Ravin was founded in the Supreme Court's interpretation of the Alaska Constitution. The initiative was inadequate to overrule Ravin and that case remains the law. There is another avenue for the State to follow. Should the State make a clearly convincing showing that the ruling in Ravin was in error or no longer sound due to changed conditions and that more good than harm would result from a departure from precedent the Supreme Court would reverse itself. Ravin was decided during a period of serious debate about the harmful effects of marijuana use.
Science marches on.
If this evidence exists it does not appear in this record - the State presented no evidence, or even argument on this point. Accordingly, with no basis to overrule or even qualify the Ravin decision, it must be applied. The evidence seized pursuant to the search warrant is suppressed and Count II of the Indictment is dismissed. 4 Dated at Ketchikan, Alaska, this 29th day of October, 1993.