Pubdate: Thu, 29 Nov 2012 Source: International Herald-Tribune (International) Copyright: International Herald Tribune 2012 Contact: http://global.nytimes.com/?iht Details: http://www.mapinc.org/media/212 Author: Jack Healy Page: 1 VOTES TO LEGALIZE MARIJUANA SOW CONFUSION IN U.S. STATES Anthony Orozco, a 19-year-old community-college student, was driving home from a Walmart store with a few friends in this western U.S. state one day recently when he was pulled over by the police. After an officer found marijuana in the car, he was issued a summons for possession and drug paraphernalia - petty offenses each carrying a $100 fine - and given a court date. "We get treated like criminals," Mr. Orozco said. But is he one? In the recent American elections, residents of Colorado and Washington State broke a longstanding taboo and voted for the legalization of recreational marijuana use. As the first American states to treat small amounts of marijuana like alcohol, they are poised to become national test cases for drug legalization. But no one said it would be simple. In the uncertain weeks after Colorado's vote, where the measure passed with 55 percent support, contradictory reactions by law enforcement officials across the state have laid bare a deep ambivalence about the big green experiment. Most ambivalent of all is the federal government, which still plans to treat the sale and cultivation of marijuana as federal crimes. In Colorado, some police departments and prosecutors have dropped hundreds of misdemeanor marijuana cases, or stopped charging adults 21 years and older for small-scale possession that will be legally sanctioned once the laws take effect next month. Prosecutors in more conservative precincts have nonetheless vowed to press ahead with existing marijuana cases and are still citing people like Mr. Orozco for possession. At the same time, several towns from the Denver suburbs to the western mountains are voting to block new, state-licensed retail marijuana shops from opening in their communities. "This thing is evolving so quickly that I don't know what's going to happen next," said Daniel J. Oates, the police chief in Aurora, just east of Denver. Regulators in Washington State are also scratching their heads. And in looking around for guidance on how to set up a system of licenses for production, manufacturing, distribution and sales - all by a deadline of Dec. 1, 2013 - they say that Colorado, for better or worse, is still ahead of most states in figuring out the new road. "Colorado has a more regulated market, so they will be a good guide," said Brian E. Smith, a spokesman for the Washington State Liquor Control Board. But no place or system, Mr. Smith conceded, can do more than suggest what might and might not work. "There's no real precedent for us to follow," he said. Washington's law, I-502, takes effect on Dec. 6, which also leaves a year of limbo during which the state licensing system to buy marijuana will not yet exist, but legalized possession will. Thorny mechanical questions that must be resolved during that year are already making waves, like for example, how many licensed marijuana stores might be needed to fulfill the law's mandate of "adequate access to licensed sources of useable marijuana." The requirement of "adequate access," which is intended to make sure an illegal market does not still flourish to fulfill unmet demand, could in turn bump up against other provisions of the new law, banning legal cannabis businesses from operating near a school, park, playground or child care center. Many of those zones tend to overlap, which could mean a requirement of access on one hand and a prohibition on the other. "Nowhere will it be more difficult to site a licensed cannabis business than in urban areas, particularly in the Seattle metropolitan area," says Ben Livingston, a spokesman for the Center for Legal Cannabis, a recently formed research group. As advocates and state officials plan for a new frontier of legalized pot sales, they are also anxiously waiting for direction from the federal government. Many hope the Justice Department will yield; despite some high-profile arrests of medical-marijuana patients and sellers, the federal government has mostly allowed medical marijuana businesses to operate in Colorado, Washington and 16 other states. For his part, Mr. Oates, the police chief in Aurora, Colorado, sent his officers an e-mail on Nov. 21 announcing that the city's attorney would no longer be prosecuting small-time marijuana violations for anyone 21 years or older, and that the police would, "effective immediately," stop charging people for those crimes. "Prosecutorial and court resources can be best directed elsewhere," he wrote. Mr. Oates said the police would enforce city codes regulating medical marijuana growers, and they would still pursue drug traffickers and dealers. They can still cite people if they are younger than the new legal age limit, smoking in public or driving while stoned. In northern Colorado's Weld County, District Attorney Ken Buck represents a stricter view. After the vote, he said his office would continue pursuing marijuana possession cases, mostly as a way to pressure users into getting treatment. "Our office has an obligation to prosecute offenses that were crimes at the time they occurred," Mr. Buck said in a statement. The response has been complicated even in places like rural Mesa County, where voters rejected the marijuana initiative. Police in Grand Junction, the county's largest city, are no longer citing adults for possession of small amounts of marijuana. The county's district attorney, Pete Hautzinger, supported that decision, but also decided not to dismiss all of the pending possession cases. "I do not think I'm wasting my time continuing to enforce the law until it changes," he said. Mesa County prosecutes about 100-200 petty marijuana charges every year, compared with as many as 2,000 felonies. For their part, federal drug agents are likely to balk at allowing the state-regulated recreational marijuana shops allowed under the new laws, said Kevin A. Sabet, a former drug policy adviser in the Obama administration. "The legal question is exactly the same but the stakes are much higher with legalization than with the medicinal," Mr. Sabet said. "You can't hide behind a white coat any longer." Several cities are not waiting for federal authorities to act. Some local governments have approved moratoriums on any new marijuana shops, even though it will be about a year before any can open. Last week, the western city of Montrose took up a six-month ban, and is likely to pass it next week. "We don't want to be put in a position where we license somebody and then have a big federal issue," said Bob Nicholson, a city council member. "Our community voted against this amendment. We're looking at what the community voted for versus what the state voted for. There's an awful lot of questions." - --- MAP posted-by: Jay Bergstrom