Pubdate: Tue, 27 Aug 2013
Source: Washington Times (DC)
Copyright: 2013 The Washington Times, LLC.
Contact:  http://www.washingtontimes.com/
Details: http://www.mapinc.org/media/492
Author: Valerie Richardson

SENATE PUSHES FOR POT POLICY

Wants Justice Input on Enforcement Conundrum

The Senate Judiciary Committee chairman announced Monday that the 
panel will hold a hearing on marijuana, the latest effort to smoke 
out the Justice Department's input on the conflict between state and 
federal pot laws.

The hearing, scheduled for Sept. 10, comes 10 months after Colorado 
and Washington state voters legalized recreational marijuana in the 
November 2012 election.

Since then, federal and state lawmakers have repeatedly asked the 
Justice Department for guidance on how to proceed with the newly 
passed laws, which run afoul of federal law prohibiting marijuana 
consumption and sales.

Invited to testify at the hearing are Attorney General Eric H. Holder 
Jr. and Deputy Attorney General James Cole. Mr. Holder said in a 
speech before the National Association of Attorneys General that he 
would issue guidance "soon," adding, "We're in the last stages of that review."

That was Feb. 26. So far, the department has released no advisory 
clarifying the state-federal conflict.

"It is important, especially at a time of budget constraints, to 
determine whether it is the best use of federal resources to 
prosecute the personal or medicinal use of marijuana in states that 
have made such consumption legal," said Sen. Patrick J. Leahy, 
Vermont Democrat and the committee chairman, in a statement.

"I believe that these state laws should be respected. At a minimum, 
there should be guidance about enforcement from the federal government."

Twenty states and the District of Columbia have passed laws 
permitting medical-marijuana use. In 2009, the Justice Department 
issued a memo allowing states leeway in regulating medical marijuana.

Dan Riffle, director of federal policies for the Marijuana Policy 
Project, expressed frustration with the lack of federal action, 
saying that lawmakers need to "adopt an evidence-based approach for 
the 21st century."

"By failing to recognize the decisions of voters and legislators in 
those states, current federal law is undermining their ability to 
implement and enforce those laws," Mr. Riffle said in a statement. 
"Marijuana prohibition's days are numbered, and everyone in 
Washington knows that. It's time for Congress to stop ignoring the 
issue and develop a policy that allows states to adopt the most 
efficient and effective marijuana laws as possible."

At this point, officials in Colorado and Washington state are 
proceeding as if they have a federal go-ahead. Both states have drawn 
up regulations for recreational marijuana, despite concerns over 
conflicts with federal laws that forbid, for example, banks from 
accepting money from drug operations.

In Colorado, the state Department of Revenue enacted emergency 
regulations in order to comply with the July 1 deadline under 
Amendment 64, the legalization initiative approved by a margin of 55 
percent to 45 percent.

The first Retail Marijuana Establishment Licenses may be issued Jan. 
1. Local councils in more than 20 Colorado cities, including Colorado 
Springs, have voted to ban retail marijuana businesses within their borders.

The Denver City Council was slated to vote Monday on placing a 
proposed 3.5 percent retail pot tax on the Nov. 5 ballot. In that 
same election, voters statewide will decide on the state 
legislature's 15 percent proposed marijuana excise tax and sales tax 
capped at 15 percent.

Meanwhile, the Washington State Liquor Control Board is working on 
finalizing regulations in time for the Dec. 1 deadline set by 
Initiative 502, the marijuana legalization measure voters approved by 
a margin of 56 percent to 44 percent.
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MAP posted-by: Jay Bergstrom