Pubdate: Thu, 12 Mar 2015
Source: Alaska Dispatch News (AK)
Copyright: 2015 Alaska Dispatch Publishing
Contact:  http://www.adn.com/
Details: http://www.mapinc.org/media/18
Note: Anchorage Daily News until July '14
Author: Scott Woodham

FOLLOW UP: WILL TICKETS BE WRITTEN FOR POT USE IN ALASKA STATE PARKS 
BUT NOT ALCOHOL?

Last week, Highly Informed tackled the topic of public cannabis use 
in state parks, whether it is legal (it's not), and what the 
difficulties of enforcement might be.

As a follow up to that discussion, "Aces Fan" wonders:

Maybe I'm missing something, but I thought it was also illegal to 
drink in public and that happens a lot when people go 
camping/hiking/fishing in the state parks. How is marijuana any 
different? Are the park rangers etc. going to be ticketing people for 
marijuana and not alcohol?

Division of Parks & Outdoor Recreation Deputy Director Claire LeClair 
explained the difference in an email. The key is that there is no 
state law prohibiting consumption of alcohol in public places. There 
are local laws that ban the public consumption of alcohol, but none 
on a statewide level.

However, Ballot Measure 2 instituted a state statute that forbids the 
public use of cannabis at the state level, making it a ticketable 
civil violation, not a criminal one, punishable by a fine of up to 
$100. State regulators have temporarily clarified what "public" 
means, and have proposed making the definition permanent. As we 
discussed last week, that definition includes state parks.

LeClair said there are nine parks where state regulation prohibits 
possession and consumption of alcohol unless authorized by the 
director: Miller Point at Fort Abercrombie State Historic Park; 
Castle Hill State Historic Site; Eagle River Nature Center in Chugach 
State Park; Old Sitka State Historic Site; Totem Bight State Historic 
Site; Independence Mine State Historical Park Visitor Center; Big 
Lake North State Recreation Site; Big Lake South State Recreation 
Site; and Rocky Lake State Recreation Site.

So, alcohol and cannabis are different in this respect. There are 
nine state parks where the state prohibits alcohol possession and 
consumption, but not in the rest. And simply possessing cannabis in a 
state park is not forbidden even though consuming it there is. But 
will people be getting tickets for smoking pot in state parks while 
alcohol is freely consumed?

"State Park rangers focus their enforcement efforts on significant 
infractions of state law and rely on the good judgment of all park 
visitors to ensure everybody using the parks has an enjoyable 
experience," LeClair said.

So, is public consumption of cannabis in a state park a "significant" 
infraction of state law? Officials were not as certain.

LeClair said, "Because the law is so new, I do not have sufficient 
information or experience to answer your follow up question."

Department of Natural Resources spokesperson Elizabeth Bluemink 
summarized in an email what she had been told by Division of Parks & 
Recreation Director Ben Ellis: "Basically, State Parks is not going 
to offer any guesses about what sort of infractions may occur and how 
we will respond to them. We need more time and experience in 
implementing the law."

When reached for comment, Ellis himself wrote in an email, "The 
division has responded to your question and we will not be amplifying 
that answer."

So, yes, consuming pot in a state park might or might not get you a 
ticket. Would a park user's complaint about smelling pot trigger 
further investigation or an effort toward enforcement? Right now, 
that's anyone's guess.

Maybe the best way Alaskans can make certain is to ask individual 
rangers. After all, the burden of discretion seems to rest with them 
here. Maybe more clarity will come out of direct interactions.

Maybe Alaskans who are unsure could ask straight-up: "If I report 
fellow park users consuming marijuana, what will happen?" Or, "If I 
discreetly smoke marijuana around here and don't cause any other 
problems, would I get a ticket for it?"

Maybe the resulting mini-dialogues will hasten the 
experience-gathering process for the Division of Parks and eventually 
lead to greater clarity for Alaskans. Word to the wise, though: If 
you ask, try not to seem argumentative.

Have a question about marijuana news or culture in Alaska? Send it to  with "Highly Informed" in the subject line.
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MAP posted-by: Jay Bergstrom