By Alex Dobuzinskis
Nov 7 (Reuters) - Votes making Colorado and Washington the
first U.S. states to legalize marijuana for recreational use
could be short-lived victories for pot backers because the
federal government will fight them, two former U.S. drug control
officials said on Wednesday.
They said the federal government could sue to block parts of
the measures or send threatening letters to marijuana shops,
followed up by street-level clampdowns similar to those
targeting medical marijuana dispensaries the government suspects
are fronts for drug traffickers.
"This is a symbolic victory for (legalization) advocates,
but it will be short-lived," Kevin Sabet, a former adviser to
the Obama administration's drug czar, told reporters.
"They are facing an uphill battle with implementing this, in
the face of ... presidential opposition and in the face of
federal enforcement opposition," Sabet said.
Colorado and Washington state legalized the possession and
sale of marijuana for adult recreational use on Tuesday through
ballot measures in defiance of federal law, while a similar
initiative was defeated at the polls in Oregon.
The initiatives appeared to reflect growing national support
for liberalized marijuana laws, as indicated by a Gallup poll
last year that found 50 percent of Americans favored making it
legal, versus 46 percent opposed.
The U.S. Department of Justice, which considers marijuana an
illegal drug liable to being abused, said enforcement of the
federal Controlled Substances Act "remains unchanged."
"We are reviewing the ballot initiatives and have no
additional comment at this time," a government statement said.
Sabet said he expected the Obama administration would at
some point file a federal lawsuit to challenge and seek to block
aspects of state-level legalization measures and that this "is
going to be caught up in the courts for quite a while."
HARD TO ROLL BACK CLOCK
But federal action was not expected to snuff out
state-sanctioned marijuana in those states - especially the
ability of individuals to possess an ounce or less of the drug
without risk of arrest by local police.
Sabet, who opposes legalization, acknowledged that states
were free to eliminate their own penalties for possession. But
he said U.S. Attorneys could send letters to Colorado and
Washington governors warning them not to implement provisions to
regulate and tax marijuana at special stores.
Or the federal government could wait until such a system is
created and sue to block it, he said.
Colorado Governor John Hickenlooper, a Democrat, had said he
personally opposed his state's legalization measure. But he has
since said he plans to respect the will of voters.
In Washington state, Democratic gubernatorial candidate Jay
Inslee, who was leading in the vote count in a tight race, has
spoken out against his state's initiative but is committed to
implementing it, campaign spokeswoman Jaime Smith said.
If the Obama administration reacts too harshly, it could
suffer politically with younger, more left-leaning voters who
chose legalization and typically lean Democratic.
But President Barack Obama also faces pressure from
anti-drug groups to protect young people from harm they say
would result if states set up a regulated and taxed marijuana
trade.
Robert DuPont, who served as drug czar for former Presidents
Richard Nixon and Gerald Ford and opposes legalization, said he
welcomed a confrontation.
"I think it's time to resolve it," he said.
Ian Millhiser, senior constitutional policy analyst with the
left-leaning Center for American Progress, said the federal
government, even if it sues to challenge the Colorado and
Washington initiatives, cannot force police in those states to
arrest people for marijuana infractions.
"If I were Barack Obama, I would look at this and say I
would rather have young voters with me," Millhiser said.
(Additional reporting by Jonathan Kaminsky)
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