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Law District of Columbia

The explosion of small businesses openly distributing thousands of such mind-altering “gifts” daily throughout the capital is not what Congress had in mind when it banned regulated sales of recreational pot in the nation’s capital, defying the will of local voters. Instead of shutting the legalization movement down, however, Congress has helped make this often-staid East Coast city the Wild West of recreational pot distribution.
:rofl: Music to my eyes........
 
It’s over the top, I’ll tell you that much. A free for all. Given the “home grow” I’m not surprised. One guy told me he reaped close to 6lbs from his plants. Not sure if that’s entirely true but still.

Never thought I’d see anything like this in my life. What’s happening at the XO is going on all over the place every day.

Google is your friend for these types of events should you visit the city and be interested in taking advantage of that type of thing.
 

I have not gone to any of these pop-ups as I had supply and now MD has its MMJ program open. Even though the prices will be much better and perhaps more variety, I still prefer tested and no risk of the cops coming in (though they haven't seemed to hassle customers at all...just sellers and venue operators).

This was all brought to us by those idiots we over pay....members of Congress.


In the murky world of D.C. marijuana law, pop-up markets thrive

At the XO Lounge in downtown Washington one January night, people who paid a $10 cover charge were greeted with samples of caramel popcorn, brownies and crisped-rice treats — all infused with marijuana.

Customers could browse three floors with tables featuring all manner of cannabis: edible candies, smokable flowers, wax, oils and more. All were available only after a suitable “donation” was given for a sticker, or a football card, for which the cannabis was billed as simply an added “gift.” The top floor featured a full-service bar, and music thumped throughout as a steady flow of customers entered the restaurant and nightclub.

The next night, it was D.C. police and alcoholic beverage regulators who poured in. They arrested 22 of the vendors, charging them with misdemeanor drug possession with intent to distribute. Weeks later, though, D.C. prosecutors dropped charges against those defendants, raising questions about how the U.S. attorney’s office will handle such cases.

These marijuana pop-up events have emerged in the bizarre twilight zone of D.C. marijuana law, where it is legal to possess small amounts of cannabis but not legal to sell it.

The events occur nightly in the nation’s capital, advertised openly on social media. Some vendors believe they have found a workaround to the law, saying that they are selling only trinkets and that the cannabis is included. Police call it illegal drug dealing.

“It’s plainly obvious they’re negotiating for marijuana sales,” said Lt. Andy Struhar of the D.C. police narcotics unit. He said police don’t actively seek out the marijuana markets, but they do respond if they get complaints.

Police have raided such events at the Mason Inn sports bar on Wisconsin Avenue NW (where two Montgomery County educators were busted) and a restaurant on 18th Street in Adams Morgan. Officers often are accompanied by the city’s Alcoholic Beverage Regulation Administration (ABRA) when establishments with liquor licenses are involved.

How those cases play out in court — and the ramifications for the establishments — remains to be seen. In the case of the XO Lounge, defense attorney Paul Zukerberg said prosecutors dismissed charges against his client and the 21 other defendants and gave no explanation. The U.S. attorney’s office declined to comment.

POTPOPUP_241.JPG

These samples of cannabis were seized by D.C. police during a raid on the XO Lounge on Jan. 20. (Metropolitan Police Department)
POTPOPUP_239.JPG

Samples of apparent edible cannabis items were seized during the raid. (Metropolitan Police Department)
In Zukerberg’s view, lab testing of vast amounts of edible evidence, having to examine hundreds of hours of police body-cam videos and questions over using a regulatory agency to conduct a warrantless search may add to the legal gray areas engulfing cannabis sales in the city.

In 2014, D.C. voters approved Initiative 71 in a referendum that legalized the possession of up to two ounces of marijuana for recreational use. But attempts by advocates to create a system that would regulate and tax marijuana transactions were shot down by Congress. In that void, entrepreneurs have tried to quietly supply recreational users, and medical patients who use the plant to alleviate their pain, while tiptoeing around the law.

The events occur in a variety of places: private residences, public restaurants, vacant office spaces. Even the first floor of the office building on K Street that is home to The Washington Post hosted recent cannabis events, in an empty commercial space formerly used by a nightclub. (The Post is not the building landlord, only a tenant.)

