By Randall K. Gaylord
San Juan County Prosecuting Attorney
I will be closely following the results of the Initiative 502 concerning marijuana laws. I urge everyone in the county to study that measure and vote. Even if the measure conflicts with federal law, I will use the results to revise my policies regarding the prosecution of marijuana offenses.
Initiative 502 is a new approach to marijuana. Though it will be legal in some instances, it will be treated much like alcohol. It will remain a crime for youth to possess or use marijuana, it will remain a crime for adults to provide marijuana to youth, it will remain a crime to operate a motor vehicle under the influence of marijuana. It will be a civil infraction to consume marijuana in public or advertise marijuana. Only private recreational and medicinal use by adults is allowed.
Is our state at a “tipping point” in the attitudes regarding marijuana use and possession? I think so. I think people are frustrated by the collateral consequences of marijuana violations under federal law and I believe state law alone should fix the penalties for a state law violation.
I recognize that the adoption of Initiative 502 may create a conflict between federal and state laws, which can be problematic for a prosecutor, especially for a border community with the presence of federal law enforcement. While conflicts with federal law should be avoided whenever possible, I will adopt policies that are consistent with the will of the voters and the protection of a safe community.
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Does Federal trump state and county….Does this mean that We would have to go by federal mandates, no matter what the state and county want to do. Federal is the final say over this?
Well said Randy. That is a well balanced and reasonable statement. I hope this initiative passes. Treating marijuana like alcohol makes a lot of sense instead of criminalizing common adult behavior. Hopefully the feds will see sense as more states legalize marijuana. Martin
ON KUOW Friday, there was an excellent discussion about fed versus state, by Orcas Island’s Norm Stamper, and an ex DEA director.
Norm pointed out that, similar to alcohol prohibition in the 20s, it was the states that lead. States realized that outlawing alcohol wan’t working. They changed the laws, and the Fed soon followed.
In any time of transition, the shift can be messy and confusing. We can’t flip a switch and suddenly everyone lets go of an old way and starts doing the new way. These transitions unfold over years, decades, and sometimes even centuries. There are early adopters and there are those that hold out to the very end. So it has been with issues of race, gender, marriage, prohibition, public health, etc.
OK but you went around…the laws state
FED trumps state….so as much as the laws in San Juan county say Pot is ok, the Federal law states it is a LEVEL 1, so what i am asking is that Will our prosecution who pledged to hold up the Law follow the law of the FED or the law of the state…and if the state then can there be legal problems from the FEDS…?