Pubdate: Sat, 15 Jun 2013
Source: Seattle Times (WA)
Copyright: 2013 The Seattle Times Company
Contact:  http://seattletimes.nwsource.com/
Details: http://www.mapinc.org/media/409
Author: Kyung M. Song

STATE MEMBERS OF CONGRESS NOT FIRED UP TO HELP POT LAW

Backers Bemoan Lack of Action

Others Press to Square Law With Feds

WASHINGTON - It's been seven months since Washington voters legalized 
recreational marijuana in defiance of federal law - and contrary to 
the personal beliefs of most of the state's representatives in Congress.

Just four of the delegation's 12 members have acknowledged voting for 
last year's Initiative 502 to permit adults to possess small amounts 
of pot. Among those opposed were Rep. Dave Reichert of Auburn, a 
former King County sheriff, who said he was "dead set" against 
legalization, and Sen. Patty Murray, who previously voted against the 
successful 1998 state initiative for medical marijuana.

Since then, lawmakers from Colorado, Oregon, California and elsewhere 
have taken charge to amend federal restrictions on marijuana, which 
the current drug policy lists in the same class as heroin and LSD.

None of the seven pot-related bills in the House was introduced by 
members from Washington. Democratic Reps. Adam Smith of Bellevue and 
Jim McDermott of Seattle are co-sponsors of two of the bills. No 
companion bills are pending in the Senate.

With storefront pot vendors set to open their doors in 2014, the 
legislative inertia from the state's delegation has left pot 
advocates increasingly aggrieved.

Brendan Williams, an Olympia attorney and former three-term 
Democratic state representative, said personal convictions don't 
excuse the lack of action. He said lawmakers, including Rep. Cathy 
McMorris Rodgers of Spokane, the No. 4 House Republican leader, ought 
to make reconciling the state-federal legal conflict a priority.

Instead, McMorris Rodgers "seems to be dedicating her time entirely 
to repealing the Affordable Care Act," said Williams, now the state's 
deputy insurance commissioner. "That's her prerogative. But she might 
want to spend at least a little bit of her time" to protect 
Washington pot users from potential arrest.

How much more dangerous can smoking pot be than drinking, asked 
Williams, whose grandmother died of alcoholism.

Washington and Colorado are the only two states to legalize 
recreational pot. Another 15 states by July 1 will have 
decriminalized it, making possession of small amounts of marijuana a 
civil infraction akin to a speeding ticket.

In addition, 18 states and the District of Columbia have legalized 
marijuana for cancer patients and other medical users. Illinois and 
New Hampshire may soon follow.

All the states are being allowed to operate in technical violation of 
the federal Controlled Substances Act. That legal gray zone was 
outlined in a 2009 memo from Attorney General Eric Holder on how the 
Justice Department would enforce state-authorized medical marijuana. 
The memo left prosecution at the discretion of U.S. attorneys to go 
after large traffickers, while leaving alone users in clear 
compliance with state laws.

The Justice Department's review of the new laws in Washington and 
Colorado is continuing. Officially, the federal government's position 
remains that states can't nullify the Controlled Substances Act.

Alison Holcomb, chief author of I-502, thinks the Justice Department 
is likely to issue similar guidelines for recreational pot rather 
than suing to overturn the two states' laws. But turning that policy 
into law will require congressional amendment - something Holcomb 
said "our delegation has been slower" to pursue.

One way to do that, Holcomb said, is with the Respect State Marijuana 
Laws Act. The bill, which was introduced by Rep. Dana Rohrabacher, 
R-Calif., would make acts allowed under state marijuana laws no 
longer a federal crime.

Only Smith and McDermott are Washington state co-sponsors on that 
bill. One exasperated constituent of Rep. Rick Larsen pleaded on the 
Everett Democrat's Facebook page for him to sign on as well, "If for 
no other reason than nearly 10 times as many people voted for I-502 
than did for you in 2012."

McDermott defended the seeming lack of legislative urgency. With 
Congress dealing with thousands of bills and beset with 
sequestration, budget deadlock and other pressing issues, marijuana 
"is way off the radar screen."

Besides, McDermott said, the feds are unlikely to chase small-time pot users.

That kind of rationale infuriates Sam Atkinson.

Atkinson, a marijuana supporter in Gig Harbor, said the true danger 
lies for pot growers and distributors who face the risk of federal 
charges despite following state regulations. In the past four years, 
the Drug Enforcement Agency has raided at least 270 medical-marijuana 
operations, according to the advocacy group Americans for Safe Access.

Atkinson, 48, has been showering members of the delegation with calls 
and emails demanding action. He even showed up at a town-hall meeting 
hosted by his congressman, Democrat Derek Kilmer, earlier this month 
to argue marijuana is misclassified as a dangerous drug.

"I want them to tell the federal government to leave us alone," said 
Atkinson, a colorist at Lightpress, a film and video firm in Seattle 
and a Republican precinct officer in Pierce County. Anything less "is 
a dereliction of duty."

Kilmer, who opposed I-502, has said the federal government "should 
respect the will of the voters in Washington state," but is waiting 
to see what the Justice Department will do first.

Atkinson criticized McDermott for not speaking out more forcefully in 
defense of I-502. Three of four voters in McDermott's 7th District - 
one of the nation's most liberal congressional areas - backed the 
law. It passed with 56 percent of the votes statewide.

McDermott was slow to sign on to the two marijuana bills in this 
Congress - not until last week, in fact. He did co-sponsor a bill two 
years ago to declassify the drug as a controlled substance.

Atkinson also dismissed as "disingenuous" Reichert ascribing his 
opposition to marijuana to his being an ex-cop. Plenty of 
law-enforcement officers, Atkinson noted, favor legalizing and 
regulating drugs. Richert's mother used pain medication containing 
cannabis before she died of pancreatic cancer in 2011. Reichert has 
said there may be more to learn about medical marijuana, but has not 
endorsed its legalization.

Murray, too, seems to have softened her views on medical marijuana 
since she voted against it in 1998. More is known now about its 
benefits, her spokesman said, and Murray is "respectful of the fact 
that many Washingtonians use marijuana to treat chronic conditions."

Murray remains opposed to recreational marijuana, though she thinks 
the state should be given room to responsibly enforce its laws. Along 
with Smith and McDermott, two Democratic House freshmen, Reps. Suzan 
DelBene of Medina and Denny Heck of Olympia, have said publicly they 
voted for I-502.

Heck is the main co-sponsor of an upcoming bill that would allow 
banks to handle transactions for marijuana businesses without running 
afoul of money-laundering and other federal charges.

All that seems to matter little to voters disengaged from pot politics.

Doris Jennings, 87, a West Seattle resident, worries that smoking 
marijuana might lead to drug abuse. She doesn't expect lawmakers to 
get behind a law they don't believe in - even one that leaves 
constituents in legal limbo.

"I think they have to use their conscience," she said.
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MAP posted-by: Jay Bergstrom