At the outset, some vendors said, police and the ABRA seemed to tolerate the pop-up markets without intervention. But recently, the number of such markets has mushroomed, complaints from neighbors and anonymous tipsters have risen, and the authorities were obliged to get involved. Struhar noted that the markets are easy to find on Google or Instagram and said that when police are notified of possible illegal activity, they often team up with the ABRA or the District’s business licensing agency to investigate for legal and administrative violations.

Zukerberg questioned whether that approach, pairing police and the ABRA, was a violation of the Fourth Amendment, which prohibits unreasonable search and seizure. “You can’t use a regulatory search as a pretext to search for criminal wrongdoing,” Zukerberg said.

He said prosecutors have other hurdles, saying that “each of the edibles would have to be tested individually,” creating a huge burden on the city’s crime lab, and that “the XO Lounge case also generated over 300 hours of body-cam video footage. That becomes an enormous burden on both defense counsel and the prosecution, and the courts to sift through such evidence for a misdemeanor case.”

JN3_6289a.jpg

Lisa Scott, who operates the edible cannabis company Bud Appetit in the District, said the pop-up scene was small after Initiative 71 passed. But growing interest from consumers and other entrepreneurs led to an expansion. (Jonathan Newton/The Washington Post)
Lisa Scott, who operates the edible cannabis company Bud Appetit in the District, said the pop-up scene was small after Initiative 71 passed. But growing interest from consumers and other entrepreneurs led to an expansion. “Consumers make the demand happen,” Scott said, “and if hundreds and thousands of people come to D.C. because of the recreational law, the city should recognize that.” Scott hopes to create a marijuana business association to help vendors pool resources to operate businesses if the District ever becomes a regulated recreational market.

One active vendor, who produces marijuana-infused edibles and spoke on the condition of anonymity because the issue could compromise their day job, noted how the growth of interest started to bring unwanted attention to the scene. “It’s so many, and five different events every night. I feel like [organizers] don’t have any control over it.” Some event organizers post their addresses with their online ads, while others require customers to message them to receive the address.

Many of the events are advertised as “I-71 compliant,” by not directly selling cannabis. “During my first pop-up,” Scott said, “I said: ‘I have the solution. We’re going to sell merchandise and then gift.’ Technically, it’s against the law as well, but I don’t think it’s enforceable because who’s to say I can’t just give you something? I guess it’s the way you do it. I sell you socks for $20, then gift you something. How is that against the law? How is that enforceable? It didn’t seem to be a problem, so we kept doing it that way.”

Before it became legal to possess up to two ounces of marijuana in the District, D.C. police made about 4,000 pot arrests per year, crime statistics show. But after Initiative 71 passed in 2014, the number of arrests plunged: to 276 in 2015, then 354 in 2016 and rising to 587 last year, according to the U.S. attorney’s office.

But the demand hasn’t abated, and so “even in today’s environment of MPD crackdowns,” lawyer Joshua R. Sanderlin said, “the hash bazaar market continues to thrive. Given the amount of money at stake for vendors and promoters, it’s unlikely that MPD’s increased enforcement will cause a significant change in vendor and promoter behavior.”

Sanderlin, who specializes in cannabis law, predicted that if businesses and restaurants lose licenses, vendors will simply move their events to private residences, avoiding the alcohol and business regulators.

“The vast majority of operators or potential operators want to be legal and licensed,” said Morgan Fox of the Marijuana Policy Project, “and the vast majority of consumers prefer to patronize such businesses.”

Clarifying city laws would eliminate the “gray market” of marijuana pop-ups, “removing the threat of raids and arrests for legitimate actors,” Fox said, and the District would be able to collect taxes on regulated marijuana sales.

“Certainly things could get clarified,” said Struhar, the police narcotics lieutenant, “but I don’t know where they would want to start.”

“It’s just a lot of things going on [in a marijuana pop-up] for us to address,” Struhar said, such as the different types of marijuana seized and the various kinds of business licenses involved. He also said police are concerned about the security of the events, which have large amounts of cash as well as marijuana.

Local Crime & Safety Email Alerts

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But the impact of city enforcement on the cannabis events is starting to show. On three occasions last year, police and alcohol regulators visited the Vita Restaurant and Lounge on Ninth Street in Northwest Washington and found marijuana events in progress, records provided to The Post show. The city’s consumer regulatory affairs department moved to revoke Vita’s business license, and Vita’s owners then dissolved their corporation, department spokesman Tim Wilson said.

Later this month, advocates of legalization said they are planning a pop-up to make a point.

