Pubdate: Sat, 22 Sep 2012
Source: Seattle Times (WA)
Copyright: 2012 The Seattle Times Company
Contact:  http://seattletimes.nwsource.com/
Details: http://www.mapinc.org/media/409

INITIATIVE 502 PITS THE PEOPLE OF WASHINGTON AGAINST THE FEDERAL GOVERNMENT

Even if Initiative 502 passes, marijuana use would still be prohibited
by federal law. Passage would thrust the issue of legalization into
the national spotlight.

In the 1990s the people of Washington wanted marijuana for use as
medicine. Federal law forbade it, and politicians in Olympia would not
push back. The people turned to the initiative power.

In 1998 they passed Initiative 692, making Washington one of the early
medical-marijuana states along with Alaska, Oregon and California.

Now 18 states and the District of Columbia allow cannabis for
medicinal use, and a push begins in the early states to allow it for
general use.

Again, federal law says no. Again, state politicians are unwilling to
push back, and again, the people turn to the initiative power.

California, the first medical-marijuana state, voted on a legalization
measure, Proposition 19, two years ago. It fell three and a half
points short, thanks partly to the illicit marijuana growers, who 
opposed it.

Now come legalization initiatives in Washington, Colorado and Oregon.
This state's I-502 is backed by the American Civil Liberties Union,
Seattle City Attorney Peter Holmes and former U.S. Attorneys John
McKay and Kate Pflaumer.

Washington's existing marijuana law, which now makes possession of up
to 40 grams - the equivalent weight of the tobacco in two-and-a-half
packs of cigarettes - a misdemeanor. Amounts of marijuana greater than
that are a felony, as is growing it or selling it.

To be convicted of a felony is to have a serious criminal record, and
even a misdemeanor conviction can deprive a university student of
federal aid.

Drug convictions have hit particularly hard on African-American and
Latino youth, who are equally likely to use marijuana as white youth,
but much more likely to be arrested and convicted.

Washington's medical-marijuana law does not repeal the underlying drug
law. It offers an escape from penalties for medical patients with the
right sort of permission.

I-502 would authorize marijuana as a commercial product. The state's
Office of Financial Management describes it as a measure to create "a
closed, highly regulated industry" of licensed growers, processors and
shopkeepers selling a product processed, packaged and branded under
state rules.

Of course, marijuana would still be prohibited under the federal
Controlled Substances Act - and federal law trumps state law. Because
of this, Gov. Chris Gregoire and the men who hope to succeed her,
Attorney General Rob McKenna and former U.S. Rep. Jay Inslee -
attorneys all - decline to support I-502.

But federal law bans medical marijuana as well. Washington has had
medical marijuana because people here voted for it, their local
politicians supported them and because federal officials chose to allow it.

I-502 is a way for voters of Washington to push for the next step:
legalization.

It is possible that a few weeks from now, Washington, Oregon and
Colorado will say to federal authority:

"We intend to decriminalize marijuana for general adult use. We'll do
it a responsible way. We'll regulate it. We'll tax it. We'll keep
organized crime out of it. And we intend to do this unless you stop
us."

President Obama - or President Romney - would be under no obligation
to agree to this. He might. If he did not, his rejection would make
marijuana legalization a live national issue.

Right now it is not. In two months, it could be.
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MAP posted-by: Matt