ALASKA POLICE TOLD TO KEEP PROBING POT USE

JUNEAU, Alaska - The state attorney general told Alaska law officers
Tuesday to continue to confiscate all marijuana, even though a state
appeals court made it legal for people to possess up to four ounces in
their homes.

Officers should investigate the cases in a manner that would allow for
federal prosecution, Attorney General Gregg Renkes wrote to the public
safety commissioner. Possession of marijuana remains a federal crime.

"This includes seizing and treating as evidence all marijuana found, even
if under four ounces in the home, and writing reports documenting the
investigation," Renkes wrote.

The Alaska Court of Appeals ruled Aug. 29 in the case of David Noy, a man
arrested for having marijuana in his home in the town of North Pole, near
Fairbanks.

The decision was based on broad right to privacy provisions in the Alaska
Constitution. It struck down a 1990 voter initiative that criminalized
possession of any amount of marijuana.

Renkes has filed court papers asking the appellate court to rehear
arguments in the case.

U.S. Attorney Tim Burgess in Anchorage said his prosecutors will continue
to review marijuana cases on a "case by case basis."

But he would not say whether they will dedicate more resources to take on
cases involving small quantities of marijuana found in homes.

Bill Satterberg, the attorney who represented Noy, called the state
attorney general's action "saber rattling," adding that increased federal
involvement could invite another legal challenge.