| Ravin v. State | |
| Court: | Alaska Supreme Court |
| Citations: | 537 P.2d 494 |
| Judges: | Jay Andrew Rabinowitz, Roger George Connor, Robert Cecil Erwin, Robert Boochever, James Martin Fitzgerald |
| Number Of Judges: | 5 |
| Decision By: | Rabinowitz |
| Concurring: | Boochever, Connor |
| Italic Title: | yes |
Ravin v. State, 537 P.2d 494 (Ak. 1975),[1] was a unanimous decision by the Alaska Supreme Court. Decided on May 27, 1975, the Court held that the Alaska Constitution's right to privacy protects an adult's ability to use and possess a small amount of marijuana in the home for personal use. The Alaska Supreme Court thereby became the first—and only—state or federal court to announce a constitutional privacy right that protects some level of marijuana use and possession.
It was brought about by Irwin Ravin, an attorney who deliberately got arrested in Anchorage for refusing to sign a traffic ticket while in possession of marijuana in order to challenge the existing law. Ravin felt that the case was more about privacy, saying
The court ruled:[2]
Alaskan voters approved a ballot initiative recriminalizing marijuana possession in 1990, but in Noy v. State, the Alaska Court of Appeals held that ballot initiatives are subject to the same constitutional limitations as legislative enactments, and thus the portion of the amended statutes criminalizing possession of less than four ounces of marijuana in the home was unconstitutional.[3] In June 2006, the Alaska Legislature amended the law to prohibit the possession of more than one ounce of marijuana and to make possession of more than one ounce of marijuana a class A misdemeanor.[4] In July 2006, Juneau Superior Court Judge Patricia Collins struck down the law, ruling it unconstitutional. In April 2009, in a 3-2 ruling, the Supreme Court of Alaska vacated the lower court's ruling, finding that the plaintiffs lacked standing to sue in the first place.[4]
In November 2014, Alaskan voters approved a ballot measure to legalize the possession and sale of marijuana, regulating it in a manner similar to alcohol sales.[5]