D.C., Marijuana Legalization, Initiative 71 is on the ballot for the November elections and it is anticipated that it would get enough votes to pass. However the passage of the initiative is not tantamount to legalization. The initiative would need congressional approval, which is very unlikely.   Federal laws still criminalize use and possession of the substance and US Congress would not approve a measure in the Nation’s Capitol no less that is in direct conflict with the Federal laws.

The overwhelming approval of the measure by the city voters however will force the city legislative to go beyond the Decriminalization Act (see March 2014 blog) and structure a hybrid bill that partially and incrementally decriminalizes small amount for use and cultivation of Marijuana.

The proponents of the measure argue the legalization provides dignity for victims of the racist drug war; prevents bad drug deals/bad and poor quality weed; increases quality at cannabis retailers when they compete with home grow; defunds cartels and puts dealers out of business; etc.

The opponents, minority, argue that medical data still points to sustained and severe side effects such: memory loss, impaired thinking, reduced immune system, and overall loss of motivation and focus. Arguments are more compelling when focused on teenagers and younger adults.

Ballot summary for Initiative 71:

This initiative, if passed, will make it lawful pending congressional approval and under District of Columbia law for a person 21 years of age or older to:

• possess up to two ounces of marijuana for personal use;
• grow no more than six cannabis plants with 3 or fewer being mature, flowering
• plants, within the person’s principal residence;
• transfer without payment (but not sell) up to one ounce of marijuana to another
• person 21 years of age or older; and use or sell drug paraphernalia for the use, growing, or processing of marijuana or cannabis.

FEW PERTINENT EXCERPTS FROM THE MEASURE ON THE BALLOT:

That this act may be cited as the “Legalization of Possession of Minimal Amounts of Marijuana for Personal Use Act of 2014.” –D.C. Code §48-904.01– 1.

Section 401 of the District of Columbia Uniform Controlled Substances Act of 1981, effective August 5, 1981 (D.C. Law 4-29; D.C. Official Code §48-904.01), is amended as follows:

Subsection (a)(1) is amended to read as follows:

(a)(1) Except as authorized by this chapter or Chapter 16B or Title 7, it is unlawful for any person knowingly or intentionally to manufacture distribute or possess with intent to manufacture or distribute, a controlled substance. Notwithstanding any provision of this chapter to the contrary, it shall be lawful, and shall not bean offense under District of Columbia law, for any person twenty-one (21) years of age or older to possess, use, purchase or transport marijuana weighing less than two ounces or to posses, grow, harvest or process, within the interior of a house, building or rental unit that constitutes such person’s principal residence, no more than six cannabis plants, with three or fewer being mature, flowering plants, and to possess within such house, building or apartment the marijuana produced by such plants; provided that none of such marijuana or such plants is sold or offered or made available for sale.”

(b) The following new paragraphs are added to subsection (a) after paragraph (1), and the remaining paragraphs are renumbered accordingly:

(2) The terms ‘controlled substance’ and ‘controlled substances,’ as used in this Code, shall not include marijuana that is or was in the personal possession of a person twenty-one years of age or older at any specific time if the total amount of marijuana that is or was in the possession of that person at that time weighs or weighed less than two ounces. The term controlled substance’ and ‘controlled substances,’ as used in this Code, shall not include cannabis plants that are or were grown, possessed, harvested, or processed by a person twenty one years of age or older within the interior of a house, building or rental unit that constitutes or at the time constituted, such person’s principal residence, if such person at that time was growing no more than six cannabis plants with three or fewer being mature flowering plants. The term controlled substance’ and ‘controlled substances,’ as used in this Code, shall not include marijuana produced by the plants described in the preceding sentence, if such marijuana is or was in the personal possession of the person who grow or grew such plants, within the house, building or rental unit in which the plants are or were grown. Notwithstanding the provisions of this paragraph, the terms ‘controlled substance’ and ‘controlled substances’ as used in this Code shall include any marijuana or cannabis plant sold or offered or made available for sale.“(3) Notwithstanding any other provision of this Code, no district government agency or office shall limit or refuse to provide any facility service, program or benefit to any person based upon or by reason of conduct that is made lawful by this subsection…

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For now use and possession of small quantities of the substance has been decriminalized. -(see our March 2014 blog) –