On Tuesday, the D.C. Cannabis Business Association and the group DCMJ said they will host a market in front of the District’s city hall. The demonstration, Scott said, is aimed to “make the point that [advocates] would rather be able to legally sell cannabis and pay taxes than the current system of ‘pop-ups.’ ”
 
Even though MD has its MMJ program up and operating, I would like to go to DC med dispensary as they have been up and running for a while and have a great deal of variety that is not available in MD yet including some wonderful looking "temple balls" hashish. I would be interested in comparing this to the traditional hashish of my youth.


Reciprocity in the District: Info for Out-of-State Patients

If you’re interested in purchasing medical marijuana products in the District of Columbia, but you don’t have a DC-issued medical marijuana card, this page is for you. Please review the information below and don’t forget to sign up for updates at the bottom of the page.

What is reciprocity?

When a medical marijuana program offers reciprocity, this means that patients from out-of-state are permitted to make dispensary purchases using a medical marijuana card issued by the state where they reside. Most states with medical marijuana laws do not offer this option, however the District of Columbia is in the process of approving sales to visiting patients.

When will D.C. dispensaries begin serving out-of-state patients?

The D.C. Council has passed legislation to allow purchases by out-of-state patients, but the new law has not taken effect yet. We’re working closely with the D.C. Department of Health to implement reciprocity for out-of-state medical marijuana patients visiting the District. Regulations for reciprocity have been approved and we’re in the process of working out the final logistical details. Currently, the Department of Health is estimating that reciprocity sales could begin taking place in April at the earliest.

Can I make a purchase for recreational use?

Recreational sales are not permitted in the District. Under D.C. law, residents may grow a small number of plants in their home for personal use, but the District’s legalization policy does not allow sales. Dispensaries in D.C. are medical only and require a DC-issued medical marijuana card to make purchases.

Is this page up-to-date?

Yes, the information on this page is current. We’re eager to begin serving out-of-state patients and we’ll update our website immediately once we learn more about the timeline.
 

D.C. lawmakers accept weed from activists as conflict over murky marijuana laws continues



IMG_6576.jpg


Nearly two dozen cannabis advocates rallied in front of the Wilson Building on Tuesday morning, pressing for the legalization of marijuana sales in the District.

Proudly flying a flag stamped with marijuana plants, people with the D.C. Cannabis Business Association (DCCBA) and a group known as DCMJ highlighted the city law that makes it legal to possess up to two ounces of cannabis, but not sell it. Police have raided events where vendors have sought a workaround by selling small trinkets and including marijuana infused-treats, waxes or oils as a gift.

“The impetus [for this rally] is that the raids have increased,” said DCMJ co-founder Adam Eidinger. “At our biweekly meetings at public libraries, especially in Southeast and Northeast, we’ve heard about this issue more than any other issue, that people’s livelihoods are being threatened.”

D.C. voters in 2014 approved Initiative 71 in a referendum that legalized the possession of up to two ounces of marijuana for recreational use. But attempts by advocates to create a system that would regulate and tax marijuana transactions were shot down by Congress.

A congressional rider outlaws pot sales and forbids the D.C. Council from passing laws to “reduce penalties” associated with the drug. DCMJ and the DCCBA want council members to pressure Congress into repealing the rider, and then set up a system to tax and regulate sales.

“I don’t mind being taxed,” said Capice Faulcon. He owns a website and sells gemstone jewelry and toys from the 1980s. Since he cannot legally sell marijuana, he gives it away to customers as a “free gift.”

Armed with bags of pot, the activists on Tuesday handed out rolled joints and seeds to anyone who could prove they were 21 or older.

Leydi Arenas, 35, inspected the IDs of four young men. In exchange, she handed them each one joint rolled in strawberry-
flavored paper.

“I’m supporting the cannabis community,” Arenas said. She said she used to be a vendor, but does not smoke anymore.

The activists then moved inside. They waited outside the room where lawmakers attended a breakfast for Jewish community leaders.

Council member David Grosso (I-At Large), who has been a supporter of marijuana revisions, took a joint as he left the breakfast. Grosso in September introduced a bill that would make it easier for residents to enroll in the city’s medical marijuana program.
 
DC Marijuana Justice hands out free cannabis at HUD to protest public housing laws

WASHINGTON (ABC7) — In the shadow of the US Department of Housing and Urban Development members of DC Marijuana Justice spoke and smoked in protest.

“The federal government is discriminating against people in public housing,” said Adam Eidinger, the president of DCMJ, which spearheaded Initiative 71 that legalized cannabis in the District of Columbia.

