A Juneau man has been convicted of drug misconduct for possessing oxycodone and 25 or more marijuana plants.
Scott W. Eberhardt, 28, changed his plea to guilty Thursday in Juneau Superior Court.
Police said they first arrested Eberhardt in December when they seized 181 marijuana plants from his residence on North Douglas Highway. Prosecutors said a real estate agent called police when she discovered the marijuana grow behind a newly sheetrocked area in the basement.
Eberhardt was arrested again in April when he was out on bail after authorities conducted a controlled delivery of a package, which was addressed to Eberhardt, to his new residence in the Mendenhall Valley. Prosecutors said the package contained tablets of oxycodone hydrochloride, which is a painkiller commonly known as Roxicodone. Upon executing the search warrant, police also found and seized 61 rooted marijuana plants found in his bedroom and bathroom, prosecutors said.
Eberhardt was indicted in April in connection to the latter drug bust. He was indicted on four counts of fourth-degree misconduct involving a controlled substance for knowingly possessing oxycodone, 25 or more marijuana plants and four ounces or more of marijuana, and for knowingly maintaining a residence used for keeping or distributing controlled substances.
Those are all class ‘C’ felonies which are punishable by up to five years in prison and/or a $50,000 fine.
On Thursday, Eberhardt pleaded guilty as charged for the 25 or more plants, and he also pleaded guilty to a reduced charge of attempted fourth-degree drug misconduct for the oxycodone. Attempted fourth-degree drug misconduct is a class ‘A’ misdemeanor punishable by up to one year in prison and/or a $10,000 fine.
The other two counts listed in the indictment were dismissed in accordance with a proposed plea deal reached with prosecutors.
The proposed plea agreement calls for Eberhardt to serve 24 months with 20 suspended for the felony, and six months flat for the misdemeanor.
Eberhardt also pleaded guilty to violating conditions of release for breaking the law while out on bail. That’s a class ‘B’ misdemeanor punishable by up to 90 days in prison and a $2,000 fine. The plea agreement calls for Eberhardt to serve 60 days for that offense.
Eberhardt had already previously pleaded guilty to a misdemeanor in connection to the December Douglas Highway arrest. The new plea deal calls for him to serve 60 days in that case and to pay restitution to the owner of the property.
In total, Eberhardt is to serve 14 months in prison with an additional 20 months in suspended time hanging over his head. He is also to be on probation for three years after his release.
Juneau Superior Court Judge Louis Menendez accepted Eberhardt’s pleas and will decide whether to accept the plea deal during a sentencing hearing scheduled for Aug. 15.
• Contact reporter Emily Russo Miller at 523-2263 or at emily.miller@juneauempire.com.
Comments (8)
Add commentProhibition didn't work the first time.
Aside from the oxy stuff, it's sad that we are putting a weed grower in prison at taxpayer's expense.
Prohibition didn't work in the 1930s. It's not working now.
End marijuana prohibition! Legalize weed! Tax it!
Get involved: www.norml.org
I also find it ironic that our Constitution protects 24 plants in the home, but anything above that is a felony. That law makes no sense! Either we have the right to privacy with weed, or we don't.
Aside from the oxy stuff...
he pled well.
Unless the government owns
Unless the government owns you, or your home, it has NO authority to tell you what you can, or can not put in your body, or your home.
The bigger the government, the smaller the citizen.
Take another look.
The government owns the deed on all of the above.
While I agree with some of
While I agree with some of the earlier statements on this issue, I still think Mr. Eberhardt showed very poor judgement in each of these incidents where he ended up running afoul of the judicial system.
At one time the practice of witchcraft was punishable by burning at the stake. Personally, I think such punishments were the epitome of human ignorance. In our current more enlightened society, people are allowed to dance around the Maypole with a black cat at winter solstice--or whatever it is that witches do--to their heart's content. Nonetheless, at one time such practices were done at the risk of a very brutal punishment. Therefore, in my humble opinion performing such practices demonstrated a lack of common sense and basic survival instinct.
At the current time--rightly or wrongly--one can be punished for the cultivation of cannabis. It is so stated in the judicial code. Mr. Eberhardt was fully aware of this, but seemed to have felt the risk was worth it. He played the game twice and lost both times--maybe he actually played many more times and did not lose those times, but we will probably never know about that. My point is that while there are some out there in Cyberland who feel that Mr. Eberhardt is being treated unfairly, he nonetheless knowingly broke the law and is going to have to pay for it. That is society's code at this juncture in time.
My advice to those out there is to heed the law. However, if you are going to break the law you might want to have Mr. Eberhardt's lawyer on speed dial.
Ya know....
If it were legal poor Mr. Eberhardt would have NO REASON to have so many plants in his home because there would be LEGAL means to obtain the product, thus, no market for his little endeavor
We should legalize to save money and raise revenue. The world did not end when alcohol prohibition ended and those that want to 'smoke' will do so weather its legal or not...just like the drinkers...
Who wants to keep MJ Illegal? private prisons, law enforcement (big benefits to them through seizures), drug testing industry, makers of police and prison tools and gear, big pharma, alcohol industry, and politicians
The man isn't smart and makes pot smokers look pretty stupid but it's a choice and I believe it's not my place to tell anyone what to do inside their own home.
Refer Madness
The popular Oxy use is very sad. And for a drug that takes a Doctor and Pharmacist to get, shows how weak the over regulated industry is. The law against weed will not change because of the industry built up around casual use. If weed were viewed like beer, drug testing facilities would lay off half its force, border patrol, customs and police might have to shift focus. And just for fun, google famous drug deaths, Roger Clemens and Barry Bonds aint on the list, Hollywood is. Drug test the arts. Now that would be hilarious.
oxy
Oxy kills people and if it don't it destroys the person that use it and destroyed family's
oxy
Oxy kills people and if it don't it destroys the person that use it and destroyed family's