Making illegal legal: Gay marriage, marijuana; RLG lawyers react to votes

“The times, they are a changing”

Maine and Maryland became the first states to approve same-sex marriage by popular vote, while Washington state and Colorado set up a showdown with federal authorities by legalizing recreational use of marijuana—historic votes altering the course of American social policy

“Today the state of Washington looked at 70 years of marijuana prohibition and said it’s time for a new approach,” Alison Holcomb, manager of the campaign that won passage of Initiative 502 in Washington, told AP.

Colorado Gov. John Hickenlooper, a Democrat who opposed legalization, was less enthused. “Federal law still says marijuana is an illegal drug, so don’t break out the Cheetos or Goldfish too quickly,” AP reported.

“The people of Washington and Colorado have apparently had enough of failed marijuana prohibition policies and choose to regulate and control instead of criminalize, air,“ said Ryan Hurley, co-chair of RLG’s Medical Marijuana Department. “When the federal government refuses to evolve, states will continue to take the initiative for positive change.”

The results in Maine and Maryland broke a 32-state streak, dating to 1998, in which gay marriage had been rebuffed by every state that voted on it. They will become the seventh and eighth states to allow same-sex couples to marry.

“The people of Maine, Maryland and Minnesota, like many others, have recognized that state legitimized discrimination is no less discrimination, and it’s time to speak up and ensure that everyone, regardless of your sexual orientation have equality in marriage,” said Laura Bianchi, Director RLG’s Estate Planning/Asset Protection Department.

In another gay-rights victory, Minnesota voters defeated a proposed constitutional amendment that would have banned same-sex marriage in the state. Similar measures were approved in 30 other states, most recently in North Carolina in May.

Washington state also voted on a measure to legalize same-sex marriage, though results were not yet available

The outcomes of the marriage votes could influence the U.S. Supreme Court, which will soon consider whether to take up cases challenging the law that denies federal recognition to same-sex marriages.

The marijuana measures in Colorado and Washington will likely pose a headache for the U.S. Justice Department and the Drug Enforcement Administration, which consider pot an illegal drug. The DOJ has declined to say how it would respond if the measures were approved.

Colorado’s Amendment 64 will allow adults over 21 to possess up to an ounce of marijuana, though using the drug publicly would be banned. The amendment would allow people to grow up to six marijuana plants in a private, secure area.

If you’d like to discuss medical marijuana, contact Ryan Hurley, head of the Rose Law Group Medical Marijuana Dept., rhurley@roselawgroup.com

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November 2012
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