Pubdate: Wed, 09 Feb 2011
Source: Kitsap Sun (WA)
Copyright: 2011 Kitsap Sun
Contact: http://web.kitsapsun.com/scripts/letters.html
Website: http://www.kitsapsun.com/
Details: http://www.mapinc.org/media/4404
Author: John Stang
Bookmark: http://www.mapinc.org/decrim.htm (Decrim/Legalization)

PROPOSED POT LEGALIZATION LAW COULD SET UP CONFLICT BETWEEN STATE, FEDS

OLYMPIA - Should Washington set itself up as a test case on whether 
federal marijuana laws should be repealed?

That question dominated debate Tuesday in a Washington House 
committee hearing on a bill that would legalize marijuana and allow 
its sale in state liquor stores.

The core issue discussed Tuesday is that marijuana use is illegal 
under federal law. The question of whether a state can allow its use, 
even for medical reasons, is fuzzy.

Rep.Mary Lou Dickerson, D-Seattle, introduced a bill to legalize 
marijuana use in Washington, regulate it heavily and sell it in the 
state's liquor stores. Rep. Sherry Appleton, D-Poulsbo, is one of the 
bill's 13 co-sponsors.

This is the second straight year that Dickerson has introduced such a 
bill and Appleton has co-sponsored it. In 2010, the bill died in the 
House's Public Safety and Emergency Preparedness Committee - the same 
committee holding Tuesday's hearing. The committee is scheduled to 
vote Friday on whether to move the 2011 version along; a similar bill 
is in the Senate.

Committee Chairman Christopher Hurst, D-Enumclaw, opposes the bill 
because it runs counter to federal law. Any liquor store employee 
selling marijuana could conceivably be arrested by federal law 
enforcement officers.

Hurst pointed to a Colorado medical marijuana grower who was 
sentenced in January to five years in federal prison, even though 
Colorado had licensed him to grow cannabis under that state's medical 
marijuana law.

Dickerson wants Washington to legalize marijuana in order to force 
the issue to a national legal and political stage.

"Some state has to take the lead. Yes, it'll go to court and it'll be 
on hold for a while," Dickerson said.

She contended that a state liquor employee arrested by the feds would 
not go to jail until the matter is resolved in court.

After the hearing, Hurst said: "I don't want to make a Washington 
citizen a test citizen. I don't want to see a liquor store employee 
spend five years in prison."

A 2005 U.S. Supreme Court ruling upheld the federal government's 
authority to arrest people for growing and selling marijuana. But 
Alaska allows a person to possess an ounce of marijuana, several 
other states have made medical marijuana legal, and many states have 
decriminalized it.

Washington voters approved the use of medical marijuana in a 1998 
referendum. That law is being tweaked in this legislative session.

Dickerson's bill would:

* Legalize marijuana use for adults older than 21.

* License and regulate marijuana farmers who would sell their crops 
solely to the state for sale in its liquor stores. Marijuana 
farmerswould be subject to an annual license fee of $5,000 a year. 
Marijuana imported from out of state would remain illegal.

* Levy a 15 percent state tax on each gram sold in a state liquor 
store. Seventy-seven percent of that revenue would go to the 
Washington Department of Health and Human Services; 20 percent would 
go to alcohol and drug abuse programs; and the rest would pay for 
administrative functions. Dickerson and bill supporters contended 
that tax will raise $400 million for the state.

* Prohibit the state from advertising its marijuana.

* Allow adults to grow their own cannabis as long as the garden is 
not visible to the public and does not exceed 50 square feet.

* Still make providing marijuana to someone younger than 21 illegal.

On Tuesday, legalization supporters argued that the national 
prohibition of alcohol backfired in the early 20th century, and that 
the prohibition of marijuana is backfiring for the same reasons.

"The big picture is that prohibitions don't work," said Rep. Roger 
Goodman, D-Kirkland, another bill co-sponsor.

Seattle's elected City Attorney Peter Holmes supported the legalization bill.

"Marijuana is much more like alcohol than a hard drug ... instead, I 
support the laws against driving while stoned and against selling 
marijuana to minors," he said.

Holmes and others said marijuana laws are inconsistently enforced 
from state to state and from city to city. They noted that 
African-Americans are arrested in significantly higher percentages 
than whites for marijuana possession.

"If one does not get caught, one can still become president," quipped 
Craig Burton of the National Organization for the Reform of Marijuana Laws.

The Washington Association of Sheriffs and Police Chiefs and the 
Washington Association for Substance Abuse and Violence Prevention 
led the opposition to the bill.

They contended that the dangers of marijuana were being downplayed by 
the bill's supporters and they argued that legalization would make 
marijuana easier for youths to obtain.

"Youth get alcohol from friends and siblings. That'll be the same 
case with marijuana," said Liz Wilhelm of substance abuse prevention 
association.
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MAP posted-by: Jay Bergstrom