LEGAL MARIJUANA AFTER NOVEMBER VOTE? MAYBE YES, MAYBE NO

SACRAMENTO - Californians on Thursday woke to the surprising news
that, come November, they'll get to decide whether their state should
be the first to legalize marijuana. And with that news came one
whopper of a question:

Dude . . . we can do that?

According to law professors and other experts, the answer is yes - but ..

No matter what Californians decide, marijuana will still be illegal
under federal law. That means a tangle of legal and political
questions must be confronted before advocates can realize their dream
of freely growing, selling and using marijuana everywhere in the Golden State.

First, voters have to sign off on what might be a contentious
campaign - no sure thing, despite recent polls showing an upswing in support.

And complaints from neighboring states, whose residents could flock
to California, may prove too loud for the White House to ignore.
Federal prosecutors and drug agents, who have largely let state
prosecutors handle drug crimes in recent decades, could begin to
intervene in smaller-scale cases.

"The pressure on the Obama administration to try to block this or
resist it is going to be enormous," said Robert MacCoun, a UC
Berkeley law professor and drug policy expert. "It's very hard for a
single state to pass a law like this and implement it."

Moreover, experts say, approval of the referendum could trigger a
backlash against Proposition 215, the state law that authorizes
medicinal use of marijuana. While the Obama administration last year
promised to turn a blind eye to sick people, even though medical
marijuana also conflicts with federal law, it may not be willing to
do the same when it comes to street-corner dealers and people who
just want to get high.

Advocates on Thursday appeared more sanguine. "The federal government
is going to allow the state of California to move forward with this,"
said Salwa Ibrahim, spokeswoman for the pro-legalization campaign led
by cannabis activist Richard Lee of Oakland. "We're not worried about it."

Added Assemblyman Tom Ammiano, D-San Francisco, sponsor of a separate
decriminalization bill: "We do have the right to legalize, even with
the federal law as it is."

The initiative, officially the Regulate, Control and Tax Cannabis Act
of 2010, was certified for November's ballot Wednesday after backers
turned in signatures from hundreds of thousands of voters.

If it's approved, adults 21 and older would be permitted to possess
up to an ounce of marijuana; anyone could grow up to 25 square feet
of plants per residence; and local governments would be asked to
craft rules on distributing and taxing marijuana. The Secretary of
State's Office said it would take effect the day after Election Day.

Both the governor's office and the office of the state attorney
general declined to comment on the initiative Thursday. Attorney
General Jerry Brown, who also will appear on the November ballot as
the Democratic nominee for governor, is charged with writing official
ballot summaries for initiatives and told reporters he should remain
neutral for that reason.

A White House spokesman also declined to comment, although the
president and some administration officials have previously said they
do not support legalization.

Supporters are emboldened in part by a Board of Equalization estimate
that said marijuana tax revenue could add more than $1 billion to the
state's starved coffers - although some experts question that, saying
few people likely would report marijuana sales on their federal
income taxes for fear of prosecution.

"If other states do this, over time, that might affect Congress'
attitude, and the president's," said Vikram Amar, a law professor at
UC Davis. "But until federal law changes, I wouldn't advise someone
to run the risk of getting thrown in federal jail."