Law District of Columbia

[Baron23]

Trump Budget Proposes Loosening DC Marijuana Legalization Restrictions

A budget request released by the White House on Monday proposes scaling back restrictive language that has prevented the city of Washington, D.C. from spending its own money to legalize and regulate the sale of recreational marijuana.

While District of Columbia voters approved a ballot measure in 2014 that makes it legal to possess and grow small amounts of cannabis, there is no mechanism by which consumers can legally buy marijuana in the nation’s capital (outside of medical cannabis dispensaries that only serve registered patients). That’s because although D.C. council members and Mayor Muriel Bowser (D) would like to add in a legal sales component, longstanding congressional appropriations riders have blocked them from doing so.

In 2017, Congress tightened up the ban even further, taking away a potential loophole that city leaders had considered using to support a commercial legalization system.

But President Trump’s Fiscal Year 2020 budget request asks Congress to revert to an earlier, less-restrictive version of the language that leaves the workaround on the table as an option.

The relevant section of the new document reads:

“SEC. 809. (a) None of the Federal funds contained in this Act may be used to enact or carry out any law, rule, or regulation to legalize or otherwise reduce penalties associated with the possession, use, or distribution of any schedule I substance under the Controlled Substances Act (21 U.S.C. 801 et seq.) or any tetrahydrocannabinols derivative.

“(b) None of the funds contained in this Act may be used to enact any law, rule, or regulation to legalize or otherwise reduce penalties associated with the possession, use, or distribution of any schedule I substance under the Controlled Substances Act (21 U.S.C. 801 et seq.) or any tetrahydrocannabinols derivative for recreational purposes.”

Two years ago, Congress changed that second subsection to instead bar use of funds “available for obligation or expenditure by the District of Columbia government under any authority” to lower penalties for cannabis.

The reason that matters is because under the “none of the funds contained in this Act” version, the city would still be able to use separate contingency reserve funds to pay for legalization even while monies contained in the annual appropriations legislation would be restricted.

It’s unclear if White House officials consciously made the change to the earlier, less-restrictive version or if staffers inadvertently did so by simply copying and pasting language from prior budgets. Trump’s FY19 request made the same proposed change, but Congress, through a series of continuing resolutions and omnibus appropriations legislation, has extended the more expansive “under any authority” language through at least this September.

The House and Senate Appropriations Committees will soon begin crafting their own spending bills for FY20, and legalization advocates expect that the new House Democratic majority will propose removing all restrictions on D.C.’s ability to spend its own money on cannabis policy changes and implementation.

Trump’s new budget request also proposes cutting funding for the White House Office of National Drug Control Policy—commonly referred to as the drug czar’s office—by more than 93 percent by moving its key projects, the High Intensity Drug Trafficking Areas and Drug-Free Communities programs, to the Department of Justice and the Substance Abuse and Mental Health Services Administration, respectively.

Trump’s FY2019 request made a similar request, but it was rejected by Congress.

The president’s new budget document also proposes continuing a congressionally approved provision that prevents the federal government from interfering with state industrial hemp research programs:

“SEC. 711. None of the funds made available by this Act or any other Act may be used—

“(1) in contravention of section 7606 of the Agricultural Act of 2014 (7 U.S.C. 5940); or

“(2) to prohibit the transportation, processing, sale, or use of industrial hemp that is grown or cultivated in accordance with subsection section 7606 of the Agricultural Act of 2014, within or outside the State in which the industrial hemp is grown or cultivated.”

But it does not contain a current rider that protects state medical cannabis laws from Justice Department interference. Trump’s previous annual budget also did not include it. President Obama, following the measure’s initial enactment in 2014, requested its deletion in his subsequent budgets, but Congress has continued to extend it through at least the current fiscal year.

 

[Baron23]

What is the Washington D.C. Safe Cannabis Sales Act Of 2019?

Washington D.C. Mayor Muriel Bowser released the following plan this week:

Mayor Muriel Bowser has proposed the Safe Cannabis Sales Act of 2019 – legislation allowing for the sale of recreational cannabis in Washington, DC. The bill enhances public health and safety, provides clarity on the use of cannabis and cannabis products, and advances equity to ensure that that benefits of the new regime go to DC’s most vulnerable communities through jobs and investments in housing. Revenues collected on cannabis will be invested back into the community, focusing most on areas hardest hit by the criminalization of marijuana.

Mayor Bowser’s legislation follows through her on her commitment to fulfill the wishes of DC voters when they overwhelmingly passed Initiative 71, which legalized adult possession and home use of marijuana. Voters passed the initiative with the understanding that DC would then set up a tax and regulate system. Before the Council could enact such a system, Congress stepped in and imposed a rider on DC’s appropriations bill, prohibiting DC from using its local funds to fully enact Initiative 71 in a safe and regulated manner.

Why do we need the Safe Cannabis Act?

• Safety – Illegal drugs cause violence in our neighborhoods. In the unregulated market, products may contain dangerous chemicals and pesticides.
• Clarity – Residents have expressed confusion about what is legal and what is not – this drives some adults to the illegal market.
• Equity – Despite similar rates of marijuana use, communities of color have been disproportionately harmed by the criminalization of cannabis.

What can residents expect?
Must be at least 21 years old and present valid government identification to legally enter a cannabis establishment and purchase products.

• Daily individual purchase limits:
  • 1 oz of usable cannabis flower
  • 5 grams of cannabis concentrate
  • 16 oz of cannabis infused edibles
  • 72 oz of cannabinoid product in liquid form
• Prohibits consumption in public spaces such as sidewalks, parks, schools and roadways.
• Creates the ability to purchase products online for delivery to a residential address.
• Prohibits smoking in any workplace.
• Taxes cannabis and cannabis products at a rate of 17% at the point of sale.

What can vendors expect?

• For 6 months after enactment, applications for licenses for off-premise retailers and cultivators will be first opened to those who already possess a medical marijuana license.
• Five types of licenses which will be valid for a term of three years, renewable, and limited based on demand:
  • Cultivator, manufacturer, distributor, off-premise, retailer, and testing facility
• A requirement of 60% of ownership for each new licensee and 60% of employees must be DC residents.
• Public comment and ANCs feedback during the application process.
• DC Government will use a seed-to-sale tracking system.
• This new adult use regime will be run in parallel to the medical marijuana regime.
• The Alcohol and Beverage Regulation Administration will be renamed the Alcohol Beverage and Cannabis Administration.

Read more about the Safe Cannabis Sales Act here.

 

[deep_meditation]

What is the Washington D.C. Safe Cannabis Sales Act Of 2019?

Washington D.C. Mayor Muriel Bowser released the following plan this week:

Mayor Muriel Bowser has proposed the Safe Cannabis Sales Act of 2019 – legislation allowing for the sale of recreational cannabis in Washington, DC. The bill enhances public health and safety, provides clarity on the use of cannabis and cannabis products, and advances equity to ensure that that benefits of the new regime go to DC’s most vulnerable communities through jobs and investments in housing. Revenues collected on cannabis will be invested back into the community, focusing most on areas hardest hit by the criminalization of marijuana.

