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.
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.
As we gear up toward this Fall’s first legal cannabis harvest in Washington, DC, we’d love to share photos of your indoor cannabis gardens. Dubbed #ShowYourGrow on Twitter, we’d like to start including photographs in future DCMJ emails, as well as showcase them here on the website.
Please email your indoor garden photos to ShowYourGrow@DCMJ.org and indicate in your email whether you want to remain Anonymous or if you want your name published, the name of the strains (if known) in the photo, and the Ward your indoor garden is located in (or your Zipcode if you don’t know your Ward). Please send us your favorite photo instead of multiple photos! Unfortunately, we will not use photos that have been taken outdoors.
IMPORTANT: if you are sending us (or strangers!) photos taken from your phone, be sure to remove the GPS info in the photo’s EXIF data. Click here for a decent guide on how to strip the GPS data from your photos. Why remove the GPS data? When you take the photo and share it, you may be telling everyone the precise location of where your indoor garden is located and may be inviting some unwanted company.
Since Ballot Initiative 71 passed last November, the DC Cannabis Campaign has received many requests for cannabis seeds. We’ve said all along, “ask a friend, they might have some seeds to give you.” Still, we know that not everyone has friends who have seeds available to share.
To address this need, on the 1-month anniversary of Ballot Initiative 71 becoming law, the DC Cannabis Campaign is organizing two seed shares to facilitate personal home cultivation of cannabis permitted under the new law. This will be DC residents’ opportunity to share seeds with other adults and start down the path of legally growing your own cannabis in the safety and privacy of your home.
The first seed share will take place at Libertine, an absinthe bar in the Adams Morgan neighborhood from 5:30pm to 8:00pm on Thursday, March 26 and the second seed share will take place a few days later on Saturday, March 28 from 4:20pm to 7:00pm at the DC Cannabis Campaign Headquarters.
WHO: Cannabis Seed Sharers and Seed Seekers WHAT: Spring Seed Share WHERE:Libertine, 2435 18th Street NW, Washington, DC 20009 and DC Cannabis Campaign Headquarters, 2448 Massachusetts Ave. NW, Washington, DC 20008 WHEN: 5:30pm to 8:00pm, Thursday, March 26, 2015 @ Libertine
4:20pm to 7:00pm, Saturday, March 28, 2015 @ DC Cannabis Campaign Headquarters WHY: To provide DC residents with the seeds to legally grow cannabis at home
SEED SHARE RULES
1) No money may exchange hands while sharing seeds. This is a seed share, not seed sale! The law allows the gift of up to one ounce of cannabis, but not sales, trades, or any type of service in exchange for the cannabis. If we see money changing hands, you will be asked to leave. The only place money should be visible is when you buy something at Libertine’s bar. IMPORTANT: buying someone food or drink in exchange for cannabis is illegal!
2) Do not carry more than 2 ounces at anytime. The law allows you to carry no more than 2 ounces of cannabis (including seeds) outside your home. Do not leave the seed share with more than 2 ounces cannabis (including seeds) or you risk being arrested on your way home. If we see you with more than 2 ounces of cannabis (including seeds), you will be asked to leave.
3) Do not give away more than 1 ounce of seeds to any one person. The law allows a maximum gift of 1 ounce between adults. So if you showed up with 2 ounces of seeds, you could give 1 ounce to one person and 1 ounce to another person, or you can be truly generous and give a couple seeds to every person who attends the seed share. But under no circumstances, should anyone be giving away more than 1 ounce at any time.
4) All sharing must be between two adults aged 21 and older. You MUST bring your government issued ID. No exceptions. While we will accept out-of-state IDs, these events are intended for DC residents only.
5) Cannabis seeds must be in your possession at all times. You can bring a container to hold your bagged seeds, but you must stay with your seeds at all times and give them away to other adults. Unattended cannabis seeds may be given away.
6) The DC Cannabis Campaign will not share seeds. Rather each adult will share their seeds with another adult. There won’t be a seed donation jar because someone would need to be responsible for the jar being under 2 ounces at all times.
7) Be patient. We are instituting a maximum of 80 people inside the venues and as people leave, more people will be able to come inside to share their seeds. The law does not prevent adults from sharing seeds in public, so get to know others in the line.
8) Respect the venues. Having a lot of people inside to share seeds can result in damage to the venues. Please treat the venues as you would treat your own home. The seed shares are taking place on private property and the owners are being generous by allowing the seed shares to take place. Disruptive guests will be asked to leave.
9) No consuming of cannabis. No smoking or vaping is allowed. We ask that you go home or to a friend’s house to consume your cannabis. If you are found to be smoking or vaping cannabis, you will be asked to leave the premises.
