D.C. Voters Want Mayor to Work Around Congressional Ban on Regulating Marijuana Like Alcohol


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A survey release this week by Public Policy Polling showed that 66% of voters in the District of Columbia support Mayor Muriel Bowser pursuing legal methods to allow D.C. to regulate marijuana similarly to alcohol despite a Congressional ban.Flag_Map_of_Washington_DC

Voters overwhelming approved Initiative 71 in 2014, which made marijuana legal in the nation’s capital, but Congress passed a budget rider that prevents the implementation of regulated commercial cultivation and retail establishments. Provisions related to personal possession and limited home cultivation were unaffected by the law and are currently legal in D.C.

This poll shows that the vast majority of D.C. voters would support the mayor using reserve funds to implement a system to tax and regulate marijuana. This would not only show that D.C. rejects Congressional interference with the will of the voters, but also bring the illicit marijuana market out of the shadows and reap millions in tax revenue.

In addition, 61% of voters are in favor of giving adults a safe and lawful place to consume marijuana outside their homes. Supporters including MPP met with the mayor last week, and she said she was open to working with us and our allies on the D.C. Council to move forward on a compromise that would end the blanket ban on use outside the home, currently set to expire on April 13. This will help restore the rights that D.C. voters supported when they voted yes on Initiative 71.

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D.C. Council Lifts Ban on Private Marijuana Clubs, Reverses Decision Moments Later


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Even though marijuana is legal for adults to possess and grow in the nation’s capital, the only legal place to consume it is in a private residence. Public consumption was not made legal by voters when they approved Initiative 71 in 2014, and the D.C. Council passed an emergency measure that also made consumption at any non-residential private event or location illegal. After hearing complaints from business owners who wish to allow marijuana use their private functions and advocates who noted that a lack of options forced low-income consumers to break the law in order to avoid jeopardizing their public housing, the Council decided to lift the emergency ban.

Minutes later, several council members changed their votes.

Washington Post reports:

The D.C. Council briefly opened the door on Tuesday to legalizing the smoking of marijuana in specially designated areas of public restaurants, music venues and private clubs, by failing to extend a ban on such activity that was put in place when pot was legalized in the city last year.

Within minutes, however, the council reopened debate on the measure, and extended the ban on smoking in private clubs for 90 days.

Council members Ruby May (D-Ward) and Charles Allen (D-Ward 6) changed their votes after Council Chairman Phil Mendelson (D-At Large) said he had just heard from Mayor Muriel E. Bowser (D), who was urging the council to continue the ban because the city would have no ability to license pot clubs that may spring up.

It is too bad that Mayor Bowser does not see how making these private gatherings legal will allow the city to regulate them much more quickly and effectively, and that illegal operations will proliferate in the vacuum created by this ban. Fortunately, there is still time to address the issue.

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Congress Renews Ban on Justice Department Interference in State Medical Marijuana Laws


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The Justice Department will continue to be prohibited from interfering in state medical marijuana laws under the new federal spending bill unveiled late Tuesday night.

The compromise legislation includes a provision that is intended to prevent the department, including the Drug Enforcement Administration, from using funds to arrest or prosecute patients, caregivers, and businesses that are acting in compliance with state medical marijuana laws. It stems from an amendment sponsored by Reps. Dana Rohrabacher (R-CA) and Sam Farr (D-CA) that was first approved in the House of Representatives in May 2014 and included in the Consolidated and Further Continuing Appropriations Act of 2015 signed by President Obama last December.

In April 2015, a Justice Department spokesman told the Los Angeles Times that the department did not interpret the amendment as affecting cases involving individuals or businesses, but merely “impeding the ability of states to carry out their medical marijuana laws.” In October, a federal judge ruled that interpretation was inaccurate and that the Rohrabacher-Farr Amendment prevents the department from taking action against individuals who are acting in compliance with state laws.

Unfortunately, the new spending plan also includes an amendment, introduced by Rep. Andy Harris (R-Maryland) and approved earlier this year, which prevents the District of Columbia from regulating the cultivation and distribution of marijuana for adult use. District voters approved a ballot initiative in 2014 to make possession and growing of limited amounts of marijuana legal for adults 21 years of age and older.

