Different sections of the law were referred to the committee on Judiciary and Public Safety, Committee on Business and Economic Development, Committee on Finance and Revenue, and Committee of the Whole with comments from the Committee on Transportation and the Environment. No hearings have been scheduled yet.
With the Mayor’s Safe Cannabis Act of 2019, there are now two different cannabis legalization bills before the DC Council. We believe that the best law will be a hybrid of both laws and ample witness testimony provided by DC’s cannabis community.
In order to obtain the DC cannabis community’s concerns about this legislation, we have created a thorough community feedback form here on our website. The entire legislation broken into chapters where you can provide feedback for each section. At an upcoming DCMJ Planning Meeting, before the public hearing, we will go over the community feedback and draft our testimony based on the feedback you provide.
DC CANNABIS COMMUNITY FEEDBACK INSTRUCTIONS:
We suggest reading the entire legislation first before making any comments. You don’t have to be a lawyer to understand the law! By reading the legislation in it’s entirety you can get a better picture of the legislation.
Find parts of the legislation you like, dislike, would like to have changed or added to
Find the corresponding Chapter and Section on this page (Like Chapter 25, Section 03 = 2503) and select the proper dropdown box. Some Sections have Subsections (a, b, c, d, etc.), while others don’t. To ensure your feedback is the most direct, include the Subsection when available
Enter your feedback into the Google Form. Be as descriptive as possible. Explain why you think the section is good, bad, needs to be removed, or changed
Attend an upcoming DCMJ Planning Meeting to discuss your feedback and hear other’s feedback. By including your email address, we will add you to the DCMJ email list so you’ll know when we are discussing the legislation next
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
act may be cited as the “Marijuana Legalization and Regulation Act of 2019”.
This draft legislation was transmitted to the DC Council and introduced on May 6 as B23-0280 – Safe Cannabis Sales Act of 2019. Different sections of the law were referred to the Committee on Business and Economic Development, Committee on Finance and Revenue, Committee on Judiciary and Public Safety, and Committee of the Whole. No hearings have been scheduled yet.
Numerous members of the DC cannabis community have brought to our attention that some changes in the legislation may negatively impact the rights we earned through the passage of Initiative 71, so we have developed this page on our website as a means to solicit feedback from all community stakeholders.
The Mayor’s draft legislation is a starting point, not the end point. There will be a least one hearing where the general public (YOU!) will be able to testify on positives, negatives, and suggested changes to the legislation. After the hearing, the legislation will be amended based on community input before it is finally voted on in the various committees. It will also be voted on by the entire DC Council, where even more amendments can be made before the legislation becomes law. The final DC Council vote will not happen before October 1, 2019, so we have all summer to work on making this legislation better.
In order to obtain the DC cannabis community’s concerns about this legislation, we have created a thorough community feedback form here on our website. The entire legislation broken into chapters where you can provide feedback for each section. At an upcoming DCMJ Planning Meeting, before the public hearing, we will go over the community feedback and draft our testimony based on the feedback you provide.
DC CANNABIS COMMUNITY FEEDBACK INSTRUCTIONS:
We suggest reading the entire legislation first before making any comments. You don’t have to be a lawyer to understand the law! By reading the legislation in it’s entirety you can get a better picture of the legislation.
Find parts of the legislation you like, dislike, would like to have changed or added to
Find the corresponding Chapter and Section on this page (Like Chapter 25, Section 03 = 2503) and select the proper dropdown box. Some Sections have Subsections (a, b, c, d, etc.), while others don’t. To ensure your feedback is the most direct, include the Subsection when available
Enter your feedback into the Google Form. Be as descriptive as possible. Explain why you think the section is good, bad, needs to be removed, or changed
Attend an upcoming DCMJ Planning Meeting to discuss your feedback and hear other’s feedback. By including your email address, we will add you to the DCMJ email list so you’ll know when we are discussing the legislation next
Together we’ll end up with the best cannabis legislation in the country. Now is not the time to protest the draft legislation, rather it’s time to work together to craft what we want. If the final legislation totally sucks, we can always do another ballot initiative!
