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| D.C. mayor: Despite legal pot, city will not become ‘like Amsterdam’ | D.C. mayor: Despite legal pot, city will not become ‘like Amsterdam’ |
| (about 4 hours later) | |
| D.C. Mayor Muriel E. Bowser vowed Tuesday that the nation’s capital will not become another Amsterdam when marijuana legalization takes effect Thursday. | D.C. Mayor Muriel E. Bowser vowed Tuesday that the nation’s capital will not become another Amsterdam when marijuana legalization takes effect Thursday. |
| Bowser said she would ask the D.C. Council to approve emergency legislation to prohibit private clubs from following the model of Amsterdam coffee shops, where pot could be openly exchanged. | Bowser said she would ask the D.C. Council to approve emergency legislation to prohibit private clubs from following the model of Amsterdam coffee shops, where pot could be openly exchanged. |
| [Everything you need to know to stay out of jail when pot is legal in D.C.] | [Everything you need to know to stay out of jail when pot is legal in D.C.] |
| The move could rein in a potential free-for-all when a voter-approved measure to legalize marijuana takes effect Thursday. | The move could rein in a potential free-for-all when a voter-approved measure to legalize marijuana takes effect Thursday. |
| “Residents spoke loud and clear when they voted to legalize small amounts of marijuana in the District of Columbia,” Bowser said. The task now, she said, is “to implement in a safe, fair and transparent way.” | “Residents spoke loud and clear when they voted to legalize small amounts of marijuana in the District of Columbia,” Bowser said. The task now, she said, is “to implement in a safe, fair and transparent way.” |
| Although voters overwhelmingly approved legalization in November, Congress blocked the District the following month from enacting laws to regulate sales of the drug. | Although voters overwhelmingly approved legalization in November, Congress blocked the District the following month from enacting laws to regulate sales of the drug. |
| D.C. officials have contended that the congressional interference did not halt the voter-approved measure, known as Initiative 71. However, Bowser’s administration had remained mum on the issue since she took office Jan. 2. Aides said they were concerned that spelling out plans for enforcement earlier could have provoked further congressional interference. | D.C. officials have contended that the congressional interference did not halt the voter-approved measure, known as Initiative 71. However, Bowser’s administration had remained mum on the issue since she took office Jan. 2. Aides said they were concerned that spelling out plans for enforcement earlier could have provoked further congressional interference. |
| Speaking for the first time in detail about legalization Tuesday, however, Bowser said it now appeared all but certain that a congressional review period for the initiative would expire Thursday without conservative opponents in the House moving to quash legalization outright. | Speaking for the first time in detail about legalization Tuesday, however, Bowser said it now appeared all but certain that a congressional review period for the initiative would expire Thursday without conservative opponents in the House moving to quash legalization outright. |
| Bowser’s office circulated a flier explaining the law that said Initiative 71 would become law at 12:01 a.m. Thursday. | Bowser’s office circulated a flier explaining the law that said Initiative 71 would become law at 12:01 a.m. Thursday. |
| House Republicans have said they believe Initiative 71 was blocked by the spending restriction in December. The issue could be left to courts to decide. | House Republicans have said they believe Initiative 71 was blocked by the spending restriction in December. The issue could be left to courts to decide. |
| Until then, Bowser (D) and D.C. Police Chief Cathy L. Lanier laid out the contours of how District police plan to respond to the law’s changes. | Until then, Bowser (D) and D.C. Police Chief Cathy L. Lanier laid out the contours of how District police plan to respond to the law’s changes. |
| As specified in the ballot measure, District residents and visitors will be able to possess up to two ounces of marijuana — about a sandwich bag’s worth. Residents will also be able to cultivate the plant in their homes — up to six seedlings each and up to three plants to maturity. Marijuana paraphernalia, including pipes, bongs, and rolling papers, will also be legal. | As specified in the ballot measure, District residents and visitors will be able to possess up to two ounces of marijuana — about a sandwich bag’s worth. Residents will also be able to cultivate the plant in their homes — up to six seedlings each and up to three plants to maturity. Marijuana paraphernalia, including pipes, bongs, and rolling papers, will also be legal. |
| [Top D.C. pot activist plans to reopen Capitol Hemp in Adams Morgan] | |
| D.C. police will stop ticketing for possession, which last year was downgraded to a civil offense instead of a criminal one in the city. | D.C. police will stop ticketing for possession, which last year was downgraded to a civil offense instead of a criminal one in the city. |
| The department will also stop using the existence of up to two ounces of marijuana on a person, in a car or in a home as rationale for investigating other potential criminal behavior. | The department will also stop using the existence of up to two ounces of marijuana on a person, in a car or in a home as rationale for investigating other potential criminal behavior. |
