Marijuana (Almost) Legalized in Washington State

November 7th, 2012

Marijuana “legalization”. Tuesday’s major election saw President Obama into a second term, setting the tone for the nation’s next four years. But for Washington State residents, Tuesday also saw the passage of Initiative 502, a controversial law that in the next year or so is set to challenge some cultural norms as well as federal statutes.

Initiative 502 establishes a system that will treat marijuana much like alcohol, with the Washington State Liquor Control Board (WSLCB) manning the helm. Although some early proponents of the law were quick to label it marijuana “legalization”, the initiative is far from it. The law is much more powerful in theory than it is in practice. This is because it is still classified under federal law as an illegal substance. The authors of the Washington initiative were well aware of this, as the federal Department of Justice has been contacted for clarification about how the law will work under dual sovereignty.

For now, possession of marijuana (under strict limits outlined in I-502) will be legal starting December 6th. But that marijuana may only be purchased through state-licensed stores which do not yet exist outside of current medical marijuana dispensaries. The initiative has provided the WSLCB until December 1st of 2013 to establish formal rules around how exactly marijuana will be grown, processed, and distributed. Do not expect to see anybody freely strolling down the street with a no-whip soy latte in one hand and a freshly lit joint in the other. Until dispensaries (which vehemently opposed the initiative) start acquiring new licenses, and the WSLCB fully establishes rules around the still federally-illegal drug, and the Department of Justice clarifies where the initiative stands under federal statutes; marijuana control still exists in a bit of a legal limbo. So although the passage of I-502 was a huge step closer to the legalization of marijuana, those looking forward to enjoying the full benefits of the initiative will have to wait and see how the experimental law develops over the coming months.

Note: similar marijuana laws were also passed in Colorado, and Massachusetts has passed laws allowing medical marijuana use.