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Gov. Chris Gregoire has planted her head firmly in the sand (or somewhere else, depending on whom you ask) on the issue of whether to

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Hugh D. Spitzer, UW Constitutional Law Professor, Explains to Gov. Gregoire Why Her Pot Fears Are Preposterous

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Gov. Chris Gregoire has planted her head firmly in the sand (or somewhere else, depending on whom you ask) on the issue of whether to sign the recently passed medical-marijuana reform bill SB 5073. She thinks that by making pot dispensaries legal and regulated by the state government, federal goons are going to march into Washington and start arresting state employees. This is ridiculous. And UW constitutional law professor Hugh D. Spitzer sums up just how ridiculous it is in a letter he just sent to the governor.

The gist of Spitzer's assessment is a little thing called "precedent"--as in, there is no precedent of federal agents showing up and arresting state workers for doing their jobs as far as he knows (and he would probably know).

I am not aware of any situations during the past sixty years, and perhaps not since the Civil War, where state officials were personally prosecuted for carrying out ministerial functions under state law. Even during the civil rights era, when southern state and local officers were actively enforcing laws that were at odds with U.S. Constitution and Federal statutes, we did not see individual prosecutions of those government employees.

Here's the whole thing.

Spitzer Letter

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