cannabisnews.com: Ruling Limits Pot Raids





Ruling Limits Pot Raids
Posted by CN Staff on August 28, 2004 at 09:12:40 PT
By Matt Volz, Associated Press 
Source: News-Miner 
Anchorage -- The Alaska Court of Appeals ruled Friday that police cannot execute a search warrant in a person's home for possession of less than 4 ounces of marijuana.Attorney General Gregg Renkes says he will appeal the ruling to the state Supreme Court and that he is "fearful that this will shut down effective investigation of marijuana growing cases."
The Appeals Court ruled in the case of Leo Richardson Crocker Jr., who was charged with controlled substance misconduct after police, acting on a tip, searched his Anchor Point home and found marijuana and growing equipment.A lower court ruled the search warrant that led to the arrest should have never been issued and suppressed the evidence against Crocker. The Appeals Court agreed. The opinion is the latest decision that has carved out protections for possessing marijuana in an Alaska home. The state Supreme Court in 1975 ruled that an adult's rights to limited marijuana possession was protected under the state constitution's privacy provisions. Last year, the Appeals Court defined that limit as 4 ounces.The Appeals Court also struck down a 1990 voter initiative that criminalized possession of any amount of marijuana.To execute a search warrant, police must have reason to believe the amount of marijuana exceeds 4 ounces or is being used in connection with a crime, the Appeals Court said Friday.Renkes said the ruling hamstrings police efforts to break up marijuana growers."It will be rare that there will be someone who can provide eyewitness information to the amount of marijuana in a growing operation," Renkes said. "At this point the only way to get a search warrant is for someone to testify to the size of the crop."Renkes said he plans to ask the U.S. Attorney's Office to be more aggressive in busting marijuana growers, as the court's ruling does not affect federal cases.State prosecutors argued that the earlier decisions did not legalize marijuana possession in the home. Rather, the decisions created a defense that people can use when they are charged with possession. Marijuana possession is a criminal offense and a warrant can be issued if there is probable cause to believe there is any marijuana in the home, prosecutors argued.The court dismissed that argument, saying the earlier decisions defined a constitutional limitation to the government's ability to prohibit marijuana possession.Source: Fairbanks Daily News-Miner (AK)Author: Matt Volz, Associated Press Published: Saturday, August 28, 2004 Copyright: 2004 Fairbanks Publishing Company, Inc.Contact: letters newsminer.comWebsite: http://www.news-miner.com/ Related Articles & Web Site:Free Hemp in Alaskahttp://www.freehempinak.org/Alaska Court Narrows Marijuana Search Law http://cannabisnews.com/news/thread19406.shtmlState Appeals Legal Pot Ruling http://cannabisnews.com/news/thread18183.shtmlAlaskans to Vote on Pot Legalization in '04 http://cannabisnews.com/news/thread18067.shtmlAlaska Court: Drug Ban Unconstitutionalhttp://cannabisnews.com/news/thread17184.shtml 
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Comment #10 posted by FoM on August 29, 2004 at 08:35:07 PT
John Tyler
You're right that seems to be what happened. Here is a link to what we have on Marc's case. I hope he is doing ok.  Pot Activist Jailed: 
http://cannabisnews.com/news/thread19364.shtml
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Comment #9 posted by John Tyler on August 29, 2004 at 06:49:07 PT
Marc Emery update
I read a recent article in Cannabis Culture Mag. online at www.cannabisculture.com that the guilty plea he supposedly entered was actually a communication mistake on the part of his lawyer. Unfortunately though, he is in jail now doing his time.
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Comment #8 posted by siege on August 28, 2004 at 16:26:17 PT
Macular Degeneration marijuana
http://www.home.earthlink.net/~blindworld/RESEARCH/4-04-14-01.htm
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Comment #7 posted by siege on August 28, 2004 at 15:40:20 PT
      About Amigula Inc.
Amigula Inc. (www.Amigula.com) has recently completed the purchase of 51% of Medical Cannabis Inc. and has announced their plans to file as a reporting issuer. The company plans to list on a major exchange beginning with an application for a listing on the American Stock Exchange (AMEX) or Nasdaq as well as several European exchanges. The company views the current prohibition of marijuana as similar to that of alcohol, beer and tobacco. Canada's marijuana crop alone is estimated at $4 billion to $7 billion. If a single company controlled it, it would be larger than Canada's oil and gas business and agricultural industries. On October 7, 2003 the Ontario Superior Court ruled that business and individuals be allowed to grow and supply medical marijuana, effectively relieving the Canadian government of its often criticized and fairly unsuccessful attempts. Health Canada "permitted persons" (exemptees) can now pay Amigula to grow marijuana for them. The ruling makes it easier for sick people to get marijuana by allowing them easier access -- more choice and fair prices. The company has a mandate to develop and improve the medical marijuana business worldwide and is on the acquisition and consolidation trail of other legal licensed marijuana operations with notable international brands.
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Comment #6 posted by Hope on August 28, 2004 at 12:54:16 PT
they've damned sure made sure
they broke up communities by polarizing oppinion. No longer was the poor town drunk, the poor town drunk...or the mean one or whatever...he was the "demon". They frightened people into believing that what they are doing is right.
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Comment #5 posted by Hope on August 28, 2004 at 12:50:41 PT
Oh yeah
Sometimes they break up whole families. They've done that a lot. Mother's in prison?Of course...THOSE mothers don't matter. Emotional brutality is part of their stock and trade.
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Comment #4 posted by Hope on August 28, 2004 at 12:48:17 PT
As I understand it...
They...LEOs...have broken up a lot of marriages.
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Comment #3 posted by Sam Adams on August 28, 2004 at 12:08:35 PT
Break 'em up!
What is this, the 1962 Yankees? Break 'em up!  LEO isn't going to "break up" anything - they'll ruin 1 or 2 guys's lives and their families and 99.5% of the other growers will take up the slack and the extra $$.YOU LOSE, prohibitionists and blood-sucking government employees.
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Comment #2 posted by Virgil on August 28, 2004 at 11:23:35 PT
Writing the good fight- Fred Gardner
Fred Gardner has another weekend piece up at http://www.counterpunch.org/gardner08282004.html This piece has 1660 words on Eddy Lepp and is an honest attempt at informing as opposed the normal disinforming we usually see with anything cannabis.
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Comment #1 posted by cloud7 on August 28, 2004 at 10:41:44 PT
...
"Attorney General Gregg Renkes says he will appeal the ruling to the state Supreme Court and that he is "fearful that this will shut down effective investigation of marijuana growing cases.""We can only hope. "Renkes said he plans to ask the U.S. Attorney's Office to be more aggressive in busting marijuana growers, as the court's ruling does not affect federal cases."His state's constitution won't let him ruin people's lives, so he calls in the feds. If he doesn't like the rights and freedoms that Alaska recognizes, I suggest he go where his idea of citizen's rights would be well received, say China.
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