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.
Following the city’s first medical marijuana sale earlier this week, Washington, D.C. Mayor Vincent Gray said that the city should discuss the possibility of legalizing marijuana.
“I don’t have a position on whether to legalize it or not, but we should have that discussion,” Gray told News Channel 8.
Mayor Vincent Gray
He said that the topic is an important one because current prohibitionist policies result in harmless young people getting criminal records.
The mayor’s statement comes after growing call for reform in the District. On July 10, D.C. Councilmember and mayoral candidate Tommy Wells proposed legislation to remove criminal penalties for the possession of less than an ounce of marijuana.
Washington, D.C. Council member and mayoral candidate Tommy Wells (D – Ward 6) proposed a bill today that would decriminalize marijuana in the nation’s capital. Possession of up to an ounce would be punishable by a civil fine of $100 rather than by the current threat of jail time. The bill was also backed by Marion Barry (D – Ward 8).
Wells told reporters that decriminalization would save youths who are caught with small amounts of marijuana from becoming entangled in the criminal justice system and losing out on future employment opportunities.
The bill has arrived at an interesting time for marijuana reform advocates. Last month, the American Civil Liberties Union released a report which found that D.C. leads the nation in marijuana possession arrests per capita. The study also found that arrests in the District were racially biased: African Americans were eight times more likely than whites to be arrested on marijuana charges. According to D.C. police statistics, there were roughly 4,300 marijuana possession arrests in 2011.
Surveys indicate that a majority of D.C. residents agree with Wells’ proposal. An April poll by Public Policy Polling found that 75% of D.C. residents support decriminalizing possession of small amounts of marijuana. Additionally, 63% support taxing and regulating marijuana for adults.
MPP spokesman Morgan Fox was quoted in the Huffington Post as saying, “It is time to adopt a more sensible marijuana policy in our nation’s capital, and that is what Councilman Wells has proposed.”
Three out of four Washington, D.C. voters would support changing District law to replace criminal penalties for possession of limited amounts of marijuana with a civil fine similar to a traffic ticket, according to a survey conducted last week by Public Policy Polling. Two-thirds (67%) said they believe law enforcement resources currently being used by District police to arrest individuals for marijuana possession should be directed toward other crimes.
The poll also found that nearly two-thirds (63%) of District voters would support a ballot measure similar to those approved by voters in Colorado and Washington in November, which made marijuana legal for adults and directed state officials to regulate and tax marijuana similarly to alcohol. A solid majority (54%) said drug use should be treated as a public health issue, and people should no longer be arrested and locked up for possession of a small amount of any drug for personal use.
The survey of 1,621 randomly selected District voters was conducted April 10-11. The full results and crosstabs are available at http://www.mpp.org/DCpoll.