Congress vs. City Hall: inside the D.C. war over legalized marijuana
March 25, 2015
By Josh Altic
Since recreational marijuana legalization officially took effect in the nation's capital on February 26, 2015, the convoluted situation has only become more murky. While the U.S. Congress intensifies its investigation of city officials, pot enthusiasts are considering methods to sidestep the unusual "legal to use, illegal to sell" status of marijuana.
Free pot at a price?
Although D.C. residents and visitors are allowed to grow and use small amounts of marijuana, they are not permitted, according to Initiative 71, to purchase either marijuana or the seeds and paraphernalia required to grow it. Moreover, Congress has refused to allow city officials to develop, let alone approve and implement, a set of laws to govern marijuana-related sales.
How are D.C. residents supposed to acquire pot or the necessary seeds and tools to grow their own? Pot advocates are reluctant to let the story of Initiative 71 end with marijuana legal in name only. Since Initiative 71 allows marijuana to be given as a gift, alternatives to traditional retail sale are in development. In fact, the group originally behind legalization, the D.C. Cannabis Campaign (DCMJ), has already announced several free marijuana seed giveaways, with the first scheduled for tomorrow.
But giving marijuana products away for free is an unlikely recipe for a thriving industry. Some have floated the idea of starting social clubs with membership fees. A membership to such a club could include access to garden areas for growing marijuana plants, along with the ability to freely exchange marijuana products with other members. This would allow the owners to make a profit while remaining within the boundaries of Initiative 71.
The future of marijuana in D.C. is still uncertain, with the city council in favor of full legalization and Congress trying to eliminate it entirely. But events like the DCMJ's "Spring Seed Share" and ideas like marijuana social clubs could be the beginning of an unconventional sharing-based economy in Washington, D.C.[1][2]
Congressional investigation of city council proceeds
Meanwhile, Congress is still putting pressure on the city government and attempting to assert control over the issue. After sending a warning to the city council on February 24, 2015, Congress officially launched an investigation of the city council and city employees to search for violations of a clause attached to the federal budget that forbade city funds from being used to enact legalization. Rep. Jason Chaffetz (R-UT) and Rep. Mark Meadows (R-NC), the respective chairmen of the congressional committees with control over D.C., demanded all employee information, spending totals and communications regarding legalization to be handed over to the federal officials in charge of the investigation by March 10, 2015.[3]
The congressional investigation also requested information regarding a roundtable discussion of regulation and taxation of marijuana sales held by the city council on February 9, 2015. The letter from Congress required disclosure of the roundtable participants and a preliminary legal defense of such a discussion after Congress prohibited any city funds from being used to enact legalization. Although the meeting was deliberately informal instead of an official council meeting, Council Chairman Phil Mendelson (D) seemed concerned about the consequences of involvement. He agreed to disclose only the council members who were involved in the discussion and left the names of other city employees in attendance a secret.[3]
Background
- See also: Home rule in Washington, D.C.
Statehood & autonomy
The "District of Columbia Home Rule Act of 1973" allowed for the creation of a municipal government in Washington, D.C. The form of municipal government that the city adopted was a mayor-council government. This form of government includes a city council, which serves as the city's primary legislative body, and a mayor, who serves as the city's chief executive. However, under the "Home Rule Act," the U.S. Congress still has the right to review and approve municipal legislation as well as the city's annual operating budget.[4] The District is overseen by the House Committee on Oversight and Government Reform. Rep. Eleanor Holmes Norton (D), D.C.'s nonvoting member in the U.S. House, sits on the committee.
The situation of "Home Rule" authority granted to the city government, with ultimate authority still retained by Congress, has led to some underlying conflict. For example, when over 80 percent of city voters approved a measure to extricate the city's budget from congressional oversight, Congress declared the budget autonomy measure invalid and illegal. Conflict came to the surface again with the issue of marijuana legalization.
In December 2014, Congress — using its control over D.C.’s municipal spending — attached an amendment, known as a rider, to the 2015 federal budget. The rider effectively prohibited the city from implementing or regulating the marijuana measure.
Specifically, the amendment forbade the use of federal or local funds:
| “ | 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 (Sec. 809b).[5] | ” |
Previous articles
- Legalized marijuana in Washington, D.C.? (February 25, 2015)
See also
- Washington, D.C.
- Washington D.C. Marijuana Legalization, Initiative 71 (November 2014)
- Washington, D.C. municipal elections, 2015 and 2014
- Home rule in Washington, D.C.
- United States Congress
Footnotes
- ↑ Time, "D.C.’s Weird New Free Weed Economy," February 26, 2015
- ↑ D.C. Cannabis Campaign, "Home," accessed March 23, 2015
- ↑ 3.0 3.1 Roll Call, "D.C. Responds to Marijuana Investigation," March 16, 2015
- ↑ DC Council, "DC Home Rule," accessed August 28, 2014
- ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
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