| Police, however, will attempt to draw a bright line prohibiting public use, Lanier said. | Police, however, will attempt to draw a bright line prohibiting public use, Lanier said. |
| D.C. police will be instructed to continue ticketing for public smoking of marijuana, a ticket akin to drinking in public, punishable by up to 60 days in jail and a $500 fine. | D.C. police will be instructed to continue ticketing for public smoking of marijuana, a ticket akin to drinking in public, punishable by up to 60 days in jail and a $500 fine. |
| The new law will also not affect the District’s prohibition against driving under the influence of drugs, and anyone caught smoking marijuana in a car could face stiffer penalties, on par with those for driving while intoxicated. The District, however, has no standard for how much marijuana constitutes driving while drugged, so assessing that will remain a judgment call for police, Lanier said. | The new law will also not affect the District’s prohibition against driving under the influence of drugs, and anyone caught smoking marijuana in a car could face stiffer penalties, on par with those for driving while intoxicated. The District, however, has no standard for how much marijuana constitutes driving while drugged, so assessing that will remain a judgment call for police, Lanier said. |
| The chief also said that smoking in public restaurants, clubs or anywhere else that the public is invited to enter will remain against the law. | The chief also said that smoking in public restaurants, clubs or anywhere else that the public is invited to enter will remain against the law. |
| Further, the mayor said that she would act preemptively to keep a new industry of so-called “cannabis clubs” from forming to fill the void created by Congress having prohibited the city from forming a legal marketplace, as Colorado and Washington state have done with strictly regulated dispensaries. | Further, the mayor said that she would act preemptively to keep a new industry of so-called “cannabis clubs” from forming to fill the void created by Congress having prohibited the city from forming a legal marketplace, as Colorado and Washington state have done with strictly regulated dispensaries. |
| Cannabis-related businesses from those states and beyond are scheduled to participate in an expo a few blocks from the U.S. Capitol on Saturday. At that expo, some business owners have said they plan to provide guidance to D.C. entrepreneurs on how to start clubs with membership fees and access to the plant similar to what occurs in Spain. Others said they may propose subscription services that involve access to marijuana products. One D.C. business owner has already begun testing high-end catered dinners cooked in marijuana-infused oils. | Cannabis-related businesses from those states and beyond are scheduled to participate in an expo a few blocks from the U.S. Capitol on Saturday. At that expo, some business owners have said they plan to provide guidance to D.C. entrepreneurs on how to start clubs with membership fees and access to the plant similar to what occurs in Spain. Others said they may propose subscription services that involve access to marijuana products. One D.C. business owner has already begun testing high-end catered dinners cooked in marijuana-infused oils. |
| In the flier distributed by Bowser’s administration, which had an outline of the District cast in green, the mayor sought to dispel worries that the District would be headed for an unregulated marketplace. | In the flier distributed by Bowser’s administration, which had an outline of the District cast in green, the mayor sought to dispel worries that the District would be headed for an unregulated marketplace. |
| “Q. Is D.C. going to become like Amsterdam?” read one question. | “Q. Is D.C. going to become like Amsterdam?” read one question. |
| “A. No, our law allows home use by adults 21 and over. Pot cafes are not permitted and neither is the sale of any amount of marijuana.” | “A. No, our law allows home use by adults 21 and over. Pot cafes are not permitted and neither is the sale of any amount of marijuana.” |
| Bowser said she would send emergency legislation to the D.C. Council this week to prevent pot clubs. | Bowser said she would send emergency legislation to the D.C. Council this week to prevent pot clubs. |
| Aides said the intent of the emergency bill would be to prevent the formation of widely used work-arounds in which businesses would use membership fees as a proxy for pot sales. | Aides said the intent of the emergency bill would be to prevent the formation of widely used work-arounds in which businesses would use membership fees as a proxy for pot sales. |
| Bowser said she was also forming a working group to tackle other issues that may arise with implementation and would initiate other legislation if needed. | Bowser said she was also forming a working group to tackle other issues that may arise with implementation and would initiate other legislation if needed. |
| To the chagrin of proponents of Initiative 71 and its provisions for home cultivation, Lanier also said that it would be illegal to grow marijuana on balconies, rooftops and back yards. Lanier said home cultivation of pot will be permitted only indoors. | To the chagrin of proponents of Initiative 71 and its provisions for home cultivation, Lanier also said that it would be illegal to grow marijuana on balconies, rooftops and back yards. Lanier said home cultivation of pot will be permitted only indoors. |
