cannabisnews.com: Law Enforcement Contends With Decision On Pot Law Enforcement Contends With Decision On Pot Posted by CN Staff on September 15, 2003 at 08:21:30 PT Staff and Wire Reports Source: Fairbanks Daily News-Miner Literally and figuratively, it's a burning question: Can Alaskans have marijuana or not? The state Court of Appeals recently said yes, ruling that adult Alaskans can legally possess up to a quarter pound of marijuana in their homes for personal use. But the ruling, based on the two-year-old case of a North Pole man found with marijuana in his home, has met with varying responses from local and statewide law enforcement agencies and state prosecutors. Police Director Paul Harris said it would be "business as usual" at the Fairbanks Police Department."If you break the law, you end up suffering the consequences," he said. "This appeals court decision does not affect how we do business." For the FPD, Harris said, "business as usual" means officers won't go out of their way to raid a residence because they suspect there is personal-use pot inside. When in a home for another purpose, however, police may press charges if personal-use pot is found there--but Harris said that generally isn't done except under certain circumstances, such as when there are juveniles involved or when the home is in a drug-free school zone."Every case is different," he said.But he said the FPD will still raid homes and press charges where there is a suspected commercial-growing operation. And the department presses charges when it finds personal-use pot in cars, he said."You possess a seed in a car and you'll probably get charged, because we don't want you driving under the influence of marijuana," he said. Harris said he doesn't consider the appeals court decision a legalization of pot, noting that it is still illegal under federal law."I would recommend that if you want to keep a clean record, you not use marijuana," he said.In the case of the Alaska State Troopers, state Commissioner of Public Safety Bill Tandeske told the Anchorage Daily News earlier this month that troopers would not be pressing charges on personal-use pot. He said that the troopers will look for direction to the state Department of Law. But in light of the new ruling, he said, "We wouldn't file a case on it."Trooper Sgt. Ron Wall, head of the Fairbanks branch of the Alaska Drug Enforcement Agency, said the agency doesn't conduct raids for personal-use pot."We generally target more serious offenders," he said. He said when the ADEA does encounter personal-use pot, it generally doesn't press charges but does confiscate it. Wall said even if the appeals court has found possession legal, the agency would like to continue to confiscate pot because it can be used to link to actual drug dealers. He said he had yet to contact the district attorney to find out whether that would be allowable. "I need to discuss it with the D.A.," he said.When police or troopers do press personal-possession charges, it is up to the district attorney's office whether or not to follow through with them in court. Fairbanks District Attorney Jeff O'Bryant said during a brief chat with a reporter last week that it's "business as usual" at the office when it comes to pot prosecutions. On the state level, prosecutors have not yet decided what to do about small pot busts in homes. The state plans to ask the Alaska Supreme Court to review the appeals court's ruling."Right now we are taking a look at (the court decision) to determine what our avenue of appeal is going to be," Susan Parkes, chief of the criminal division of the Alaska Department of Law, told the Anchorage Daily News earlier this month. "Once we do that, we will look at four-ounces-or-less cases, and what our policy is going to be."The ruling, based on the broad right to privacy guaranteed in Alaska's Constitution, does not affect most of the state's marijuana laws, Parkes noted. People will still be prosecuted for selling marijuana, possessing any amount of it outside their own home or having four ounces or more at home, she said.Possession of any amount of marijuana is still illegal under federal law. U.S. Attorney Tim Burgess would not say how federal prosecutors would react if asked to take on small marijuana possession cases that the state could no longer pursue."We get (different types of) cases referred to us all the time," Burgess said. "We look at a lot of these on a case-by-case basis and balance them with a lot of other things we are doing."Reporter Tom Moran contributed to this article. Source: Fairbanks Daily News-Miner (AK)Published: Monday, September 15, 2003Copyright: 2003 Fairbanks Publishing Company, Inc.Contact: letters newsminer.comWebsite: http://www.news-miner.com/ Related Articles:Marijuana Ruling Puts Police on Hold http://cannabisnews.com/news/thread17246.shtmlCops At Odds on Pot Rulinghttp://cannabisnews.com/news/thread17225.shtmlAlaska Court Ruling Sparks Hope for Advocateshttp://cannabisnews.com/news/thread17221.shtmlMarijuana Ruling Smokes Foeshttp://cannabisnews.com/news/thread17189.shtml Home Comment Email Register Recent Comments Help Comment #5 posted by afterburner on September 15, 2003 at 15:38:39 PT: More Obsessive-Compulsive Cops "You possess a seed in a car and you'll probably get charged, because we don't want you driving under the influence of marijuana," he said. You cannot get "high" on a seed.ego transcendence follows ego destruction, send the cops back to school so they can learn how to deal with the new reality. [ Post Comment ] Comment #4 posted by lilgrasshoppah77 on September 15, 2003 at 11:17:56 PT: calling all medics! ye auld police occifer just suffered a slip of the freudian kind: "If you break the law, you end up suffering the consequences.... "This appeals court decision does not affect how we do business...."The way you "do business", huh? So arresting people for cannabis use is a business for you, huh? 