Get Active Subscribe Support Us

FEDS NOT EXPECTING MORE POT POSSESSION CASES

ANCHORAGE - With marijuana set to be legal in Alaska but still a controlled substance under federal law, the U.S.  Attorney in the state and the head ranger for Denali National Park and Preserve both say they do not expect to prosecute more pot possession cases.

The U.S.  Attorney for Alaska, Karen Loeffler, said simple, misdemeanor marijuana possession cases are not something her office prosecutes often, so when the recreational use of marijuana on private property becomes legal Tuesday, not much is expected to change for federal prosecutors.  While they will continue to focus on drug organizations, whether selling marijuana or not, federal prosecutions will continue to be aimed at violent and gang-related operations, Loeffler said.

Meantime, marijuana possession continues to be illegal on federal land, including parks such as Denali.  But at Denali, only a couple people per year get the $150 fine for pot anyway, and unless a smoker is bothering other visitors or involved in some other crime, a ranger likely will use their discretion not to issue a citation, said John Leonard, the acting chief ranger at Denali.

"There's a lot bigger fish to fry," Leonard said.  "We try to look at the big picture."

The rangers' priority is to protect the park's visitors and natural resources, Leonard said.  That means making sure someone smoking marijuana or drinking alcohol does not have a negative impact on other visitors, he said.  But park rangers have a different sort of discretion, and it is important to have perspective and "levity," Leonard said.

"If myself, or a ranger that works for me, finds somebody looking at the sunset smoking some pot, they're not a bad person, they're not Bonnie and Clyde.  To put that in the court system?" Leonard said.  "Though sometimes we have to do it.  We can't look the other way.  There's using discretion and there's looking the other way.  We can't look the other way.  Denali ain't open for pot smoking."

Younger rangers might have a harder time using that discretion, Leonard said.

"As folks get older, they get more perspective and they understand there's that cost-benefit analysis," he said.

Similarly, Loeffler said she only has so many assistant U.S.  attorneys, and they are dealing with more serious issues, both criminal and civil.  Loeffler said her office is still waiting to see the regulatory structure the state sets up in the months to come on how cultivating and selling marijuana will work.

"Obviously if there's a danger to public safety we'll take whatever tools we have, whatever it is and try to protect the public," Loeffler said.  "Some cases we're doing, involving violent gangs, violence to people and depredation on the community.  That's what we'll continue to do."

Asked if federal agencies would respect state regulations allowing marijuana cultivation, once they are written, Loeffler said it was a conversation to have in the future.

"In the sense of, if it's in contrast to our guidelines and our view of protecting the public, we'll have that conversation with the state when we have it.  But right now I'm simply deferring to the state to implement their own system.  That's theirs to do," Loeffler said.

Loeffler stopped short of saying that meant the federal government would not prosecute marijuana-only crimes in Alaska.

"I'm not going to come out and say, 'Here's our waiver.' We just don't do that," Loeffler said.  "A written letter that says, 'Here's our waiver? We promise not to prosecute federal law no matter what?' No."