Hilary Bricken – Harris Bricken: Right to Privacy Includes Marijuana Personal Use in Alaska: Ravin v. State
CANNANNEW REPORT

AUTHOR: Hilary Bricken Law Firm: Harris Bricken Attorney Irwin Ravin was arrested on October 11, 1972, and charged with violating Alaska Statute 17.12.010 for possessing cannabis for personal use. Before trial in front of the Alaska District Court, Ravin attacked the constitutionality of AS 17.12.010 by a motion to dismiss asserting that the state had violated his right of privacy under both the federal and Alaska constitutions, and further violated the federal and Alaska equal protection provisions. The district court denied Ravin’s motion to dismiss. Ravin appealed that decision to the superior court, which affirmed. Ravin then appealed that decision to the Alaska Supreme Court. Ravin had two arguments on appeal to the Alaska Supreme Court: first, that there is no legitimate Alaska state interest in prohibiting possession of marijuana by adults for personal use, in view of the right to privacy; and second, that the statutory classification of marijuana as a dangerous drug (while not prohibiting use of alcohol and tobacco), denies him due process and the equal protection of law. Regarding the right to privacy, Ravin argued that the federal and Alaska constitutions contain a fundamental right to privacy: sufficiently broad to encompass and protect the possession of marijuana for personal use.  Given this fundamental constitutional right, the State would then have the burden of demonstrating a compelling state interest in prohibiting possession of marijuana.  In light of these controlling principles, petitioner argues that the evidence submitted . . . by both sides demonstrates that marijuana is a relatively innocuous substance, at least as compared with other less-restricted substances, and that nothing even approaching a compelling state interest was proven by the State. The Alaska Supreme Court determined there was “a proper governmental interest in imposing restrictions on marijuana use and whether the means chosen bear a substantial relationship to…

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Source : Hilary Bricken – Harris Bricken: Right to Privacy Includes Marijuana Personal Use in Alaska: Ravin v. State

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