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STATE v. MALLAN

No. 15608.

950 P.2d 178 (1998)

86 Hawai'i 440

STATE of Hawaii, Respondent-Appellee, v. Lloyd MALLAN, Petitioner-Appellant.

Supreme Court of Hawai`i.

January 30, 1998.

Attorney(s) appearing for the Case

Linda C.R. Jameson, Deputy Public Defender, on the briefs, for petitioner-appellant.

Lori S. Nishimura, Deputy Prosecuting Attorney, on the briefs, for respondent-appellee.

Before MOON, C.J., and KLEIN, LEVINSON, NAKAYAMA and RAMIL, JJ.

RAMIL, Justice, with whom MOON, Chief Justice, joins.

We granted certiorari to review the memorandum opinion of the Intermediate Court of Appeals (ICA) filed on May 10, 1993. The central issue before us is whether the express right to privacy located in article I, section 6 of the Hawai`i Constitution1 encompasses a right to possess and use marijuana2 for recreational purposes. Because we believe that the right...

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