Tax & Regulate

WHAT YOU NEED TO KNOW ABOUT MARIJUANA IN WASHINGTON, DC

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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

  • Ballot Initiative 71 was certified on December 3, 2014 and transferred to Congress on Tuesday, January 13, 2015
  • 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
  • Decriminalization IS NOT Legalization!

Medical Marijuana

  • Medical marijuana IS LEGAL in Washington, DC but only for patients that have registered with the DC Department of Health
  • 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:

PRESS RELEASE: DC Cannabis Campaign Dismisses Obstruction Rumors on Initiative 71

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PRESS RELEASE
October 20, 2014

CONTACT: ZACK PESAVENTO
(202) 420-1065
ZACK@DCMJ.ORG

DC Cannabis Campaign Dismisses
Obstruction Rumors on Initiative 71

Joint Public Hearing on October 30 to
Consider Complementary ‘Tax and Regulate’ Bill

WASHINGTON, DC — Supporters of Ballot Initiative 71 will speak at a Joint Public Hearing at the John A. Wilson Building on October 30 that is set to discuss a separate legislative proposal known as the “Marijuana Legalization and Regulation Act of 2014”. Although Ballot Initiative 71 would legalize the cultivation and possession of limited amounts of marijuana in the District of Columbia, it does not address the sale of marijuana due to existing restrictions on ballot measures. Advocates for the “Yes on 71” campaign will push back against reports that the DC Council might supplant the ballot initiative with its own legislation.

“There’s a natural complementarity to the two measures,” said Adam Eidinger, the chair of the DC Cannabis Campaign. “The ballot initiative will provide relief for private residents who continue to face fines and arrests under the current decriminalization regime, while the District Council’s legislation pursues the more complex task of taxing and regulating private businesses.”

A survey of likely voters in September showed 65% support for Ballot Initiative 71. The ballot initiative is subject to a 60-day congressional review period because it amends criminal law. The review period will need to begin once the 114th Congress is in session because the 113th Congress will not have enough time to satisfy the 60-day requirement following the November 4 election. If Congress does nothing, Ballot Initiative 71’s provisions will go into effect once the 60-day review period expires some time in the spring.

DC Cannabis Campaign officials are optimistic about the future of Ballot Initiative 71 following recent meetings with DC Council Chairman Phil Mendelson.

“We expect the District Council to respect the will of the voters who want real marijuana reform,” said Dr. Malik Burnett, the vice chair of the DC Cannabis Campaign and D.C. Policy Manager for the Drug Policy Alliance. ”We feel confident that Ballot Initiative 71 will get a fair shot to pass unimpeded through Congress just like any other bill. Without interference, we could really see a sensible legalization policy go into effect this spring.”

The DC Cannabis Campaign is concerned that people of color continue to face disparities in the enforcement of penalties under the decriminalization law that went into effect on July 17. A Drug Policy Alliance review of records from the Metropolitan Police Department found that 77% of marijuana-related tickets have been issued in neighborhoods that are predominately home to people of color. White marijuana dealers were also found to be 20 times less likely to be arrested than black dealers in 2011 — the highest racial disparity of its kind in the nation.

Ballot Initiative 71 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 “Marijuana Legalization and Regulation Act of 2014” would establish a regulatory structure that permits private businesses to cultivate and sell marijuana and marijuana-based products to adults in the District of Columbia. The legislation, which was introduced by Councilmember David Grosso, also creates a special fund to collect marijuana-related revenues for dedicated expenditures.

The District of Columbia’s Committee on Business, Consumer, and Regulatory Affairs and the Committee on Finance and Revenue will hold a Joint Public Hearing at 11:00am EST on October 30 in Room 500 of the John A. Wilson Building at 1350 Pennsylvania Avenue NW.

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.

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U.S. News & World Report: D.C. Councilman Pushes Marijuana Legalization, Predicts Congress Would Allow It

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The nation’s capital has a higher per capita arrest rate for pot than any of the 50 states

By STEVEN NELSON

The first medical marijuana stores opened in Washington, D.C., less than two months ago, but the D.C. Council is already considering legalizing the drug.

At-large Councilman David Grosso, an independent, introduced legislation Tuesday to legalize marijuana possession and consumption for adults over 21.

“Most people understand the role that marijuana has played in our community: Unlike what was touted for years during the ‘War on Drugs’ that it’s a gateway drug, really all marijuana’s been is a gateway to arrest and a lifetime of struggling with the justice system,” he says.

If enacted, the law would levy a 10 percent tax on recreational marijuana and 6 percent on medical marijuana. It would also authorize the Alcoholic Beverage Regulation Administration to issue licenses to recreational marijuana stores.

Grosso believes it would comply with Justice Department guidance issued Aug. 29, which said state-level marijuana legalization will be tolerated if businesses are tightly regulated.

Nobody has approached him to express interest in opening a shop, but about 100 constituents have emailed with supportive messages, he said.

Grosso isn’t the only councilman pushing for marijuana reform. Councilman Tommy Wells, a Democratic candidate for mayor, introduced a decriminalization bill July 10 to reduce penalties for possession of up to an ounce of marijuana to a $100 fine versus the current standard of up to six month in jail and a fine of up to $1,000.

“Rest assured that folks are going to be pushing for my bill at any hearing on Wells’ bill,” Grosso says. “I think what will happen is Councilman Wells will have a hearing on decriminalization, and people will show up and say, ‘Hey, this doesn’t go far enough!’ and then I think it would be smart for them to move forward with my bill.”

Although he supports the decriminalization bill, along with a majority of the council, Grosso fears it won’t address the core issues of violence and criminality associated with the current black market for drugs.

“There’s going to be an increase in demand with decriminalization, but there isn’t going to be anywhere safe for people to go purchase marijuana,” Grosso says. “They’re still going to be on the street corners, we’re still going to have problems with violence on the street, with people getting arrested for nonviolent offenses.”

Councilman Marion Barry, a co-sponsor of the decriminalization bill, is “fully supportive” of marijuana legalization, said Grosso, who also introduced a bill that would automatically seal the criminal records of nonviolent marijuana cases. That bill may be adopted independently or as part of the decriminalization bill, he said.

A study released in June by the American Civil Liberties Union showed Washington, D.C., had a higher marijuana arrest rate per capita than any of the 50 states. About 846 in 100,000 district residents were arrested for marijuana possession in 2010, and black residents were 8.05 times more likely to be nabbed.

Congress has the authority to block D.C. laws and did so for years after a 1998 referendum in which city residents voted for medical marijuana.

Grosso says times have changed, however, and he doesn’t believe Congress would block implementation of a council-approved legalization bill.

“The mood is turning, the tide is turning,” he says.

A voter-initiated legalization referendum, he added, isn’t ideal, but it may be successfully pushed by residents next year if the council doesn’t act first.

Source: U.S. News & World Report

+ The Georgetown Hoya: DC Council Takes Up Marijuana Legalization