Noy v. State
Noy v. State is a case decided by the
Background
David S. Noy, a resident of
Appeal
On August 29, 2003, the Alaska Court of Appeals reversed Noy's conviction. They cited the Alaska Supreme Court's decision in Ravin and ruled unconstitutional the part of the law criminalizing possession of more than four ounces of marijuana in one's home. The unanimous three-judge panel concluded their ruling by stating, "To make AS 11.71.060(a)(1) consistent with article I, section 22 of the Alaska Constitution as interpreted in Ravin, we must limit the scope of the statute. As currently written, the statute prohibits possession of any amount of marijuana. But with regard to possession of marijuana by adults in their home for personal use, AS 11.71.060(a)(1) must be interpreted to prohibit only the possession of four ounces or more of marijuana."[3]
Aftermath
Noy remains only the second case in the United States to hold possession of marijuana is protected by a state constitution, following the precedent of Ravin. In 2006, the Alaska Legislature re-criminalized the possession of more than one ounce of marijuana in one's home. Voters sued about this statute, but in April 2009 the Alaska Supreme Court ruled they must await an actual prosecution before they were allowed to rule on the constitutionality of the law. In November 2014, Alaska voters legalized the possession, taxation, and regulation of marijuana sales. This ballot measure effectively reaffirms the holding of both Ravin and Noy, and voids the 2006 statute by the Alaska Legislature.[4]
References
- ^ "Alaska Court Upholds Privacy Right to Smoke Marijuana in the Home". www.cognitiveliberty.org. Archived from the original on September 7, 2003.
- ^ http://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=1343&context=alr [bare URL PDF]
- ^ "NOY v. STATE". Findlaw.
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