cannabisnews.com: Court Ruling Shelves Valley Marijuana Case Court Ruling Shelves Valley Marijuana Case Posted by CN Staff on September 09, 2003 at 09:54:24 PT By Steve Kadel, Frontiersman Reporter Source: Frontiersman Mat-Su -- A recent ruling by the state Court of Appeals regarding possession of small amounts of marijuana has prompted at least one drug case to be dropped in the Valley.Wasilla attorney Verne Rupright said one of his clients will avoid pleading to a charge of misconduct involving a controlled substance for possessing marijuana. Rupright said the court ruling prompted the Palmer District Attorney's office to drop prosecution for the misdemeanor offense involving a couple of ounces. "We were just about to negotiate a settlement for a client who had the requisite amount to trigger the very bottom end of the statute," he said. "She clearly falls into the criteria."It's a young woman with no horrendous drug abuse problem, let alone being a dealer. It turns out she has two herniated discs in her back. Some people just don't have enough money to go to a doctor."The appeals court ruled Aug. 29 that Alaska residents may possess less than four ounces of marijuana in their home for personal use. That unanimous decision reversed the 2001 conviction of a North Pole man charged for having marijuana in his home, and challenges the 1990 Alaska ballot initiative that made it a crime to possess even the smallest amount of the drug.The Alaska Department of Law reportedly is considering an appeal but no action had been taken as of Friday, temporarily throwing the issue into limbo.Gov. Frank Murkowski called the decision "regrettable," and asked the state Attorney General to review the case and make a recommendation on how to proceed.Meanwhile, most law enforcement agencies say they will continue to treat possession of less than four ounces as a crime."Right now it's just a ruling," said Wasilla Police Chief Don Savage. "The law has not changed, so we are not going to be doing anything different."The Alaska Bureau of Alcohol and Drug Enforcement's Mat-Su office will continue to make arrests for the crime, investigator Duane Shelton said, although he emphasized they focus on felonies such as drug dealing.Capt. Ed Harrington of the Alaska State Troopers' office in Palmer said that agency, too, will continue business as usual. That means seizing marijuana and issuing a summons to appear in court to anyone with less than four ounces in their home.Harrington added that troopers usually add the misdemeanor charge if marijuana is discovered while investigating more serious crimes. It's rarely the sole charge."We never did a lot of those cases," Harrington said, adding that troopers wouldn't change policy without a directive from the Attorney General's office or the Department of Law.Neither office has indicated how long it will be before a formal response is issued.Palmer Police Chief Russ Boatwright referred the Frontiersman to its Mat-Su Drug Team officer for department policy. However, the officer was unavailable for comment.The appeals court ruling, which is based on the Alaska Constitution's right to privacy provisions, does not affect most marijuana laws. Prosecution is still certain for selling the drug, possessing it outside the home, or having more than four ounces within a residence.Source: Frontiersman, The (AK)Author: Steve Kadel, Frontiersman ReporterPublished: Tuesday, September 09, 2003 Copyright: 2003 The FrontiersmanContact: editor frontiersman.comWebsite: http://www.frontiersman.com/Related Articles:Marijuana Ruling Puts Police on Hold http://cannabisnews.com/news/thread17246.shtmlAlaska Court Ruling Sparks Hope for Advocateshttp://cannabisnews.com/news/thread17221.shtmlMarijuana Ruling Smokes Foeshttp://cannabisnews.com/news/thread17189.shtmlAlaska Court: Drug Ban Unconstitutionalhttp://cannabisnews.com/news/thread17184.shtml Home Comment Email Register Recent Comments Help Comment #8 posted by escapegoat on September 09, 2003 at 17:09:08 PT Same spin as Ontario police tried to use... This "just a ruling, law still on the books" BS sounds familar...The LAW was STRUCK DOWN. Alaskans, don't let police with an obvious agenda try to BS you about the true state of the law. They tried that here in Ontario, and they failed...partly because activists and their lawyers took a HARD LINE and threatned the police with false arrest and illegal search lawsuits. Remember that... [ Post Comment ] Comment #7 posted by The GCW on September 09, 2003 at 17:06:18 PT Marc Emory toured to make this point. If You get arrested in AK. right now, da Judge is going to have little choice but to throw it out. Will that lead to false arrest??? because the Judge will confirm there is no law prohibiting up to 4 oz. of cannabis in the privacy of Your own home, because in fact it is against the Constitution.False arrest? Dereliction of duty? Just plain uncivilized? Is there a Marc Emory in AK? That will require a different strategy... perhaps bong up, with drapes open... perhaps expose a bit of plant material on the coffee table, and invite the police to see it. Others here at C-news, recommended using video cameras, at least on that is hidden of course.But then will the cops claim entrapment? Ha!Could I be wrong? Is there a way the cops can still arrest a citizen for something the judge says is unconstitutional? (I mean other than a Nazi?) Why is it so important for police to harm their brother? Why deny Christ God Our Father, so hard? I wish prayers could help them. [ Post Comment ] Comment #6 posted by BigDawg on September 09, 2003 at 11:34:33 PT byrd said it for me The LAW was found unconstitutional...therefore the law does not exist.I didn't know that one could be arrested for breaking police POLICY.Sounds like they are about to learn some legal lessons. [ Post Comment ] Comment #5 posted by byrd on September 09, 2003 at 11:25:30 PT Huh? "Right now it's just a ruling," said Wasilla Police Chief Don Savage. "The law has not changed, so we are not going to be doing anything different."I'm sorry, but if the state court of appeals ruled the law as unconstitutional - then that, by it's very meaning, means that the law has changed.I don't quite know where they find these people but they should at least give them a literacy test.Peace. [ Post Comment ] Comment #4 posted by FoM on September 09, 2003 at 11:05:10 PT BigDawg Police aren't suppose to make policy. They are hired to enforce laws. That's all I believe. [ Post Comment ] Comment #3 posted by FoM on September 09, 2003 at 11:02:53 PT The GCW Good question. Very good. [ Post Comment ] Comment #2 posted by BigDawg on September 09, 2003 at 11:02:27 PT Umm Policy??? The troopers won't change POLICY?I thought troopers were supposed to inforce LAW, not policy. [ Post Comment ] Comment #1 posted by The GCW on September 09, 2003 at 10:59:35 PT Now, Even Ashcroft, Walters and Bush may use cannabis in the privacy of their own home in Alaska, if they choose to do so.Does this also protect citizens in motel rooms? [ Post Comment ] Post Comment