Defending Serious Drug Charges in Alaska
Alaska is one of the few states that has legalized marijuana possession, cultivation and sales in limited quantities. Even so, marijuana misdemeanor and felony charges are commonplace. So too are drug charges related to cocaine, meth, crack and heroin and prescription drugs like OxyContin.
Whether you acted as a mule carrying drugs across state lines for someone else, or you were caught with a large marijuana grow, contact our law office for an experienced criminal defense attorney.
At the Law Offices of Robert Herz, P.C., we have successfully represented hundreds of clients facing misdemeanor or felony drug charges in state and federal court. Attorney Robert M. Herz was the lead local CJA counsel in the "Dominican Cartel" cocaine case the largest federal drug case in the history of the District of Alaska, and represented a lead defendant in the "Raines and Shine" case, the largest marijuana importation case in federal court history in Alaska.
Understanding Marijuana Grow Quantities
The quantity of marijuana you have in your possession will usually determine your drug charges in Alaska.
Misconception: "I have less than four ounces on me so I'm safe."
Reality: Mere possession of an ounce or more is a class A misdemeanor, punishable by up to a year in jail and up to $10,000 in fines.
The legislature amended the marijuana laws in 2006. Possession of less than an ounce is now a class B misdemeanor classified as a violation, and subject to a fine of $100 or less and no jail time. These current statutes are in conflict with a leading 1975 case, Ravin v. State, that constitutionally protects possession of personal amounts of marijuana. The Alaska Supreme Court has not yet overruled the Ravin case or struck down these new statutes.
Misconception: "I am growing less than 25 plants so I'm safe."
Reality: You could possess fewer than 25 plants but the "aggregate weight" of those plants of marijuana in its "commonly used form" could exceed four ounces and you could be charged with a felony.
There is a method for calculating the "aggregate weight" of live marijuana plants. An adult who grows marijuana for personal use can legally possess marijuana plants that weigh more than 4 ounces so long as the marijuana produced by the plant in its "commonly used form" does not exceed 4 ounces.
Misconception: "As long as I sell less than an ounce at a time, I'm safe."
Reality: It's true that selling less than one ounce is a misdemeanor and selling an ounce or more is a felony. However, the sale of any drug while in possession of a stolen weapon can easily become a federal charge.
Anchorage Criminal Defense Lawyer for Alaska
At the Law Offices of Robert Herz, P.C., we are dedicated to criminal defense. If you have a drug charge in state or federal court, don't delay. Call our toll-free number 877-302-9579 or send us an e-mail. Your constitutional rights are not just words on paper.
