Cannabis in Alaska a Constitutional Right to Privacy | Irwin Ravin
Did you know that in 1972 Alaska amended its constitution to include the right of the people to privacy and that it shall not be infringed? That got one Homer lawyer thinking. That gentleman’s name is Irwin Raven and he was on a mission to test this new constitutional right to privacy. On a fall day in 1972 Irwin Ravin was pulled over by a local police officer who attempted to write him a ticket that he refused to sign. He had “marijuana” in his hand and held onto it until his arrest. This set the scene for what would be a legal challenge that would set precedence for decades to come, Ravin v. State.
Alaskan’s Right To Privacy
By the landmark year of 1975, a pivotal legal decision from the Alaska Supreme Court reshaped the landscape of cannabis laws in the United States. In a groundbreaking ruling, the court asserted that the right to privacy enshrined within the Alaska constitution extends to safeguard an individual’s autonomy in using and possessing a limited quantity of marijuana within the confines of their own home for personal consumption. This historic judgment marked a watershed moment, propelling Alaska to the forefront as the first and, to date, the only state or federal jurisdiction within the U.S. to formally recognize a constitutional right to privacy concerning marijuana use and possession. With this ruling, Alaska set a precedent that would reverberate throughout the nation, igniting discussions and legal debates surrounding individual liberties, state sovereignty, and the ever-evolving landscape of cannabis legalization.
Legalizing Medical use of Cannabis
Fast forward to 1998, Alaskans finally legalized medical used of cannabis. This would allow a medical card holder to possess up to 28 grams (1 ounce) of cannabis and grow up to 6 plants. This was a huge movement forward in cannabis legalization. While this statute didn’t allow for medical sales it has almost become obsolete with recreational (Ballot Measure 2) it did do one thing it allowed for a someone under that age of 18 to possess medical cannabis. They would have to have the signatures of two physicians, but it allowed for anyone to possess and consume medical marijuana as long as they had aliments that cannabis alleviates. That still stands to this day, if you are under the age of 21 you must have a medical card in order to possess and you may not enter any recreational dispensaries. However,it legally protects the medical patient.
14 Year Wait for Recreational Cannabis
Did you know that back in 2000 Alaskans tried to pass ballot measure 5? This would have allowed persons 18 and older to possess cannabis in Alaska. It would have granted amnesty to those serving time for marijuana offenses and purged the criminal records for many others. And not only that would have created an advisory group to study possible restitution. It failed to get enough support leaving Alaskans to wait another 14 years to have recreational cannabis in our state.
Alaska’s Green Rush
The future of cannabis is coming. Slowly our regulations are moving forward in being more friendly and open to onsite consumption and new ideas for what this industry can do. Imagine the future where consumption will be permitted in the bars and restaurants and homes built with a sustainable, renewable resource. It’s not the Gold Rush, it’s the Green Rush of our time! This vision embodies a contemporary phenomenon driven by both economic opportunity and environmental consciousness. As the cannabis industry continues to expand and innovate, society stands on the cusp of a cultural revolution, where the once-stigmatized plant emerges as a symbol of progress and possibility.
Article originally written by: Bailey Stuart | Green Jar