STATE v. AMERICAN CIVIL LIBERTIES UNION

No. S-12370.

204 P.3d 364 (2009)

STATE of Alaska, David W. Márquez, Attorney General for the State of Alaska, in his official capacity, Appellants, v. AMERICAN CIVIL LIBERTIES UNION OF ALASKA, Jane Doe, and Jane Roe, Appellees.

Supreme Court of Alaska.

April 3, 2009.


Attorney(s) appearing for the Case

Dean J. Guaneli, Special Assistant Attorney General, Talis J. Colberg, Attorney General, Juneau, for Appellants.

Jason Brandeis, ACLU of Alaska Foundation, Anchorage, Adam B. Wolf, M. Allen Hopper, ACLU Foundation, Santa Cruz, California, for Appellees.

Allen F. Clendaniel, Dorsey & Whitney LLP, Anchorage, for Amici Curiae Dr. Melanie Dreher, Dr. David Ostrow, and Dr. Craig Reinarman.

Before: FABE, Chief Justice, MATTHEWS, EASTAUGH, CARPENETI, and WINFREE, Justices.


OPINION

MATTHEWS, Justice.

Under the ripeness doctrine, the constitutionality of a statute generally may not be challenged as an abstract proposition. The plaintiffs in the present case have brought a pre-enforcement challenge to a newly amended statute that prohibits the possession and use of marijuana. They claim that because the statute criminalizes the use by adults of small amounts of marijuana in their homes it violates their privacy rights...

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