Mayor Bowser’s legislation follows through her on her commitment to fulfill the wishes of DC voters when they overwhelmingly passed Initiative 71, which legalized adult possession and home use of marijuana. Voters passed the initiative with the understanding that DC would then set up a tax and regulate system. Before the Council could enact such a system, Congress stepped in and imposed a rider on DC’s appropriations bill, prohibiting DC from using its local funds to fully enact Initiative 71 in a safe and regulated manner.

Why do we need the Safe Cannabis Act?

• Safety – Illegal drugs cause violence in our neighborhoods. In the unregulated market, products may contain dangerous chemicals and pesticides.
• Clarity – Residents have expressed confusion about what is legal and what is not – this drives some adults to the illegal market.
• Equity – Despite similar rates of marijuana use, communities of color have been disproportionately harmed by the criminalization of cannabis.

What can residents expect?
Must be at least 21 years old and present valid government identification to legally enter a cannabis establishment and purchase products.

• Daily individual purchase limits:
  • 1 oz of usable cannabis flower
  • 5 grams of cannabis concentrate
  • 16 oz of cannabis infused edibles
  • 72 oz of cannabinoid product in liquid form
• Prohibits consumption in public spaces such as sidewalks, parks, schools and roadways.
• Creates the ability to purchase products online for delivery to a residential address.
• Prohibits smoking in any workplace.
• Taxes cannabis and cannabis products at a rate of 17% at the point of sale.

What can vendors expect?

• For 6 months after enactment, applications for licenses for off-premise retailers and cultivators will be first opened to those who already possess a medical marijuana license.
• Five types of licenses which will be valid for a term of three years, renewable, and limited based on demand:
  • Cultivator, manufacturer, distributor, off-premise, retailer, and testing facility
• A requirement of 60% of ownership for each new licensee and 60% of employees must be DC residents.
• Public comment and ANCs feedback during the application process.
• DC Government will use a seed-to-sale tracking system.
• This new adult use regime will be run in parallel to the medical marijuana regime.
• The Alcohol and Beverage Regulation Administration will be renamed the Alcohol Beverage and Cannabis Administration.

Read more about the Safe Cannabis Sales Act here.

I would love to see a regulated market.

The pop ups are still booming. I know one business owner who allows them on his premises. Extremely risky but they must be paying him well.

I’ve heard mixed reviews about the quality of the product.

The fact that they’re dabbing people right in the middle of a restaurant is still really crazy to me.

 

[Baron23]

This is kind of cool for any planning a visit to our nation's capitol.

DC will now accept medical marijuana cards from any state
It's still illegal to cross state lines with marijuana.
https://www.wusa9.com/article/news/...il&utm_term=0_ec9b193d9a-15b4154f1b-171290525
WASHINGTON — Washington D.C. will now accept medical marijuana cards from any state in the U.S.

Mayor Muriel Bowser announced the change in a press release Thursday afternoon.

"Non-residents needing their medication while they are visiting the District will be able to patronize the District’s regulated marijuana dispensaries and obtain their medication," according to a release from the city.

Officials noted it is still illegal to cross state lines with marijuana, and it is still federally prohibited.

RELATED: You could soon be able to legally buy weed in DC

“This emergency rulemaking is patient-centric,” Bowser said in a release. “It ensures medical marijuana patients from other states can obtain their needed medicine. It will also promote public safety by allowing visitors to obtain their medicine at one of the District’s six – soon to be seven – authorized dispensaries rather than forcing them to go without or patronizing the illegal market.”

Previously, the District recognized 19 other states' medical cards. Now, at least 27 states' cards will be recognized by the District's dispensaries.

Currently, DC residents cannot buy or sell marijuana and it can only be used on private property. Possessing two ounces or less of marijuana - if you're at least 21 - became legal in February of 2015.

RELATED: Can you smoke weed here? A look at the DC, Maryland and Virginia laws

In May, Bowser proposed legislation that would allow the sale of recreational weed in D.C.

The Safe Cannabis Sales Act outlines regulations for the sale and purchase of recreational marijuana.

It states that businesses that want to sell recreational weed need to meet a threshold of 60% ownership by D.C. residents, and 60% of employees need to be from D.C.

The act outlines a 17% tax on pot and pot products, which Bowser said will feed into funding public housing.

“We can reinvest in our communities that have been hardest hit by the criminalization of marijuana," Bowser said when the legislation was introduced.

That bill is under DC Council review.

 

[Helios]

DC 'District of Crooks'

 

[Baron23]

DC 'District of Crooks'

Yes, and we who live here wish that the rest of the country would quite sending us its psychopathic scum...errrr, I meant politicians. haha

 

[Baron23]

Washington, D.C. Enacts New Employment Protections For Medical Marijuana Patients

Government workers in Washington, D.C. cannot be punished simply because they’re medical marijuana patients under a local law that was enacted on Wednesday.


The legislation, which must still undergo a standard 30-day congressional review before taking effect, stipulates that a “public employer may not refuse to hire, terminate from employment, penalize, fail to promote, or otherwise take adverse employment action against an individual based upon the individual’s status as a qualifying patient unless the individual used, possessed, or was impaired by marijuana at the individual’s place of employment or during the hours of employment.”


NORML first reported on the bill’s enactment, which occurred without the signature of Mayor Muriel Bowser (D).


Marijuana Moment reached out to Bowser’s office but did not receive a response by the time of publication.


When asked about a similar proposal in June, a spokesperson for Bowser told DCist that the mayor felt city employers should set their medical cannabis patient policies on an “agency by agency basis.”


“A qualifying patient’s failure to pass a public employer-administered drug test for marijuana components or metabolites may not be used as a basis for employment-related decisions unless reasonable suspicion exists that the qualified patients was impaired by marijuana at the qualifying patient’s place of employment or during hours of employment,” the bill states.


The legislation does not apply to “safety sensitive positions or if compliance would case the public employer to commit a violation of a federal law, regulation, contract, or funding agreement.”


At-large Councilmember David Grosso (I) introduced the bill in June 2019, and it was unanimously approved in a 13-0 vote after the first reading. He filed a different version of the legislation two weeks earlier that would have covered all city employees, but he withdrew it due to a lack of support.


“Employment protections are critical to ensure that law-abiding adults are not unduly discriminated against in their efforts to be productive members of society solely because of their use of medical cannabis while away from the job,” Carly Wolf, state policies coordinator at NORML, said. “The enactment of this law will provide clarity to employers and peace of mind to the employees who work in the District of Columbia.”


The new law was enacted on a temporary basis for 225 days using a procedure that allowed it to move through the Council on an expedited basis while members consider more permanent legislation.


