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Monday, June 28, 2010

Pot Won't Be Sold in Liquor Stores Until Goldy Is Older than Yoda

Posted by on Mon, Jun 28, 2010 at 1:52 PM

I don't doubt for a second that Goldy, Jedi blogger over at Horse's Ass, will be older than Yoda someday. Very wise about state politics then he will be. And when he reaches the pruny age of 900, he'll be able to go over to a state liquor store and buy himself a fat joint and smoke it.

Goldy, as he's said before and repeats today, wants state liquor stores to sell pot. So does Dan. So does everybody who isn't insane about drugs.

But the argument that the state should maintain its monopoly on liquor stores because, Goldy writes, "our State Store system actually provides our fast and surest path toward rationalizing marijuana laws" is ridiculous. There is nothing fast or sure about it. Ending the state's stronghold on a private industry is a debate happening now. Pot in liquor stores is decades away (but we can have the discussion about regulating pot without state-run liquor stores; California is having that debate right now).

Here's why: Even if Washington state were to suddenly allow liquor stores to sell pot, liquor stores still wouldn't be able to sell pot.

The federal Controlled Substances Act currently prohibits pot outright—possession, cultivation, distribution, sales. The enforcement of that law kicks in any time there's enough pot to exceed the local jurisdictions, which is any time we're talking about more than 100 to 250 plants in the operation. So a pot-distribution network dealing all of the state's second largest cash crop is a nonstarter, legally speaking.

Here's what would happen if Washington voters or legislators passed a law to sell pot in liquor stores: The feds would file an injunction, the the case would move expeditiously to the Supreme Court, and Washington would lose. It would be a fantastic show. Great stuff, politically speaking. A conversation that Goldy wants and Dan wants and I want... But pot still wouldn't be sold in liquor stores.

Here's the glacial time line for pot in liquor stores (if it ever happens): Congress would have to pass a law to allow states to distribute pot. First, that will require several states actually decriminalizing pot and eliminating penalties for possession and cultivation (no state has done this yet, not even for possession). And then Congress would weigh in, probably at first only by reducing penalties—then allowing a regulatory framework. But don't hold your breath. Congress hasn't even changed the rules for medical marijuana use—for people who are literally dying and under the care of a licensed physician. The only reprieve medical marijuana patients have is the Obama administration's promise not to bust medical-marijuana providers that adhere to state rules. New Mexico has a system in place for distribution, but it's tenuous and at the whims of AG Eric Holder.

For Congress to get there will take decades. Look at the numbers. Medical marijuana is overwhelmingly popular (about 81 percent of American support it), and Congress hasn't done anything. So Congress sure as hell won't act when public support for legalization is less than 50 percent.

There are arguments to maintain the state liquor stores. (I don't buy them; IMO, the state has no business monopolizing one private enterprise simply because it's a vice. We should regulate liquor like other industries, and let voters decide because the legislature has done nothing.) But that argument isn't that liquor stores will some day, eventually, if the stars are aligned, let pot be sold in liquor stores. Once we have the political support to legalize pot, whether or not Washington has a state-run drug-distribution system or not will be incidental to a much, much larger policy decision. And when that happens, Goldy will be older than Yoda. So will Dan.

 

Comments (11) RSS

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devilsmoke 1
Yo, quit harshing on my mellow, Dom! I was all set to have wonderful dreams tonight about me and Kerlikowske skipping down to the local pot shop and sharing a couple js before a wonderful evening of homemade gazpacho and ice skating on a frozen-over lake union.

Well fuck that, it's doritos and Black Adder on Netflix for me...
Posted by devilsmoke on June 28, 2010 at 2:03 PM
2
Good post, Dominic, I've been really curious about that question.

Posted by TValley on June 28, 2010 at 2:18 PM
jjmcook 3
Come to Ontario and see the beauty of govy run liquor stores. More selection, clean environment, and proper checking of ID and for inebriation. Perhaps a model that resembles Quebec's would be more appropriate... Provincial stores and local business (the depanneur) also allowed to sell.

It seems to me that the current problem with the props you guys have to choose from is the damn tax repeal being included. With your current system for new tax approvals that money is as good as gone.
Posted by jjmcook http://www.facebook.com/jjmcook on June 28, 2010 at 2:56 PM
Vince 4
There really is something wrong when the "land of the free" can't get high. I thank Tricky Dick for this.
Posted by Vince on June 28, 2010 at 3:29 PM
balderdash 5
Good post! I don't really give a goddamn about pot in stores, though. I just want to be able to grow a little without going to federal prison.
Posted by balderdash http://introverse.blogspot.com on June 28, 2010 at 4:15 PM
Will in Seattle 6
During prohibition, people said liquor wouldn't be sold over the counter or at grocery stores.

They were wrong then too.

2020 - you'll need it then, cause we're taking back the Internets since you lusers aren't using it for the intended purposes of furry pr0n, beamtime at CERN, and sharing lab equipment.
Posted by Will in Seattle http://www.facebook.com/WillSeattle on June 28, 2010 at 4:21 PM
7
Great post Dom. You are exactly right.
Posted by I Got Nuthin' on June 28, 2010 at 4:37 PM
8
Pretty sure President Obama said that the Federal law on pot would no longer interfere with the State laws on pot. Just sayin'
Posted by Blargh on June 28, 2010 at 5:42 PM
prompt 9
So well thought out.
Posted by prompt on June 29, 2010 at 1:57 AM
Fenrox 10
Dom, I don't give a shit about pot, I do care about unjust laws and systems and all that hooey, But after reading this (Combined with your super cute new pic) makes me love you that much more.

Please sell yourself next stragercrombie (Nude Stranger staff calendar would be awesome)
Posted by Fenrox on June 29, 2010 at 9:31 AM
Ballard Pimp 11
The state's legal argument wouldn't be as lame as you suggest, Dom. The 21st Amendment has been interpreted by SCOTUS as giving states total control over liquor distribution. For example, nekkid titties have been designated as protected by free speech provisions of the First Amendment except in premises controlled by the states under the 21st Amendment. Specific premises designated by the state (such as state liquor stores) are exempt from all federal laws, like Indian reservations, except to the extent that the state agrees.
Posted by Ballard Pimp on July 4, 2010 at 12:16 AM

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