D.C. Lifts Cannabis Smoking Ban, Then Takes it Back

Clones and dried cannabis on display at the first D.C. seed share in Adam's Morgan

Clones and dried cannabis on display at the first D.C. seed share in Adam’s Morgan

On Tuesday, the D.C. city council voted to let the ban on smoking cannabis in privately owned businesses expire — for about a half hour. Then two council members took back their votes, reversing a secure majority of five votes down to only three.

Prior to his change of heart, council member Charles Allen (D-Ward 6) got a call he could not ignore. It was Mayor Muriel Bowser (D-DC) calling him while he was sitting at the dais to made her last-ditch effort to continue restricted cannabis use to private homes.

“She said in very clear terms that the city and the police department were not ready for this,” Allen said.

LaRuby May (D-Ward 8) also reversed her decision. According to The Washington Post, May changed her vote after being lobbied by the mayor and remains a swing vote on the issue. May is up for reelection this spring.

As it stands, the ban will remain in place for another 90 days or until the council revisits the matter.

The Mayor’s Controversial Clarification

Next month marks the one year anniversary since District voters approved Initiative 71, a measure that has allowed residents to grow up to six cannabis plants, with three mature budding plants at once, per person. According to DC.gov, up to one ounce of the product may be transferred to another person if they are age 21 or older and no money, goods or services are exchanged.

Shortly after it passed, a clarification to the original legislation was added to ban cannabis use in private clubs and businesses.

The meat of the controversial clarification is only a paragraph. I’ve highlighted the controversial wording:

To amend, on an emergency basis, the Marijuana Possession Decriminalization Amendment Act of 2014 to clarify that, for the purposes of the act, a private club is a place to which the public is invited and that the prohibition on consumption of marijuana in public is not limited by Legalization of Possession of Minimal Amounts of Marijuana for Personal Use Initiative of 2014 and to amend Chapter 28 of Title 47 of the District of Columbia Official Code to require the Mayor to revoke the business license, certificate of occupancy, and permits of an entity violating section 301(a) of the Marijuana Possession Decriminalization Amendment Act of 2014.

Pro-cannabis advocates say this definition of a private club excludes cannabis consumption in public areas and spaces where smoking cigars and cigarettes are legal. They want Initiative 71 to remain vague in its description of circumstances for a place of legal consumption for cannabis.

Advocates also argue that the clarification leaves the poor living in public or subsidized housing at risk of being arrested for illegal use of cannabis.

“We are heading toward some sort of social-smoking exception, and that’s what we really want,” said Adam Eidinger, known for his role in spearheading Initiative 71.

Remember, if you choose to grow, make sure you know the law. If you are a renter, you should make sure your gardening is approved by the property owner.


Chloe Sommers is the Executive Editor and Chief Political Managing Editor of the Never Daunted Radio Network. You can reach her on Twitter @ChloePalma

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