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Could they scrub the victory for bud? they are considering legal moves against washington and colorado, two states. it could foil initiatives legalizing marming marg. pot is still -- marijuana. pot is still illegal nationally. and they are wondering how they can respond to the giant clouds of smoke emanating from the state. one option is to sue them on the grounds that weed violates federal law. but it would be a slap in the face to the president's pro pot base. said one polly sy professor, it is a sticky i cany wicket. they said, quote, no take backs. for more on this let's go to a helpful pa...

Failing. there is an amendment 1 that would define marriage as between a man and m would. that is not winning. it is too close to call. same-sex marriage did well as did the marming marg. in california you mentioned the death penalty and proposition 34 which would have uh bowlish sh -- have abolished the death penalty. we covered that from the last six or eight years that's been going on. right now it is not passing. right now california still officially at this hour has the death penalty, but we will know probably later this morning whether that goes forward or goes against. the ballot initia...

Let's discuss this in the -- >> lightning rrrooooouuunnnd of the lightning round. >> you didn't have enough air to do the whole thing. >> that's what marming marg does to your -- that's what marijuana does to your lungs, kids. >> greg was having me laughing. >> that's why it is around. so you can be happy. >> even if older men are less likely to commit crimes why should their punishments be cut short? >> i don't think it makes a lot of sense. but i think the better question is maybe we shouldn't be putting some of these people in jail to begin with. maybe somebody who lights up a joint shouldn...

>> lightning rrrooooouuunnnd of the lightning round. >> you didn't have enough air to do the whole thing. >> that's what marming marg does to your -- that's what marijuana does to your lungs, kids. >> greg was having me laughing. >> that's why it is around. so you can be happy. >> even if older men are less likely to commit crimes why should their punishments be cut short? >> i don't think it makes a lot of sense. but i think the better question is maybe we shouldn't be putting some of these people in jail to begin with. maybe somebody who lights up a joint shouldn't be put in prison so we don...

Monitor every tweet that is sent out. but i think they are generally pretty good about it if it is brought to their attention. >> after the third kill scott walker, i think he is kidding. >> that's not something you would say though. >> the point is, who ever gets you never tells you. it is always a fan. i am apologizing for some of those. >> i need to move on. from making threats to cigarettes. do more teens dig weed over cigs? according to a study by centers for disease control high schoolers prefer to get high than touch tobacco. but 2001 youth risk survey found 18% of adolescents recentl...