D.C. City Council Approves Decriminalization Bill

[caption id="attachment_7314" align="alignright" width="175"] Tommy Wells[/caption]

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.