In DC, growing and using small amounts of pot in the privacy of your own home is legal, but not if you’re a tenant of public housing.

“It’s their house,” Eidinger said. “It’s the last place they should be telling them what they can and cannot have.”

A reality this woman deals with daily.

“We’re outside, because of the repercussions I fear. The risk of losing my home. I just couldn’t put any more stress on us.”

As a result, ABC7 is not mentioning her name or showing her face. ABC7 recorded the interview on a cell phone to not bring attention her way.

She suffers from fibromyalgia and when possible uses marijuana to ease her severe pain, but because of federal public housing laws she can’t have any cannabis related products in her apartment because she would be evicted.

“Sick people shouldn’t have the additional burden of maybe being homeless because they need to medicate themselves,” she said.

The demonstrators hope their protest clears the smoke around the issue that affects countless tenants too afraid to lose their affordable housing to speak up for themselves.
 
Reciprocity beings April 9th. I wonder how this will work out? I'm happy for everyone who will benefit!
Thanks for the news!!

Wow, any reference or source?
 
I just read a Twitter update that somehow made it to my Junk mail. This was posted a few days ago though. Will the dispensaries will be ready?

Adam Eidenger tweeted about it.

https://twitter.com/DCMJ2014/status/982822614669447168




https://nationalcannabisfestival.com/news/2018/4/5/cannabis-reciprocity-in-dc
Thanks man!! I am seeing my MJ doc, Pat Frye, on Wed the 11th in Takoma Park. If this is in effect then, I'm going to pop over to Takoma Wellness and see what's up there....they list some products that aren't available in MD yet.
 
Thanks man!! I am seeing my MJ doc, Pat Frye, on Wed the 11th in Takoma Park. If this is in effect then, I'm going to pop over to Takoma Wellness and see what's up there....they list some products that aren't available in MD yet.

You're welcome! Very happy for you. I remember reading a few posts about why you medicate. I think you'll be happy with the selection that's available. They have a good variety of CBD products if you are into that - including a Rosin "Super CBD" The owners are a very kind group of people.
 
You're welcome! Very happy for you. I remember reading a few posts about why you medicate. I think you'll be happy with the selection that's available. They have a good variety of CBD products if you are into that - including a Rosin "Super CBD" The owners are a very kind group of people.
Thanks, Deep. Just replied via PM but yes, they are nice people. I know their son who runs the Liberty dispensary in Rockville. Like father like son, he's a rabbi also (is weed kosher? haha...kidding).

Cheers
 
Hard to believe we actually pay these asshats in Congress for this type of crap. Yeah, block regulation so that the current thriving unregulated, meet in a parking lot, market can continue to sell untested MJ to residents. Brilliant (you idiots).


Congress blocks recreational marijuana sales in Washington, D.C.

Cannabis is legal in our nation’s capital. But it could be awhile before Washington, D.C. has pot shops.

The U.S. House Appropriations Subcommittee on Financial Services and General Government has passed a bill that continues to block Washington, D.C. from spending money to further legalize cannabis. The measure effectively bars retail marijuana sales from the city. It also adds a new prohibition on using funds to support safe consumption sites for illegal drug users, reports Marijuana Moment.

The powerful subcommittee included the provisions in Fiscal Year 2019 funding legislation approved last week. They’re continuing a long tradition of the GOP-controlled Congress interfering with the ability of District of Columbia officials to set their own cannabis and drug policies.

A press release from the office of Democratic Congresswoman of D.C. mentions cannabis funding as part of her efforts to foster home rule in the District. “Although Republicans are getting started early this year on attacking D.C.’s local laws, we got our home-rule coalition started even earlier in helping to stake out our defense,” Norton said. “We expect to have the same success we had last year, working with the Senate, to remove most of these undemocratic riders.”
 
Can’t remember if I posted about this here or on another forum. So, DC has a lot of “gifting” and “transferring” going on and it’s been going on for a while. At certain events people will buy a t-shirt for $x and it comes with a “free” gift.

Unfortunately, this has emboldened people to start asking for “gifts” or “transfers” all over the place. All of the glass shops have signs up discouraging this type of talk. Across most of the country if you ask about the green at a head shop, you’re out. But here it’s a big problem... who the hell just asks people standing on the street for a hookup? “Hey Man,....”

