http://juneauempire.com/stories/070603/sta_potconvect.shtmlA Superior Court judge dismissed a man's marijuana conviction, ruling that the Alaska Constitution guarantees the right to possess marijuana for personal use in the home.
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Lawyer Bill Satterberg filed to have the guilty verdict dismissed. He argued that Thomas' conviction was not constitutional as determined by the 1975 state Supreme Court decision made in Ravin v. State.
That decision made it legal for adults to possess marijuana in their homes for personal consumption as long as the amount of the drug didn't exceed enough to constitute "an intent to deliver."
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"My understanding of it is that if Ravin is still the law, then marijuana is still legal," said McLain, a former attorney.
He said Savell's decision does not necessarily set precedent, "although in reality it may be indicative of what other judges in Fairbanks do."
McLain added that he expects a more broad-scale debate to develop soon about whether Alaska's marijuana possession law is constitutional. McLain said he believes that the 1990 voter initiative that criminalized all pot use in the state is not binding, considering voters do not have the power to change the constitution through the initiative process.
This should really make Ashcroft squirm.