A judge in Fairbanks, Alaska has dismissed a man's marijuana conviction, ruling that the Alaska Constitution guarantees one the right to possess pot in one's home.

In a decision rendered last week, Superior Court Judge Richard Savell dismissed the Fairbanks man's conviction for pot possession, ruling that a 1975 Alaska Supreme Court decision legalizing personal marijuana use by an adult in their home is still the law.

Since that decision, Ravin v. State, came down, a voter initiative passed in Alaska prohibiting the possession of any amount of pot in any location. Judge Savell ruled this law is unconstitutional, and the prior decision allowing first up to four ounces of marijuana, now up to eight ounces, for personal possession in one's home, is still valid:

The defense argued that the portion of the law prohibiting possession of marijuana for personal consumption by an adult in their home is unconstitutional. "A direct conflict in the law exists between the right to privacy guaranteed under the Alaska Constitution and the statutory prohibition ... which criminalizes the personal use of marijuana by an adult in the privacy of the home, regardless of the quantity of the prohibited substance," reads a portion of Thomas' motion to dismiss his conviction.

Savell granted the motion on June 25, writing in pen under his signature of approval that "Ravin stands."

A clerk for the defense attorney, Jim McClain said:

. ...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.

The article says that the 1975 judicial decision "became part of the state's criminal code."