A bill that prohibits drug testing for marijuana as a condition of employment was approved in New York City in May. As with the D.C. legislation, it was enacted without the mayor’s signature.


https://www.marijuanamoment.net/was...t-protections-for-medical-marijuana-patients/

 

[Baron23]

Lawsuit against Washington, D.C. alleges discrimination against cannabis users

In September, Washington D.C. mayor Murial Bowser brought an end to months of anxious waiting on the part of city workers who lawfully consume cannabis. The new mayoral order clarified that the use of cannabis for any reason cannot prevent a person from getting or maintaining a government job. The order also blocked any city agencies from setting their own workplace marijuana policies. But even though most city employees were okayed to consume medical or recreational cannabis off the clock, Mayor Bowser’s order carved out a key exception: workers in “safety-sensitive” positions. Now, some city workers are fighting to overturn the ban. And one worker, Doretha Barber, is suing the city, alleging its workplace drug policies discriminate against medical cannabis patients.
Lawsuit Targets D.C. Ban on Cannabis Use by City Workers
Doretha Barber is a sanitation worker for Washington, D.C.’s Department of Public Works (DPW). For ten years, Barber has helped keep D.C. streets clean, mostly by raking and collecting trash and leaves. It’s a tough gig for Barber, who was born with scoliosis and diagnosed with a serious disease in her spine in 2014. Bending and raking, Barber believes, makes her back condition worse. And recently, the pain, spasms and migraines she gets are causing her to miss work.



To treat her back pain, Barber came to medical cannabis like many other patients. The prescription and over-the-counter medications she was taking weren’t cutting it. Plus, the side effects were sometimes as debilitating as the pain itself. So it was with her doctor’s recommendation that she became a registered patient with D.C.’s medical cannabis program in 2018.
Barber says cannabis was “life changing.” Her migraines were less intense, her spasms were less frequent and she was able to go to work more. Barber says she only took medical cannabis off the clock and never clocked in under the influence of THC.
But in May, Barber was among a number of DPW employees who received a memo ordering them to seek alternatives to medical cannabis treatments. The department, the memo explained, would begin testing workers in “safety-sensitive” positions. And anyone who failed the urine drug test would be at risk of losing their job or facing disciplinary measures.
Workplace Marijuana Policy Impacts Blue-Collar and Black Workers Most
All of a sudden, a mid-2018 reclassification of all DPW jobs as “safety sensitive” regardless of whether they involved operating heavy machinery or other dangerous tasks meant that workers like Barber could no longer use medical cannabis. When DPW started testing workers, Barber was up front about her enrollment in the District’s medical cannabis program. She was told to find a different medicine. Her lawsuit, filed with the help of the American Civil Liberties Union, says DPW told Barber that she could not return to work unless she both passed a urine drug test and completed a substance abuse counseling program.
But Barber has run out of paid leave to use to complete the substance abuse counseling. And in a desperate effort to hang onto the manual labor job she’s had for a decade, she has stopped using medical cannabis to treat her migraines and back spasms. She’s even asked for a transfer to a desk job or other less physical role with DPW. But the agency has denied her requests, even though policies under the city’s official human resources manual obliges the agency to make reasonable accommodations for employees’ medical needs.
Barber’s ACLU lawyer, Michael Perloff, argues that DPW’s refusal to grant Barber an accommodation “constitutes a violation of the District’s anti-discrimination law, the D.C. Human Rights Act.”
Some D.C. city council members have also spoken out about the “safety-sensitive” exception. At-large Councilmember David Grosso, who introduced a bill in May to bar any city agency from discriminating against cannabis consumers, said the ban is effectively biased against blue collar and Black workers. “It’s interesting to me that they’ve put the effort into classifying positions and enforcing that mostly affect blue collar and African American workers in D.C.,” said Grosso.

 

[Baron23]

Now that Andy Harris...sadly a Congress person from my state...is out of a position of power in the House, they may be able to finally fix this abject stupidity.

Washington, DC’s absurd weed scene shows why the MORE Act just passed a vote

This week, the House Judiciary Committee voted to pass the Marijuana Opportunity Reinvestment and Expungement Act, or the MORE Act, to decriminalize weed at the federal level.

As lawmakers in the Capitol debated this move, all around them in the District of Columbia, the herb in question was circulating widely, being “gifted” and enjoyed freely, if not for free, and perfectly legal.

This contradiction between local and federal law is precisely why the MORE Act was drafted. Right now, federally, marijuana is a highly restricted Schedule 1 substance, making research on the drug hard to conduct even as its use spreads widely and law enforcement efforts become ever more difficult to justify. If the bill does becomes law—and that’s a big if—cannabis would be reclassified as unrestricted and people who’ve been charged or convicted of certain marijuana-related crimes as of the act’s passage would not face criminal penalties and could have their records expunged.

It would also allow the federal government to catch up with much of the country and raise a bunch of money. Medical marijuana is legal in 33 states and it’s legal for recreational use in 11 states, along with DC. As states increasingly decriminalize and legalize marijuana, the federal classification seems not only anachronistic—and like a missed taxation opportunity for a strapped government already taking cash from state cannabis businesses—but downright absurd.

The split between authorities has given rise to a ridiculous patchwork of conflicting laws around the country and spawned kooky legal weed schemes like the one in DC, which must accommodate certain unique federal restrictions because of the district’s status as the capital.

It is legal to smoke, grow, and carry limited quantities of marijuana in DC. But the federal government has been “a constant thorn in the side of the city.” Every year, an amendment is added to mandatory legislation that prevents DC from spending funds to tax and regulate pot. So it is not technically legal to sell weed locally, leading to an interesting workaround for cannabis transactions.

Instead of selling, local purveyors offer marijuana as a gift in addition to a lighter, say, or a sweatshirt, or cookies, or even legal services. There are guides on navigating these transactions, written for discerning local “gentleman tokers” and for tourists unsure of how to partake.

One district criminal defense attorney, who goes by the moniker “Lonny the Street Lawyer,” markets his legal practice with marijuana gifts, for example. He sells cards for redeemable legal services. They come with a gift—weed. The “marketing” attracts customers who probably won’t use the services being guaranteed by the cards but definitely do want to consume the cannabis gifted with them.

Still, anyone in possession of cannabis on federal land in the district is subject to prosecution even if DC metropolitan police are indifferent to weed and couldn’t charge this as a crime.

Some in the federal government want to see these conflicts in the marijuana laws, and the vast array of problems and losses they cause, resolved. ”For far too long, we have treated marijuana as a criminal justice problem instead of a matter of personal choice and public health. Whatever one’s views on the use of marijuana for recreational or medicinal purposes, arresting, prosecuting and incarcerating users at the federal level is unwise and unjust,” House Judiciary Committee chairman Jerry Nadler said in his opening statement on the MORE Act on Nov. 20.

Now that it’s passed a committee vote, the bill will go to the full House for further consideration. If approved again, it would move on to a Senate vote. In the interim, as the wheels of government slowly roll forward—and possibly reach a grinding halt in the Republican-held Senate—the marijuana business will keep booming and the people will keep consuming.

 

[Baron23]

D.C.’s Medical Marijuana Dispensaries Are Seeing Record Sales, But Can’t Deliver To Vulnerable Patients

The first 11 days of March were pretty normal for Takoma Wellness Center.

But on March 12—the day after the World Health Organization declared COVID-19 a pandemic, the National Basketball Association suspended its season, and Tom Hanks announced he had coronavirus—the medical marijuana dispensary’s sales doubled typical Thursday numbers, according to Rabbi Jeffrey Kahn, who co-owns Takoma Wellness Center with his wife and son.

