Pubdate: Wed, 17 Sep 2003 Source: Associated Press (Wire) Copyright: 2003 Associated Press Author: Mike Chambers, Associated Press Writer ALASKA POLICE TOLD TO KEEP PROBING POT USE JUNEAU, Alaska - The state attorney general told Alaska law officers Tuesday to continue to confiscate all marijuana, even though a state appeals court made it legal for people to possess up to four ounces in their homes. Officers should investigate the cases in a manner that would allow for federal prosecution, Attorney General Gregg Renkes wrote to the public safety commissioner. Possession of marijuana remains a federal crime. "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. The Alaska Court of Appeals ruled Aug. 29 in the case of David Noy, a man arrested for having marijuana in his home in the town of North Pole, near Fairbanks. The decision was based on broad right to privacy provisions in the Alaska Constitution. It struck down a 1990 voter initiative that criminalized possession of any amount of marijuana. Renkes has filed court papers asking the appellate court to rehear arguments in the case. U.S. Attorney Tim Burgess in Anchorage said his prosecutors will continue to review marijuana cases on a "case by case basis." But he would not say whether they will dedicate more resources to take on cases involving small quantities of marijuana found in homes. Bill Satterberg, the attorney who represented Noy, called the state attorney general's action "saber rattling," adding that increased federal involvement could invite another legal challenge. - --- MAP posted-by: Beth