Court Rejects Constitutional Challenges To Marijuana Possession Charges

In State of New York v. Storm-Eggnick, (Albany City St., Oct. 21, 2009), an Albany New York City Court rejected claims by a woman charged with possession of marijuana that the possession statute is unconstitutional on free exercise of religion, equal protection, vagueness, and due process grounds. The court concluded that the statute does not purposefully target religious activity. At to defendant's free exercise challenge under the New York Constitution, the court found that any incidental burden of the statute on religion is justified. Rejecting defendant's due process privacy argument, the court pointed out that here the issue was not possession of marijuana in the home. Defendant had twice carried a marijuana plant into the capital building.