NOTE: The Community Feedback starts on Page 5 of the draft legislation. The first 4 pages are not regarded as important to the nature of the proposed legislation but are included below:
Sec. 2. Title 25 of the District of Columbia Official Code is amended as follows: Continue reading →
THANK YOU TO EVERYONE WHO CONTACTED THE DC COUNCIL TO #AMENDTHEBAN!
Today the DC Council voted to create a Task Force that will develop recommendations on how the District of Columbia should go forward with social cannabis use.
The Task Force is to be composed of the following persons or their designees:
The Director of the Alcoholic Beverage Regulation Administration
The Director of the Department of Consumer and Regulatory Affairs
The Director of the Department of Health
The Chief of the Metropolitan Police Department
The Attorney General for the District of Columbia
Two members of the Council of the District of Columbia, as appointed
by the Council
The Task Force has 120 days to create a report that shall include but not be limited to the following:
Effective ways to regulate venues to ensure the health and safety of staff, members, and invitees and the health and safety of the nearby public and the general public
Hours of operation
Occupancy limits
Whether food or beverages (alcoholic and non-alcoholic) may be sold on the premise
The District agencies that should be involved in regulating the venues
Security plans
The amount of marijuana an individual shall be permitted to possess at the venue
Whether a venue can store marijuana for a member, or invitee, of a venue
Penalties for violating the regulations
Licensing, including the requirements for licensure, such as proof of compliance with all applicable District laws, the application procedure, and fee structure
Cost of membership or admission
The limitations as to the location and the number of venues allowed to operate in the District
How all District residents can utilize the benefits of Initiative 71
The January 4th Legislative Meeting of the DC Council was a rollercoaster and we expect the February 1st meeting to be just as exciting. First the DC Council voted to #LetTheBanExpire, then the Mayor called members of the DC Council and told them to have a revote on the ban, and after the second vote the DC Council renewed the ban on social cannabis use…
Sounds like we lost, but we didn’t. Here’s why: the DC Council is going to amend the ban before it becomes permanent law. We believe the amended version will be less broad and carve out exceptions for adult use outside of private residences. In the meantime, nothing changes- the ban from 2015 is in place for at least 90 more days, but we now have the opportunity to fix the law before it becomes permanent, but we need everyone to step up their efforts and lobby the DC Council about the need to #AmendTheBan.
We are looking to you to come up with proposed solutions! Ballot Initiative 71 never made it illegal to consume cannabis “any place to which the public is invited,” rather the DC Council passed that law and in an attempt to clarify which places “any place” means they created an overly broad ban and we are going to need your continued support to amend this hastily written law before it becomes permanent.
Yesterday we also found out who are our allies on the DC Council when it comes to cannabis prohibition and which DC Councilmembers need to be educated more about the need to allow adults to be able to use cannabis outside their homes.
Ward 1 Councilmember Brianne Nadeau was yesterday’s rockstar. If you have a moment, send her an email thanking her for the leadership she displayed yesterday!
Ward 2 Councilmember Jack Evans also supported letting the ban expire. If you have a moment, send him an email thanking him for his leadership.
Unfortunately, the majority of the DC Council needs to be educated on why the ban needs to be amended, please click on their email addresses to send them a pre-written email.
SUBJECT: Amend the Social Ban! BODY: Councilmember [ Insert Councilmember ],
At the upcoming Legislative Meeting please vote in support of amending the ban on social cannabis use. I hope that you understand that adults deserve a place to consume cannabis away from their children and away from federally owned property.
Ballot Initiative 71 doesn’t say or imply “Home Grow, Home Use,” as some people want you to believe. In reality it says something closer to “Home Grow, Adult Use.” Nowhere in the ballot initiative does it say adults should only be allowed to use cannabis at home. Rather, it’s DC’s Decriminalization of Marijuana law that you passed that forces adults to only be able to use cannabis at home.
Moreover, there is a common misconception about private “cannabis clubs” you need to better understand. As you know, the sale of cannabis is not permitted under Initiative 71, even indirectly. Therefore paying fees for club membership in order to receive “free” cannabis is not legal either. Advocates are NOT seeking places for adults to attempt to circumvent the law in order to illicitly purchase cannabis, rather, we are seeking safe places where adults can congregate and consume cannabis together that are not at people’s homes. There is a big difference!