RECOMMENDATIONS
Have cannabis seeds but not sure what strain the seed is? We expect many people to bring random cannabis seeds they’ve collected over the years to share with other adults. These seeds may still be viable, and more importantly, they can provide a first-time grower the opportunity to grow cannabis at home. Many people might write off these “unknown” seeds as worthless, but for someone who’s never grown cannabis before, they can help immensely. We suggest bagging these seeds up before you arrive and write the words “Unknown” on a piece of paper inside the bag or on the outside of the bag itself.
Have seeds AND you know what strain they are? You’re a cannabis superstar! Many growers would like to know the strain they are growing and your “known” seeds could be very helpful to many novice growers. We suggest bagging these up before you arrive and include the name of the strain on a piece of paper inside the bag or on the outside of the bag itself. We also suggest putting 6 or fewer “known” seeds in each bag in order to ensure as many people as possible have access to your seeds.
Don’t have any cannabis seeds at all? Please bring baggies or containers to put your newly-obtained seeds in. We also suggest bringing a pencil & paper to write down the names of different strains you obtain at the seed share. You may end up with a couple random seeds or you might end up with multiple different types of strains; it all depends on who shows up. Lastly, if you do not plan growing cannabis, we politely ask you to not come to these seed shares. We want the seeds that are shared to go to folks who want to grow this year.
What about clones? Clones are cuttings of live cannabis plants. Clones are popular among growers because the sex of the plant is known and the strain of the plant is also known. Unfortunately, Ballot Initiative 71 does not permit the sharing of clones. Therefore, the only way to legally create clones is to grow a plant from seed and make clones of that plant inside of your home. If you bring a clone to the seed share, you will be asked to leave.
TIMING
The Seed Shares will take place on the evenings of Thursday, March 26 and Saturday, March 28. We ask those with seeds to share to arrive 15 minutes early (5:15pm on Thursday & 4:05pm on Saturday).
KNOW THE LAW
We ask that everyone take a few minutes to re-read Ballot Initiative 71 so you know and can comply with the law.
These seed shares will be the campaign’s last public events. We anticipate winding down the campaign committee once the campaign’s debts have been paid off. In accordance with rule #1 (no money exchange), the campaign will not be taking any donations during the seed share, but you can still donate to the campaign on our website or by check.
We look forward to sharing seeds with you! Please RSVP!
Marijuana Prohibition Ends in DC as Initiative 71 Takes Effect
Ballot Initiative Clears Congressional Review Period
WASHINGTON, DC – The DC Cannabis Campaign marked the end of marijuana prohibition in the District of Columbia today as Initiative 71 completed a mandatory congressional review period.
“The marijuana prohibitionists were no match for our campaign’s strategy of legalization without commercialization,” said DC Cannabis Campaign chair Adam Eidinger, who formally proposed Initiative 71. “The sun and the rain are still free, and now our seeds are too.”
Initiative 71, which legalizes the possession and cultivation of marijuana for personal consumption, was enacted with over 70% of the popular vote on November 4, 2014. The new law was transmitted to Congress on January 13, 2015 for a mandatory review period of thirty legislative days.
Congressional leaders inserted a provision in an appropriations bill in December that sought to block the District of Columbia from spending funds on marijuana legalization. Although the measure could not retroactively stop the enactment of Initiative 71, according to a recent letter by DC Attorney General Karl Racine, it would likely prohibit District officials from taking further action related to marijuana policy. The DC Council is moving forward with its own separate legislation to tax and regulate the sale of marijuana.
DC Mayor Muriel Bowser rejected what she called “bullying” tactics by Rep. Jason Chaffetz yesterday. The Utah congressman has threatened Bowser and other members of the District government with arrest for vowing to uphold the new law.
The DC Cannabis Campaign is the official campaign committee for Ballot Initiative 71. The campaign is a project of residents from across the District of Columbia, Drug Policy Action, and Dr. Bronner’s Magic Soaps.
Today Mayor Bowser, Chief Lanier, DC Attorney General Racine, DC Councilmembers, and Congresswoman Norton hosted a press conference to defend Ballot Initiative 71 from congressional interference. Ballot Initiative 71 is set to become law tonight at 12:01AM, Thursday, February 26, 2015.
Below are the documents related Ballot Initiative 71 that were released yesterday by the Mayor:
Now that we enacted Ballot Initiative 71 on November 4, 2014, many people still have questions about the status of marijuana in Washington, DC. Here’s the latest:
Ballot Initiative 71 became law at 12:01am, Thursday, February 26, 2015
Ballot Initiative 71 allows DC residents 21 and older the right to:
Possess up to two ounces of marijuana outside one’s home
Grow up to 3 mature marijuana plants inside one’s home
Allows growers to keep all the marijuana grown at home
Give, but not sell, up to one ounce of marijuana to another adult
DOES NOT allow anyone to sell marijuana because the Home Rule Act prevented us from putting a “tax & regulate” question in the ballot
DOES NOT allow public consumption of marijuana. You can still get arrested for smoking a joint on the sidewalk!
