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During last week’s Congressional hearing on D.C.’s recent marijuana decriminalization law, Rep. John Mica (R-Fla.) brought up an interesting point was raised: how will the different law enforcement agencies treat the law, considering D.C. contains federal land?
Noticeably absent from Friday’s hearing was U.S. Attorney for D.C. Ron Machen, whose office would be in charge of determining how to handle possession of marijuana cases, considering it would still be a federal offense. In a statement first sent to the Post, Machen’s office says that they will “assess each case on an individualized basis,” when it comes to dealing with those caught with the possession of small amounts of marijuana.
D.C.’s marijuana decriminalization law is set to go in effect on July 18, assuming it’s not blocked by Congress (although that would take a lot, including having it signed off by the Senate and the President. That has only happened three times since 1979), in which case those arrested with the possession of small amounts of marijuana (an ounce or less) on federal land in D.C.—the National Mall, for example—won’t necessarily just get slapped with a $25 fine. Here’s the full statement from Machen’s office:
Under the new bill, smoking marijuana in public would remain a criminal offense, and so anyone who smokes marijuana on federal property could still be prosecuted under D.C. law. Individuals arrested for merely possessing, but not using, less than one ounce of marijuana on federal property would be presented to our office for potential prosecution under federal law. We will assess each case on an individualized basis, weighing all available information and evidence, consistent with Justice Department enforcement priorities and the need to use our limited investigative and prosecutorial resources to address the most significant threats to public safety. We rely heavily on diversion programs in our local marijuana prosecutions, and would likely do the same with respect to federal offenses.