Last week, Highly Informed tackled the topic of public cannabis use in state parks, whether it is legal (it's not), and what the difficulties of enforcement might be.
As a follow up to that discussion, "Aces Fan" wonders:
Maybe I'm missing something, but I thought it was also illegal to drink in public and that happens a lot when people go camping/hiking/fishing in the state parks. How is marijuana any different? Are the park rangers etc. going to be ticketing people for marijuana and not alcohol?
Division of Parks & Outdoor Recreation Deputy Director Claire LeClair explained the difference in an email. The key is that there is no state law prohibiting consumption of alcohol in public places. There are local laws that ban the public consumption of alcohol, but none on a statewide level.
Read more Highly Informed: Seeking answers to Alaska's cannabis questions
However, Ballot Measure 2 instituted a state statute that forbids the public use of cannabis at the state level, making it a ticketable civil violation, not a criminal one, punishable by a fine of up to $100. State regulators have temporarily clarified what "public" means, and have proposed making the definition permanent. As we discussed last week, that definition includes state parks.
LeClair said there are nine parks where state regulation prohibits possession and consumption of alcohol unless authorized by the director: Miller Point at Fort Abercrombie State Historic Park; Castle Hill State Historic Site; Eagle River Nature Center in Chugach State Park; Old Sitka State Historic Site; Totem Bight State Historic Site; Independence Mine State Historical Park Visitor Center; Big Lake North State Recreation Site; Big Lake South State Recreation Site; and Rocky Lake State Recreation Site.
So, alcohol and cannabis are different in this respect. There are nine state parks where the state prohibits alcohol possession and consumption, but not in the rest. And simply possessing cannabis in a state park is not forbidden even though consuming it there is. But will people be getting tickets for smoking pot in state parks while alcohol is freely consumed?
"State Park rangers focus their enforcement efforts on significant infractions of state law and rely on the good judgment of all park visitors to ensure everybody using the parks has an enjoyable experience," LeClair said.
So, is public consumption of cannabis in a state park a "significant" infraction of state law? Officials were not as certain.
LeClair said, "Because the law is so new, I do not have sufficient information or experience to answer your follow up question."
Department of Natural Resources spokesperson Elizabeth Bluemink summarized in an email what she had been told by Division of Parks & Recreation Director Ben Ellis: "Basically, State Parks is not going to offer any guesses about what sort of infractions may occur and how we will respond to them. We need more time and experience in implementing the law."
When reached for comment, Ellis himself wrote in an email, "The division has responded to your question and we will not be amplifying that answer."
So, yes, consuming pot in a state park might or might not get you a ticket. Would a park user's complaint about smelling pot trigger further investigation or an effort toward enforcement? Right now, that's anyone's guess.
Maybe the best way Alaskans can make certain is to ask individual rangers. After all, the burden of discretion seems to rest with them here. Maybe more clarity will come out of direct interactions.
Maybe Alaskans who are unsure could ask straight-up: "If I report fellow park users consuming marijuana, what will happen?" Or, "If I discreetly smoke marijuana around here and don't cause any other problems, would I get a ticket for it?"
Maybe the resulting mini-dialogues will hasten the experience-gathering process for the Division of Parks and eventually lead to greater clarity for Alaskans. Word to the wise, though: If you ask, try not to seem argumentative.
Have a question about marijuana news or culture in Alaska? Send it to cannabis-north@alaskadispatch.com with "Highly Informed" in the subject line.