HorsesAss.Org

Gene Johnson writes about the meeting today in the other Washington:

SEATTLE (AP) — Washington Gov. Jay Inslee and Attorney General Bob Ferguson met with U.S. Attorney General Eric Holder on Tuesday, but came away no further enlightened about how the federal government will respond to last fall’s votes in Washington and Colorado that set up legal markets for marijuana.

…

Inslee said the meeting with Holder was collegial and the attorney general asked a lot of questions but gave no indication about when the DOJ might make a decision. Colorado’s governor did not attend.

“I went into this believing that our state should continue to move forward with our rulemaking process,” Inslee said. “Nothing I heard during that discussion dissuaded me of that view.”

During a speech in early December, Holder said the DOJ would have a decision relatively soon.

The fact that Holder didn’t make any attempt to stop Inslee and Ferguson from trying to implement I-502 is certainly a positive sign. Holder has to know that the consequences of allowing Inslee and Ferguson to move forward for months and then later decide to use the courts or some other means to shut it down will be embarrassing both to the Obama Administration and to their fellow Democrats in Olympia. Nothing that cynical is likely to happen.

But the fact that Holder gave no additional assurances regarding the federal government’s response makes me a little concerned about what will happen when people start participating in this new above-ground market. This is an important point:

Inslee described the meeting as the opening of an ongoing conversation. He said he gave Holder details of the role of state employees — noting that although they issue licenses to private entities, they won’t be charged with handling or distributing the weed.

This is key because it gets down to some of the more nuanced legal aspects involved. Most (but not all) attorneys I’ve heard from don’t believe that the feds can legally pre-empt the state and arrest workers merely for setting up and carrying out regulations. The only thing that’s pre-emptible is actual participation in the marketplace (and thanks to Raich vs. Gonzalez, privately growing or even merely possessing marijuana is within that definition).

This concerns me because it’s entirely possible that Holder simply doesn’t care about either Washington or Colorado sets up regulations because he’d likely lose that battle in the courts. He may just be biding his time until licenses are given out and then allowing prosecutors to go after growers and sellers he knows he can win cases against. That also may be too cynical an expectation, but after the experiences in Obama’s first term regarding medical marijuana, the cynicism might be justified.

As Obama began his first term, he re-iterated a promise that he – and every other Democratic hopeful in 2008 – made regarding medical marijuana. He wouldn’t use DOJ resources to undercut the various state laws that made it legal. However, over time, that promise was repeatedly violated and a number of folks who were complying with their state laws are now facing long jail terms.

But this turnaround wasn’t the result of a top-down decree by either Obama or the DOJ. This was a bottom-up attempt by various U.S. Attorneys and other folks in the embattled drug war bureaucracy to find ways to circumvent the intent of that decree. In states like California and Montana, the meaning of the state law was ignored and even actively undermined. But in states like Colorado and New Mexico, it was largely respected. And here in Washington, there was even a noticeable difference between the aggressive enforcement in Eastern Washington and the saner approach in Western Washington.

And it was more than just enforcement. We also saw attempts from various institutional drug war tools to scare some state politicians away from regulations that they knew would be impossible to undermine. This is what happened to both Governor Gregoire and Rhode Island Governor Lincoln Chafee as each of them attempted to establish more concrete statewide medical marijuana regulations.

So until there are actual assurances from Holder (and maybe not even then) that our state laws will be fully respected, there’s definitely a concern about what various lower level drug warriors in the DOJ and the DEA could do once we start handing out the licenses. There would certainly be a political backlash to any attempt to undermine the will of Washington and Colorado voters, but it could be another in a long line of political backlashes that folks in Washington DC barely notice. Or maybe this time will be different. Maybe having state officials like Inslee and Ferguson fighting for the voters of their state will force Holder to keep his folks in line. Still a long way to go before this starts to play out.

Goldy reports on Rodney Tom’s (among others) attempts to kill the state’s GET program.

“We don’t need to be in that business,” state senator Rodney Tom (R-Medina) insisted about the program while speaking at a January 10 Associated Press forum in Olympia. It was a sentiment with which Senator Steve Litzow (R-Mercer Island) and Representative Ross Hunter (D-Medina) later agreed. That’s three lawmakers from two of the wealthiest zip codes in the state dissing a program that has been a boon for the real middle-class families statewide.

Talk about being out of touch.

