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Feds Plan No Action on Eve of Legalization
Posted by CN Staff on December 05, 2012 at 15:20:00 PT
By Jonathan Martin, Seattle Times Staff Reporter
Source: Seattle Times
Washington -- A strange gap year in Washington’s grand experiment with marijuana legalization begins Thursday, when personal possession of pot becomes legal, but criminal laws banning marijuana growing and sales remain in effect. That year gives the state Liquor Control Board time to create first-in-the-nation licenses for marijuana growers, processors and retailers. Until then, the only clearly legal way — at least, under state law — is for a medical marijuana patient to get medicine from a collective garden.
Jenny Durkan, the U.S. Attorney for Western Washington, sent out a statement Wednesday that regardless of legalization measures in Washington and Colorado, the federal ban on marijuana remains unchanged. But the statement did not come with any legal action by the U.S. Department of Justice to block the new law from taking effect on Thursday. The statement: The Department of Justice is reviewing the legalization initiatives recently passed in Colorado and Washington state.  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. In enacting the Controlled Substances Act, Congress determined that marijuana is a Schedule I controlled substance. Regardless of any changes in state law, including the change that will go into effect on December 6th in Washington state, growing, selling or possessing any amount of marijuana remains illegal under federal law. Members of the public are also advised to remember that it remains against federal law to bring any amount of marijuana onto federal property, including all federal buildings, national parks and forests, military installations, and courthouses. At a morning news conference, Seattle City Attorney Pete Holmes acknowledged that Washington is in uncharted waters. “We are trying to substitute a legal, licensed system for what is nearly a wholly illegal system. That is going to take time. What we’re doing under I-502, beginning at midnight, we’re at least not doing any more harm. We’re not enforcing an extremely unpopular law against adults who choose to consume marijuana. But unless they are an authorized medical marijuana patient, they are already obtaining marijuana from illegal sources. Washington state is awash, as are most states, in marijuana, which is one of the points about what prohibition has failed in its purpose.” A public celebration of the new law is planned at Seattle Center, beginning at 7 p.m. on Thursday. Holmes reminded party-goers that public consumption of marijuana is now treated like alcohol, equivalent to about a $50 fine. Holmes stopped enforcing marijuana possession cases when he took office, but he said Thursday he would enforce public consumption fines, should Seattle police issue them. “I think the SPD will see how well people comply. If there’s unfortunate flaunting, and (people) want to test and see if the law will be enforced, well, I have better things to do with my time than to test the limits of the law. But we will enforce the law.”From The Seattle Times BlogSource: Seattle Times (WA)Author: Jonathan Martin, Seattle Times Staff ReporterPublished: December 5, 2012Copyright: 2012 The Seattle Times CompanyContact: opinion seatimes.comWebsite: http://www.seattletimes.com/URL: http://drugsense.org/url/14I7wQ5cCannabisNews  -- Cannabis  Archiveshttp://cannabisnews.com/news/list/cannabis.shtml 
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Comment #8 posted by schmeff on December 06, 2012 at 12:09:14 PT
The DOJ Statement Should Have Read...
The statement:"The Department of Justice is reviewing the legalization initiatives recently passed in Colorado and Washington state. 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. In enacting the Controlled Substances Act, Congress determined that" Congress possessed powers not found in the Constitution.Also note that since the will of the voter now prevails, our public servants are now free to be more honest. You've rarely heard a member of law enforcement, until now, admit that it is the criminal justice system that causes harm, rather than cannabis itself.Seattle City Attorney Pete Holmes:
“We are trying to substitute a legal, licensed system for what is nearly a wholly illegal system. That is going to take time. What we’re doing under I-502, beginning at midnight, we’re at least not doing any more HARM. We’re not enforcing an extremely unpopular law against adults who choose to consume marijuana. But unless they are an authorized medical marijuana patient, they are already obtaining marijuana from illegal sources. Washington state is awash, as are most states, in marijuana, which is one of the points about what prohibition has failed in its purpose.”As in, we (the cops) are not going to cause any more HARM, arresting cannabis consumers.
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Comment #7 posted by afterburner on December 06, 2012 at 07:23:37 PT
Sanity Begins!
Whoo hoo!
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Comment #6 posted by FoM on December 05, 2012 at 20:19:40 PT
HempWorld
You're welcome. What a great day it will be.
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Comment #5 posted by Hope on December 05, 2012 at 19:56:38 PT
A great day tomorrow!
Congratulations Washington!Congratulations to us all!Congratulations to the whole world!Counting down the hours, the minutes, to the time of a new era begun. A better era. An era of better peace and better hope.
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Comment #4 posted by HempWorld on December 05, 2012 at 17:09:16 PT
Thanks FoM!
Celebrate! Yeah Baby!
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Comment #3 posted by FoM on December 05, 2012 at 16:50:08 PT
Celebrations Planned Tomorrow!
Celebrations Planned as Law Legalizing Marijuana in Washington State Takes Effect By Associated Press Wednesday, December 5, 2012 SEATTLE — Legal marijuana possession becomes a reality in Washington state Thursday, and some people plan to celebrate the new law by breaking it.Voters in Washington and Colorado last month made those the first states to decriminalize and regulate the recreational use of marijuana. Washington’s law takes effect Thursday and allows adults to have up to an ounce of pot — but it bans public use of marijuana, which is punishable by a fine, just like drinking in public.Nevertheless, some people planned to gather at 12 a.m. Thursday to smoke up beneath Seattle’s Space Needle. Others planned to party outside Hempfest headquarters in Seattle.Seattle Police spokesman Sgt. Sean Whitcomb doesn’t expect officers to write many tickets. Thanks to a 2003 law, marijuana enforcement remains the department’s lowest priority.Copyright: 2012 The Associated Pres
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Comment #2 posted by HempWorld on December 05, 2012 at 16:46:28 PT
I'm keeping my fingers crossed!
Until tomorrow!Then it is official.With Reuters (fascist newscorp) coming out today polling majority for legalization in USA.Just one more day and then I can celebrate, if nothing happens at the last minute.I've worked on this for the last 20 years and this was my vision, I hope it comes true.Thank you God! Thank you all activists all over the world!
No Farm, No Food!
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Comment #1 posted by Sam Adams on December 05, 2012 at 16:16:48 PT
Feds
I remember in 2009 after decrim passed here in Mass. some wise-guy park ranger tried to arrest someone at the National Seashore for smoking a joint.I'm not sure what happened to the perpetrator, but after that I'm pretty sure the park rangers were ordered to stand down on cannabis, it never happened again. They got somewhat embarassed in the media over it.
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