Pubdate: Fri, 09 Dec 2011 Source: Olympian, The (WA) Copyright: 2011 The Olympian Contact: http://drugsense.org/url/51PidAHv Website: http://www.theolympian.com/ Details: http://www.mapinc.org/media/319 Bookmark: http://www.mapinc.org/decrim.htm (Decrim/Legalization) CHANGING FEDERAL LAW IS FIRST STEP IN LEGAL MARIJUANA EFFORT There is a move afoot to pass an initiative to legalize marijuana in Washington state. Gov. Chris Gregoire is going down a different path. She has petitioned the U.S. Drug Enforcement Administration to reclassify marijuana as a Schedule 2 drug, which would allow doctors to prescribe medicinal marijuana and pharmacists to fill the prescription without fear of arrest by federal authorities. Gregoire's is the more legally sound approach because a legalization initiative would put Washington law in conflict with federal drug laws. Public views on the legalization issue are strong on both sides. Hoping to capitalize on a shift in public attitudes in favor of legalization of small amounts of marijuana, supporters have drafted Initiative 502 -- an initiative to the Legislature. The measure decriminalizes and taxes recreational use of marijuana with a system of state-licensed growers, processors and stores with a 25 percent excise tax imposed at each stage. Under the initiative, adults 21 and older could buy up to an ounce of dried marijuana, one pound of a marijuana-infused product sold in solid form such as brownies, or 72 ounces of marijuana-infused liquids. It would be unlawful to operate a motor vehicle with more than 5 nanograms of THC, the active ingredient in marijuana, per milliliter of blood. Supporters say the state could -- conservatively -- generate $215 million a year in tax revenue under the legalization measure. Initiative backers have until Dec. 30 to collect 241,153 signatures to put the matter squarely before lawmakers for the 2012 Legislative session in January. Legislators would have three options: pass the legalization initiative into law, pass an alternative version and send both to the ballot, or ignore the initiative in which case it would advance to the November 2012 ballot. The legalization push gained considerable traction recently when two former Seattle U.S. attorneys and the former head of the local FBI office climbed aboard the bandwagon. But Initiative 502 faces serious legal pitfalls. Not only could federal agents raid and shut down the state-licensed pot growers and retail stores, they could ask a judge to simply throw out the entire decriminalization system on the grounds that it is in direct conflict with federal law. Whether states like Washington and Colorado can get away with enacting legalized distribution systems -- whether they can regulate a substance that is illegal under federal law -- is unclear. That's why Gregoire has aimed her effort at the federal level. Change the federal classification of marijuana, the governor says, and the state would have clear authority to license and distribute marijuana to medical patients -- as authorized by voters through Initiative 692 in 1998. The measure passed with a 59 percent favorable vote. The governor was joined in her request by Gov. Lincoln Chafee, an independent from Rhode Island. "Poll after poll shows an overwhelming majority of Americans now see medical marijuana as legitimate," Gregoire said. "Sixty percent of voters in our state said yes on a 1998 ballot measure. An ever-growing number of doctors now tell thousands of suffering patients they may find relief from the unique medicinal qualities of cannabis. There is simply no question that pharmacists could safely and reliably dispense cannabis to patients -- just as they do for other controlled and more problematic drugs." The federal Drug Enforcement Agency classifies marijuana as a Schedule 1 drug. According to the DEA, drugs listed in Schedule 1 have no currently accepted medical use in treatment in the United States and, therefore, may not be prescribed, administered, or dispensed for medical use. Gregoire and Chafee urged the DEA to list marijuana as a Schedule 2-V drug -- a drug that has accepted medical use and may be prescribed, administered, or dispensed for medical use, with controls. Without the change in federal classification and with state law at odds with the federal law, Gregoire said medicinal marijuana patients find themselves caught in the middle. "People weak and sick with cancer, multiple sclerosis, and other diseases and conditions suddenly feel like -- or in fact become -- law breakers," she said. "In the year 2011, why can't medical cannabis be prescribed by a physician and filled at the drug store just like any other medication? The answer is surprisingly simple. It can. But only if the federal government stops classifying marijuana as unsuitable for medical treatment." Getting the feds to reclassify marijuana would clear the path for medicinal use and bring more certainty than the gamble that the feds will turn a blind eye to a decriminalization law passed by the Legislature or voters. - --- MAP posted-by: Jay Bergstrom