'S'what I thought! [ Post Comment ] Comment #3 posted by WolfgangWylde on September 15, 2003 at 11:09:00 PT Yes... ...large lawsuits will get their attention. So much for the "we don't make the law, we just enforce it" BS they've been spouting all these years. [ Post Comment ] Comment #2 posted by John Tyler on September 15, 2003 at 10:13:56 PT following the law in Alaska What is it with cops? A judge in a court of law (law that is supposed to be followed by the cops) issues a judgement and the cops refuse to follow it. Will it take people sueing the pants off of the cops for false arrrest before they understand? [ Post Comment ] Comment #1 posted by Kegan on September 15, 2003 at 08:53:32 PT Off topic, but should be seen *** Health Canada Cannabis Exposed! *** Health Canada Cannabis Weak, Non-Organic, and Potentially Unsafe;Medical Users Deserve Better, Says Canadians for Safe Access Two weeks ago Health Canada began supplying cannabis to a handful of licensed medicinal users. As a public health initiative, Canadians for Safe Access (www.safeaccess.ca) - a grassroots, patients' rights organization - has tested a sample of the Health Canada cannabis for safety and potency. In order to get a balanced assessment, CSA also tested a comparative sample of organic therapeutic cannabis cultivated by the Vancouver Island Compassion Society (www.thevics.com). The results of these tests are disconcerting, though not entirely surprising. CSA was appalled by the appearance of the supposedly medical-grade product[i]. In order to meet the arbitrary Health Canada requirement that the cannabis not exceed 10% THC, Prairie Plant Systems - the federally appointed cannabis cultivator - has combined the flowering tops of their plants with the stems and lower leaves. This diluted product is ground up for the purpose of homogeneity, and then sterilized using gamma irradiation. This technique remains so controversial due to safety concerns that it has never been used on foodstuffs in North America[ii]. In addition, cannabinoid testing indicates that the Health Canada product is well under 5% THC (3.0%), while the VICS cannabis tested at over 12% THC (12.7%). Accordingly, patients would have to smoke far less of the VICS cannabis in order to get relief of their symptoms. Furthermore, CSA has concerns about the use of chemical phosphate fertilizers in the cultivation process itself, as these have been linked to the development of carcinogenic compounds in food and tobacco[iii]. Heavy metal testing has revealed that levels of arsenic in the government sample more than double that of the VICS cannabis[iv]; higher levels of lead were also detected. Biological testing has revealed that although both samples appear to be free of dangerous biological contaminants, the irradiated Health Canada product had 10X more colony forming units (CFUs) than the VICS organic cannabis.[v] "Considering that this is a medicine, it's negligent that safer cultivation techniques weren't employed. Our government is spending over $5 million dollars to produce cannabis that couldn't hold a candle to the average street marijuana," says Philippe Lucas, Director of the Canadians for Safe Access and a legal user of medicinal cannabis. "Sadly, this poor-quality product will be used in Health Canada's anemic research program. This is yet another sign of the total disregard being shown for thousands of critically and chronically ill Canadians who need immediate access to a safe supply of therapeutic cannabis." Canadians for Safe Access feels that Health Canada and the Office of Cannabis Medical Access has completely mishandled this important program from day one, a sentiment echoed by the courts and the Canadian Medical Association. Meanwhile, Canada's network of compassion societies continues to help over 5000 Canadians gain access to a safe and diverse supply of therapeutic cannabis at no cost to the taxpayer. Unlike the Health Canada program, distribution through these clubs is safe, affordable, and has a high degree of support from both therapeutic users and the public. "It's high time for Minister McLellan to acknowledge Health Canada's total failure and ineptitude in its handling of therapeutic cannabis research, distribution, and cultivation," states Lucas. "Canada's critically and chronically ill deserve much better from Health Canada; we need a safe and affordable supply of medicinal cannabis right now." Canadians for Safe Access Contacts: Western Canada:Philippe Lucas 250-884-9821Rielle Capler 604-875-0214Eric Nash 250-748-8614 Central Canada:Dom Cramer 416-896-3240Alison Myrden 905-681-8287 Eastern Canada:Debbie Stultz-Giffin 902-665-2355 [ Post Comment ] Post Comment