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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 5 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. City leaders warned the public Tuesday that when marijuana possession becomes legal in the District at 12:01 a.m. Thursday, many pot-related activities will remain illegal, including selling the drug, growing it outdoors, possessing it in federally subsidized housing and smoking it anywhere in public.
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. In remarks to the D.C. Council, Mayor Muriel E. Bowser and Police Chief Cathy L. Lanier offered their first public guidance on Initiative 71 — what it will mean and how it will be enforced — since the ballot measure was overwhelmingly approved in the fall. And they paid as much attention to what will be forbidden as to what will be allowed.
[Everything you need to know to stay out of jail when pot is legal in D.C.] They said District residents and visitors will be able to possess as much as two ounces of marijuana, a large sandwich bag’s worth. Residents will also be able to cultivate the plant in their homes — up to six seedlings each, with up to three plants grown to maturity. Marijuana paraphernalia, including pipes, bongs and rolling papers, will be legal.
The move could rein in a potential free-for-all when a voter-approved measure to legalize marijuana takes effect Thursday. But profiting from pot in almost any way and lighting up anywhere outside a home — including restaurants and parked cars — will be forbidden. Bowser also called for legislation to block the formation of a “gray market” for pot, with features such as the organization of “cannabis clubs” whose membership fees could pay for access to the drug.
“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. Tangled in a web of federal oversight, the District’s journey to marijuana legalization has lurched forward since Initiative 71 passed in November. Instead of writing regulations governing how the drug would be bought, sold, tracked and taxed — a process that took more than a year in Colorado and Washington state — the District was quickly blocked from doing so by Congress. The city’s attorney general advised officials that even talking about how to allow pot sales could result in jail time for them.
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. That warning, coupled with fear of provoking further interference from Congress, led leaders to say virtually nothing until Tuesday, little more than a day before pot is expected to become legal. And even then, instead of announcing a detailed set of rules or a gradual schedule of implementation, they mostly limited themselves to a narrow discussion of how the city will enforce the law.
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.   To emphasize the continued risk of carrying marijuana around the District, Lanier and other officials emphasized a catchphrase to help people remember to keep pot indoors: “Home use. Home grown.”
Bowser’s office circulated a flier explaining the law that said Initiative 71 would become law at 12:01 a.m. Thursday. D.C. police will encourage those who want to smoke and grow marijuana to do so out of sight. Police will ticket people for lighting up anywhere in public and will continue to arrest anyone they think is trying to sell or buy the drug.
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. In addition, 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 can be openly exchanged.
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. [Everything you need to know to stay out of jail when pot is legal in D.C.]
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. The move could rein in an expected free-for-all when the voter-approved measure takes effect. The mayor warned that the prohibition on pot clubs could be the first in a series of laws she will seek to make sure that legalized pot stays out of public view.
[Top D.C. pot activist plans to reopen Capitol Hemp in Adams Morgan] Some were immediately skeptical that the mayor could deliver on that promise.
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. “I don’t think they can keep a lid on it,” said Delroy Burton, chairman of the D.C. police officers union. “Our ability to do enforcement has been severely restricted.”
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. Burton said that since last year, when D.C. eliminated criminal penalties for pot, it has become almost impossible for officers to develop reasonable suspicion for an arrest for smoking in public. And if pot clubs meet in private, he sees even less chance for officers to investigate. “With the federal laws and local laws, they’ve created a mishmash of stuff here that makes it nearly impossible.”
Lanier said D.C. police will stop ticketing adults for possession, which last year was downgraded to a civil offense, from a criminal one, in the city. The department will also stop using the discovery of two ounces or less of marijuana on a person, in a car or in a home as reason to investigate the possibility of other, potentially 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. Police will be instructed to continue ticketing or arresting people for public smoking of marijuana, an offense akin to drinking in public, which is 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. Anyone caught smoking marijuana while operating a car could face penalties stiffer than those for public use and on a par with those for driving while intoxicated.
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 District, however, has no standard for how much marijuana use leads to driving while drugged, so that will remain a judgment call for police, Lanier said.
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. The chief also said that smoking in public restaurants, clubs or anywhere else that the public is invited will remain against the law.
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. The District is joining Colorado, Washington state and, as of this week, Alaska in legalizing marijuana. But the combination of Congress’s unique oversight of the city and federal jurisdiction over much of the city means that legal pot could look very different in the nation’s capital.
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. Congress, which has the power to review all city laws, could still intervene to block Initiative 71 from taking effect. Congressional leaders also could put a stop to the endeavor with a single sentence in a future budget.
“Q. Is D.C. going to become like Amsterdam?” read one question. Bowser’s office declared unequivocally in a flier circulated Tuesday that the initiative will take effect at 12:01 a.m. Thursday. Aides said they didn’t speak sooner out of concern that spelling out plans for enforcement could have provoked congressional interference.
In the flier, which featured 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?” one question asks.
“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. To the disappointment of proponents of Initiative 71 and its provisions for home cultivation, Lanier said it would be illegal to grow marijuana on balconies, on rooftops and in back yards. She said home cultivation of pot will be permitted only indoors.
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. 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 friendlier to the environment than having home growers use powerful heat lights indoors.
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. In a question-and-answer session with D.C. Council members, Lanier specified a restriction on possession beyond what Initiative 71 spells out, saying that only two ounces per adult would be allowed at private residences. The initiative said pot harvested at home could remain there, which over time could far exceed two ounces.
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. Still, the police chief acknowledged that enforcing restrictions in private homes will remain a challenge, and she said the smell of marijuana or even complaints from neighbors might not be probable cause to enter a home to investigate.
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. Similarly, the chief said D.C. police will not make arrests for violations of the prohibitions against smoking and possessing marijuana in federally subsidized public housing. But she said federal officers and housing authority police might.
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. Lanier and Bowser spoke at length about the complex challenges that will flow from the District’s legalizing marijuana in city that is more than one-quarter federal land.
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. More than two dozen federal law enforcement agencies operate in the city and will be bound by federal drug laws that make marijuana possession punishable by up to a year in jail.
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 said federal officers who make arrests for minor violations of marijuana laws can process prisoners at District police processing centers. District officers will not process the arrests. The chief said that since decriminalization in July, federal officers have made 30 marijuana-possession arrests. The mayor and D.C. attorney general are meeting in the next day or so to sort out how such cases will be handled by prosecutors.
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. Another wrinkle in the park-heavy District: U.S. Park Police officers have jurisdiction throughout the District and not just on federal land. Lanier said Park Police have agreed to federal law on federal property and District law elsewhere.
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. “Knowing your geography is important,” Lanier said.
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. She said it should not be confusing for police officers, but it will be for residents. “The confusion is not on the enforcement side,” the chief said.
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. D.C. police are beginning training on how to respond to the law, Lanier said, including on what two ounces of pot looks and feels like. Officers, she said, will “not carry scales.”
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. Officers are also being given business cards to hand out that summarize what is and isn’t allowed, along with health advice and a number for a health hotline. “You shouldn’t use marijuana just because the local laws have changed,” the card says.
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.”
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 legalizationRead 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