Lawmakers instead appear eager to implement “differential tuition” pricing, permitting universities to charge more for certain majors, like engineering and business management.

If you’d like to contact Rodney Tom and let him know that you don’t think the state legislature should be dismantling public education, or middle class access to public education, you can do so here. If you want to let the members of the House and Senate Higher Ed committees know you want to preserve access to higher ed, you can let them know at the links. If you’d like to find your own legislator and let them know, that’s great too.

My own plan to save GET is here.

Welcome to the second term. Please join us for a post-inaugural celebration and assessment over a pint at the Seattle Chapter of Drinking Liberally.

We meet every Tuesday at the Montlake Ale House, 2307 24th Avenue E. Starting time is 8:00pm. Some people show up earlier for Dinner.

Can’t make it to Seattle tonight? Check out one of the other DL meetings over the next week. The Tri-Cities chapter also meets tonight. On Wednesday, the Burien and Bellingham chapters meets, And on Thursday the Woodinville chapter meets.

With 200 chapters of Living Liberally, including thirteen in Washington state, four in Oregon, and two more in Idaho, chances are excellent there’s a chapter that meets near you.

Cathy McLain at the Seattle Times has a post with some info about tomorrow’s meeting between Gov. Inslee, AG Ferguson, and US AG Holder that I wrote about yesterday:

Rick Garza of the Washington Liquor Control Board said Monday he expects the federal government will try to take action if Washington’s system has loose controls. He says it’s important for Washington to have a strong regulatory structure that would limit how much marijuana is grown to ensure that it’s only meeting demand for in-state users.

I-502 already codifies a lot of the specifics of the regulatory scheme, but also leaves a lot up to the discretion of the state liquor control board. If you look at the text of the new law [PDF] on page 18, you’ll see the following:

NEW SECTION. Sec. 10. The state liquor control board, subject to the provisions of this act, must adopt rules by December 1, 2013, that establish the procedures and criteria necessary to implement the following:

…

(3) Determining the maximum quantity of marijuana a marijuana producer may have on the premises of a licensed location at any time without violating Washington state law;

That section also deals with how the LCB can regulate other parameters of a legal marketplace, including how many retail outlets will be allowed in an area and how marijuana can be advertised. If Garza is speaking with knowledge of what Holder is planning to do, this is a good sign that they’re willing to tolerate I-502’s implementation.

On the other hand, what could end up happening is that we’ll get overly restrictive regulations based upon a fear that Washington will become a supplier for other states. If that’s the case, we’ll be the pioneering state for all of this, but we might end up with an archaic and inefficient regulatory model similar to what we previously had for liquor, while other states are freer to set up smarter regulations when they later take this step.

It looks like Seattle will get NBA basketball again.

We are happy to announce that we have entered into a binding agreement with the Maloofs to purchase a controlling interest in the Sacramento Kings NBA franchise. The sale is obviously subject to approval by the NBA Board of Governors, and we look forward to working with the League in the coming months to consummate the transaction.

I’m glad for the city, and will probably go to a few games. And while I appreciate the potential problems with the location, there’s something magical about it being in walking distance of Downtown. I absolutely love walking or biking to Mariners games, and while the Sonics will play when it’s colder, it’s still a good brisk walk. The arena deal is about as good as we’re likely to get. So yes, it’s lovely that this happened.

But it’s also tough for Kings fans. We all know it’s tough to have your team taken away. So when you’re celebrating this, just remember the people who had to lose for us to gain.

– Happy MLK Day. Here are some events.

– Who could have predicted that the numbers wouldn’t work out for tolling the 99 tunnel?

– I don’t know why columnists go for snark. If you ignore the not helpful stuff, this list of Olympia terms is fine.

– I really like Jay Inslee, but I hate the way money works in Olympia.

– Voter suppression didn’t win the presidential race for Mitt Romney, so now Republicans are trying to find another way to steal the next election and make Democratic votes count less—change state laws so electoral votes are divided proportionally, by congressional district.

Last week’s contest was won by Geoduck, who edged out Liberal Scientist by a few minutes. It was Surprise, AZ.

This week’s contest is somewhere in Washington state, good luck!

This Tuesday, Governor Inslee and Attorney General Ferguson will meet with U.S. Attorney General Eric Holder to discuss the implementation of the state’s new marijuana regulations. According to Inslee’s communications director, David Postman, Inslee requested the meeting.

