Interesting Times in Washington State

There's one major caveat, of course, to the efforts to legalize marijuana in WA: regardless of what happens here, marijuana remains a federal schedule I drug. As far as the feds are concerned, marijuana has no medical use and is just plain flat-out illegal, no matter who's selling it.

So, if Washington State actually does pass a bill legalizing marijuana-- and, what's more, regulating and selling it through state liquor stores-- what happens?

If pot was just legal in WA, this would be pretty simple: local law enforcement ignores (or is supposed to ignore) the drug trade, while the DEA still has the authority to enforce the federal law. How much federal agents would actually do would depend on several factors: the DEA has a limited budget and only so many agents, and would likely only go after major operators.

... Not that this would be much of a shield for any smaller ones swept up in the process.

This already happens vis-a-vis medical marijuana; the state allows the defense, the federals don't, and the question boils down to which system you're in.

What makes this fun is that the State of Washington is actually considering selling the stuff itself through state-owned liquor outlets. This looks on its face like it threatens to make the state itself a drug trafficker.

Could state liquor store employees be hauled off to the federal pen by the DEA? Would the agency or agencies responsible for regulating the trade be prosecuted for drug conspiracy? Could Christine Gregoire, if she signs the bill, be hauled in as a ... a drug kingpin?

It seems absurd, but if there's a reason they couldn't (aside from the sheer public spectacle and probable outrage), I can't think of it. It may be that the state is ultimately shielded only by the practicalities of the situation. The simplest approach would probably be for the federal government to sue to prevent the state from putting any marijuana-distribution system into place.

And then there's the Obama aspect: as chief executive, he has a great deal of influence over what the DEA and Justice Department do, or don't do.

History is a messy business, it seems.