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Advocates Urge D.C. Council to Ease Limits on Where Adults Can Consume Marijuana


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Late last week, the D.C. Council Committee on the Judiciary met to consider B21-0107, which would make permanent an expansion of what is considered “open to the public” for purposes of banning marijuana consumption. This legislation is excessively broad and unnecessary.2000px-Flag_of_Washington,_D.C._icon.svg

Should B21-0107 fail, owners and operators of private clubs and event spaces will be allowed to decide for themselves if they want to allow marijuana consumption by adults 21 and older. Currently, District residents are legally allowed to consume marijuana only in private residences. Because of restrictions on public housing and by some landlords, this leaves some District residents with nowhere they can consume cannabis.

District code already prevents marijuana consumption “any place to which the public is invited,” so marijuana could still not be consumed in bars or restaurants if B21-0107 is defeated.

Congress has prevented the Council from taking further action to treat marijuana like alcohol, but that does not mean they have to adopt excessively broad legislation such as B21-0107. If you are a District resident, ask your council members to oppose advancement of B21-0107 thereby allowing social marijuana use in limited, non-residential, private spaces. Marijuana is safer than alcohol; help us continue to shape policy to recognize this.

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Federal Marijuana Banking Bill Introduced In Senate


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Earlier today, a bipartisan group of lawmakers introduced a bill in the Senate that would banks to do business with the marijuana industry in states where it is legal for medical purposes or adult use.

Politico reports:

 

Introduced by the Senate delegations from Oregon and Colorado, two of the first states to legalize recreational marijuana, the bill would prohibit the federal government from penalizing banks that work with marijuana businesses.

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Sen. Cory Gardner

Though four states and the District of Columbia have legalized marijuana, the drug is still illegal under federal law. That makes it difficult for businesses operating in those legalized states to access financial services through the banking industry. Instead, those companies have to run all-cash operations that the senators say invite crime.

The entire legal landscape that legal marijuana currently faces is “insane,” said GOP Sen. Cory Gardner of Colorado in an interview.

According to a press release from Drug Policy Alliance, “Reps. Ed Perlmutter (D-CO) and Denny Heck (D-WA) introduced the House version of this Senate bill earlier in the year, having also introduced a banking bill the previous session.”

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Marijuana Now Legal In D.C.


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Just after midnight last night, a law making marijuana legal for adults quietly went into effect in the Nation’s Capital.2015.02.25 - Front page - DC Takes Effect copy

Initiative 71, which was approved 70-30 by D.C. voters in November, allows adults 21 years of age or older to possess up to two ounces of marijuana; grow up to six marijuana plants in their homes (of which no more than three can be flowering at a time) and possess the yield of those plants in the location where it was grown; and transfer without payment (but not sell) up to one ounce of marijuana to other adults 21 years of age or older. It will remain illegal to use marijuana in public.

Certain members of Congress attempted to halt implementation of this law, even going so far as to threaten D.C. leaders with arrest. Others offered their support, asserting that the District is well within its legal rights to stop punishing adults for using a substance that is safer than alcohol.

MPP will continue to work with the D.C. Council to pass legislation regulating marijuana similarly to alcohol.

“We are hopeful that Congress will not stand in the way of D.C.’s efforts to regulate and tax marijuana,” said Robert Capecchi, MPP’s Deputy Director of State Policies. “Members of the District Council are clearly interested in adopting such a system, and they appear ready to move forward if Congress doesn’t interfere.”

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D.C. Council Members Introduce Marijuana Regulation Bill


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Last week, District of Columbia Council Member David Grosso and three of his colleagues made it clear that Congressional bullying wasn’t going to stop them from considering a more rational approach to marijuana. On January 6, they quietly introduced legislation to tax and regulate marijuana like alcohol.

