
Alaska Supreme Court Restricts Marijuana Search Warrants 9/3/04
It's getting tougher and tougher for cops in Alaska to bust people for pot. Since the state Court of Appeals last year reaffirmed a 1975 Supreme Court ruling legalizing the possession of marijuana for personal use in one's own home, police have been unable to arrest people for possession of less than four ounces in their homes. Now, an August 27 Court of Appeals ruling holds that police cannot seek or execute a search warrant for a person's home for marijuana unless there is reason to believe there are more than four ounces of it.
The ruling came in the case of Leo Richardson Crocker Jr., who was charged with "controlled substance misconduct" after police searched his home and found marijuana and grow equipment. A lower court ruled the search warrant should never have been issued because there was no evidence Crocker possessed more than four ounces of marijuana, and the Court of Appeals last week upheld that ruling.
The Court of Appeals decision in State v. Crocker is available at http://touchngo.com/ap/html/ap-1949.htm online.
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On November 2, 2004, Alaska voters will decide whether to regulate marijuana or keep it in the criminal market. Specifically, the initiative has the following three provisions:
- It removes the threat of arrest and jail for adults aged 21 and older who use marijuana without harming others.
- It prompts the state legislature to implement a system for the manufacture, taxation, and sale of marijuana so that adults who use marijuana must obtain it from a legally regulated market, rather than from the criminal market.
- It maintains penalties for distributing marijuana to minors, smoking marijuana in public, and driving while under the influence of marijuana.
http://www.regulatemarijuanainalaska.org/home/
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