District of Columbia city officials this week moved forward with their intentions to implement a voter-approved municipal initiative depenalizing marijuana possession and cultivation offenses.
On Tuesday, city officials confirmed that Initiative 71 was transmitted to Congress for review. Under federal law, all District laws are subject to a 30-day review process by Congress, during which time members may take action to halt the law’s implementation.
Speaking to Roll Call this week, House Oversight and Government Reform Chairman Jason Chaffetz (R-Utah) said that language previously adopted by Congress in a December 2014 spending bill already prohibits DC officials from implementing I-71 and, thus, no further action by Congress is necessary. However, several District officials – including DC Delegate Eleanor Holmes Norton and DC Council Chairman Phil Mendelson – said that the federal provision in question in no way blocks city officials from enacting the new law.
“The District’s examination agrees with our analysis that the initiative was enacted when voters approved it and will take effect at the end of the 30-day congressional review period,” Del. Norton said in a statement.
Chairman Mendelson agreed, saying, “I happen to believe that the initiative was enacted so I think there’s no question that after the 30-day review it will be law.”
The District of Columbia Attorney General’s office has not yet commented in regard to how the District will respond if Congress does not address the initiative during the review process, Roll Call reported.
In November, 70 percent of District voters approved I-71, which removes criminal and civil penalties regarding the adult possession of up to two ounces of cannabis and/or the cultivation of up to six plants.
Separate DC municipal legislation – ‘The Marijuana Legalization and regulation Act’ – which seeks to regulate commercial cannabis production and retail sales, is also pending before the Council. If enacted, this legislation would also go before lawmakers for Congressional review and likely would force a federal challenge.
A poll conducted by the firm Public Policy Polling (PPP) revealed that 60% of Virginia voters would support decriminalizing the adult possession of small amounts of marijuana, indicating strong support for state Senator Adam Ebbin’s marijuana decriminalization measure, Senate Bill 686. Decriminalization had majority support from every age, racial, and gender demographic.
The survey also had support for legalization and regulation of marijuana in the Commonwealth at a record high of 49% support to 44% opposed.
With the legislative session kicking off in Virginia, expect to hear much more about this pending legislation in the coming weeks. If you are a Virginia resident, please CLICK HERE to quickly and easily contact your state Senator and urge their support for SB 686. It is time that our state officials pursued a policy on marijuana that was “Smart on crime and smart for Virginia.”
We strongly encourage you also attend Virginia NORML‘s lobby day in Richmond on January 16th to help put the pressure on state legislators in person. You can click here for more information on lobby day.
If you find yourself traveling in the Richmond area, keep your eyes peeled for Virginia NORML’s billboard in support of SB 686, which should be going on display very soon on Route 360 as you drive over the James River (the billboard image is featured at the top of this post).
This poll was commissioned by MPP and conducted by Public Policy Polling. You can read the full results here.
NORML reviews the top news stories of 2014.
#1 Marijuana Legalization Measures Win Big On Election Day
Voters in Oregon and Alaska decided on Election Day in favor of statewide initiatives legalizing the commercial production and sale of marijuana for adults, while voters in the nation’s capitol and in numerous other cities nationwide similarly decided on local measures to eliminate marijuana possession penalties.
#2 Colorado And Washington Begin Regulating Retail Marijuana Sales
Two states, Colorado and Washington, initiated retail marijuana sales in 2014. Colorado’s program began on January 1. In Washington, state-licensed retail outlets began legally selling cannabis to adults in July.
#3 Congress Enacts Measure Protecting State-Sponsored Medi-Pot Programs
President Barack Obama signed spending legislation into law in December that included a provision limiting the Justice Department’s ability to take criminal action against state-licensed individuals or operations that are acting in full compliance with the medical marijuana laws of their states. The amendment states, “None of the funds made available in this act to the Department of Justice may be used … to prevent … states … from implementing their own state laws that authorize the use, distribution, possession, or cultivation of medical marijuana.”
#4 Congress Moves To Permit State-Sanctioned Hemp Cultivation
Federal lawmakers approved legislation in February permitting state-sponsored hemp cultivation to move forward despite the plant’s federal status as a Schedule I prohibited substance.
#5 Federal Judge Hears Challenge To Cannabis’ Schedule I Status
United States District Judge Kimberly Mueller heard five days of testimony in October in regard to the constitutionality of marijuana’s Schedule I status under federal law. Defense counsel and their experts argued that the scientific literature is not supportive of the plant’s present categorization. Judge Mueller is expected to make her ruling in early 2015.
