cannabisnews.com: State May Take Pot Cases To Feds










  State May Take Pot Cases To Feds

Posted by CN Staff on September 17, 2003 at 11:35:45 PT
By Sean Cockerham, Anchorage Daily News 
Source: Anchorage Daily News  

Juneau -- State troopers and local police should work to build federal cases out of marijuana use that a state appeals court has declared to be legal under state law, Alaska Attorney General Gregg Renkes said Tuesday.In a memo to state prosecutors and the head of the Alaska State Troopers, Renkes said that law enforcement agencies should not make arrests or cite people for possessing modest amounts of marijuana for personal use at home.
But they should investigate because of the potential for a federal prosecution, he said. "This includes seizing and treating as evidence all marijuana found, even if under four ounces in the home, and writing reports documenting the investigation," Renkes wrote in the memo. Renkes' instructions follow a recent Alaska Court of Appeals ruling that adults have the right to possess less than four ounces of marijuana in their home for personal use. The ruling was based on the broad right to privacy guaranteed in the state constitution.Renkes is asking the appeals court for a rehearing, arguing that the state was not given a chance to show that marijuana is harmful and that the state has a legitimate interest in restricting its use for the sake of the public.But, in the meantime, the appeals court decision is the law. And Renkes said there has been some confusion over how law enforcement agencies should react."We have to respect the language of the appeals court decision," Renkes said Wednesday.But there are still examples where the state could prosecute someone for having a little marijuana for personal use in their home, Renkes said. It could be a probation violation or minors might be involved, he said.Also, Renkes said, possession of any amount of marijuana remains illegal under federal law. Note: Marijuana: Attorney general wants police to investigate cases regardless of amount of drug. Snipped: Complete Article: http://www.freedomtoexhale.com/cases.htmSource: Anchorage Daily News (AK)Author: Sean Cockerham, Anchorage Daily NewsPublished: September 17, 2003Copyright: 2003 The Anchorage Daily News Contact: letters adn.com Website: http://www.adn.com/ Related Articles: State Won't Arrest for Personal Pot http://cannabisnews.com/news/thread17337.shtmlAlaska Police Told To Keep Probing Pot Usehttp://cannabisnews.com/news/thread17325.shtmlLaw Enforcement Contends With Decision On Pothttp://cannabisnews.com/news/thread17307.shtmlMarijuana Ruling Puts Police on Hold http://cannabisnews.com/news/thread17246.shtml

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Comment #16 posted by AlvinCool on September 17, 2003 at 20:24:40 PT
We don't make the laws
What they say"Well son I hate to arrest you but we don't make the laws. If the law wasn't on the books we wouldn't be arresting you"What they mean"I know it's not against state law son but it is against federal law and I'm gonna run an end around our state laws, they don't really mean anything, and get you arrested. That Ashcroft came and told he told us how we were about to be able to bend the Patriot Act and these laws won't help you then. We are keeping a file on you, and it'll be legal!"
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Comment #15 posted by FoM on September 17, 2003 at 19:34:25 PT
Glad You Like It EJ
I just smiled when I saw it the first time and thought of all of us. We seem like a snail in size sometimes but we stand up for what we believe and say what we think we should. 
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Comment #14 posted by E_Johnson on September 17, 2003 at 19:22:31 PT
FoM
I like that joke. :-)
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Comment #13 posted by OverwhelmSam on September 17, 2003 at 13:56:50 PT:
Law Enforcement Subject To Law Suits
If the state law enforcement agencies enforce a law that the Appeals Court says is not valid, you should sue the state law enforcement agency/ies involved for violating state law. 
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Comment #12 posted by E_Johnson on September 17, 2003 at 13:34:23 PT

The myth of sacred trauma and the police
We know from many animal experiments that cannabinoids help people forget their past traumas and move on. Rats born without cannabinoid receptors cannot forget even the slightest trauma. This suggests that perhaps PTSD in humans could be caused by damage to or weakness in a person's cannabinoid receptor system. Let's assume this is so for what follows.Now think about trauma as a social and political engine.People who are totally wrapped up in traumatic memories have a black and white fear-based picture of the world.Think of how powerful such a mentality is in the world. Think of how threatening it is for people wrapped up in their own fear to be confronted with people who don't identify with that sacred fear or let themselves be controlled by it.This might be how it is for the police. This is a tough ugly scary job. The bad cops get just as traumatized as the good ones. They start out with an ideal, but experience replaces that with a series of frightening and life-threatening traumatic events where they see innocent people horribly hurt all the time, and they have limited ability to prevent it or intervene or even punish the guilty party.Which they come to take very seriously.Since they're all pee-tested, they have no access to Nature's own treatment for PTSD -- the cannabinoids whose absence probably causes the illness.So the police are all traumatized, and being inadequately treated and medicated for it, they do grow to see the world in a black and white fear-based mentality.Which is only exacerbated by the most socially sanctioned self-medication for PTSD -- alcohol.Of course they hate the cannabis community. They can't understand our mantality. Because they can't attain it. Because their jobs ruin their own cannabinoid systems, and they are not allowed to do anything to fix that.I feel sorry for them, I do. It's awful to suffer and not be able to get relief, because your employment is based on preventing everyone from getting relief.It's a situation that is surreal enough to warrant the Soviet Seal of Surrealism, which I give to any governmental paradox whose chain of interlocking illogic meets the standard of interlocking illogic attained under the Soviet system.
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Comment #10 posted by motavation on September 17, 2003 at 13:28:49 PT:

