Overturn Marijuana Legalization In Washington And Colorado: Obama Administration Considering How To Overturn New State Pot Laws
New legislation in Washington state went into effect this week that legalizes for the first time in ages the possession of marijuana. Federal law still says otherwise, though, setting up the Justice Department to make some serious determinations.
AFP Photo / Raul Arboleda
Even as smoking up became protected by state law in Washington starting Thursday, coast-to-coast prohibition as provided by a long-standing federal ruling remains on the books. For marijuana advocates in the Pacific Northwest, the lifting of the ban is a pretty big victory. That doesn’t mean that the Justice Department has ruled out an intervention, though.
Since voters in Washington and Colorado opted on Election Day to legalize small amounts of marijuana for recreational use, the Department of Justice has been relatively quiet over how it will handle what is likely to become a heated debate regarding states’ rights. In an article published by The New York Times this week, reporter Charlie Savage says senior White House and Justice Department officials are already attempting to tackle how to handle the new marijuana laws, and are amid deliberations right now that will determine when, where and how national law enforcement can intervene.
Savage cites anonymous sources familiar with the discussions in DC, whom he says are considering plans for legal action against the states of Colorado and Washington. Meanwhile this week the Obama administration once again chimed in on the topic, but as with earlier abbreviated statements, the only words out of the nation’s capital forecast an ominous battle likely to brew for some time.
When the results of the legislations up for vote in both states trickled through on the evening of Election Day, the Justice Department dispatched a short statement clarifying the federal classification of marijuana as an illegal substance. This week, the United States attorney for Seattle, WA once again warned that federal law is still on the books.
“In enacting the Controlled Substances Act, Congress determined that marijuana is a Schedule I controlled substance,” state attorney Jenny A. Durkan announced in a statement. “Regardless of any changes in state law, including the change that will go into effect on December 6 in Washington State, growing, selling or possessing any amount of marijuana remains illegal under federal law.”
Additionally, the New York Times quotes Durkan as saying the Justice Department maintains that its “responsibility to enforce the Controlled Substances Act remains unchanged,” meaning federal law enforcement isn’t necessarily interested in adhering to local rules.
A similar legislation approved during last month’s Election Day is expected to go on the books in Colorado in the coming weeks. Even before becoming official, however, some important state institutions have announced that they won’t be cooperating with the end of prohibition.
“In order not to lose federal funds, we need to comply with federal law,” University of Colorado at Boulder spokeswoman Malinda Hiller-Huey told The Denver Post.
Speaking to NBC, Colorado Governor John Hickenlooper acknowledged even before the new law was approved that it would be an uphill battle for local marijuana advocates given the feds’ insistence in playing by their own rules.
“It’s probably going to pass, but it’s still illegal on a federal basis. If we can’t make it legal here because of federal laws, we certainly want to decriminalize it,” he said.
Seattle City Attorney Pete Holmes tells NPR station KUOW that in his state, residents should be thankful that local law enforcement won’t be tasked with what is largely considered not just a non-issue, but an expensive endeavor. Whereas schools and universities in Colorado aren’t considering the new law for the sake of saving money, Holmes says the legislation in Washington will actually save the state bundles.
“I think that they should acknowledge this newfound right,” he says to KUOW. “I think they should celebrate in the privacy of their homes if they choose to do so. And be thankful that we’re no longer arresting some 10,000 Washingtonians a year in the state of Washington and spending well over $100 million in law enforcement resources on that.”
Meanwhile, more liberal minded lawmakers in the District are hoping to iron out a way to ensure that state laws are protected before federal agents can have their way. Rep. Diana DeGette (D-Colorado) introduced a bipartisan legislation before Congress that will amend the US Controlled Substances Act to provide that federal law shall not preempt state marijuana laws.
