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Alaska Appeals Court Refuses to Overturn Law Allowing Personal Pot Possession

The Alaska Court of Appeals last week refused to overturn a decision allowing possession of marijuana for personal use:

The Alaska Court of Appeals has rejected a request by the state to reconsider a decision allowing adults to possess small amounts of marijuana for personal use.

In a ruling Friday, the court 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.

The state now will seek review by the Alaska Supreme Court. Among the grounds: pot is more potent today than it was when the law was enacted.

The ultimate goal, Guaneli said, is for the state to be able to prove to a court that marijuana is stronger and is causing more harm in Alaska than back when the 1975 Ravin decision came out. Then the state might be able to show it has a strong enough interest in making it illegal to override the constitutional questions.

For background on this legal fight, go here. [hat tip: Jacob Sullum at Reason]

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