Decriminalization of Marijuana
The decriminalization of marijuana possession legislation passed out of the District Council on March 4, 2014 and after Congressional review became DC law on July 17, 2014
The decriminalization of marijuana possession DOES NOT allow public consumption of marijuana. Public use can result in an arrest and confiscation of your marijuana
Under the decriminalization of marijuana possession law, the smell of marijuana DOES NOT give police officers probable cause for search & seizure of your marijuana
If caught with up to an ounce of marijuana, the police will take your marijuana and paraphernalia, and write you a $25 ticket
There are currently over 4,000 medical cannabis patients in DC who purchase their taxed & regulated cannabis from 3 dispensaries in Washington, DC
What about Federal Land in Washington, DC?
Approximately 21% of the land in Washington, DC is managed by the federal government, which is governed by federal laws, not local DC laws. This means Ballot Initiative 71, the decriminalization of marijuana law, and the medical marijuana law are not in effect on federal lands in Washington, DC. Therefore, possession of marijuana on federal lands such as Rock Creek Park, the National Mall, around the Dupont Circle fountain, and Malcolm X Park is still an arrestable offense.
Please join us as we work toward implementing Ballot Initiative 71:
DC Cannabis Campaign Undeterred Despite Congressional Attempt to Override Election
WASHINGTON, DC – The DC Cannabis Campaign castigated congressional leaders today for advancing a federal spending bill that threatens a marijuana legalization ballot initiative in the District of Columbia.
“We’re going to fight back against anyone who tries to overturn our election or roll back our rights,” said Adam Eidinger, who chairs the DC Cannabis Campaign and formally proposed Initiative 71. “The people of the District of Columbia have ended marijuana prohibition and we won’t be turning back.”
The ambiguous wording of the congressional rider has left its interpretation open to debate. Although congressional Republicans argue that the rider is intended to overturn the election, others say that a plain reading leaves the law in place.
“Under the alternative reading, Initiative 71 has already been enacted, is self-executing, that is no further D.C. funds or action are needed, and will take effect after the expiration of the congressional layover period,” according to a press release from the office of DC Delegate Eleanor Holmes Norton.
Although President Barack Obama spoke against the congressional rider through a spokesman Thursday, he was reported to have personally lobbied members to vote for the bill. Since the appropriations rider primarily targets “Schedule I” controlled substances, the administration could still support Initiative 71’s future by exercising the federal government’s power to reclassify marijuana.
Initiative 71 passed on November 4, 2014, with 70% voting in favor of the measure to legalize the limited possession and cultivation of marijuana.
The DC Cannabis Campaign is the official campaign committee for Ballot Initiative 71. The campaign is a project of residents from across the District of Columbia, Drug Policy Action, and Dr. Bronner’s Magic Soaps.
DC Cannabis Campaign Declares Victory in Historic Ballot Initiative
WASHINGTON, DC – The DC Cannabis Campaign declared victory today on Ballot Initiative 71, which legalizes the limited possession and cultivation of marijuana. Supporters of the “Yes on 71” campaign gathered at Meridian Pint, a popular local restaurant, to welcome the election night results and prepare for the bill’s mandatory congressional review period.
“This victory is dedicated to everyone still sitting in jail tonight because of marijuana prohibition.” said Adam Eidinger, the Chair of the DC Cannabis Campaign who also formally proposed Initiative 71. “District residents have made their voices heard loud and clear. The road to justice won’t end on Capitol Hill.”
Hundreds of supporters convened at Meridian Pint, located in the Columbia Heights neighborhood, to celebrate the passage of Ballot Initiative 71. District lawmakers have vowed to transmit the bill to Congress when it reconvenes in January. Following a mandatory 30-day review period, the bill’s provisions could go into effect as soon as March 2015.
The measure allows adults over the age of 21 to possess up to two ounces of marijuana, give (but not sell) up to one ounce of marijuana to other adults, and cultivate up to three mature marijuana plants at home. The District Council is proceeding with its own separate legislative proposal to tax and regulate the sale of marijuana. Supporters of Ballot Initiative 71 spoke in favor of the DC Council’s legislation at a joint public hearing on October 30.
“The people of the District of Columbia have voted in favor of ending racially biased marijuana prohibition,” said Dr. Malik Burnett, the Vice Chair of the DC Cannabis Campaign. “The harms caused by the war on drugs are not fixed with this vote alone; the real healing begins when the DC Council develops a tax-and-regulate system based on racial and social justice.”
The DC Cannabis Campaign is the official campaign committee for Ballot Initiative 71. The campaign is a project of residents from across the District of Columbia, Drug Policy Action, and Dr. Bronner’s Magic Soaps.
