norml21 - Page 72
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absence of scientific proof of harm of marijuana. Accordingly_
the court upheld the "right to privacy" which is "more than
freedom from governmental surveillance°" it guarantees to the
individual the full measure of control over his own personality
consistent with the security of himself and others:
Moreover, marijuana produces experiences
affecting the thoughts emotions and
sensations of the user - these experiences
being mental in nature are thus among the
most personal and private experiences
possible.
493 P.2d at 315.
Justice Evinson thus expanded upon the interpretation of
"privacy" given by previous decisions of the Supreme Court. He
held to be arbitrary and unconstitutional the law making
possession of marijuana illegal because it invades personal
rights and liberty of the individual citizen without meeting the
burden of establishing a reasonable relation to some purpose
within the competence of the state.
Despite their long-standing reluctance to independently test
the facts behind legislative decisions, courts have realized that
the function of judicial review compels some scrutiny of the
legislative conclusion° Rosen articulately demonstrated the
problems posed by the courts' reluctance:
Had Harland_s dictum [in Powell v.
Pennsylvania_ 127 UoS. 678_ 8 S. Cto 992, 32
Lo Ed_283 (1888)] that courts should not
"conduct investigations of facts entering
72
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