Friday the 13th of March was “the largest day ever” for the dispensary, per Kahn: “Usually, the largest day of the year for a dispensary is April 20. March 13 was about 30 percent higher than last year’s April 20. Since then, every day has been more than what we would think of as normal.”

Ngiste Abebe, director of policy for Columbia Care, the company that runs U Street dispensary Capital City Care and has outposts in more than a dozen other states, says that “cannabis sales are up [across the country], especially in the medical space.”

When Mayor Muriel Bowser ordered the closure of all nonessential businesses on March 25, D.C.’s seven medical marijuana dispensaries were listed alongside hospitals and pharmacies as “healthcare and public health operations,” among the essential businesses strongly encouraged to stay open.

But Kahn says that, despite record sales, the city’s dispensaries are hamstrung by regulations that prevent them from offering curbside pick-up and delivery to patients, many of whom are immunocompromised, elderly, or otherwise vulnerable to the coronavirus. Meanwhile, many players in the city’s vast unlicensed market are still delivering door-to-door to provide customers with their marijuana purchases—and they’re seeing a huge increase in sales, too.

D.C.’s medical marijuana program has been in operation since 2013, and has 6,217 registered patients, according to the most recent data from D.C. Health. Any debilitating condition can qualify a person for a prescription, and each of those patients can purchase 4 ounces of marijuana every 30 days.

A 2014 ballot initiative legalized recreational marijuana in the District, but Congressional meddling has prevented the city from dedicating any money towards regulating that market. While the legalization effort touted a “home grow, home use” model, a gray market has emerged through what’s known as the “gifting loophole.” Under D.C. law, people can give away (but not sell) up to 1 ounce of marijuana to anyone over 21 years of age. In lieu of recreational dispensaries, some companies have emerged that sell and deliver various wares—t-shirts, artwork, rolling papers, and more—and then give away marijuana products alongside those purchases.

Joint Delivery is a “smoke shop essentials company” that delivers products like glass pieces and lighters, and “gifts cannabis within legal limits,” says CEO Connor, who asked that we not use his last name over concerns about the changing regulatory situation for businesses. “Our gifting has gone up drastically. We’ve seen numbers that we’ve never even seen before” during the pandemic, he says.

Restaurants and some retail stores are still permitted to offer delivery, even during D.C.’s stay-at-home order. Connor reevaluates on a daily basis whether the business should stay open, he says, and keeps customers informed about their considerations. Every time Joint Delivery sends out a message saying that it isn’t sure it’ll be open tomorrow, that “causes a massive rush of business,” he says.

As long as Joint Delivery keeps delivering, Connor doesn’t see it getting less busy any time soon. “4/20 is around the corner,” he says. “April is a month of already consuming a ton of cannabis, so I don’t see it slowing down. I see it probably picking up.”

Connor says it’s clear that the limitations imposed on medical dispensaries by D.C. Health, like the inability to deliver, create opportunities for other players. “The medical market in D.C. is so whack,” he says. “That’s why there’s just a thriving gray market that exists in Washington D.C. There is a lot of demand for [delivery].”
Kahn says that dispensaries “have been complaining about that for literally years. Because the Department of Health is slow to act and slow to be able to meet patients’ needs, people who go around Department of Health regulations are able to serve people better than we are, and what a shame is that.”

Last Wednesday, amid the public health crisis, D.C. Health extended telemedicine to medical marijuana patients—something that dispensaries have long clamored for. But medical dispensaries want more changes, say Kahn and Abebe. Namely, they’d like to be able to provide curbside pick-up and delivery, at least to their neediest patients (like Maryland has permitted); increase the amount of product a patient can purchase each month; and stop the expiration of medical marijuana cards during the crisis (similar to D.C. Public Library recently unexpiring library cards so residents could access online resources).

D.C. Health said in an emailed statement that its Medical Marijuana and Integrative Therapy Division is “reviewing best practices and considering how to best respond to this public health emergency to keep our patients and registrants safe.” The agency also pointed to its caregiver program as a way for patients to avoid leaving their homes to acquire goods from a dispensary—a person registered as a caregiver can pick up the marijuana in a patient’s stead.

Currently, there are 58 registered caregivers in D.C., per D.C. Health data. Kahn says the program isn’t enough: “Someone can apply to do that but it’s a long, extended process that involves a criminal background check—it’s nothing that’s going to help us during this crisis.”

Dispensaries and delivery services alike have been instituting additional safety measures during the pandemic.

Takoma Wellness Center is implementing changes to make sure people spend as little time inside the dispensary as possible. The dispensary created an online ordering system in the past week, which a third of its customers are using, says Kahn, and constructed a tent out front for new customers to fill out necessary paperwork outside, as well as increasing its sterilization procedures. Additionally, the dispensary is allowing several employees to work from home.

Capital City Care has shifted its operations to allow express pick-up options, says Abebe, and added markings on the dispensary floor to denote 6 feet of social distancing. “We’re doing everything we can,” she says. “Patients regularly rely on this to maintain chronic illnesses and have quality of life during a time that is already under strain.”
Joint Delivery is now delivering with gloves and masks, and trying to make as little direct contact as possible during packaging and delivery. Connor says that many of the delivery workers were part time before the health crisis, and have lost their other jobs due to coronavirus-related shutdowns. Now, those workers are making up for those lost hours by doing more deliveries for Joint Delivery.

Another delivery service, which requested anonymity to speak frankly about its business, has transitioned to a no-contact delivery, in which customers must show their ID through the window and remain 6 feet away from the driver at all times, and requires hourly hand-washing among staff, amid other cleaning protocol. That service is also seeing a huge boost in business.

“In the first few days of the crisis, our daily sales doubled/tripled,” a representative for the service says over email. “Things have calmed down now and we’re operating with a slight increase in sales, and we’d say we’re seeing 25 percent to 50 percent more in daily sales at this point.”

But not everything is up. “While sales have increased, unfortunately tipping has decreased,” the service adds. “We understand that people are worried and want to conserve their assets. At the same time, please keep in mind that your delivery drivers are frontline workers, risking their lives for you.”

 

[Baron23]

While I agree with Rep Holmes Norton on the egregiousness of Congressional meddling in very local District issues and my libertarian heart sees it as a travesty.

However, I absolutely do NOT support taking on Congress' pet riders to Coronavirus legislation. Just as I opposed Andy Harris sticking in the restrictions on DC as a rider to a huge appropriations bill, so do I oppose using the crisis of coronavirus legislation as an opportunity to hang on your fav pet project.

You want to give $11B to the African Development Fund (ADF), the African Development Bank (AfDB) and the International Development Association (IDA) (which was indeed done in the last coronavirus legislation) then debate it on its own merits. The habit of Congress to tack on pork to large, hard to vote against legislation is a long one but that doesn't make it stink any less.

I absolutely support Congresswoman Norton's view of the inappropriateness of this restriction on the District's local government. But NOT in this legislation.

Congresswoman Wants Ban On DC Marijuana Sales Lifted Through Coronavirus Legislation

A congresswoman is calling on the government to end a policy prohibiting Washington, D.C. from legal marijuana sales, arguing that the jurisdiction is in particular need of tax revenue from cannabis commerce due to the coronavirus outbreak.

