A marijuana plant grows in an indoor, hydro garden in Washington, D.C.

Aram Vartian / Flickr

The D.C. Council is considering a bill that would take steps towards repealing the prohibition on returning citizens working in the medical marijuana industry.

The bill, introduced Friday by five councilmembers, would seek to change the stipulation in the D.C. Code would repeal a section of the Legalization of Marijuana for Medical Treatment Initiative of 1999 that prevents anyone with a felony conviction or misdemeanor marijuana offense from being an employee, director, agent, or member of a medical dispensary or cultivation center.

The bill also proposes the creation of a program that provides incentives for residents applying for licenses to start dispensaries, cultivation centers, and cannabis testing labs that are more than 50% owned by returning citizens.

“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.”

The bill was co-introduced by At-Large Councilmember David Grosso, Ward 7’s Vincent Gray, Ward 1’s Brianne Nadeau, and Ward 8’s Trayon White. The Council’s Committee on Business and Economic Development will review the bill later this month.

The issue of returning citizens being barred from the weed industry has come up in years past. A comedic web series, for example, told the story of a D.C. citizen who — despite pot becoming (kind of) legal with the passing of Initiative 71 — couldn’t participate in the burgeoning industry because of a previous misdemeanor possession of cannabis charge.

“If all you have is a marijuana offense, I think you should be able to work in the industry,” Grosso, who attended the filming of the show in 2015, said at the time.

Though cannabis culture has generally become more accepted in D.C., returning citizens who use marijuana still face difficulty in the hiring process.

“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.”

While adults over the age of 21 can legally possess, smoke, and “transfer” (also known as “gift”) marijuana, the sale of cannabis is still banned. Congress has repeatedly blocked attempts at legalizing weed sales and has long stood in the way of creating a taxed-and-regulated system for recreational marijuana, despite overwhelming support from D.C. voters. Grosso introduced a bill last year to legalize sales, among other provisions like automatically expunging criminal records that only involve marijuana. D.C. Mayor Muriel Bowser introduced legislation to make recreational dispensaries legal last May, which is still under D.C. Council review.

“We’ve generally been asking for rights for returning citizens to be in the industry,” says Adam Eidinger, who helped introduce Initiative 71 and is behind 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.”

He adds that returning citizens can already take part in Initiative 71. “There is no restriction on home cultivation or personal possession, which is what I’m a champion for. I’m not a champion for the [medical marijuana] industry. Somebody who comes home in D.C. still has the right to grow cannabis for themselves which will save them money.”

Eidinger is wary of the city’s medical marijuana industry more broadly. He says that, while the bill is a great symbol for returning citizens rights, there are too many legal barriers in the way for it to make real change. With only a handful of businesses licensed to operate as medical marijuana dispensaries, Eidinger says it’s a “closed marketplace” that only serves wealthy Washingtonians who can afford the high costs of setting up medical dispensaries. (Application and annual fees can costs thousands of dollars.)

The highly regulated industry saw a boost in sales at the start of the pandemic, but was unable to serve some of its most vulnerable patients until a temporary rule change allowed dispensaries to begin offering delivery and curbside pick-up.

Eidinger says the District should provide a range of licenses to democratize the industry — licenses for social use, delivery, and retail licenses for home cultivators. The high costs and legal barriers have led to an underground gray market, he adds.

“I want a low barrier for entry into the business side of it,” Eidinger says. “That will help the people that Robert White is trying to help.”

This story was updated with a statement from Councilmember Robert White on the legislation.

Filed Under: cannabis, initiative 71, marijuana, marijuana legalization, weed,