ANCHORAGE - The Alaska Court of Appeals ruled Friday that police cannot execute a search warrant in a person's home for possession of less than 4 ounces of marijuana.
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The opinion is the latest decision that has carved out protections for possessing marijuana in an Alaska home. The state Supreme Court in 1975 ruled that an adult's rights to limited marijuana possession was protected under the state constitution's privacy provisions. Last year, the Appeals Court defined that limit as 4 ounces.
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State prosecutors argued that the earlier decisions did not legalize marijuana possession in the home. Rather, the decisions created a defense that people can use when they are charged with possession. Marijuana possession is a criminal offense, and a warrant can be issued if there is probable cause to believe there is any marijuana in the home, prosecutors argued.
The court dismissed that argument, saying the earlier decisions defined a constitutional limitation to the government's ability to prohibit marijuana possession.
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