Rep. Eleanor Holmes Norton (D-DC) has repeatedly condemned the congressional rider barring the District of Columbia from allowing retail sales that has been extended each year since 2014, shortly after local voters approved a ballot measure to legalize low-level possession and home cultivation. But given the need for resources to combat the pandemic, she said a reversal of the provision should be included in the next COVID-related relief bill.

“At this moment of unparalleled need, D.C. should be able to collect tax revenue from all available sources, like every other jurisdiction, including from recreational marijuana, which is believed to be widely used in the District,” the congresswoman said in a press release on Friday, adding that D.C. was shorted in the last stimulus because Congress treated it as a territory rather than a state.

“While I am working for a retroactive fix in the next coronavirus bill, it is imperative that Congress also repeal the D.C. recreational marijuana commercialization rider in the next bill to help D.C. shore up its finances,” she said. “It is beyond unreasonable that congressional interference keeps only the District from commercializing recreational marijuana, while all other jurisdictions are free to do so.”

“Bringing the District in line with other jurisdictions would create a critical source of tax revenue in our time of need.”

Last year, the House approved an appropriations bill that excluded the D.C. rider, but it was included in the Senate version and ultimately made its way into the final package that the president signed. The cannabis commerce ban was also included in President Trump’s budget proposal earlier this year.

“True to form, Representative Eleanor Holmes Norton continues to be one of the best allies to the cannabis reform movement,” Justin Strekal, political director for NORML, told Marijuana Moment. “During this unprecedented COVID-19 outbreak, it is critical that lawmakers analyze and reform any and every aspect of public policy to mitigate the health crisis and build a foundation for a strong recovery.”

“As the majority of states that regulate cannabis have deemed the industry essential to the continued functioning of their jurisdictions, the continued congressional prohibition of the District of Columbia enacting it’s own adult-use program becomes even more ridiculous,” he added.

Norton, in an interview about her push, said that the congressionally mandated prohibition on sales doesn’t prevent people from accessing cannabis but does block the city from collecting tax revenue.

“You can buy two ounces but, by the way you’ve got to do that on the black market,” she told WUSA-TV. “But there’s nobody to tax it. And I’m simply trying to get the taxes the District is due for merchandise, in this case marijuana that’s being consumed readily in the District of Columbia.”

Legislative priorities for Congress have shifted significantly as lawmakers attempt to address the outbreak, and that’s meant putting some reform efforts on hold. However, the issue isn’t being ignored entirely, and it’s possible that other members may look to attach modest marijuana proposals to additional coronavirus legislation.

For example, Rep. Katherine Clark (D-MA) said this week that U.S. Department of Veterans Affairs policy preventing its doctors from recommending medical cannabis in legal states puts service members at risk in Massachusetts because the state is shuttering recreational shops (but not medical dispensaries) and some veterans fear registering as patients out of concern that they could lose federal benefits.

Eleven senators wrote a letter to Appropriations Committee leadership asking that they allow small cannabis businesses to access federal loans and disaster relief programs. While the lawmakers said it should be enacted through an annual spending bill, advocates have argued that the policy change should be pursued through coronavirus legislation since these businesses are facing challenges just like those experienced by many other companies during the pandemic.

 

[Baron23]

Medical Marijuana Delivered To DC Patients During Coronavirus

Some D.C. patients will soon be able to have medical marijuana delivered to their home temporarily, as part of the District's response to the new coronavirus, also known as COVID-19.


Mayor Muriel Bowser and the D.C. Department of Health introduced emergency rulemaking to allow registered dispensaries in the District to dispense to qualifying patients via delivery, curbside pickup, or at-the-door pickup.

"This emergency rulemaking is necessary to protect the health, safety, and welfare of the District's residents reducing the spread of COVID-19 by enabling District of Columbia residents registered as qualifying patients to obtain medical marijuana while also adhering to social guidelines and the District of Columbia Stay at home Order," the rulemaking says.

When Bowser issued her March 24 order closing all non-essential businesses in the District, marijuana dispensaries were designated essential businesses as public health and health care operators.

The rulemaking, which goes into effect Tuesday and expires on Aug. 12, allows registered dispensaries to deliver medical marijuana to patients in D.C. who are registered in the District's medical marijuana program or a similar program in another state.

The patient must be registered with the delivering dispensary and the dispensary must verify that the patient or caregiver is enrolled in the District's marijuana program. A delivery will not exceed the patient's 30-day limit of 4 ounces.

Deliveries will be made between 11 a.m. and 7 p.m. and dispensaries are limited to 10 deliveries on a single run.
Curbside pickup will only be available directly in front of the dispensary and in view of the dispensary's video surveillance system

 

[momofthegoons]

D.C. Mayor’s Budget Plan Seems To Set Stage For Legal Marijuana Sales

The mayor of Washington, D.C. released a budget plan for the 2021 fiscal year on Monday, and it contains a signal that the local government is preparing to implement regulations for retail marijuana sales just as soon as Congress allows it.

Mayor Muriel Bowser (D) is proposing to shift regulatory and licensing responsibilities for the city’s current medical cannabis program from the Department of Health to the Alcoholic Beverage Regulation Administration (ABRA).

The budget also calls for the establishment of “a non-lapsing Medical Cannabis Administration Fund to collect all funds received from medical cannabis licensing, permitting, and registration fees,” according to a fiscal impact statement.

The document, which was first noted by WAMU’s Martin Austermuhle, states that the mayor’s plan would transfer $360,000 in local funds, about $600,000 in special purpose revenue and six full-time employees from the health department to ABRA.

“Under the most difficult of circumstances, we crafted a balanced budget that reflects our shared values and priorities, makes significant investments in our residents, and sets the District up for an efficient recovery,” Bowser said in a press release. “I look forward to working with the Council to ensure we invest in health, opportunity, prosperity and equity for the District.”

While the modest move wouldn’t allow for commercial cannabis sales on its own, it appears to set the stage for a tax-and-regulate system down the line. Bowser unveiled a legalization bill last year, and part of it calls for ABRA to regulate the legal industry and for the agency to be renamed the Alcoholic Beverage and Cannabis Administration.

If ABRA is already regulating medical cannabis by the time legalization legislation is passed under the mayor’s new proposal, that would presumably cut down on the amount of time it would take for recreational sales regulations to be implemented.

Low-level possession and home cultivation of marijuana has been legal for adults over 21 in the nation’s capital since voters’ passage of a ballot measure on the issue in 2014. But so far, thanks to congressional interference, recreational consumers there have had no legal place to purchase cannabis.

The mayor and a majority of Council members have for several years called for adding a legal sales component to the jurisdiction’s cannabis law, but they have been blocked by a federal spending rider continually approved by Congress that prevents the District from using local tax dollars to pay for it.

Last year, the House approved an appropriations bill that excluded the D.C. rider, but it was included in the Senate version and ultimately made its way into the final package that the president signed. The cannabis commerce ban was also included in President Trump’s budget proposal earlier this year.

Rep. Eleanor Holmes Norton (D-DC) in particular has been a vocal critic of the rider, and she said last month that the coronavirus pandemic demonstrated the need to free up retail salesso that the local government can offset economic losses.

