Wash. voters legalize recreational pot use
Published: November 6, 2012 Updated 11 minutes ago
By NICHOLAS K. GERANIOS and GENE JOHNSON — Associated Press
SEATTLE — Washington voters made their state the first in the nation to legalize recreational pot use on Tuesday, setting up a showdown with a federal government that backs the drug's prohibition.
The outcomes of related measures in Colorado and Oregon were uncertain.
The measure sets up a system of state-licensed marijuana growers, processors and retail stores, where adults over 21 can buy up to an ounce. It also establishes a standard blood test limit for driving under the influence.
Legalization could help bring in hundreds of millions of dollars a year in pot taxes, reduce small-time pot-related arrests and give supporters a chance to show whether decriminalization is a viable strategy in the war on drugs.
The sales won't start until state officials make rules to govern the legal weed industry.
Promoted by New Approach Washington, I-502 calls for a 25 percent excise tax at each stage from the growers on until it is sold in stores to adults 21 and over.
They could buy up to an ounce of dried marijuana; one pound of marijuana-infused product in solid form, such as brownies; or 72 ounces of marijuana-infused liquids.
The cannabis would be subject to testing to establish its THC content, and labeled accordingly.
State financial experts estimate it could raise nearly $2 billion in tax revenue over the next five years, with the money going toward education, health care, substance abuse prevention and basic government services.
When state and federal laws conflict, federal law takes precedence. Federal authorities could sue in an attempt to block I-502 from taking effect. The Justice Department has given no hints about its plans.
The campaign was notable for its sponsors and supporters, who ranged from public health experts to two of the DOJ's top former officials in Seattle, U.S. Attorneys John McKay and Kate Pflaumer.
The effort raised more than $6 million in contributions, with more than $2 million of that coming from Progressive Insurance Co. founder Peter Lewis, who used marijuana to treat pain from a leg amputation.
The ample fundraising allowed New Approach Washington to run television ads through the campaign's final weeks.
Meanwhile, I-502 had little organized opposition. Some in law enforcement and public health are concerned that increased access will lead to increased abuse, especially among teens.
Others who opposed the measure did so because it didn't go far enough, and that the blood test limits were arbitrary and could affect medical marijuana patients. Still others worried about a possible federal-state law clash.
For many voters, it came down to the notion that decades of marijuana prohibition have done more harm than good.
"It's ridiculous to be trying to maintain the law enforcement effort - all the people, all that money, all those resources - to prosecute marijuana use," supporter Karla Oman said. "Tax it, legalize it, everybody wins."
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http://www.bellinghamherald.com/2012/11/06/2756246/measure-aims-for-legalized-pot.html#storylink=cpyHistoric initiative legalizing marijuana passes
Web Reporter Q13 FOX News Online
8:57 p.m. PST, November 6, 2012
SEATTLE—
Initiative 502, a measure legalizing marijuana for adults in Washington state, passed Tuesday night.
More than 1,484,00 votes were counted by 8:21 p.m. The measure led by 56 percent (831,928 votes) to 43 percent (652,274 votes) with most counties reporting.
The law will take effect on Dec. 6, 30.
Six states had marijuana-related measures on the ballot Tuesday -- three to legalize recreational use; Washington's I-502, Colorado's Amendment 64 and Oregon's Measure 80. Colorado's amendment showed early leads Tuesday evening.
Under Washington's I-502, anyone over the age of 21 would be able to purchase and possess up to an ounce of marijuana, and the state would regulate and tax the sale of pot.
Those wanting to grow and sell would apply to the state for a license. Estimates are that the new pot tax would raise nearly $500 million a year, much of which would be earmarked for drug prevention and education programs.
In an interview earlier this year on “60 Minutes,” the Deputy U.S. Attorney General James Cole indicated that federal authorities could take aim at any state laws that legalize pot, saying, "We're going to take a look at whether or not there are dangers to the community from the sale of marijuana and we're going to go after those dangers."
Attorney General Eric Holder was blunter in 2010 when he threatened to "vigorously enforce" federal law if California legalized marijuana (that measure failed).
Opponents of I-502 said they believe the U.S. attorney in Seattle would seek a court injunction to stop the law in its tracks.
“It's a fantasy that the state is ever really going to have this, it's not going to be legal, it's not going to work, the federal government is going to pre-empt this thing in five minutes,” said Douglas Hiatt of the anti-502 group Sensible Washington.
But that hasn't really happened with medical marijuana, and Seattle City Attorney Pete Holmes, a backer of 502, added that he believes the Feds will back off if voters make pot legal.
“I don’t think the federal government’s going to ignore a clear voter mandate from the state of Washington,” Holmes said.
Only time will tell.
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