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Councilmember David Grosso

This sensible proposal comes on the heels of voters’ overwhelming vote for Initiative 71, which will make marijuana possession and limited cultivation legal for adults 21 and older when it becomes effective. It also comes just four weeks after Congress approved a spending bill that prohibits the District from spending any money to enact a law to legalize “recreational marijuana” until at least through this summer.

The Marijuana Legalization and Regulation Act of 2015 would create a framework for a legal and responsible marijuana industry, complete with licensed cultivators, product manufacturers, retail stores, and testing labs. Allowing licensed businesses to grow and sell marijuana to adults 21 and older will create jobs, increase tax revenues, and allow D.C.’s law enforcement to direct their focus on more serious matters. Regulating these businesses means D.C. will know who is selling marijuana, under what conditions, where, and to whom.

If you are a resident of the District of Columbia, please email your council members today and ask them to support B21-0023! Let them know that D.C.’s elected lawmakers, not Congress, should decide District policy. Then, please pass this on to other District residents.

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Congress Passes Historic Medical Marijuana Amendment as Part of Federal Spending Bill


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The bill includes an amendment that prohibits the Department of Justice — which includes the Drug Enforcement Administration — from using funds to interfere with state medical marijuana laws. A similar amendment has been offered seven times in Congress,Congress logo failing in 2003, 2004, 2005, 2006, 2007, and 2012. The House finally approved it in May when it was offered by Rep. Dana Rohrabacher (R-CA) as an amendment to the Commerce, Justice, Science, and Related Agencies Appropriations Act. 
The federal spending bill also prohibits the U.S. Justice Department from interfering with state-level hemp laws.
Unfortunately, the bill also contains a provision that is meant to interfere with the implementation of Washington, D.C.’s recently approved marijuana initiative, and effectively blocks the District from regulating marijuana.
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Congress Poised to Pass Historic Medical Marijuana Amendment


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After 11 years of MPP lobbying and attending receptions on Capitol Hill, Congress is finally poised to pass an amendment that would prohibit the U.S. Justice Department — which includes the DEA — from interfering with state-level medical marijuana laws.Capitol

The U.S. House rejected the amendment in 2003, 2004, 2005, 2006, 2007, and 2012. Finally, in May of this year, the House passed the amendment, which was introduced by Congressmen Dana Rohrabacher (R-CA) and Sam Farr (D-CA).

Last night, the amendment was included in the annual spending bill that Congress is expected to pass today or tomorrow. It will then be the law through September 30, at which time it would need to be renewed each fall.

Unfortunately, a bad amendment to block local legalization in D.C. was also included in the spending bill. The D.C. mayor and council had been planning to tax and regulate marijuana like alcohol in our nation’s capital, which they’ll no longer be allowed to do.

That said, the medical marijuana and decriminalization laws in D.C. will remain in effect.

And it is MPP’s opinion that the ballot initiative that 70% of D.C. voters passed on November 4 will be allowed to move forward. This initiative — which removes penalties for adult possession and home cultivation — would take effect in approximately March (unless Congress affirmatively blocks the initiative).

The federal spending bill also prohibits the U.S. Justice Department from interfering with state-level hemp laws.

Finally, marijuana has become a big issue on Capitol Hill, which is a precursor to ending federal prohibition.

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MPP’s Rob Kampia Gives His Take on What’s Next for Marijuana Legalization


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Executive director of the Marijuana Policy Project, Rob Kampia, discusses what’s next for the push to make marijuana legal in the United States:

The state that will most likely be next to legalize is Rhode Island, which would be the first to do so via state legislature. Also this spring, the District of Columbia is expected to enact a similar law through its city council.

There’s also a real opportunity to legalize marijuana through five more state legislatures between now and 2017 – Delaware, Hawaii, Maryland, New Hampshire, and Vermont. There will also be serious legislative activity in other states, such as New York, but it is less clear when such legislation will pass.

In November 2016, at least five states are expected to vote on similar ballot initiatives – Arizona, California, Maine, Massachusetts, and Nevada – and one could potentially appear on the ballot in Missouri.

By the end of 2017, marijuana could be legalized in 15 states and D.C., which would comprise 26% of the nation’s population.

Read the rest of Kampia’s column here.

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