Feds back off marijuana busts in some states


Published on Monday, October 19, 2009 8:31 PM AKDT

The Obama Administration announced Monday it will not prosecute people who use or distribute marijuana for medical use as long as those people are abiding by state law.

Alaska is one of 14 states that allow the possession of small amounts of marijuana. In the past, federal agents could bring those people to court because federal law supersedes state law. The other states that allow limited use of marijuana are California, Colorado, Hawaii, Maine, Maryland, Michigan, Montana, Nevada, New Mexico, Oregon, Rhode Island, Vermont and Washington.

Prosecuting people who have state-approved marijuana apparently won’t go forward under the new administration. Justice Department officials say its not a top priority anymore. Those officials also say, however, they still plan to pursue and prosecute drug dealers and warlords who sell large amounts of dope to finance their criminal enterprises.

California is most often cited as the state where this law will have the biggest impact because it has accepted the use of marijuana as medicine for quite some time and recently even allowed storefronts for that purpose.

Alaska’s no slouch when it comes to growing, using and selling dope, though. In fact, Matanuska Valley was part of a brand name back in the day.

Alaskans shouldn’t consider this a “smoke ‘em if you got ‘em” kind of law. To date, it’s legal to have 1 ounce or less in your home or residence. Having no more than 25 plants in your home is also legal here. After that, the fines and punishment start to add up. Between 1 and 4 ounces can mean 90 days in jail and a $1,000 fine. More than 4 ounces becomes a felony with up to five years in prison and a $50,000 fine.

Selling any amount is illegal.

So people who like to smoke a joint after a long day at work can do so in the privacy of their home and not have to worry about Eliot Ness and his G-men breaking down the door.

Alaska’s somewhat liberal marijuana laws can be attributed in large part to a man named Irwin Ravin, who argued in 1972 that law enforcement officers violated his right to privacy when they arrested him for possession in his home. The state Supreme Court agreed with him.

People’s attitudes toward marijuana have changed since the Devil Weed days. One small town in Colorado is considering growing medical marijuana to keep its bills paid. Given the Obama Administration’s decision Monday, we could be seeing more of that line of thinking.

Comments

16 comment(s)

    Alaskaveritas wrote on Oct 24, 2009 11:02 AM:

    " Manufacture, transportation, and sale are still illegal. Possession under 4 ounces in the home for personal consumption is legal. However, providing marijuana to minors - even in your home - is illegal regardless of the amount. "

    Alaskaveritas wrote on Oct 24, 2009 11:00 AM:

    " Ill-ask-again - Initiative legislation that reinstated certain penalties for possession of marijuana in any place and in any amount was unconstitutional to the extent that it violated the constitutional right to privacy as articulated in the Ravin decision; the appellate court upheld the statute to the extent possible by reinstating a dividing line between private personal possession and illegal possession of four ounces, and ordered a new trial to determine which category of possession defendant fell into. Noy v. State, 83 P.3d 538 (Alaska Ct. App. 2003). "

    is that true wrote on Oct 23, 2009 8:01 AM:

    " It is my belief that the exact rules for possession int he home and plants growing is protected under the constitution AFTER Ravin defeated the State, setting a presedence.

    The question remains: WHERE IS THAT INFORMATION???? "

    About right wrote on Oct 22, 2009 9:18 PM:

    " Lawyer advocate is about right if your talking what you can get away with. In reality the law states that you can only grow for medicinal purposes. Not just anyone can grow. Pot is not legal but because so many do it and Alaskans have a right to privacy per the AK constitution the fines and penalties in most small cases are nothing. If you grew around 12 plants and didn't have it packaged for sale and were a good neighbor I would imagine you would go unnoticed. "

    ILL ASK AGAIN wrote on Oct 22, 2009 6:26 PM:

    " WHERE DID YOUR FACTS ABOUT POSSESSION AND LEGAL PLANT AMOUNTS COME FROM, LAWYER ADVOCATE?

    DOES ANYONE KNOW WHERE THESE FATS ARE LISTED?

    1. HOW MANY PLANTS IS "PERSONAL"??

    2. HOW MUCHED CULTIVATED POT CAN BE POSSESSED IN THE HOME??

    WE NEED REAL FACTS. "

    witness wrote on Oct 22, 2009 3:20 PM:

    " The Mat-Su Drug Task Force must be rolling over in their seized snow machines. Cool now they can concentrate on the real drug problems. "

    Pro Legalaize wrote on Oct 22, 2009 12:36 PM:

    " 1 pound of a plant is not realistic from one plant, a mature female in an indoor garden may produce an ounce of cured buds if grown by someone who knows indoor horticulture. . "

    CindyLou wrote on Oct 22, 2009 10:07 AM:

    " now would be a good time to open a grow/head shop! "

    Lisnup wrote on Oct 22, 2009 8:25 AM:

    " ALCOHOL should be illegal! "

    uncle jed wrote on Oct 22, 2009 3:48 AM:

    " buds keep me sober and out of jail. felonies should be reserved for crimes, not getting baked. "

    growing it wrote on Oct 21, 2009 5:28 PM:

    " I don't know what kind of set up Old McDonald has but I can't get a tomato plant to produce a lb of tomatoes and they need the same climate.
    At any rate pot should be legal and sold in state stores. I'd smoke it if it didn't kill my sinuses and make me binge eat. Those were the days.....then again pot smokers just annoy me now. Other than that Its harmless. "

    really wrote on Oct 21, 2009 3:55 PM:

    " lawyer advocate:

    where do you find that information? "

    Crazy wrote on Oct 21, 2009 12:21 PM:

    " I did not know the law allowed for distribution of marijuana for medical use or any other use. "

    Lawyer advocate wrote on Oct 21, 2009 10:28 AM:

    " Here is a break down of Alaska law, penalties and fines.

    1 oz or less in your residence or home no penalty
    1 oz to 4 oz misdemeanor 90 days
    $1,000
    More than 4 oz, or 25 or more plants felony 5 years
    $50,000
    Any amount within 500 feet of school grounds or rec. center* felony 5 years
    $50,000 "

    Will wrote on Oct 21, 2009 2:23 AM:

    " The possession and cultivation regulations in this story are not accurate.

    On August 29, 2003, the Alaska Court of Appeals reaffirmed the 1975 court decision of Ravin v. State, upholding Alaskans' constitutional right to possess and use up to four ounces of marijuana at home. In 2004, The Alaska Supreme Court upheld the 2003 decision.

    I think you have given very bad legal advice. Growing 25 pot plants can get you very arrested. The state guideline is 6 plants for personal use. The amount allowed is 4 ounces, not 1 ounce. "

    Old McDonald wrote on Oct 20, 2009 3:03 PM:

    " Do you have any idea how much pot can be harvested from 25 plants? A healthy mature plant can produce up to 1 pound. Not sure what pot is selling for these days but just for grins lets assume it's thirty dollars for a quarter of an ounce. If you know what you're doing you could harvest three times a year. Annual income could easily top $150,000. Sold it would be, because no one can smoke seventy-five pounds of pot in a year, not even a large family, pun intended. "

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