PayDay!
Where is all the pot going, if the feds get the cases, then they mmust get the GOLD too~:(We could re-sell or offer the stolen pot, plants, and items to medical patients at 75% off and still pay all local taxes and more..lets get to the reality. Everyone is after my lucky charms! Is it my falt? Why...well its simple supply/demand. There was recently new bust in the California Area 2000 plants, 20k plants, 600 plants, and more!If you are involved in any new california cases or situations, let us know. GOT A FRIEND WHO GROWS? OR GREW? DID HE HAVE ANY LEGAL ISSUES? DID HIS CASE GO TO THE FEDS?
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Comment #9 posted by goneposthole on September 17, 2003 at 13:13:40 PT

I've always liked Jimmy Breslin
He can tell it like it is. He doesn't pull any punches when he whacks John Ashcroft. Things are happening quickly, and it doesn't look good for the Bush fascists.Something is happening here, too:http://www.joevialls.co.uk/
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Comment #8 posted by kaptinemo on September 17, 2003 at 13:02:26 PT:

I went back and read the rest of the article
This business of passing the State buck to the Feds on MJ cases to get convictions is nothing new...nothing new, that is, to the State prosecutors. But this dweeb has just informed the Alaska electorate what a State functionary thinks of his own people.Said electorate might be in a mood to do a little recall of their own to get rid of people who administer the law as if it doesn't apply to THEM. or goes behind their backs to bring in unwarranted and unwelcome influences to bear against Alaskans' civil rights.And as to Feds crashing into people's homes? Alaska is more a friggin' COUNTRY than it is a State. "Big" doesn't begin to cover it. As the Inuit say, many people have 'gone missing' and never been seen again. It's a place where 'neighbor' means more than just someone down the hall; they might be your only means of survival when Mother Nature stops being gloriously pretty and starts being unthinkingly vicious. Which can happen in minutes in places like the Aleutians. Many of the Alaskans I've known CHOSE to live there to get away from Federal interference in their lives...and don't take too kindly to such interference. Hint, hint, hint...
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Comment #7 posted by cloud7 on September 17, 2003 at 13:00:29 PT

Go ahead
Let's see how long the federal courts will let Alaska tie them up with a multitude of under 4 oz pot possession cases since none of them will be able to go to state courts. This is more of a bluff. They will probably try this for people who are growing or who possess close to the four ounce limit, but I would guess the majority of the people who have under four ounces will not face anything.
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Comment #6 posted by goneposthole on September 17, 2003 at 12:47:46 PT

what really is happening
The money behind the sales of cannabis to cannabis imbibers has become one potent force. It is controlling commerce on a scale that must be reckoned with; no other explanation. It is running the underground economy and cannot be stopped. All that can be done is to watch it grow.Cannabis has overgrown the government.
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Comment #5 posted by Jose Melendez on September 17, 2003 at 12:42:50 PT

vote them out
 from:http://www.newsday.com/news/columnists/ny-nybres143454434sep14,0,2803163.column"That this American government of bigots from the Low IQ states can run over our Bill of Rights, grabbing somebody with no warning in the dark hours, is a terrorist act by psalm-singers. The only way to defend yourself is to vote them out. Those who don't are fans of fascism. "
Jimmy Breslin: Fascism In The Name Of Security             
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Comment #4 posted by phil_debowl on September 17, 2003 at 12:33:02 PT

change of story
It sounds like maybe he got a nice call from walters over the past couple of days.
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Comment #3 posted by FoM on September 17, 2003 at 12:18:48 PT

I Posted This On Another Thread
When I read how they keep fighting us even though we are winning I think of this joke from Readers Digest I found the other day. We've come too far to get sidetracked or discouraged.A small joke:Knock, Knock, Knock. The man opens the door and finds a small snail on his stoop. He picks up the little critter and throws it as far as he can. Three years later, three more knocks. The man opens the door and there sits the same snail. He looks at the man and says, What was that about?"That little joke reminded me of all of us and our determination.

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Comment #2 posted by byrd on September 17, 2003 at 11:43:56 PT

Great
"State troopers and local police should work to build federal cases out of marijuana use that a state appeals court has declared to be legal under state law, Alaska Attorney General Gregg Renkes said Tuesday."Now the attorney general for the state of Alaska is telling the cops to subvert their own constitution.What a country we live in. This really depresses me.
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Comment #1 posted by WolfgangWylde on September 17, 2003 at 11:37:22 PT

As I stated earlier...
...if its legal to possess, the cops have no business confiscating it. Civil suits, for big time monetary damages, are in order.
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