Legalized marijuana in Washington, D.C.?
February 25, 2015
By Charles Aull
Update (2/25/2015 4:40 pm CST): Late Tuesday evening, Rep. Jason Chaffetz (R-UT) and Rep. Mark Meadows (R-NC) coauthored a letter to D.C. Mayor Muriel Bowser (D), warning her of the consequences of allowing Initiative 71 to go into effect:
| “ | If you decide to move forward tomorrow with the legalization of marijuana in the District, you will be doing so in knowing and willful violation of the law.[1] | ” |
The letter went on to demand that Bowser submit to the House Oversight Committee any documentation related to the law's enactment and a list of relevant D.C. officials along with information on their salaries and the extent of their involvement. The letter can be read in full here.
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A ballot measure legalizing the cultivation, possession and use of limited amounts of marijuana in Washington, D.C., officially goes into effect tomorrow, but not completely. A move by Congress in December has complicated the law’s future.
On November 4, 70 percent of registered D.C. voters approved the ballot measure, officially known as the Legalization of Possession of Minimal Amounts of Marijuana for Personal Use Act of 2014, though more commonly referred to as Initiative 71 (see box on the right). In most cities, after voters have approved a measure like Initiative 71, the next step in the process would involve discussion amongst elected city officials about how to implement the law and regulate its actions.
D.C. works differently.
In the District of Columbia, ballot measures, or any new municipal legislation for that matter, need the approval of the U. S. Congress. Generally, the way this works is that the D.C. Council submits (the technical term is "transmits") the law to Congress, which is given 30 days to review and debate it. During this time, Congress has the option to do nothing, which means that it approves, or to act, which means that it disapproves.[3]
Congressional action in this case requires a joint congressional resolution (meaning both houses have to sign on) and the support of the president. As the New York Times reported, Congress rarely does this. In fact, it has only formally disapproved of a D.C. law three times since the passing of the District of Columbia Home Rule Act of 1973. Instead, if Congress has a problem with a D.C. law, it usually deals with it by burying an amendment in another, often unrelated, piece of legislation.[4] This is exactly what it did with Initiative 71.
In December 2014, Congress—which loosely controls D.C.’s municipal spending—attached an amendment, known as a rider, to the 2015 federal budget. The rider effectively prohibits the city from implementing or regulating the measure.
Specifically, the amendment forbids 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).[1] | ” |
As city employees whose salaries are paid with local tax revenues, D.C. municipal officials are therefore barred from spending government time or resources on sorting through the complexities of their city’s new marijuana law. This includes not only planning for implementation and regulation but also transmitting the law to Congress for approval.[5]
But, some have argued that the budget amendment actually goes a step further than this. Back in March 2014, the D.C. Council approved a bill that decriminalized the possession of an ounce or less of marijuana. The law replaced a $1,000 fine plus jail time with a $25 fine for possession and a $100 fine for public usage. Jail time was removed from the picture. Theoretically, the budget amendment touches on this law also, because it could be used to prevent the city from carrying out its law that reduces "penalties associated with the possession, use, or distribution of any schedule I substance."[6][7]
Local officials in D.C. responded to the budget amendment by essentially ignoring it.
On January 13, 2015, Phil Mendelson (D), Chairman of the D.C. Council, formally submitted Initiative 71 to Congress. The 30-day review period (keeping in mind the ebb-and-flow of the congressional schedule) ends tomorrow, February 26, 2015.
The official stance of D.C. elected officials is that the budget amendment is meaningless. They argue that the law was “enacted” on November 4, 2014, when 115,050 District voters approved it. The city, however, has yet to establish regulatory measures or a system for taxing marijuana.[8]
What happens tomorrow?
We don’t really know. This is a sentiment echoed by counsel to the Washington, D.C. Council, David Zvenyach, with whom Ballotpedia spoke via email on February 23, 2015. Some media outlets such as High Times and The Washington Post have talked of potential "chaos."[9][10] There will certainly be some confusion—especially amongst local law enforcement—over what D.C. residents and visitors can and cannot do in regard to recreational marijuana. Whatever happens tomorrow, this latest showdown between the city of D.C. and Congress will undoubtedly go on to shape the trajectory of future conversations about D.C. statehood and marijuana legalization throughout the country.
Ballotpedia will be covering the story as it develops.
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
- ↑ 1.0 1.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ Within the confines of Washington, D.C.
- ↑ Washington, D.C. Council, "How a Bill Becomes a Law," accessed February 20, 2015
- ↑ New York Times, "District of Columbia Sees Loophole in Congress’s Move to Halt Marijuana Law," February 7, 2015
- ↑ Vox, "Congress will block Marijuana Legalization in Washington, D.C.," December 9, 2014
- ↑ The Washington Post, "Congressional Spending Deal blocks Pot Legalization in D.C.," December 9, 2014
- ↑ As David Zvenyach pointed out in an interview on February 23, 2015, the rider only prohibits "federal funds" from being used to carry out the decriminalization law. The relevant language can be found in section 809a of the budget.
- ↑ The Washington Post, "D.C. challenges Congress to halt marijuana legalization in nation’s capital," January 13, 2015
- ↑ High Times, "Chaos D.C.: Marijuana becomes Legal Next Week without Regulations," February 18, 2015
- ↑ The Washington Post, "In D.C., fears of chaos grow as legal pot nears," February 15, 2015
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