“At this moment of unparalleled need, D.C. should be able to collect tax revenue from all available sources, like every other jurisdiction, including from recreational marijuana, which is believed to be widely used in the District,” she said.

The mayor did issue an emergency order last month that temporarily allows medical cannabis deliveries and curbside pickup in order to reduce the risk of spreading the virus.

Meanwhile, some of the same activists behind the successful 2014 marijuana legalization ballot measure are now working to place an initiative before voters in November that would decriminalize certain psychedelics in the nation’s capital.

 

[momofthegoons]

​

D.C. Marijuana Bill Would Encourage Formerly Incarcerated People To Work In Legal Industry​

A Washington, D.C. councilman introduced a bill this week that would expand opportunities for formerly incarcerated people to participate in the medical marijuana market.

Councilman Robert White (D) said on Monday that there’s “no reason why those who’ve paid their debt to society should be locked out of this industry any longer.”

In addition to ending the ban on industry participation by most people with felony convictions, his bill, which currently has four cosponsors, would establish two programs meant to encourage cannabis business ownership by so-called “returning citizens.”

One would provide an “application fee waiver, technical assistance with the application, and assistance with applying for any required license” for those seeking a marijuana license for a businesses with at least 51 percent ownership by formerly incarcerated individuals.

The other would offer “assistance in developing a business plan and a plan for raising capital for approved applicants” for businesses with at least 51 percent “returning citizen” ownership.



The legislation would also repeal a section of current city code that says:

“No director, officer, member, incorporator, agent, or employee of a dispensary, cultivation center, or testing laboratory who has access to the medical marijuana at the dispensary, cultivation center, or testing laboratory shall have a felony conviction; provided, that the Mayor shall not disqualify any of the forgoing individuals solely for a felony conviction of possession with intent to distribute marijuana that occurred before the July 17, 2014.”

While it’s not clear how White’s fellow local lawmakers will approach the proposal, there have already been several attempts by the District Council and regulators to build on the city’s existing medical cannabis program.

For example, lawmakers approved emergency legislation in May that temporarily extended a policy protecting local government employees against workplace discrimination due to their locally authorized use of marijuana.

And amid the coronavirus pandemic, regulators announced last month that medical cannabis delivery services will be expanded and registration card expiration dates will be extended.

Notably, as of October 1, the district’s Alcoholic Beverage Regulation Administration (ABRA) is now responsible for overseeing the medical marijuana program, taking over for the Department of Health. That’s consistent with a budget proposal the mayor put forth in May that some feel is a step toward preparing for the eventual launch of the legalization of recreational marijuana sales in the nation’s capital.

These modest developments come as advocates and local legislators continue to push for a legal adult-use market in the district. D.C. voters legalized the low-level possession and cultivation of marijuana for adult use in 2014, but the jurisdiction has been barred from implementing retail sales due to a federal spending bill rider that’s been annually renewed by Congress.

Rep. Eleanor Holmes Norton (D-DC) has been a particularly vocal critic of the rider, and she said in April that the coronavirus pandemic demonstrated the need to free up retail sales so that the local government can offset economic losses caused by the health crisis.

Mayor Muriel Bowser (D) unveiled a cannabis legalization bill last year, and part of it calls for ABRA to regulate the legal industry and for the agency to be renamed the Alcoholic Beverage and Cannabis Administration. Now that ABRA is in control of the medical cannabis program, that could presumably cut down on the amount of time it would take for recreational sales regulations to be implemented if and when broader legalization is able to be adopted.

Meanwhile, D.C. voters next month will decide on a ballot measure to decriminalize plant- and fungi-based psychedelics.

 

[Baron23]

“No director, officer, member, incorporator, agent, or employee of a dispensary, cultivation center, or testing laboratory who has access to the medical marijuana at the dispensary, cultivation center, or testing laboratory shall have a felony conviction; provided, that the Mayor shall not disqualify any of the forgoing individuals solely for a felony conviction of possession with intent to distribute marijuana that occurred before the July 17, 2014.”

Wait, so this isn't for MJ convictions as there already seems to be an exemption for this.

So...this is for felons in general. I mean, we have a lot of armed robbers, murderers, rapists, whatever....and he want's to give them a leg up to be into the MJ industry?

Wow. Perhaps I'm mistaken...but if not, then I'm not terribly impressed.

 

[momofthegoons]

Wait, so this isn't for MJ convictions as there already seems to be an exemption for this.

So...this is for felons in general. I mean, we have a lot of armed robbers, murderers, rapists, whatever....and he want's to give them a leg up to be into the MJ industry?

It would appear it's for people that have a history in the 'illicit cannabis industry.' See below.

​

Bill Would Change Returning Citizen Status for D.C. Cannabis Industry​

Supporters of the bill say that barring people with a history in the illicit cannabis industry from joining legally supports unregulated cannabis operations.

A new bill being introduced in D.C.would make it possible for returning citizens, those with a felony or misdemeanor cannabis offenses, to work in the cannabis industry. It was introduced last week and would repeal the part of the Legalization of Marijuana for Medical Treatment Initiative of 1999 that currently keeps them from working.

“When the District first enacted this prohibition, it was in part out of concern that allowing returning citizens to participate might invite federal intervention. These concerns were understandable at the time, but the expansion of this industry across the country and changing perceptions of the use of medical cannabis has made that concern obsolete,” White said in an emailed statement. “The District cannot continue to bar returning citizens from an industry that offers good paying local jobs.”

What The Bill Means​

If this bill passes, it would create a program that would allow returning citizens to get into the industry, as well as provide incentives for residents applying for licenses and those who wanted to start dispensaries, cultivation centers, or testing labs in cases where returning citizens are at least 50 percent of the ownership. It was introduced by At-Large Councilmember David Grosso, Ward 7’s Vincent Gray, Ward 1’s Brianne Nadeau, and Ward 8’s Trayon White, and will be reviewed at the end of the month.

“If all you have is a marijuana offense, I think you should be able to work in the industry,” Grosso was quoted as saying when the ruling first passed. From the start, he was opposed to allowing those with prior charges the chance to work.


This wasn’t the first time that the issue has come up. Even when the initiative just passed, legislators like Grosso were already speaking about a policy they found to be unfair and even ironic. While there is now less of a stigma against cannabis, those who were charged before prohibition started crumbling are still facing the consequences.

Additionally, supporters argue that barring people with a history in the illicit cannabis industry from joining legally keeps money in the gray market and supports unregulated cannabis operations.

“Many residents who have returned home are focused on being productive members of our city, but face significant barriers, which is why I also included a social equity component in the bill,” White wrote in a statement. “Specifically, the legislation would waive application fees and provide technical assistance to assist returning citizens in competing for medical cannabis licenses when additional licenses become available.”

“We’ve generally been asking for rights for returning citizens to be in the industry,” added Adam Eidinger, backer of Initiative 71 and the advocacy group DC Marijuana Justice. “People who have served their time should be able to work in this industry, regardless of whether they’ve had a past drug conviction, or really, any other conviction.”

