Pubdate: Thu, 08 Jan 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: Laurel Andrews

ALASKA LAW ENFORCEMENT STILL UNTANGLING NEW FRONTIER OF LEGAL POT

For anyone working in Alaska law enforcement, Feb. 24 should be 
circled in red on the calendar. That's the day recreational marijuana 
use becomes legal in Alaska, and officials are still piecing together 
how the voter initiative's mandates might play out for their agencies.

With less than two months remaining, there's still no shortage of 
unanswered questions.

"We're flying by the seat of our pants,"Anchorage Police Department 
Chief Mark Mew said.

Mew and Cynthia Franklin, director of the Alcoholic Beverage Control 
Board, which is overseeing implementation of the initiative, offered 
some insight into the challenges and changes law enforcement is 
confronting as the deadline approaches, and what citizens might be 
able to expect in the first months of legalization.

Public consumption tops list of concerns

Right now, APD's focus is on the short term -- the months between 
when the initiative goes into effect and when additional regulations 
are crafted. That's the time when APD will have "no additional 
guidance from the Legislature," Mew said.

One of the most pressing issues facing law enforcement is how public 
consumption will be handled. Come Feb. 24, people 21 and older can 
legally possess up to 1 ounce of marijuana. But they can't legally 
smoke it in public.

The initiative states that a person smoking pot in public is subject 
to a fine "up to" $100, but what will the actual fine be and what is 
the definition of "public"?

Officers need those aspects of the law defined before Feb. 24. 
Otherwise, Mew said, "we have the authority to enforce a law that 
doesn't exist."

Questions like these may need to be addressed by emergency 
regulations, Franklin said. Such regulations, temporary placeholders 
until final laws are ironed out, would offer guidance to law enforcement.

Local municipalities may also enact their own public consumption 
laws, Franklin said. The Municipality of Anchorage Department of Law 
is already working on it and has drafted an ordinance that would 
address these questions. The ordinance defines public use and 
proposes a fine of $100 -- the maximum allowable under the initiative 
and the same as the penalty for public consumption of alcohol.

Another factor to consider: If a person is caught smoking in public, 
the marijuana may be seized as contraband, Mew said. The same holds 
true for alcohol, which APD officers will seize if they find people 
drinking in public spaces, he said. Still, Mew stressed that at this 
stage, "nothing is set in stone."

Some activities still illegal

The Alaska Legislature convenes Jan. 20, and legislators have already 
stated intentions to introduce a variety of legislation related to 
marijuana. The public can expect pot to be a major topic this session.

The initiative mandates that regulations be in place by Nov. 24, 
2015. But while the rules are ironed out, one thing is clear: Old 
statutes still apply for any marijuana activity that is not 
explicitly addressed under the initiative.

Between the time the initiative goes into effect and when new laws 
are crafted, "you can count on the fact that the law is going to be 
exactly the same," Franklin said.

For example, she said, if someone under 21 is found possessing 
marijuana, "they're going to be looking to the exact same statutes 
that they have on the books now."

Possessing and transporting more than 1 ounce of marijuana will also 
still be a crime, Mew said.

Black-market dealers will also still be acting criminally. "That's 
still a felony and we're still going to make marijuana cases, 
presumably," Mew said.

What shape the final regulations and laws will take is still up in 
the air. For instance, Franklin posited, will selling marijuana 
without a license entail a criminal penalty or a civil one?

Regulators face numerous questions like these going forward. "It's a 
whole new world," Franklin said.

APD and the ABC Board are two of many Alaska agencies sending 
representatives to an upcoming marijuana conference in Colorado 
hosted by the Colorado Association of Chiefs of Police. Officials 
hope the conference will bring some clarity to what has worked and 
what has failed in the first state to legalize marijuana.

Fairbanks police chief Randall Aragon said he was deferring questions 
regarding upcoming enforcement until after the conference, which he 
hoped would provide insight into how public safety will function. 
Aragon said several members of his staff would be attending.

Alaska State Troopers declined to comment for this story. 
Spokesperson Beth Ipsen wrote that "it's still early in this effort 
and everything is still being worked on." She referred interested 
parties to the ABC Board's list of frequently asked questions about marijuana.

Meanwhile, at least for APD, numerous administrative changes are also 
on the horizon. New computer codes for offenses such as smoking in 
public need to be created, and the department's computer system for 
tracking marijuana offenses needs to be modified. Eventually, APD's 
code tables will need to add roughly two dozen new civil offenses 
mandated by the initiative.

"The devil's always in the details," Mew said.
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MAP posted-by: Jay Bergstrom