A good part of this news I’m enthusiastic about. Despite not being a supporter of I-502 during the campaign, Inslee appears to be keeping his word about supporting its implementation, part of which could involve some butting of heads with the Obama Administration. Inslee has a certain amount of leverage right now to get things started. He’s a Democratic governor in a state that just overwhelmingly voted to bring about this change.

Also, with Eric Holder staying on the job in Obama’s second term, it’ll be easier for Inslee to come to an understanding that won’t be swept under the rug by someone else coming in. Maybe I’m being too optimistic about that considering what happened with Obama’s promises regarding medical marijuana in his first term, but it’s worth noting that states that had more thorough statewide medical marijuana regulations (like Colorado, New Mexico, and New Jersey) didn’t have as much interference as states that didn’t (like California and Montana).

Regulated marijuana sales to all adults are certainly another level of defiance against federal prohibition, and the Obama Administration has yet to make any kind of statement about respecting statewide laws like I-502 that they previously did with medical marijuana laws (and then didn’t quite keep). But the country has transformed quite a bit since medical marijuana laws started becoming a reality in the 90s. When even the Drug Czar is forced to acknowledge the changed landscape, we’re in uncharted territory.

If Inslee and Ferguson can get a promise (even if it’s a private one) from Holder that they’ll respect the implementation of I-502, that’ll be an even more significant sign of how much things have changed. I-502 was set up with this in mind, including a number of provisions meant to placate the fears of feds (requiring facilities to be 1000 ft from schools and parks, FBI background checks for licensees, per se DUI language). That may be enough for the Administration to take that next leap.

But it may not. It’s also possible that Holder will dig in his heels for the drug war establishment and tell Inslee to put the brakes on I-502’s implementation or to expect enforcement actions or a lawsuit. I’d hope that Inslee would be able to explain how politically unwise this is, but it’s not clear where his thinking (or the Administration’s) is on all this. All of this is now happening in the shadow of the larger battle over gun control, and the optics of overriding a law like I-502 in the midst of that could make for some unusual alliances.

We’ll find out something on Tuesday, even if it’s just that the Administration is still not ready to commit to anything. As I’ve mentioned before, this may be the worst outcome, as it casts doubt over the ability of the WSLCB to start regulating this market without the participants later becoming criminals.

Exodus 35:2
For six days, work is to be done, but the seventh day shall be your holy day, a day of sabbath rest to the LORD. Whoever does any work on it is to be put to death.

Discuss

Thom: Whole Foods…now serving food and fascism.

Gov. Jay Inslee’s Inaugural address.

Thom: The Good, The Bad, and The Very, Very Ugly.

A Farewell to Firearms:

• Jon slams pro-NRA Republicans… (via Crooks and Liars).
• Sam Seder: NRA ad targets Obama’s children.
• The NRA Stand and Fight parody:
• Thom and Pap: Guns and GOP hypocrisy
• Lawrence O’Donnell: The gun makers who run the ‘blood-drenched’ NRA
• Sam Seder Pro-NRA Democrats put on notice.
• Maddow: The NRA & ‘gun grabber’ paranoia
• Sharpton: The GOP’s gun playbook pulled from ‘Jim Crow’ history books.
• ONN: Objections over some gun-related regulations.
• Jon: On FAUX News’ ‘tyranny’ hysteria over Executive order.
• Young Turks: NRA targets Obama’s kids…and Cenk!
• Sam Seder: Republicans, “Guns are part of God’s plans!”
• Alex Wagner: GOP gets all unhinged over gun proposals.
• Stephen: Double Barrel Blam-O-Rama (via Crooks and Liars).
• Jennifer Granholm and Pap: Gun industry makes billions while children suffer.
• Ann Telnaes: The NRA’s vision for America.
• Lawrence O’Donnell: The Republican’s backward evolution on gun control
• Thom: The Second Amendment was passed to protect slavery.
• Sam Seder: Polls on gun control measures.

Thom with more of The Good, The Bad, and The Very, Very Ugly.

Washington Liberals music: “We Will Screw Ya”.

Mark Fiore: The G.O.P. Debt-B-Gone plan.

Thom with even more Good, Bad, and Very, Very Ugly.

Liberal Viewer: Colin Powell calls Republicans racist?!?

Maddow: At start of 2nd term, Obama is finally beating the crap out of Republicans.

Sam Seder: Glen Beck uncloaks….

White House: West Wing Week.

