By Paul Armentano, NORML Deputy Director
District of Columbia city officials this week moved forward with their intentions to implement a voter-approved municipal initiative depenalizing marijuana possession and cultivation offenses.
On Tuesday, city officials confirmed that Initiative 71 was transmitted to Congress for review. Under federal law, all District laws are subject to a 30-day review process by Congress, during which time members may take action to halt the law's implementation.
Speaking to Roll Call this week, House Oversight and Government Reform Chairman Jason Chaffetz (R-Utah) said that language previously adopted by Congress in a December 2014 spending bill already prohibits DC officials from implementing I-71 and, thus, no further action by Congress is necessary. However, several District officials - including DC Delegate Eleanor Holmes Norton and DC Council Chairman Phil Mendelson - said that the federal provision in question in no way blocks city officials from enacting the new law.
"The District's examination agrees with our analysis that the initiative was enacted when voters approved it and will take effect at the end of the 30-day congressional review period," Del. Norton said in a statement.
Chairman Mendelson agreed, saying, "I happen to believe that the initiative was enacted so I think there's no question that after the 30-day review it will be law."
The District of Columbia Attorney General's office has not yet commented in regard to how the District will respond if Congress does not address the initiative during the review process, Roll Callreported.
In November, 70 percent of District voters approved I-71, which removes criminal and civil penalties regarding the adult possession of up to two ounces of cannabis and/or the cultivation of up to six plants.
Separate DC municipal legislation - 'The Marijuana Legalization and regulation Act' - which seeks to regulate commercial cannabis production and retail sales, is also pending before the Council. If enacted, this legislation would also go before lawmakers for Congressional review and likely would force a federal challenge.