“I am proud to join with colleagues from both sides of the aisle on the ‘Respect States’ and Citizens’ Rights Act’ to protect states’ rights and immediately resolve any conflict with the federal government,” Rep. DeGette said upon introducing House Bill 6606. “In Colorado we’ve witnessed the aggressive policies of the federal government in their treatment of legal medicinal marijuana providers. My constituents have spoken and I don’t want the federal government denying money to Colorado or taking other punitive steps that would undermine the will of our citizens.”
According to a recent survey conducted by Public Policy Polling, nearly six out of ten Americans want marijuana legalization on a widespread scale. In a separate Angus Reid Public Opinion poll published last week, over 60 percent of Americans surveyed said they expect marijuana to be federally permitted within the next decade.
Source: http://rt.com/usa/news/marijuana-federal-law-state-541/
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Please be accurate and replace the words, Federal Law, Federal Law Enforcement, Justice Department and Obama Administration with the more appropriate terms, The Alcoholic Beverage Lobby, the Pharmaceutical Lobby, and the Incarceration Lobby, because it is their gravy train that is coming to a screeching halt.
If the justice department and the Obama adminstration decides to prossicute for small quantiesof marijuana or to sue the states who the people who voted on legalizing marijuana . These people will not vote in another elections and would rather vote for a secussion from the union. The White House and the Justice Deparment needs to go back and reeducate themselves . For an example alcohol is the reason why we have crime like domestic violence, drunk driving and other crimes that are alcohol related open a news paper every day their seems to be a drunken crash somewhere in the united states that costs millions of dollars in damages including death and legal fees and its legal . .Cocaine, Heroine, Meth, LSD, Crack Cocaine kills over a 1000 people a year. Marijuana has never killed anyone it cures cancer, and ever health issue out their. If marijuana was legal at the federal level the national debt would drop dramadically in the next 3 years. Cars can be able to use Hemp Seed Oil which is more fule efficent that fossel fuels. Our Declration of Independence and the Constutuion was written on Hemp paper over 200 years ago if it was written on wood paper the paper would decompose with in the first 100 years of its exstance. Hemp paper is more duriable than wood paper. Also did you know when they sailed on the Mayflower the sails were made out of hemp .Do your history as I said earlier in this comment if they decide to sue or arrest people for marijuana use the voters have spoken take away this and their will be no voters especally for the democratic party if Obama sues the states…
The People have spoken in Colorado and Washington. The WILL of the people has been heard. Historically legalization of marijuana does not increase new users significantly at all. Those who use, will continue to use, those who don’t will not, simple as that. Also.. we already drive around with stoned people on the roads, those numbers will not increase significantly either. Marijuana does not kill brain cells (smoke may) but cannabis does not, it actually protects brains cells, staves Alzheimer’s, and helps protect from certain cancers, including brain and lung cancers (see 1974 research and the reasons why the DEA stopped research). The argument to keep marijuana illegal is weak and illogical at best. Marijuana was deemed illegal because some politicians and business owners stood to lose money in the paper and textile industry as marijuana (hemp) provided better paper and better textiles. A lie was generated to get it prohibited by Congress, simple as that. The lie regarding marijuana is still being passed on ignoring all scientific data masquerading as the truth. If your eyes are open you see and hear, if they are shut you believe what you hear as you cannot see for yourself. Regardless if you partake in the right to use cannabis or not, America is about freedom and Liberty. Halting a new freedom gained is purely Un-American in nature regardless.
States rights? Hmmm, where and when has this issue came up before?
If the Feds are going to strong-arm the States what is the point of having them? Tourism? Variety?
The war of Federal aggression against the states was said to be over…I don’t think it has even started.
Once again we choose slavery or freedom, this time the states are trying to protect us against a Federal syndicate that is so powerful only revolt can pry loose the trillions hey have stolen from working Americans.
It is time to take what is ours and depose and punish the traitors.
throw the Feds out. Don’t worry about Federal money, make up for it by taxing the ever expanding marijuana industry. People will be flocking to those States as the Feds attack our cConstitutional rights.
SCREW THE FEDS!!!