Early reactions to end of state pot prohibition in Colorado and Washington
Both the New York Times and Washington Post have lengthy new articles talking through what might happen now that voters in two western states have, via ballot initiative, legalized marijuana under state law. Here are snippets from this New York Times piece, headlined “Voters Ease Marijuana Laws in 2 States, but Legal Questions Remain”:
For supporters of legalizing marijuana, it was a historic moment, one that drew comparisons to the end of Prohibition: On Tuesday, voters in Colorado and Washington State made it legal to smoke pot recreationally, without any prescription or medical excuse….
[I]t will be a month before the measures are officially on the books, and longer still before state officials write the rules, tax codes and other regulations creating new state-licensed retail marijuana shops. But the larger, looming problem is a clash with the federal government, which still views marijuana as a Schedule I prohibited substance and has cracked down on states, like California and Montana, that have voted to allow medical marijuana.
In a statement on Wednesday, a spokesman for the Drug Enforcement Agency said the Justice Department was reviewing the ballot measures and declined to comment directly on how officials would respond to them. But he said the agency’s enforcement of federal drug laws “remains unchanged.” The United States attorneys in Denver and Seattle responded with nearly identical statements, offering no clue on whether they would sue to block the measures from being put into effect. It is a murky landscape now, one that potentially pits voters who supported President Obama and legalization against the president’s own Justice Department….
As soon as the laws are certified, it will be legal under Colorado and Washington law for adults 21 years and older to possess up to an ounce of marijuana. In Colorado, people will be able to grow as many as six plants. In Washington, users will have to buy their marijuana from state-licensed providers….
The laws do not allow people to light up in public, and cities and counties will be able to block marijuana retailers, in much the same way that blue laws have restricted alcohol sales for decades. And it remains illegal to drive a motor vehicle while high on the drug….
It is still unclear how much will change. The streets here in Denver and across Colorado are already lined with shops, their windows decorated with green crosses and pot leaves, advertising all-natural plant treatments and herbal health aids…. To advocates, the real power of the measures’ passage may be that they signal a change in the way voters think about drugs and drug policy in the United States. Brian Vicente, a leading campaigner for the Colorado initiative, summed it up this way: “It’s a historic one, man.”
And here are excerpts from this Washington Post piece, headlined “Legal battle looms over marijuana initiatives”:
The Justice Department said it was reviewing the initiatives but would not comment further on how it would respond. A spokeswoman for the Drug Enforcement Administration said that its enforcement of federal law, which bans production, possession and sale of marijuana, “remains unchanged.”…
Colorado Gov. John Hickenlooper (D) on Wednesday signaled his awareness of those conflicts, cautioning voters that it would take time to deal with the implications of the initiative. “The voters have spoken and we have to respect their will,” Hickenlooper said in a statement….
Hickenlooper’s office called the Justice Department on Wednesday to get guidance on how the state should proceed. Eric Brown, a spokesman for Hickenlooper, said that Holder is scheduled to speak directly to the governor Thursday or Friday.
Washington Gov. Chris Gregoire (D) also indicated that she is uncertain about whether there will be a showdown with the federal government. “The voters have decided to decriminalize marijuana possession and tax its sale and we will follow the will of the people,” Gregoire said in a statement. “We are entering uncharted waters and many questions lie ahead as we work to implement this law. Because marijuana is still illegal at the federal level, we are unsure how the federal government will proceed.” Gregoire said that the state’s Liquor Control Board will be responsible for establishing the licensing and inspection procedures for the new measure over the next year.