| Adam Eidinger, head of the D.C. Cannabis Campaign, has lobbied for cultivation to be allowed in restricted outdoor areas of private residences, saying it would be safer and more environmentally friendly than home growers using powerful heat lights indoors. | Adam Eidinger, head of the D.C. Cannabis Campaign, has lobbied for cultivation to be allowed in restricted outdoor areas of private residences, saying it would be safer and more environmentally friendly than home growers using powerful heat lights indoors. |
| In a question and answer session with members of the D.C. Council, Lanier also went further than what Initiative 71 spells out, saying that only two ounces per adult would be allowed at private residences. The initiative said that any pot harvested at home could remain there, which could far exceed two ounces. | In a question and answer session with members of the D.C. Council, Lanier also went further than what Initiative 71 spells out, saying that only two ounces per adult would be allowed at private residences. The initiative said that any pot harvested at home could remain there, which could far exceed two ounces. |
| Still, the police chief acknowledged that enforcing laws in private homes will remain a challenge, and the smell of marijuana or even complaints from neighbors may not be probable cause to enter a residence to investigate. | Still, the police chief acknowledged that enforcing laws in private homes will remain a challenge, and the smell of marijuana or even complaints from neighbors may not be probable cause to enter a residence to investigate. |
| Lanier and Bowser also spoke at length about the complex challenges outdoors that will flow from the District legalizing marijuana in city with a checkerboard of federal land. | Lanier and Bowser also spoke at length about the complex challenges outdoors that will flow from the District legalizing marijuana in city with a checkerboard of federal land. |
| Although D.C. police will consider marijuana legal, more than two dozen federal law enforcement agencies that operate in the city will be bound by federal drug laws that make marijuana possession punishable by up to a year in jail. | Although D.C. police will consider marijuana legal, more than two dozen federal law enforcement agencies that operate in the city will be bound by federal drug laws that make marijuana possession punishable by up to a year in jail. |
| Lanier said that federal officers who make minor marijuana possession arrests can still process prisoners at District police processing centers, like they always have done on arrests falling under the D.C. code. District officers will not process the arrests. | Lanier said that federal officers who make minor marijuana possession arrests can still process prisoners at District police processing centers, like they always have done on arrests falling under the D.C. code. District officers will not process the arrests. |
| The chief said that since decriminalization, federal officers have made 30 marijuana possession arrests. The mayor and attorney general are meeting in the next day or so to sort out how such cases will be handled by prosecutors. | The chief said that since decriminalization, federal officers have made 30 marijuana possession arrests. The mayor and attorney general are meeting in the next day or so to sort out how such cases will be handled by prosecutors. |
| U.S. Park Police officers have jurisdiction throughout the District and are not strictly limited to federal land. Lanier said an agreement between agencies means Park Police will follow federal law on federal property and District law elsewhere. | U.S. Park Police officers have jurisdiction throughout the District and are not strictly limited to federal land. Lanier said an agreement between agencies means Park Police will follow federal law on federal property and District law elsewhere. |
| The same goes for D.C. police, she said. When residents are found to have marijuana in federally subsidized public housing, D.C. police officers will not arrest. But Lanier said federal officers and housing authority police might. | The same goes for D.C. police, she said. When residents are found to have marijuana in federally subsidized public housing, D.C. police officers will not arrest. But Lanier said federal officers and housing authority police might. |
| On the dichotomy between potential local and federal prosecution, Lanier said, “knowing your geography is important.” She said it should not be confusing for police but will be for residents. “The confusion is not on the enforcement side,” the chief said. | On the dichotomy between potential local and federal prosecution, Lanier said, “knowing your geography is important.” She said it should not be confusing for police but will be for residents. “The confusion is not on the enforcement side,” the chief said. |
| D.C. police are beginning training for how to respond to the law, Lanier said, including training on what two ounces of pot looks and feels like. Officers, she said, would “not carry scales.” | D.C. police are beginning training for how to respond to the law, Lanier said, including training on what two ounces of pot looks and feels like. Officers, she said, would “not carry scales.” |
| Officers are also being given wallet-sized business cards to hand out summarizing what is and isn’t allowed, along with health advice and a number to a health hotline. “You shouldn’t use marijuana just because the local laws have changed,” the card says. | Officers are also being given wallet-sized business cards to hand out summarizing what is and isn’t allowed, along with health advice and a number to a health hotline. “You shouldn’t use marijuana just because the local laws have changed,” the card says. |
| Read more: Everything you need to know to stay out of jail when pot is legal in D.C. Top D.C. pot activist plans to reopen Capitol Hemp in Adams Morgan The highs and lows of D.C. marijuana legalization |