State v. Mallan

RAMIL, Justice,

with whom MOON, Chief Justice, joins.

We granted certiorari to review the memorandum opinion of the Intermediate Court of Appeals (ICA) filed on May 10, 1993. The central issue before us is whether the express right to privacy located in article I, section 6 of the Hawai‘i Constitution1 encompasses a right to possess and use marijuana2 for recreational purposes. Because we believe that the right to privacy does not in-*442elude such a right, we affirm the ICA’s decision.

I. BACKGROUND

The facts of this case are not in dispute. On October 20, 1990, at approximately 10:16 p.m.,…