#6 JAMA: Fewer Opiate-Related Deaths In Medical Marijuana States
The enactment of statewide medicinal marijuana laws is associated with significantly lower state-level opioid overdose mortality rates, according to data published in August in JAMA Internal Medicine. Researchers reported, “States with medical cannabis laws had a 24.8 percent lower mean annual opioid overdose mortality rate compared with states without medical cannabis laws.”
#7 President Acknowledges That Booze Is More Harmful Than Marijuana
Consuming cannabis is less harmful to the individual than is drinking alcohol, President Barack Obama acknowledged in January in an interview with The New Yorker. “I don’t think it (marijuana) is more dangerous than alcohol,” he stated. He added, [W]e should not be locking up kids or individual users for long stretches of jail time.”
#8 Study: Medical Marijuana States Have Fewer Violent Crimes
Medicinal cannabis laws are not associated with any rise in statewide criminal activity, according to data published in April in the journal PLoS ONE. “Medical marijuana laws were not found to have a crime exacerbating effect on any of the seven crime types. On the contrary, our findings indicated that MML precedes a reduction in homicide and assault,” authors concluded. “In sum, these findings run counter to arguments suggesting the legalization of marijuana for medical purposes poses a danger to public health in terms of exposure to violent crime and property crimes.”
#9 NYT Editors Opine In Favor Of Legalizing Cannabis
The New York Times editorial board in July called upon federal lawmakers to end the criminalization of cannabis for those over the age of 21. The paper’s editors opined: “The federal government should repeal the ban on marijuana. … Moderate use of marijuana does not appear to pose a risk for otherwise healthy adults. … [W]e believe that on every level, … the balance falls squarely on the side of national legalization.”
#10 Americans Say Marijuana Is Less Harmful To Health Than Sugar
Americans believe that consuming cannabis poses less harm to health than does the consumption of tobacco, alcohol, or sugar, according to the findings of a Wall Street Journal/NBC News poll released in March. Respondents were asked which of the four substances they believed to be “most harmful to a person’s overall health.” Most respondents said tobacco (49 percent), followed by alcohol (24 percent) and sugar (15 percent).
Legislation decriminalizing the possession of one ounce or less of cannabis in the United States Virgin Islands became law this weekend.
On Friday, Senate lawmakers voted to override Gov. John P. DeJongh’s line-item veto of the decriminalization provision, which had been included in territory’s 2015 fiscal year budget.
The depenalization measure eliminates jail time for minor marijuana offenses. Under the new law, cannabis possession for those age 18 and older is classified as a civil offense, punishable by a fine between $100 and $200. Those under the age of 18 will also be required to complete a drug awareness program.
(Under the previous law, minor marijuana possession offenses were punishable by up to one year in jail and a $5,000 fine.)
The enactment of the new law “will go a long way in easing cost on the judicial system and judicial process,” said the bill’s sponsor, Sen. Terrance Nelson. Senators voted 14-0 to override the President’s veto.
President Barack Obama signed spending legislation into law on Tuesday that includes provisions limiting the Justice Department’s ability to take criminal action against state-licensed individuals or operations that are acting are in full compliance with the medical marijuana laws of their states.
Specifically, an amendment sponsored by California Reps. Dana Rohrbacher and Sam Farr to the $1.1 trillion spending bill states, “None of the funds made available in this act to the Department of Justice may be used … to prevent … states … from implementing their own state laws that authorize the use, distribution, possession, or cultivation of medical marijuana.”
Said Farr following Congress’ passage of the legislation: “The federal government will finally respect the decisions made by the majority of states that passed medical marijuana laws. This is great day for common sense because now our federal dollars will be spent more wisely on prosecuting criminals and not sick patients.”
Similar language prohibiting the Justice Department from undermining state-sanctioned hemp cultivation programs was also included in the bill.
Also contained in the appropriations measure is a rider sponsored by Maryland Republican Andy Harris that seeks to limit DC officials’ ability to fully implement a November 2014 municipal initiative depenalizing the personal adult possession and cultivation of cannabis. At this time however, it remains unclear whether the enacted language is written in a manner that can actually do so. On Saturday, The Washington Post reported that DC Council Chairman Phil Mendelson “plans to ignore the provision” and that he will “send a bill implementing Initiative 71 to Congress in January for a 30-day review, during which federal lawmakers can veto it or let it stand.” Such a review is necessary before any DC initiative can become law.
Washington DC’s Initiative 71, which was approved by 70 percent of District voters, removes criminal and civil penalties regarding the adult possession of up to two ounces of cannabis and/or the cultivation of up to six plants.