Politicians left and right often use pet phrases to justify their positions: states rights, individual liberty, personal responsibility. Rarely are these consistently applied. Even more rarely do politicians or political parties offer a coherent framework for deciding when a higher level of government should preempt a lower level of government, or when individual liberty trumps state regulation. Which makes what has happened in Alaska so refreshing and instructive. The issue addressed was the right of individuals to use drugs when the state outlaws their use.
In August 1972, a little more than 13 years after Alaska became a state, its citizens voted overwhelmingly (86-14 percent) to add a two-sentence amendment to their state Constitution. “The right of the people to privacy is recognized and shall not be infringed. The legislature shall implement this section.”
In 1972, being caught in possession of marijuana got you the equivalent of a traffic ticket in Alaska. When attorney Irwin Ravin refused to sign his traffic ticket he was arrested. The case went to the Alaska Supreme Court. In 1975 the Court held that Alaska’s new Constitutional right to privacy protected an adult’s right to use marijuana in the home.
Later, when Alaskans became infected with the same reefer madness as the rest of the country and imposed stiffer penalties, the Alaska Supreme Court continued to rule that using marijuana in one’s home was Constitutionally protected.
One might disagree with the Court’s reasoning in any one of its decisions. But I trust we can all support its transparent and accessible decision making framework and its reliance on scientific evidence to determine the balance between the right of the state to protect its citizens with the right of its citizens to be left alone. The U.S. Congress and Supreme Court have much to learn from the next to last state to join the Union.
See Full Story at HuffingtonPost.com
