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USATODAY.com - Marijuana ban unconstitutional, Alaska appeals court says:
"JUNEAU, Alaska (AP) � A law banning Alaskans from possessing any amount of marijuana in their homes has been ruled unconstitutional by a state appeals court Friday.
Friday's decision by the Alaska Court of Appeals reversed the 2001 drug conviction of a North Pole man and ordered a new trial.
The ruling affirms a 1975 Alaska Supreme Court decision that found it legal to possess less than four ounces of marijuana in one's home. That ruling found that the state constitution's strong privacy law superseded legislative attempts to ban marijuana.
Alaska voters approved a law in 1990 that criminalized the possession of any amount of drug in any location. That law had gone unchallenged until David Noy appealed his conviction on a count of sixth-degree misconduct involving a controlled substance. A search of Noy's home had turned up five live pot plants, growing equipment and other paraphernalia.
Attorney General Gregg Renkes has said he will petition the state Supreme Court for a review. Republican Gov. Frank Murkowski called the court's ruling 'regrettable.' "
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