If this bill passes, the future of legal D.C. cannabis will look a lot more inclusive of those who were marginalized by the war on drugs, and the city could become a mecca for past defenders looking to get into the industry.

 

[Baron23]

It would appear it's for people that have a history in the 'illicit cannabis industry.' See below.

​

Bill Would Change Returning Citizen Status for D.C. Cannabis Industry​

Supporters of the bill say that barring people with a history in the illicit cannabis industry from joining legally supports unregulated cannabis operations.

A new bill being introduced in D.C.would make it possible for returning citizens, those with a felony or misdemeanor cannabis offenses, to work in the cannabis industry. It was introduced last week and would repeal the part of the Legalization of Marijuana for Medical Treatment Initiative of 1999 that currently keeps them from working.

“When the District first enacted this prohibition, it was in part out of concern that allowing returning citizens to participate might invite federal intervention. These concerns were understandable at the time, but the expansion of this industry across the country and changing perceptions of the use of medical cannabis has made that concern obsolete,” White said in an emailed statement. “The District cannot continue to bar returning citizens from an industry that offers good paying local jobs.”

What The Bill Means​

If this bill passes, it would create a program that would allow returning citizens to get into the industry, as well as provide incentives for residents applying for licenses and those who wanted to start dispensaries, cultivation centers, or testing labs in cases where returning citizens are at least 50 percent of the ownership. It was introduced by At-Large Councilmember David Grosso, Ward 7’s Vincent Gray, Ward 1’s Brianne Nadeau, and Ward 8’s Trayon White, and will be reviewed at the end of the month.

“If all you have is a marijuana offense, I think you should be able to work in the industry,” Grosso was quoted as saying when the ruling first passed. From the start, he was opposed to allowing those with prior charges the chance to work.


This wasn’t the first time that the issue has come up. Even when the initiative just passed, legislators like Grosso were already speaking about a policy they found to be unfair and even ironic. While there is now less of a stigma against cannabis, those who were charged before prohibition started crumbling are still facing the consequences.

Additionally, supporters argue that barring people with a history in the illicit cannabis industry from joining legally keeps money in the gray market and supports unregulated cannabis operations.

“Many residents who have returned home are focused on being productive members of our city, but face significant barriers, which is why I also included a social equity component in the bill,” White wrote in a statement. “Specifically, the legislation would waive application fees and provide technical assistance to assist returning citizens in competing for medical cannabis licenses when additional licenses become available.”

“We’ve generally been asking for rights for returning citizens to be in the industry,” added Adam Eidinger, backer of Initiative 71 and the advocacy group DC Marijuana Justice. “People who have served their time should be able to work in this industry, regardless of whether they’ve had a past drug conviction, or really, any other conviction.”

If this bill passes, the future of legal D.C. cannabis will look a lot more inclusive of those who were marginalized by the war on drugs, and the city could become a mecca for past defenders looking to get into the industry.

Its still not clear to me what they are doing as the existing law already has a carve out for MJ felons....which will be repealed and replaced by....yeah, not sure the exact text of new law but existing law does say exactly this:

“No director, officer, member, incorporator, agent, or employee of a dispensary, cultivation center, or testing laboratory who has access to the medical marijuana at the dispensary, cultivation center, or testing laboratory shall have a felony conviction; provided, that the Mayor shall not disqualify any of the forgoing individuals solely for a felony conviction of possession with intent to distribute marijuana that occurred before the July 17, 2014.”​

 

[Baron23]

​

Washington, D.C. Could Allow Marijuana Sales Under Mayor’s New Bill And Democratic Control Of Congress​

The mayor of Washington, D.C. on Friday introduced a bill to create a regulated marijuana market in the District. And while similar legislation has been introduced in past years, the new proposal comes as Democrats take control of both chambers of Congress—a situation that bodes well for removing a federal spending rider that has long blocked legal cannabis sales from being implemented in the nation’s capital.


In other words, there’s renewed hope among advocates that 2021 will finally be the year that a commercial cannabis industry can be established in D.C., where voters approved an initiative legalizing marijuana possession and home cultivation in 2014. Congressional appropriations legislation has since prevented the District from authorizing sales, with Republicans in the majority in at least one chamber on Capitol Hill.


Mayor Muriel Bowser’s (D) bill largely reflects past proposals, though it does include new licensing provisions and funding mechanisms that are meant to bolster social equity in the industry.


“This is about safety, equity, and justice,” Bowser said in a press release. “Through this legislation, we can fulfill the will of D.C. voters, reduce barriers for entering the cannabis industry, and invest in programs that serve residents and neighborhoods hardest hit by the criminalization of marijuana.”


Under the Safe Cannabis Sales Act, adults 21 and older would be allowed to purchase marijuana from licensed dispensaries starting October 1, 2022. A 17 percent tax would be imposed on cannabis sales.


The bill would provide for automatic expungements of prior marijuana convictions and use part of the tax revenue from cannabis sales to support reinvestments in communities most impacted by prohibition. It would also create a new licensing category for delivery services, with a stipulation that eligibility is continent on residency and income factors, such as requiring owners to have lived in certain low-income wards for at least five years.

 

[momofthegoons]

D.C. Can Take Steps Toward Legalizing Marijuana Sales Amid Congressional Ban, Feds Conclude​

A federal oversight agency has determined that a congressionally enacted spending bill rider that prevents Washington, D.C. from legalizing marijuana sales does not preclude local officials from taking procedural steps to prepare for the eventual reform.

Rep. Andy Harris (R-MD), a legalization opponent who’s routinely sponsored the amendment to stop D.C. from spending its own local tax dollars to implement a regulated cannabis market, complained to the Government Accountability Office (GAO) in 2019 after members of the District of Columbia Council introduced a legal sales bill and referred it to committees.

But on Monday, GAO released a letter clarifying that nothing in federal law prevents the city officials from taking such preliminary legislative steps as long as the proposal isn’t actually enacted while the congressional ban stays on the books. With Democrats now in control of the House of Representatives, Senate and White House, advocates believe that it won’t be long before the rider is repealed and cannabis sales can be legalized in the nation’s capital.

“D.C. government officials did not violate section 809 of the Financial Services and General Government Appropriations Act, 2019, or the Antideficiency Act, when they obligated and expended funds in FY 2019 to draft, introduce, and refer a bill to various Committees because the officials did not obligate or expend amounts to enact the bill into law,” GAO General Counsil Thomas H. Armstrong wrote in his seven-page report.

Lawmakers can’t “enact” a bill to legalize any Schedule I substance by voting on final passage or attempting to override a mayoral veto. But that term “does not include other actions that may precede enactment, such as to draft, consider, or hold hearings on legislation,” the federal agency said. “Indeed, these precursory legislative actions can serve purposes other than the enactment of legislation.”

This decision from GAO comes as local lawmakers are considering two new competing marijuana commerce bills—one from Mayor Muriel Bowser (D) and another from D.C Council Chairman Phil Mendelson (D).

While the so-called Harris rider was renewed as part of the latest appropriations legislation, the congressman didn’t proactively introduce it again last year in the Democratic-controlled House. Rather, it was included in the Senate version and ultimately made it into the final bill signed by President Donald Trump. Now that both chambers are controlled by Democrats, who have sought to give D.C. more autonomy than Republicans have, advocates are hopeful that the prohibitive language will be fully stripped from a new spending bill later this year.

