“Pot is legal in the nation’s capital!” But is it really?
If you look up the current legality of cannabis in the District of Columbia, you’ll most likely come across “fully legal” somewhere, along with the mention of “Initiative 71.”
So what is Initiative 71? Does D.C.’s current cannabis governing law, Initiative 71, “fully” legalize marijuana? Let’s explore what Initiative 71 actually legalizes, what it prohibits, and what’s currently going on in Congress regarding the regulation of marijuana in the District.
What’s the deal in D.C.?
On November 4, 2014, Washington, D.C. voters overwhelmingly approved Initiative 71 in an effort to move marijuana towards legalization.
What Does Initiative 71 Legalize?
For adults 21 years of age and older, it legalizes:
- possession of two ounces or less of marijuana
- growing within a primary residence up to six marijuana plants, no more than three of which are mature
- transferring one ounce or less of marijuana to another person as long as no money, goods, or services are exchanged, and the recipient is 21 years of age or older
- consumption of marijuana on private property
What Does Initiative 71 Prohibit?
After the enactment of Initiative 71 on February 26, 2015, the following are still considered crimes:
- possession of more than two ounces of marijuana
- smoking or consuming marijuana in a public space or anywhere the public is invited
- the sale of any amount of marijuana to another person
- operating a vehicle or boat under the influence of marijuana
Let’s pay specific attention to the 3rd bullet point in each of the previous lists because that’s where the major difference is between D.C.s “legal” cannabis laws and those seen in some other states. Consuming marijuana in a public place or operating a vehicle under the influence makes perfect sense still being illegal, but what do you mean you can’t exchange money for cannabis? How is someone supposed to get it? Well, it seems they could grow it themselves or have it shared with them.
In the Consolidated and Further Continuing Appropriations Act, 2015, Congress stuck in the “Harris rider,” prohibiting the District from using any funds to enact legislation taxing and regulating cannabis. That restriction flung the door open to a flourishing “grey market” with no regulations to protect consumers or D.C.
New Proposals in 2021
Until recently, congressional interference has made it impossible to enact any framework for the sale or taxation of marijuana in D.C. However, both chambers of Congress are now Democrat-dominated and things may have started to move forward.
On March 1st, Phil Mendelson the Chair of D.C. City Council introduced a cannabis regulation bill called, “The Comprehensive Cannabis Legalization and Regulation Act of 2021.” Support for cannabis regulation came from Mayor Muriel Bowser in a proposal she introduced just prior, regarding the regulation and taxation of marijuana sales in D.C.
The two proposals have a lot of similarities but also major differences in the licensing, tax rates, and tax revenue allocation. It’s unclear which bill will succeed at this point, but Mendelson may have the upper hand, if only because he can prioritize his own bill as the Chair of the Council.
What Will Happen if Someone is Caught with Cannabis in D.C.?
Anyone, at any age, caught possessing or consuming any form of cannabis in public, will have their cannabis confiscated. If the person in possession of the marijuana has over two ounces, they will also be arrested. If the individual is under the age of 21, the marijuana will be confiscated regardless of the location, public or private.