My question is: WTF is wrong with these people?
 
who the hell just asks people standing on the street for a hookup? “Hey Man,....”
Why do you think its just standing on a corner soliciting some MJ? I believe most of these are arranged via the internet (LOTS of listings) and then you meet somewhere or there have also been popup events at bars, etc where a bunch of sellers (gift and donate) but one was busted recently so that may have cooled that down.
 
Why do you think its just standing on a corner soliciting some MJ? I believe most of these are arranged via the internet (LOTS of listings) and then you meet somewhere or there have also been popup events at bars, etc where a bunch of sellers (gift and donate) but one was busted recently so that may have cooled that down.

If you can believe it, that actually happened to me and I was wound up about it. I was somewhat worried I was being filmed. Anyway, I informed the guy about the laws in DC. I think he thought he could go into a glass shop or two in Adams Morgan and actually purchase it outright. "But I thought it was legal....", "Well....."
 
If you can believe it, that actually happened to me and I was wound up about it.

Wow! Just WOW! hahaha Yeah, lots of tourists in DC and not a lot know the ins and outs of the MJ scene there. With a med card from MD, I can now shop in DC med dispensaries which is kind of a keen option. Their market is more mature than MD and you can get some products like powdered keif (dry sift?), etc that's not readily available yet in MD.

I did buy some grams at Takoma Wellness (learned my lesson early when the program opened...if you want to try different strains, buy grams...NOT 1/8's!! LOL. I have LOTs of 1/8s sitting here LOL). I ground one last night, LA Chocolat, and it really was a marvelous hybrid. I liked it a LOT. So, that one is on my list to replenish if I ever get through all of the stuff I bought in a feeding frenzy when our program first opened.

Cheers
 
Wow! Just WOW! hahaha Yeah, lots of tourists in DC and not a lot know the ins and outs of the MJ scene there. With a med card from MD, I can now shop in DC med dispensaries which is kind of a keen option. Their market is more mature than MD and you can get some products like powdered keif (dry sift?), etc that's not readily available yet in MD.

I did buy some grams at Takoma Wellness (learned my lesson early when the program opened...if you want to try different strains, buy grams...NOT 1/8's!! LOL. I have LOTs of 1/8s sitting here LOL). I ground one last night, LA Chocolat, and it really was a marvelous hybrid. I liked it a LOT. So, that one is on my list to replenish if I ever get through all of the stuff I bought in a feeding frenzy when our program first opened.

Cheers

You reminded me of this great strain. It looks as though they've replenished the supply. Last time the limit was a gram, I think. I like it a lot too.
 
Politics
Washington, D.C. Mayor Plans Legal Marijuana Sales As Congress Shifts

Legal recreational sales could be coming to the nation’s capital under a plan announced by Washington, D.C. Mayor Muriel Bowser (D) on Wednesday.

District of Columbia voters approved a legal cannabis ballot measure in 2014 that allows low-level possession and home cultivation. But, because of a spending bill rider pushed by the Republican Congress, the city is not allowed to use any funds to legalize and regulate the sales of marijuana. As a result, an unregulated gray market of cannabis distribution has cropped up in the city.

But now that Democrats have regained control of the House of Representatives in Tuesday’s midterm elections, Bowser is announcing that she will submit a full marijuana legalization bill to the District of Columbia Council early in 2019.

“We will prepare a tax and regulate scheme to present to the Council at the beginning of the year,” she said in a press conference.

“We have an untenable situation in the District that I believe makes us unsafe,” Bowser argued, referring to the current noncommercial form of legalization that exists in the city. “As long as we have the ability to possess marijuana, which is our law, we also need the ability to procure marijuana legally, which we don’t have now.”

The mayor did not give specifics of the legal cannabis sales legislation she plans to introduce.

In a press release, Democratic Rep. Eleanor Holmes Norton, who represents D.C. in Congress, said that she will “continue to fight” to remove the marijuana rider and other roadblocks to the city’s autonomy that Republicans in Congress have erected.

Legalization advocates said they would press Congress to let D.C. set its own cannabis laws.

“The Drug Policy Alliance plans on working diligently with Congress to remove the rider that has unfairly forced residents of the District to operate within a grey marijuana market for far too long,” says Queen Adesuyi, policy coordinator with Drug Policy Alliance. “The District is unique in that it was one of the first legalization efforts grounded in racial and criminal justice. We plan to work with the District to enact marijuana legalization with that lens as promised throughout the campaign.”

The city currently has a handful of medical cannabis dispensaries from which registered patients can buy marijuana.
 

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