District of Columbia
The new law is set to take effect Thursday, February 26, at 12:01am. In a press release issued Tuesday, District officials — including Mayor Muriel Bowser and Police Chief Cathy Lanier — reaffirmed their intent to recognize the will of District voters, 70 percent of whom voted in favor of the municipal measure (I-71).
“In November, residents of the District of Columbia voted to legalize small amounts of marijuana by adults for personal, in-home use in the District,” said Mayor Bowser. “We will uphold the letter and the spirit of the initiative that was passed last year, and we will establish the Initiative 71 Task Force to coordinate our enforcement, awareness and engagement efforts and address policy questions as they arise.”
Initiative 71 permits adults to possess up to two ounces of marijuana and to cultivate up to six marijuana plants (no more than three mature at any one time) in one’s primary residence without facing any criminal or civil penalty. Not-for-profit transactions involving small amounts of the substance are also permitted; however, for-profit sales are prohibited as is the retail production or distribution of the plant.
The consumption of cannabis in public or on federal property also remains prohibited.
District officials contend that they possess the legal authority to depenalize minor marijuana offenses despite the passage of a federal spending provision in December prohibiting the District from spending any tax dollars to implement the new law. They argue that the municipal measure took effect upon passage in November and that Congress failed to take any explicit action to overturn the law during its requisite 30-day review period. (This Congressional review period is mandated law before any new District legislation may be imposed.)
District officials’ stance is not without some vocal critics. Earlier this week, two Republican members of Congress sent a letter to DC’s Mayor warning that Congress may take action if I-71 is enforced.
“If you decide to move forward … with the legalization of marijuana in the District, you will be doing so in knowing and willful violation of the law,” reads the letter signed by Rep. Jason Chaffetz (R-UT) and Rep. Mark Meadows (R-NC), chairman of the subcommittee that handles DC affairs.
In an interview with The Washington Post, Rep. Chaffetz threatened Mayor Bowser and city officials, stating, “[If District officials are] under any illusion that this would be legal, they are wrong. And there are very severe consequences for violating this provision. You can go to prison for this. We’re not playing a little game here.”
To date, neither spokespersons for the Mayor’s office and/or the DC City Council have responded directly to the Congressmen nor have they indicated that they intend to reconsider their decision to implement I-71 as voters intended.
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.
Members of the Washington DC City Council gave final approval today to legislation reducing the District’s marijuana possession penalties to a fine-only violation.
District lawmakers voted 10 to 1 in favor of “The Simple Possession of Small Quantities of Marijuana Decriminalization Amendment Act of 2013,” which amends District law involving the possession or transfer of up to one ounce of marijuana from a criminal misdemeanor (punishable by up to 6 months incarceration and a maximum fine of $1,000) to a civil violation (punishable by a $25 fine, no arrest, no jail time, and no criminal record). Democrat Mayor Vincent C. Gray said that he intends to sign the measure into law.
Offenses involving the public consumption of cannabis remain classified as a criminal misdemeanor under DC law, punishable by up to six-months in jail and a $500 fine. The possession of cannabis-related paraphernalia will be re-classified as a violation, not a criminal offense.
Once signed into law, the measure faces a 60-day review period by members of Congress.
The District measure is similar to existing ‘decriminalization’ laws in California, Connecticut, Maine, Massachusetts, Nebraska, New York, Oregon, Rhode Island, and Vermont where private, non-medical possession of marijuana is treated as a civil, non-criminal offense.
Five additional states – Minnesota, Mississippi, Nevada, North Carolina, and Ohio – treat marijuana possession offenses as a fine-only misdemeanor offense.
Three states – Alaska, Colorado, and Washington – impose no criminal or civil penalty for the private possession of small amounts of marijuana.
A 2012 analysis published by the American Civil Liberties Union of Maryland reported that the District possesses the highest percentage of marijuana possession arrests per capita in the nation.
From the International Association for Cannabinoid Medicines
IACM-Bulletin of 8 April 2012
World: Increasing numbers of patients use cannabis for medicinal purposes
An increasing number of patients in the world are using cannabis for therapeutic reasons, with available data from countries, which have installed programs for their citizens. Good data are available for Israel, Canada, the Netherlands and many states of the US with medicinal cannabis laws and registries. In several more countries only a few patients are allowed to use cannabis for medicinal purposes, including Germany, Norway, Finland and Italy. In many other countries such as Spain and some states of the US without a registry such as California the number of medicinal users is estimated to be high, but no detailed data are available.
The numbers in California with hundreds of cannabis dispensaries and clinics that issue medical cannabis recommendations are unclear, since the state does not require residents to register as patients (see below**)
Most of the 16 states that allow the medicinal use of cannabis require a registration. Recently the press agency Associated Press published data on registered patients in different states of the USA based on state agencies responsible for maintaining patient registries:
State: Number of registered patients (per 1,000 of the whole population) —
Colorado: 82,089 (16.3)
Oregon: 57,386 (15.0)
Montana: 14,364 (14.5)
Michigan: 131,483 (13.3)
Hawaii: 11,695 (8.6)
Rhode Island: 4,466 (4.2)
Arizona: 22,037 (3.5)
New Mexico: 4,310 (2.1)
Maine: 2,708 (2.0)
Nevada: 3,388 (1.3)
Vermont: 505 (0.8)
Alaska: 538 (0.8)
Patient registration is mandatory in Delaware, New Jersey and the District of Columbia (Washington D.C.), but their registries are not yet up and running. Washington State has neither voluntary nor mandatory registration.
