Charles H. Rollins, Jr. v. Fran Ulmer, Lt. Governor, State of Alaska, Sandra Stout, Director, Elections, State of Alaska, Jim Kentch, and Alaskans for Medical Rights

Summary

The Supreme Court of Alaska considered whether Alaska's medical marijuana registration requirements violated the constitutional right to privacy. The court held that the confidential registry, limited access, and restricted governmental uses did not impermissibly infringe privacy rights, and it affirmed the superior court's judgment declaring the law constitutional.

Holdings

1. The medical marijuana law does not violate the constitutional right to privacy because the registry is closed to public access, contains no requirement that users disclose details of their medical conditions, and limits authorized governmental access to specified legitimate purposes.
2. The law does not violate the constitutional right to make independent medical choices because it leaves patients and physicians broad freedom to choose marijuana as treatment, and any incidental deterrence caused by the confidential registration requirement is insufficient, standing alone, to establish a constitutional violation.
3. The Alaska Constitution's privacy clause does not establish a right to use marijuana, and the law's regulation of possession and use outside the sanctity of the home does not violate that provision.

Questions Presented

1. Whether Alaska's medical marijuana registration and confidential registry requirements violate the constitutional right to privacy by requiring disclosure of sensitive medical information.
2. Whether the registry and registration requirement impermissibly burden the constitutional right to make independent medical treatment choices.
3. Whether the law's regulation of marijuana possession and use implicates the Alaska Constitution's privacy protection for activities in the home.

Disposition

affirmed