Pubdate: Thu, 08 Nov 2012
Source: Seattle Times (WA)
Copyright: 2012 The Seattle Times Company
Contact:  http://seattletimes.nwsource.com/
Details: http://www.mapinc.org/media/409
Author: Jonathan Martin
Page: 1

POT LEGAL DEC. 6, 'JURY IS OUT ON WHAT HAPPENS' AFTER THAT

Washington's grand social experiment with marijuana legalization
begins Dec. 6 with a simple step: On that date, it is legal to have an
ounce of the stuff, and there is little the federal government can do
about it.

But how the state takes the next big step - transforming the marijuana
black market into a closed, regulated and taxed marketplace - is
unclear. And the federal government didn't help clarify its potential
response on Wednesday.

The U.S. Department of Justice and U.S. Attorney Jenny Durkan, of
Seattle, declined to answer questions about the conflict between the
federal ban on marijuana and the new state law legalizing it for
recreational use. A DOJ statement reminded voters that the federal ban
"remains unchanged," and said the agency was reviewing the
legalization measures, here and in Colorado.

Even as legalization proponents celebrated the historic confrontation
with the federal drug policy, the state began the yearlong job of
setting up a marijuana market. Which means within a month, you can
possess marijuana and use it in private, but there's no place to
legally buy it.

Gov. Chris Gregoire, speaking on KUOW radio on Wednesday morning, said
she hoped to work closely with the next governor on Initiative 502
before she leaves office in January.

"The jury is out on what happens," said Gregoire, referring to the
federal response. "Meanwhile, my job as governor is to do what the
people of the state of Washington have said they want done."

Bob Ferguson, the incoming state attorney general, said he could not
predict the federal response. "I'm 100 percent looking forward to
defending the will of the people and will defend it
vigorously."

The federal government has several options to respond to I-502,
including suing to block creation of a legalized marijuana market,
said Hugh Spitzer, a University of Washington constitutional-law professor.

"I'm not saying they will. I'm saying they could," said
Spitzer.

But what they cannot do is force Washington to reverse course and ban
small amounts of marijuana possession, he said. "Under the U.S.
Constitution, the federal government can't force a state to make
something illegal."

The DOJ could also simply continue to enforce federal drug law,
including arresting people who get state marijuana-growing and
retailer licenses.

That's what Attorney General Eric Holder threatened to do before a
2010 marijuana-legalization vote in California, and is what former
Drug Enforcement Administration chiefs asked Holder to do before
Tuesday's vote. Instead, the DOJ was silent.

Peter Bensinger, DEA chief from 1976 to 1981, believes the feds will
act. "I can't see the Justice Department doing anything other than
enforce the law. There's no other out," he told The Associated Press.

Seattle City Attorney Pete Holmes, a vocal supporter of I-502, said a
federal lawsuit would be premature, since no state-licensed marijuana
store will open until at least December 2013.

"There's no reason to think there won't be an adult conversation with
the feds," said Holmes. "I don't think for a minute they're going to
blindly ignore the voice of the voters. They need to recognize that
prohibition is not working."

That is also the hope of Colorado's Amendment 64 campaign, said
spokeswoman Betty Aldworth. "At this point, we are cautiously
optimistic that the federal government will respect the will of voters
in Colorado and Washington and allow us to regulate marijuana as we
best see fit."

Meanwhile, the Washington state Liquor Control Board (LCB) has begun
planning for how to build marijuana regulations "from the ground up,"
it said in a statement Wednesday.

Board member Chris Marr said the agency will get input from experts,
including the medical-marijuana industry, law enforcement and
drug-treatment providers, and will likely hold public meetings around
the state.

"It needs to be a very public dialogue about this, because it's pretty
groundbreaking."

Although the federal response was unclear, Marr said the revenue
potentially generated by I-502's steep marijuana sin taxes - estimated
at potentially $1.9 billion over the first five years - will focus
attention on getting the market up and running, he said.

"By anyone's estimate, that's a lot of new, un-earmarked revenue for
the state," he said.

Despite the uncertainties, enthusiasm for legalized marijuana seemed
boundless, at least in Seattle. Several medical-marijuana
dispensaries, including Have A Heart CC in North Seattle, reported
people filling storefront shops Wednesday even though they weren't
authorized patients.

Ryan Kunkel, co-founder of Have A Heart, said the customers seemed to
assume marijuana was legal now, so it should be available to buy.
"There seems to be some miscommunication out there," he said.

Staff reporter Bob Young contributed to this report.

[sidebar]

I-502 results

As of 10 p.m. Wednesday

Yes

55.35%

1,177,706

No

44.65%

950,081

Legalizing pot

Key provisions of Initiative 502:

Possession: Strips state criminal penalties, starting Dec. 6, for
small possession (1 ounce dried form, 72 ounces liquid, 1 pound solid
form) for people 21 and older. Public use becomes an infraction.
Until Dec. 6, marijuana possession remains a crime.

Sales: By December 2013, state to issue licenses for cannabis
retailers, growers and food processors; imposes 25 percent excise tax
at each level, funding research, prevention and health care.

Medical marijuana: Does not change state medical-marijuana law; no
home grows except for patients.

DUI: Adds new limit for marijuana impairment.
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MAP posted-by: Matt