Pubdate: Wed, 22 Jul 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: Jerzy Shedlock

APD SEIZES ANCHORAGE POT DELIVERY SERVICE'S CARS, BUT OWNER VOWS TO DRIVE ON

In the past two months, police have seized two cars from an Anchorage 
marijuana delivery service. The owners said they've been left in the 
dark about when -- or even if -- their property will be returned.

Experts say current search and seizure laws allow law enforcement to 
take and hold the property, though they contend the Alaska 
Legislature needs to rethink the laws in terms of a ballot initiative 
that legalized recreational marijuana in Alaska.

Michael Crites, who owns Absolutely Chronic Delivery Company along 
with his wife, said two Anchorage Police Department stings in recent 
months resulted in the loss of two cars tied to the business.

About two months ago, Crites was delivering a donation to an 
apartment building off Brayton Drive in South Anchorage. He said ACDC 
is only a delivery service and all funds received are "donations."

"When I got to the door, I had an invoice with all the donation 
information," Crites said. The delivery went off without a hitch, but 
when Crites tried to drive out of the apartment building's parking 
lot he was surrounded by police. Six to eight officers drew their 
weapons, he said.

Crites said his wife and 75-year-old father were in the car.

He said he asked what the swarm of police was about; he was told they 
didn't have to say. After pressing, an officer allegedly said his 
vehicle was being seized due to the "marijuana transaction." Officers 
also took his cellphone, wallet and a large amount of cash, he said.

Crites said he had about a kilo of pot and $9,000 in his car. He'd 
pick up the product from a supplier who he says donates time and 
money to ACDC. The marijuana goes to everyday people -- doctors, 
lawyers, coffee-stand workers, he said -- and patients who can't 
leave their homes.

Recreational legalization allowed Alaskans to possess and transport 
up to 1 ounce of marijuana. People are also able to give each other 
up to 1 ounce of marijuana, or six immature plants.

On Wednesday, police seized another vehicle from a driver working for 
the company. The bust occurred outside a West Anchorage hotel after 
the driver finished a delivery. The driver's cellphone was taken too, 
Crites said.

"All the police have done is show up with automatic weapons and take 
our vehicles," Crites said. "We're for the people. We're designed for 
the people. If it ever goes to trial, I'll bring in all of our 
patients to explain what we do."

As for getting his property back, Crites said the police for the most 
part have been unresponsive to his requests for information. APD has 
replied to Crites that the two vehicles are evidence and part of an 
ongoing investigation.

Police spokesperson Renee Oistad said on Friday that she could not 
discuss the investigation into ACDC. She said police can seize 
property with probable cause.

"Evidence that is seized for the purpose of being searched will be 
returned to the owner once the search warrant is obtained and served. 
This is the case with the ACDC vehicle," Oistad said.

She added that there is no set time limit for how quickly the search 
warrant must be obtained.

"The police do apply for the warrant as quickly as reasonably 
possible," she said. Once the warrant is obtained, police have 10 
days to serve it.

Evidence that is seized for use at a trial is held until the case 
concludes, either through a plea deal or a jury decision. Seized 
contraband, like illegal drugs, will never be returned.

Ben Adams -- aka Alaska Pot Attorney, a former public defender turned 
marijuana business lawyer -- said law enforcement seizes property 
like vehicles through asset forfeiture. Additionally, Alaska law also 
allows for an investigative seizure in instances where police believe 
criminal activity has occurred, he said.

What has been reported on ACDC certainly appears to fall within the 
bounds of the state's search and seizure law, Adams said.

"It's an extremely common problem, especially when it comes to 
marijuana. It happens all of the time," Adams said. "I think the 
reason is that the Legislature hasn't necessarily amended the 
criminal law yet; nor have any of the courts, especially the appeals 
or supreme courts, made any rulings that interpret the ballot measure 
in terms of what the police can do."

Adams said he's been telling groups like ACDC that they're running 
the risk of losing property. Another marijuana delivery business, 
Discreet Deliveries, has been called illegal by the state. One of its 
delivery drivers was arrested in a sting in January and is facing 
criminal charges, while another was busted in June. In that latter 
bust, the driver's car and cellphone were seized but the driver 
wasn't arrested, similar to the ACDC busts.

Bruce Schulte, who sits on the state's Marijuana Control Board, said 
the only laws changed by the passage of the ballot initiative deal 
with personal cultivation and possession.

"The way I see it, anything commercial, anything involved in the 
production, sale or distribution of marijuana, really hasn't 
changed," Schulte said. "The applicable laws are those that were in 
effect a year ago."

He added he "hates" forfeiture laws and thinks they are abused here 
and elsewhere.

"It's an intrusion on people's lives and their property rights. With 
that said, I think law enforcement has legacy laws to fall back on, 
and until the Legislature takes a look at those, there's a huge 
risk," Schulte said. "I want all potential businesses to succeed. But 
I would tell any friend looking to get into the business, and it 
comes up a lot, don't do anything you wouldn't have done a year ago," 
when Alaskans legalized recreational pot.

Crites said he considers the car gone for good. He'd like to get it 
back, but he isn't going to dwell on its seizure. People have already 
donated new vehicles -- "beaters with heaters," he says -- to the 
business. He plans to keep delivering marijuana, he said.

"One of the biggest points we want to make: Stopping it is not 
possible," Crites said. "I'm optimistic about the future. We have 
people wanting to drive for us on a daily basis despite the police 
taking our vehicles."

He said if police return "our 'seized' products," the marijuana would 
be "donated" to cancer patients and other members with illnesses.
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MAP posted-by: Jay Bergstrom