Pubdate: Thu, 06 Dec 2012
Source: Seattle Times (WA)
Copyright: 2012 The Seattle Times Company
Contact:  http://seattletimes.nwsource.com/
Details: http://www.mapinc.org/media/409
Author: Kyung M. Song
Page: B1

NOW THAT POT'S LEGAL IN STATE, WHO WILL DEFEND LAW IN D.C.?

WASHINGTON - Washington state's new marijuana-legalization law, which
takes effect Thursday, is a direct affront to federal drug policy. So
does Dave Reichert - the King County sheriff-turned-congressman -
think users still should be subject to arrest by federal agents?

He isn't saying. Neither is Rep. Cathy McMorris Rodgers of Spokane,
the highest-ranking Republican woman in Congress.

And Sens. Patty Murray and Maria Cantwell, both of whom personally
opposed making recreational pot legal, haven't exactly been at the
forefront of trying to resolve the legal limbo.

The Washington congressional delegation's muted reaction likely will
do little to help clarify the state's unprecedented conflict with the
federal ban on marijuana. It also leaves unclear whether voters - who
approved legalization 56 to 44 percent - can expect their elected
representatives to vigorously stand up for the state law.

On Wednesday, the U.S. attorney for Seattle, Jenny Durkan, said in a
statement that the Department of Justice (DOJ) still was reviewing
legalization measures approved last month by voters in Washington and
Colorado: "The Department's responsibility to enforce the Controlled
Substances Act remains unchanged. Neither States nor the Executive
branch can nullify a statute passed by Congress."

But, as some legal experts expected, the DOJ has not
acted.

Other legal experts, as well as marijuana advocates, expect the
federal government will quietly let the state laws go forward. As
Richard Epstein, a professor at New York University School of Law, put
it, the Drug Enforcement Agency is "going to play its version of
'don't ask, don't tell.' "

Colorado's law, which mirrors Washington's new tolerance for personal
possession of marijuana, is expected to take effect within 30 days.

Unlike Washington's delegation, Colorado lawmakers have taken more
decisive action to defend their state's law. Three House members from
Colorado have backed a bill to prevent the federal Controlled
Substances Act from pre-empting state laws. Of the 10 cosponsors of
the bill, which was introduced by Rep. Diana DeGette, D-Colo., none is
from Washington.

U.S. Rep. Adam Smith, D-Tacoma, has been the delegation's most
prominent voice on the right of the state to implement the law. He was
one of 18 House Democrats, and the only member from Washington, to
sign a postelection letter to Attorney General Eric Holder asking the
DOJ to refrain from making arrests.

"I don't want to leave my constituents in a limbo not knowing whether
a given activity is legal or not," said Smith, a former prosecutor for
the city of Seattle, who said he voted for the law.

Smith has not signed onto DeGette's bill but said he supports it in
principle.

Smith noted the DOJ has taken a largely hands-off attitude toward
medical marijuana, paving the way for its legalization in 18 states
and the District of Columbia. But federal authorities still
sporadically assert their power, Smith said.

Since January 2010, federal agents have raided more than 200 medical
marijuana dispensaries, labs and cultivation sites in eight states,
including Washington, according to Kris Hermes, spokesman for
Americans for Safe Access, an advocacy group for medical marijuana.

Washington's new law has left Democrats and Republicans in the state
delegation personally at odds with voters' will.

McMorris Rodgers opposes legalizing marijuana. Reichert's office has
repeatedly refused to say whether he thinks the new state law should
trump the federal ban. Reichert, whose mother took cannabis in a pill
form before she died of cancer in 2011, softened his stance on medical
marijuana but not to the point of supporting legalization.

Meanwhile, activists in Seattle plan a public celebration at 7 p.m.
Thursday at the Seattle Center fountain, despite the new law's ban on
public consumption of marijuana. Seattle City Attorney Pete Holmes
said he hoped there would not be "unfortunate flaunting" of public
marijuana use, which is subject to a fine of about $50.

"I think (Seattle police) will see how well people comply," said
Holmes. If they issue tickets, "we will enforce the law."
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MAP posted-by: Matt