Pubdate: Tue, 13 Apr 2010
Source: Anchorage Daily News (AK)
Copyright: 2010 The Anchorage Daily News
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Details: http://www.mapinc.org/media/18
Author: James Halpin
Bookmark: http://www.mapinc.org/topic/Ravin (Ravin v. Alaska)

ATTORNEY WHO FORCED MARIJUANA ISSUE DIES IN ANCHORAGE

Right to Privacy: Homer Lawyer Behind '75 Possession Case.

A Homer lawyer and vocal marijuana proponent responsible for shaping 
Alaska's pot laws has died in Anchorage.

Irwin Ravin died at Providence Alaska Medical Center of undisclosed 
causes, according to a hospital spokeswoman. He was 70 years old.

Back in 1973, Ravin set into motion more than 35 years of legal 
tumult in Alaska when he arranged to have himself arrested with a 
stash of marijuana in his pocket so he could challenge the marijuana laws.

His case went to the Alaska Supreme Court, which ruled in the 
landmark 1975 case, Ravin v. Alaska, that the law banning home use 
and possession of small amounts of marijuana by adults violated a 
constitutional right to privacy.

Ever since, lawmakers, activists and others have waged battled in 
court over the law and its conflicting implications.

"Supposedly you can possess it in your house," said Sgt. Denny Allen, 
supervisor of the Anchorage police Community Action Policing team. 
"But then the question becomes: how do you get it there?"

The Ravin decision did not mention a specific amount one could 
possess, but in 1982 the Alaska Legislature determined less than four 
ounces was a personal stash unless there was evidence of sales or 
distribution. That amount was later reduced to one ounce.

Today, the law remains murky. In 2006, the Alaska Legislature, citing 
evidence that marijuana now is much more potent than it once was, 
passed a law recriminalizing small amounts of pot at home, said state 
Department of Law spokesman Bill McAllister.

The American Civil Liberties Union of Alaska challenged the law on 
privacy grounds and won in Superior Court, he said. But the state 
appealed to the Alaska Supreme Court, which threw out the lower court 
decision but didn't clarify whether the law was at odds with Ravin, he said.

"So the law that was passed in 2006 is on the books," McAllister 
said. "It's unknown what would happen if a case was brought."

Anchorage police spokesman Lt. Dave Parker said that though police 
generally don't go looking for small quantities of marijuana in the 
home, officers will confiscate it if they find it. 
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