''Noy v. State'' is a case decided by the

Alaska Court of Appeals The Alaska Court of Appeals is an intermediate court of appeals for criminal cases in the State of Alaska's judicial department ( Alaska Court System), created in 1980 by the Alaska Legislature as an additional appellate court to lessen the burden ...

in 2003. David S. Noy was convicted of possessing less than eight ounces of marijuana by a jury. However, in 1975, the Alaska Supreme Court ruled in ''

Ravin v. State ''Ravin v. State'', 537 P.2d 494 (Ak. 1975), was a unanimous decision by the Alaska Supreme Court. Decided on May 27, 1975, the Court held that the Constitution of Alaska, Alaska Constitution's right to privacy protects an adult's ability to use a ...

'' that possessing less than four ounces of marijuana in one's home is protected by the

Alaska Constitution The Constitution of the State of Alaska was ratified on April 4, 1956 and took effect with Alaska's admission to the United States as a U.S. state on January 3, 1959. History and background The statehood movement In the 1940s, the movement for ...

's privacy clause. The amount possessed being over four ounces was highly in question on appeal. Thus, the Alaska Court of Appeals overturned Noy's conviction and struck down the part of the law criminalizing possession of less than four ounces of marijuana.

Background

David S. Noy, a resident of

North Pole, Alaska North Pole is a small city in the Fairbanks North Star Borough, Alaska, United States. Incorporated in 1953, it is part of the Fairbanks metropolitan statistical area. As of the 2020 census, the city had a population of 2,243, up from 2,117 i ...

, was contacted by the North Pole Police Department at his home and was told the police smelled growing marijuana. The police searched Noy's home and found approximately eleven ounces of marijuana. He was charged of possession of more than eight ounces of marijuana. However, a jury convicted Noy of possessing less than eight ounces of marijuana based on the presented evidence. Noy appealed the conviction, citing the Alaska Supreme Court case of ''

''. Alaska initially followed ''Ravin'', by decriminalizing less than four ounces of in-home possession in 1975. However, in 1990 a successful ballot measure re-criminalized marijuana. This law was the basis for Noy's conviction.

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."

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.

References

{{Cannabis in Alaska Alaska state case law Cannabis law in Alaska Drug control case law 2003 in United States case law 2003 in Alaska 2003 in cannabis Law articles needing an infobox North Pole, Alaska