 ounces of tobacco?
Smoking tobacco has been irrefutably proven to cause or been linked to many diseases.
Or more than 4 ounces of alcohol?
Alcohol abuse also been linked with disease, crime, and fatal accidents, not to mention the humiliating acts from intoxication.
Do the people have a right to pollute their lungs with tobacco smoke?
Do the people have a right to stress or injure their livers with alcohol use?
Or do the people merely granted the privilege to do so from their generous governments?