An Alaska appeals court has upheld citizens’ right to possess marijuana in their home, the Associated Press reports. The court reversed the conviction of a North Pole man on a pot charge. The state will ask the state supreme court to review the ruling, which questioned a 1990 voter initiative that criminalized possession of any amount of marijuana.
Calling the decision “regrettable,” Gov. Frank Murkowski said that “substance abuse is causing great harm to our rural society, specifically our young people.”
The defendant argued that a privacy provision in the Alaska Constitution made it legal to own marijuana. The appellate court reversed the conviction but upheld a 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.