As of midnight Wednesday, D.C.’s marijuana decriminalization law is officially in effect. The new law — approved by the D.C. Council, signed by Mayor Gray,
and submitted to Congress for a 60-day review — replaces misdemeanor criminal charges for possession of up to one ounce of marijuana with a civil violation, costing the offender $25. Now D.C. has the third-least punitive marijuana laws in the country, behind Colorado and Washington State.
It is important to note that this is only a change in District law, not federal law. Marijuana possession on federal lands, including the National Mall, is still a criminal offense and violators may be arrested and prosecuted. Public use is still illegal as well. Please see our summary of this new law for more information.
Yesterday, the House Judiciary Committee neutered two marijuana policy reform bills. Instead of considering the proposed policies on their merits, the committee completely amended the content of the bills to create a task force to study the issues. The two bills, SB 364 and HB 880, formerly would have respectively decriminalized the possession of small amounts of marijuana and regulated marijuana similarly to alcohol.
The decriminalization bill, sponsored by Sen. Bobby Zirkin, has passed the Senate two years in a row with overwhelming bipartisan support — most recently, last month, in a 36-8 vote.
Moments ago, the Washington, D.C. City Council voted to decriminalize marijuana possession!
The measure removes criminal penalties for possession of up to one ounce of marijuana for individuals 18 years of age and older and replaces them with a civil fine of $25, similar to a parking ticket. It also removes penalties for possession of paraphernalia in conjunction with small amounts of marijuana, and it specifies that individuals cannot be searched or detained based solely on an officer’s suspicion of marijuana possession. Public use of marijuana would remain a criminal offense punishable by up to 60 days in jail and a fine of up to $500. Currently, possession of any amount of marijuana is a criminal offense punishable by up to six months in jail and a fine of up to $1,000.
The bill goes into effect this summer.
This means that, outside of Washington and Colorado, marijuana penalties are now less punitive in our nation’s capital than anywhere else in the country.
Washington, D.C. has the nation’s highest arrest rate for marijuana possession, according to a report released in June by the American Civil Liberties Union. Blacks accounted for 91% of marijuana possession arrests in the District, and they were eight times more likely to be arrested for marijuana possession than whites, despite using marijuana at similar rates. The ACLU’s analysis concluded that enforcing marijuana possession laws, which make up nearly half of all drug offenses, costs the District more than $26.5 million per year. Hopefully, this new bill will have an immediate impact on this injustice.
The D.C. Council approved Bill 20-409 (The Simple Possession of Small Quantities of Marijuana Decriminalization Amendment Act of 2013) Tuesday that would decriminalize possession of small amounts of marijuana in the District. The measure, which is sponsored by Ward 6 Council member Tommy Wells and supported by eight of the council’s 13 members, is expected to receive final approval at the council’s next legislative session.
The measure would remove criminal penalties for possession of up to one ounce of marijuana for individuals 18 years of age and older and replace them with a civil fine of $25, similar to a parking ticket. Individuals under the age of 18 who commit a violation would also have their parents notified. The bill also removes penalties for possession of paraphernalia in conjunction with small amounts and specifies that individuals cannot be searched or detained based solely on an officer’s suspicion of marijuana possession. Currently, possession of any amount of marijuana is a criminal offense punishable by up to six months in jail and a fine of up to $1,000.
The council adopted several amendments that weakened the scope of the bill, including one that would continue to criminalize public use, making the smoking of marijuana in public a misdemeanor that could lead to arrest and jail time, as opposed to a civil violation. An amendment was also passed that would make the odor of marijuana reasonable cause to perform a search of a vehicle.
At-large Council member David Grosso has introduced separate legislation that would tax and regulate marijuana in a manner similar to alcohol.