Pubdate: Mon, 23 Feb 2015
Source: Fairbanks Daily News-Miner (AK)
Copyright: 2015 Fairbanks Publishing Company, Inc.
Contact:  http://newsminer.com/
Details: http://www.mapinc.org/media/764
Author: Casey Grove

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."
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MAP posted-by: Jay Bergstrom