Allowing adults to consume cannabis together at licensed venues is better than the status quo of only at private residences. By permitting social cannabis use ONLY at private residences, the DC government CANNOT REGULATE:
— The checking of IDs to ensure everyone inside the residence is 21 years of age or older
— Whether the home has working smoke detectors
— Whether the home has working fire extinguishers
— Whether the home has illuminated exit signs
— Whether the home has a maximum number of people allowed inside
— Whether the home is properly zoned to handle large numbers of people
— Whether the home does not have licensed kitchen to ensure proper food handling
— Whether the home may be on federal property
— Whether the home may expose children to second-hand cannabis smoke
— Whether the home is ADA-compliant
The only thing the DC Government can regulate is the SOUND. Neighbors can call the police and complain that the sound coming from the property is a nuisance. The police will arrive and tell the tenant that if the Police are forced to return to the residence after another noise complaint, the tenant will be arrested.
In order for a venue to have a certificate of occupancy, it must have most of those items listed above. That is proper regulation! Ironically, it’s the certificate of occupancy that can be taken away by the mayor if ONE person lights up ONE joint at any licensed venue in DC. The ban is absurd and impossible to enforce.
Please amend the social use ban and allow adults to responsibly consume cannabis together at venues that allow it!
Thank you for your time.
MAKE PHONE CALLS TODAY!
Here’s a sample phone call script: Councilmember’s Staffer: Hello, Councilmember [ Insert Councilmember ]’s Office, how can I help you? YOU: Hello, my name is [ Insert Your Name ], and I’m calling to request the Councilmember help amend B21-0550, the Marijuana Decriminalization Clarification Amendment Act of 2016. This legislation is far too broad and discriminates against adults who live in homes where cannabis use is not allowed. Please ensure this poorly worded legislation is amended before you vote on it. Thank you for your time.
Background on the Social Use Ban
Some people asked us what the ban is all about. They were like, “hey translate this to stoner speak so I can explain this to my friends.” Here’s our explanation:
The Decriminalization of Marijuana law that went into effect in July of 2014 (before we voted on i71) says:
Sec. 301. Consumption of marijuana in public space prohibited; impairment prohibited.
(a) Notwithstanding any other District law, it is unlawful for any person to smoke or otherwise consume marijuana in or upon a public space, or in or upon any of the following places:
(1) A street, alley, park, sidewalk, or parking area;
(2) A vehicle in or upon any street, alley, park, or parking area; or
(3) Any place to which the public is invited.
This means as long as the public was not invited to the private event, cannabis was allowed to be used. As in, a meeting of a private club (not a nightclub, but a private membership club) means that the public is not techinically invited unless they are a member of the club. For example, if we were to make DCMJ a private membership club and we invited everyone on this list, as long as your name was on the membership list when reached the door, you could enter, and cannabis could be consumed legally at the club’s meeting.
However, the day after Ballot Initiative 71 became law the Mayor sent legislation to the DC Council that amends section (3) to “clarify” what places the public is invited. Below is the ban that was renewed yesterday:
Sec. 301. Consumption of marijuana in public space prohibited; impairment prohibited.
(a) Notwithstanding any other District law, it is unlawful for any person to smoke or otherwise consume marijuana in or upon a public space, or in or upon any of the following places:
(1) A street, alley, park, sidewalk, or parking area;
(2) A vehicle in or upon any street, alley, park, or parking area; or
(3) Any place to which the public is invited. For the purposes of this subsection, and notwithstanding any other provision of law, a private club, which includes any building, facility, or premises used or operated by an organization or association for a common avocational purpose, such as a fraternal, social, educational, or recreational purpose, is a place to which the public is invited; provided, that a private club does not include a private residence.
As you can see “claification” is a broad ban on all venues EXCEPT people’s homes.
We often get asked this question:
Q: Why can’t the DC Government just tax & regulate cannabis like Oregon, Colorado, Alaska, and Washington state?
