Vice Squad
Saturday, August 28, 2004
Alaska Personal Use Pot Wins One in Court
Last One Speaks brings our attention to a court case in Alaska concerning a fellow who was charged with growing pot in his home. It turns out that having a little bit (less than 4 ounces) of pot in your home is not going to get you in trouble with Alaska state authorities, although you could still find yourself in a mess of trouble with the feds. (As always, I am not a lawyer and I am wrong much of the time, so do not rely upon any of the "information" presented on Vice Squad.) The Alaska Court of Appeals ruled that the search warrant that led to the arrest of the alleged gardener was invalid. To obtain a search warrant, the court said, the police must have reason to believe that there is more than 4 ounces of pot in the home, or that it is being used in connection with a crime. The Alaskan Attorney General reacted to the ruling by calling for more of that 'federal meddling in state and local affairs,' the recently-cited main problem with alcohol Prohibition.
Labels: federalism, marijuana, Prohibition, search