For reference, here’s the language of the amendment blocking D.C. from using its funds to enact a regulated cannabis market:

(a) None of the Federal funds contained in this Act may be used to enact or carry out any law, rule, or regulation to legalize or otherwise reduce penalties associated with the possession, use, or distribution of any schedule I substance under the Controlled Substances Act (21 U.S.C. 801 et seq.) or any tetrahydrocannabinols derivative.

(b) No funds available for obligation or expenditure by the District of Columbia government under any authority may be used to enact any law, rule, or regulation to legalize or otherwise reduce penalties associated with the possession, use, or distribution of any schedule I substance under the Controlled Substances Act (21 U.S.C. 801 et seq.) or any tetrahydrocannabinols derivative for recreational purposes.

The recently filed pieces of D.C. sales legislation are similar: both would build on the District’s 2014 law legalizing marijuana possession and home cultivation by creating a regulated market that prioritizes social equity. Bowser’s bill largely reflects past proposals, though it does include new licensing provisions and funding mechanisms that are meant to bolster social equity in the industry.

The Drug Policy Alliance (DPA) is pushing the new proposal from the chairman over the mayor’s approach, lauding the former as a “sweeping bill” that tackles the regulatory side of the market while effectively promoting social equity and reinvestments for communities most impacted by prohibition.

DPA’s Queen Adesuyi said that as Congress moves to federally deschedule cannabis, “it is critical that this injustice in their own backyard finally comes to an end and home rule is respected. It is past time for D.C. to be able to fully realize these benefits by seeking justice reform and equity within their own legal marketplace.”

Activists have also taken issue with several provisions of Bowser’s bill, including that it could limit the amount of cannabis that people could possess after growing the plant at home under the city’s current law.

While it may take time for Council members to choose an approach to legalization, the new GAO report confirms that they can hold hearings and prepare the legislation for final passage so that it is ready when a new federal spending bill goes into law, which could be as soon as October 1, depending on how soon Congress acts on Fiscal Year 2022 legislation.

Last year, the mayor released a budget plan for the 2021 fiscal year that contained a signal that the local government was preparing to implement regulations for retail marijuana sales just as soon as Congress allowed it by shifting the city’s current medical cannabis program to the jurisdiction of the Alcoholic Beverage Regulation Administration (ABRA).

Bowser also unveiled a legalization bill in 2019, and part of it called for ABRA to regulate the legal industry and for the agency to be renamed the Alcoholic Beverage and Cannabis Administration, a change that is also included in the mayor’s latest legislation.

Meanwhile, next door to the District, lawmakers in Virginia recently sent a marijuana legalization bill to the desk of Gov. Ralph Northam (D). On the other side of the city, legislators in Maryland are also considering legalizing cannabis this year.

In D.C., Bowser approved legislation in December to decriminalize possession of drug paraphernalia for personal use and promote harm reduction.

Activists filed a proposed ballot initiative to legalize marijuana sales in August, but it did not advance.

Separately, a local councilman introduced a bill in October that would expand opportunities for formerly incarcerated people to participate in the city’s existing medical cannabis market.

Read GAO’s report on D.C. legislative action on cannabis reform by following title link and scrolling to the bottom of the article.

 

[momofthegoons]

Biden Budget Keeps Medical Marijuana Protections But Would Block D.C. From Legalizing Recreational Sales​

President Joe Biden wants to maintain a long-standing policy that’s protected state medical marijuana laws from Justice Department interference as part of his fiscal year 2022 budget proposal—a notable administration decision given that previous presidents from both parties have called for its elimination in their annual plans.

But Biden wants to continue to block Washington, D.C. from using its own tax dollars to legalize adult-use marijuana sales, declining to recommend that current language barring such activity be eliminated.

The budget approach is raising questions about whether the president is drawing a line in the sand by supporting medical cannabis states but denying D.C. the right to implement sales as the mayor and local legislators want. If so, it would reflect his overall marijuana policy position: yes to medical cannabis, no to recreational marijuana.

The medical cannabis rider, which has been renewed in appropriations legislation every year since 2014, stipulates the the Justice Department can’t use its funds to prevent states or territories “from implementing their own laws that authorize the use, distribution, possession, or cultivation of medical marijuana.”

Past administrations—both Democratic and Republican—have proposed scrapping that language. President Donald Trump and President Barack Obama each called for ending the policy as part of their budget proposals. But Congress has consistently upheld it regardless.

During the 2019 appropriations season, the House approved an even more expansive amendment that would have provided protections for all state and territory marijuana programs, rather than just medical cannabis systems. But the Senate did not follow suit and the provision was not included in final spending bill sent to Trump’s desk.

When Trump signed that large-scale spending legislation in 2019, he attached a statement that said he is empowered to ignore the congressionally approved medical cannabis rider, stating that the administration “will treat this provision consistent with the President’s constitutional responsibility to faithfully execute the laws of the United States.”

Advocates were optimistic that Biden would propose removing the other long-standing rider, which has blocked D.C. from using local tax dollars to legalize marijuana sales—but that did not pan out. And that’s in spite of the fact that he did push to remove separate, D.C.-specific language blocking the city from using its funds to provide abortion services.

The contradiction is all the more interesting given that while Biden has said repeatedly that states should be empowered to make their own decisions regarding adult-use legalization—and he also supports D.C. statehood—he wants to prevent the district from having that same right.

“The president’s budget is simultaneously positive and concerning. On one hand, unlike his predecessors from both parties, he is the first sitting president to call for continued protections for medical cannabis programs,” NORML Political Director Justin Strekal told Marijuana Moment. “But on the other hand, unlike President Obama, this budget denies the right of self-determination to D.C. citizens when it comes to the overwhelming desire of the public and local government to regulate cannabis for adults.”

Mayor Muriel Bowser (D) said in April that local officials are prepared to move forward with implementing a legal system of recreational cannabis sales in the nation’s capital just as soon as they can get over the final “hurdle” of congressional interference.

The ongoing blockade is the result of an amendment that was first added by Rep. Andy Harris (R-MD) when Republicans controlled the House and has since been continued in annual appropriations legislation.

“It is incompatible to support D.C. statehood and simultaneously support the reauthorization of the Harris Amendment,” Mike Liszewski, principal with the Enact Group and a policy advisor to Students for Sensible Drug Policy, told Marijuana Moment. “President Biden’s decision to reinclude this provision in his budget is a slap in the face of every District resident. D.C. voters should not have to beg the federal government to allow us to set up our own marijuana regulatory system.”

The Biden administration is being closely watched by advocates when it comes to any marijuana policy development—especially since the president has maintained an opposition to adult-use legalization even as multiple bills to end federal prohibition are being drafted and introduced.

Perhaps unsurprisingly, Biden did not propose gutting the Office of National Drug Control Policy (ONDCP) as Trump did. The former president called for a roughly 90 percent cut in the agency’s budget in his proposals, but Congress did not follow suit. Biden, meanwhile, helped establish the drug czar’s office during his time in the Senate.