A: Representative Andy Harris (R-Maryland) convinced enough members of the House of Representatives that the 2016 budget needs to have the following language:
(b) None of the funds contained in this Act may be used to enact any law, rule, or regulation to legalize or otherwise reduce penalties associated with the possession, use, or distribution of any schedule I substance under the Controlled Substances Act (21 U.S.C. 801 et seq.) or any tetrahydrocannabinols derivative for recreational purposes.
This means the DC Council can’t pass any new laws that “reduce penalties” associated with marijuana. They can, however, pass laws that clarify existing marijuana laws or increase pentalties, which is what they are doing now with the ban. Until this section above is removed from the Congress’s budget for the District of Columbia, the DC Council has their hands tied on passing tax & regulate. As long as the House of Representatives remains controlled by the Republican Party, it is likely this travesty will continue.
We need you to Call AND Email the members of the Committee on the Judiciary!
Before the entire DC Council can vote on B21-0107, it first must be voted out of the Committee on the Judiciary. This Committee vote is scheduled to take place on Wednesday, January 27. TIME IS RUNNING OUT!
Here’s a sample phone call script: Councilmember’s Staffer: Hello, Councilmember [ Insert Councilmember ]’s Office, how can I help you? YOU: Hello, my name is [ Insert Your Name ], and I’m calling to request the Councilmember to vote against B21-0107, the Marijuana Decriminalization Clarification Amendment Act of 2015. As a member of the Committee on the Judiciary, their vote against this poorly worded legislation is important to all cannabis users in Washington, DC. Thank you for your time.
SEND AN EMAIL TODAY!
Here’s a sample email:
SUBJECT: Do not markup B21-0107
BODY: Dear Councilmember [ Insert Councilmember ],
As a member of the Committee on the Judiciary, I am writing today to urge you to vote against B21-0107. This poorly-worded legislation is bad for the District of Columbia and does not deserve your committee vote. Adults in DC deserve the right to consume cannabis in private establishments.
Thank you for your time.
[ Your Name ]
Click here to download hearing on B21-0107. The portion of the hearing that deals with B21-0107 starts at 52 minutes and 21 seconds and the government witness, DCRA Director Melinda Bolling, starts at 2 hours and 48 minutes. If you don’t want to download the entire hearing on to your computer, you can stream it on-line by clicking here and then clicking on “video” on the line that says “Committee on Judiciary, Public Hearing, Kenyan R. McDuffie, Chairperson – 12/10/15.”
Even though Initiative 71 legalized cannabis, it cannot be consumed anywhere in DC other than in a private home. This is because, the week after Initiative 71 took effect, the DC Council passed emergency legislation (Act 21-149) that banned marijuana consumption at any bar, nightclub, bingo hall, or private venue in Washington, DC. Without any pressing reason, the Mayor and the DC Council severely restricted our rights as cannabis consuming adults.
Unfortunately, many people can’t use cannabis in their homes, because they live in federally-subsidized housing where they would risk eviction, their landlord won’t allow it, or they don’t want to smoke or vape around their children. Thus, they have nowhere to go except the street, where they risk being convicted of the crime of public consumption. If this law expires, as it is scheduled to do on January 15, people could consume cannabis in private venues and at private events. While DC residents might be tolerant of their neighbors smoking outdoors, the ban needs to go!
On Thursday, December 10, 2015 at 10:00 am in Room 123 of the John A. Wilson Building (1350 Pennsylvania Ave. NW), the Committee on the Judiciary will hold a public hearing on B21-0107, which would make this unnecessary and harmful law permanent.
We believe that some members of the DC Council who supported the temporary law are prepared to change their vote and oppose this legislation, but they need to see that their constituents (YOU!) care about this issue. Your presence will make a huge difference!
Signing up to testify is easy. Just email Kate Mitchell, Judiciary Committee Director, at kmitchell@dccouncil.us, or call her at (202) 727-8275, and provide your name, phone number, title (if any), and the organization you work for (if you are speaking on the organization’s behalf). The deadline to sign up is 5:00pm on December 7, 2015.
If you plan to testify, please come to our “how-to” meeting on Wednesday, December 9, 2015 at 7pm at 2448 Massachusetts Ave. NW. Please email RSVP@DCMJ.org so we know how many people to expect.