Data from Israel show that in August 2011 6,000 patients got medicinal cannabis (0.8 patients in 1,000). It is estimated that the number increases to 40,000 in 2016 (5.2 patients in 1,000 citizens).
In Canada 12,116 patients were allowed to use cannabis on 30 September 2011 (0.35 patients in 1,000 citizens).
Numbers of patients using cannabis from the pharmacies in the Netherlands were estimated to be 1,300 in 2010 (0.08 patients in 1,000 citizens). However, many patients in the Netherlands use cannabis from the coffee shops or grow their own.
In Germany about 60 patients are currently allowed to use cannabis for medicinal purposes.
(Sources: Associated Press of 24 March 2012, website of the Israeli Prime Minister of 7 August 2011, UPI of 31 October 2011, Pharmaceutisch Weekblad No. 20, 2011)
**[Editor’s note: CA NORML published a white paper last May estimating that California has 750,000 – 1,125,000 citizens who possess a physician’s recommendation to use cannabis medicinally.]
It was a little over a year ago when the United States Department of Justice announced that it would back away from pursuing cases against medical marijuana patients and providers who are acting in accordance with state and local laws.
“As a general matter, pursuit of [federal law enforcement] priorities should not focus federal resources … on individuals whose actions are in clear and unambiguous compliance with existing state laws providing for the medical use of marijuana,” The DOJ announced on October 19, 2009. “For example, prosecution of individuals with cancer or other serious illnesses who use marijuana as part of a recommended treatment regimen consistent with applicable state law, or those caregivers in clear and unambiguous compliance with existing state law who provide such individuals with marijuana, is unlikely to be an efficient use of limited federal resources.”
Apparently Michelle Leonhart, President Obama’s nominee to direct the United States Drug Enforcement Administration, didn’t get the memo.
Speaking yesterday before the Senate Judiciary Committee, on day one of her Senate confirmation process, Leonhart pledged to ignore the administration’s formal medical marijuana guidelines.
Michele Leonhart one step closer to officially heading up the DEA
via The Daily Caller
[excerpt] Acting director Michele Leonhart is that much closer to officially heading up the Drug Enforcement Agency after successfully navigating a hearing with the Senate Judiciary Committee on Wednesday.
If confirmed to the position she’s already held for three years, Leonhart said she would expand the DEA’s anti-cartel operations in Mexico and continue to enforce federal drug laws in states where medical marijuana is legal.
… Perhaps due to the failure of Prop 19 in California (and despite the passage of medical marijuana in Arizona), Kohl, along with Democratic Sens. Sheldon Whitehouse of Rhode Island and Al Franken of Minnesota, made no mention of medical marijuana. Republican Sen. Jeff Sessions of Alabama, however, made it his prime focus.
“I’m a big fan of the DEA,” said Sessions, before asking Leonhart point blank if she would fight medical marijuana legalization.
“I have seen what marijuana use has done to young people, I have seen the abuse, I have seen what it’s done to families. It’s bad,” Leonhart said. “If confirmed as administrator, we would continue to enforce the federal drug laws.”
“These legalization efforts sound good to people,” Sessions quipped. “They say, ‘We could just end the problem of drugs if we could just make it legal.’ But any country that’s tried that, Alaska and other places have tried it, have failed. It does not work,” Sessions said.
“We need people who are willing to say that. Are you willing to say that?” Sessions asked Leonhart.
“Yes, I’ve said that, senator. You’re absolutely correct [about] the social costs from drug abuse, especially from marijuana,” Leonhart said. “Legalizers say it will help the Mexican cartel situation; it won’t. It will allow states to balance budgets; it won’t. No one is looking [at] the social costs of legalizing drugs.”
It is shocking to learn that not a single Senator who attended the hearing, in particular Democrat Sen. Sheldon Whitehouse from Rhode Island, had the courage to demand that Ms. Leonhart respect the laws of the 15 states that have legalized the use of marijuana as a medicine. In the case of Sen. Whitehouse, his own state is now in the process of licensing state-certified marijuana providers and distributors; yet he appears to have no problem with the idea of appointing a federal official who declares her intention to put his own constituents in federal prison.
It gets even more disturbing. In the days leading up to Wednesday’s initial confirmation hearing, a coalition of advocacy groups — including NORML, Americans for Safe Access, and others called on members of the Senate Judiciary to ask Ms. Leonhart tough questions regarding her public record, one that is incompatible with state laws, public opinion, and with the policies of this administration. Yet not a single Senator did so.
There is a growing divide between state and federal law concerning the use of marijuana for medical purposes, and it would only take members of the Senate — or Ms. Leonhart for that matter — a cursory scan of today’s google headlines to see it:
New Mexico approves six new medical marijuana producers
via The New Mexico Independent
Maine couple cleared to open marijuana clinic
via The Associated Press
DC revises medical marijuana regulations
As we’ve written before, as Interim DEA director, Ms. Leonhart has overseen dozens of federal raids on medical marijuana providers, producers, and laboratory facilities that engage in the testing of cannabis potency and quality. Yesterday Ms. Leonhart pledged to continue these actions — actions that violate this administration’s own written policies, and more importantly, actions that target the civilians of fifteen states and the District of Columbia. These people are the constituents of 30 percent of the U.S. Senate; yet not even one of these elected officials appears willing to speak up for them. That is disgraceful.