Rigging Elections:

• Maddow: The GOP gerrymandering strategy
• Thom: The GOP takes vote rigging advice from Stalin.
• Sam Seder: New Republican strategy to steal elections.
• Matthews: Gov. Rick Scott (R-FL) now ducking his own 2012 voter suppression orders.
• Sharpton: Gov. Rick Scott ducking his voter suppression record.

Sharpton: The GOP Birfer Brigade is back!

Ed: Filibuster reform and Republican obstructionism.

Forty Years after Roe v. Wade.

• Ann Telnaes: 40 years of Roe v. Wade.
• Maddow: A women’s right to abortion under attack.
• Young Turks: Limbaugh, “Women who seek abortions should be shot.”

Obama: Message for MLK Day:

Maher with some New Rules (via Crooks and Liars).

Stephen: Ladies had better live up to Pat Robertson’s “eye pudding” standard (via Crooks and Liars).

Young Turks: Republicans surrender…they will raise the debt ceiling.

Sam Seder: GOP training to learn not to mention “rape”..

Retreat!!!!

• Lawrence O’Donnell: Republicans retreat to colonial Williamsburg, VA…to surrender?
• Alex Wagner: GOP image rehab….

Young Turks: Colin Powell rips GOP over racist remarks.

Last week’s Friday Night Multimedia Extravaganza can be found here.

I’m a bit worried that Senator Ericksen thinks he invented the aspirational goal of cheap electricity. Not that he invented some way made electricity cheaper — that would be awesome — but just talking about cheaper energy. Like he thinks he invented talking. About cheaper energy. How else do you explain titling his press release “Ericksen pleased to hear Inslee echo his energy goals“?

Yes, the governor. Who wrote a book about energy. Is echoing some state senator. The governor. Whose signature issue has been energy for over a decade. Is echoling some state senator.

Obviously, what laws pass matters most. And if they see eye to eye, that’s probably a good thing.

Seattle teachers who decided not to administer the MAP test here are there reasons:

Seattle’s ninth- and 10th-grade students already take five state-required standardized tests, with 11th- and 12th-graders taking three. Seattle Public Schools staff admitted to a Garfield teacher the MAP test is not valid at the high-school level, because the margin of error is greater than expected gains.

In addition, teachers are forbidden to see contents of the MAP test so they can’t prepare students. Teachers who have looked over the shoulders of students taking the test can tell you that it asks questions students are not expected by state standards to learn until later grades.

This test especially hurts students receiving extra academic support — English-language learners and those enrolled in special education. These are the kids who lose the most each time they waste five hours on the test. Our computer labs are commandeered for weeks when the MAP is on, so students working on research projects can’t get near them. The students without home computers are hurt the most.

Students don’t take the MAP seriously because they know their scores don’t factor into their grades or graduation status. They approach it less seriously each time they take it, so their scores decline. Our district uses MAP scores in teacher evaluations, even though the MAP company recommends against using it to evaluate teacher effectiveness and it’s not mandated in our union contract.

I’m not sure if it spreads, or where it goes from here. But I’m glad the teachers at these schools are standing up for education.

– Picking a favorite part of this Pam Roach presser is damn near impossible. But I think “not even arguably” she cares more about people than anyone else in the Senate is probably it.

– Jonah Goldberg’s opposition to hucksters in movement conservatism is only hostility to the competition.

– Assholes gonna asshole.

– Mayhap they’ll start including a list of each athletes favorite performance enhancing drugs on their collectable cards!

– This Brandon McCarthy Twitter battle encapsulates everything right and wrong with sports people on social media.

If Washington NARAL are pushing the Reproductive Parity Act again this session then that’s good enough for me.

Washington voters have a long history of ensuring a woman’s ability to make the decision to have an abortion. As Washington proceeds with the implementation of the Affordable Care Act (ACA) Washington women could face increased barriers in their ability to access reproductive health care, including abortion services. Anti-choice politicians in Congress tried to undermine the ACA by inserting a provision to roll back reproductive healthcare. This legislation addresses that problem and guarantees access to a full range of reproductive healthcare including abortion.

The link is a petition, and if that’s your thing, I’d encourage you to add your name. If writing your legislator directly is more your thing, you can find them here. Presumably it’ll be able to pass the State House again. But even before the GOP coup, this was going to be tougher in the State Senate. I assume it’ll go to the Health Care Committee where Senator Becker will kill it. But if you’re represented by someone on the committee, you might want to let them know how you feel.