Changing DC’s Criminal Landscape: Is Jail-time for Marijuana Up in Smoke?
by Jeevan Rampersad
With advocates pressing the DC Board of Elections to add marijuana legalization to the DC Ballot, allowing voters to decide the issue of legalizing marijuana in the nation’s capital, DC councilmembers have weighed in on a provision on that would drastically change DC’s criminal landscape, while still keeping marijuana possession and smoking illegal. The new provision would change the penalty for marijuana possession, in most cases, to a civil fine similar to those issued for open container violations.
The marijuana reform movement isn’t new to the District. In 1998, nearly 70% of voters in Washington, DC supported a medical marijuana program in the District. Fast forward almost two decades, and a recent poll by the Washington Post shows an interesting shift from supporting medical marijuana to the actual legalization of marijuana possession. Residents in the district now favor legalizing drug possession for personal use by almost 2 to 1.1
While advocates would need to persuade the DC Board of Elections and collect 25,000 signatures for a measure to reach the DC Ballot, marijuana possession reform has found its way into the boardroom of the DC Council.
In an overwhelming 11 to 1 vote, District Councilmembers eliminated criminal penalties for marijuana possession in deference to a civil based approach. Under the new bill, individuals caught possessing an ounce or less of marijuana would face a $25 fine, making the offense akin to a minor parking violation. Under current law, a similar offense could lead to imprisonment of up to six months.
After Mayor Vincent C. Gray withdrew unconditional support for the decriminalization provisions, citing fear of widespread public smoking within the District, Councilmembers responded by adding a provision that keeps public smoking of marijuana an illegal criminal offense. The Council, however, reduced the maximum jail penalty for public smoking from six months to 60 days, registering the offense as a criminal misdemeanor with a possible fine of $500.
Supporters of the bill cite statistics that show the current criminal approach to marijuana disenfranchises an entire segment of the DC community. Recent studies show that current marijuana enforcement disproportionally targets the black community, even though blacks are no more likely than whites to engage in marijuana use. In fact, the Washington Lawyer’s Committee recently reported that 9 out of every 10 people arrested for marijuana possession in DC were black, although blacks only account for half of the city’s overall population. According to the Drug Policy Alliance, arrests and jail time for marijuana expends taxpayer money and results in a criminal record that denies access to employment, housing, business, and educational grants, and student loans.
On the other hand, opponents say the bill effectively sends the message that marijuana use is acceptable as long as smoking is confined to private areas. Opponents also state the bill will do nothing to fight racial disparity in marijuana enforcement and unfairly expands stop-and-frisk procedures. Dan Riffle, of the Marijuana Policy Project, stated that an officer could mistake any light for the light of a joint and effectively stop and question anyone.
Several Councilmembers hinted towards amending the bill further before pushing a final vote that would land the bill on the mayor’s desk. While the final say is unsure, one thing remains certain– with the push to get marijuana initiatives on the DC Ballot, the criminal landscape of the District’s marijuana program is changing.
[1] http://www.washingtonpost.com/page/2010-2019/WashingtonPost/2014/01/15/National-Politics/Polling/release_285.xml
The Nota Bene » Changing DC's Criminal Landscape: Is Jail-time for Marijuana Up in Smoke?
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