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In a 10 to 1 vote, the D.C. Council approved a bill to decriminalize the possession of small amounts of marijuana, taking the criminal charge down to a civil penalty punishable by a fine of just $25.
The bill, introduced by Councilmember Tommy Wells (D-Ward 6) and co-introduced by Councilmember Marion Barry (D-Ward 8) back in July, originally proposed that the penalty for the possession of less than one ounce of marijuana would be punishable by a $25 fine, with a $100 fine for smoking pot in public. But since its introduction, the bill has undergone many revisions, and the public smoking provision was dropped after opposition from Council Chair Phil Mendelson.
In the final vote, only Councilmember Yvette Alexander (D-Ward 7) opposed the bill, while Councilmember Vincent Orange (D-At Large) voted “present.” Before voting, Mendelson introduced two amendments clarifying language of the bill—that the Attorney General would prosecute marijuana cases, not the U.S. Attorney, and that marijuana evidence would not need to be seized and retained from offender’s by police—that passed unanimously.
Orange introduced an amendment that would prohibit employers from testing for marijuana use in the hiring process, unless they are also testing for alcohol use as required by law, but the amendment was met with much opposition.
“Why are we rushing to smoke?” Orange said in defense of his amendment, arguing that more time should be spent considering this amendment before voting for the bill. No one voted to support Orange’s amendment, with Wells and Councilmember Mary Cheh (D-Ward 3) suggesting it be introduced as a separate bill.
Now that the bill has been approved by the Council, it will go to Mayor Vincent Gray for a signature and Congress for 60 days of review. D.C. Delegate Eleanor Holmes Norton does not think the latter will be an issue, but if it is, she’ll defend the bill.
“In a country where many states are permitting medical marijuana, or have decriminalized or legalized marijuana, I do not expect Members of Congress to interfere with D.C.’s local right to pass its own law on marijuana decriminalization,” Norton said in a statement. “If Members try to interfere, however, I will stoutly defend D.C.’s right to pass such legislation, just as 17 states have already done.”
In the meantime, the D.C. Cannabis Campaign is calling for Gray to issue a moratorium on marijuana-related arrests in the meantime.
“Mayor Gray should issue a moratorium on arrests for the possession of marijuana while the legislation in is under Congressional Review. How many more D.C. residents need to be arrested while we wait for Congress?” Adam Eidinger, Chairman of D.C. Cannabis Campaign, said in a release. “This is a Home Rule issue now and the Mayor needs to side with the people.”