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2014 Washington, D.C., Initiative 71
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Ballot measure legalizing cannabis in Washington, D.C.
Initiative 71 An initiative to legalize the possession and cultivation of cannabis for personal use in small amounts. 115050 49168 164218 DC Initiative 71 2014.svg Precinct results
Yes
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No
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Other
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thumb|A canvasser for the DC Cannabis Campaign soliciting signatures for Initiative 71
Initiative 71 was a voter-approved ballot measure in Washington, D.C., that legalized the recreational use of cannabis. The short title of the initiative was "Legalization of Possession of Minimal Amounts of Marijuana for Personal Use Act of 2014".http://dcmj.org/ballot-initiative/ Ballot Initiative DCMJ 2015-02-28 The measure was approved by 64.87% of voters on November 4, 2014 and went into full effect on February 26, 2015.https://www.dcboee.org/election_info/election_results/2014/November-4-General-Election/ DC Board Of Elections And Ethics: Election Results 2015-02-25 https://web.archive.org/web/20151220165436/https://www.dcboee.org/election_info/election_results/2014/November-4-General-Election 2015-12-20 dead Davis Aaron C. https://www.washingtonpost.com/local/dc-politics/dc-voters-titling-heavily-toward-legalizing-marijuana-likely-joining-colo-wash/2014/11/04/116e83f8-60fe-11e4-9f3a-7e28799e0549_story.html D.C. voters overwhelmingly support legalizing marijuana, joining Colo., Wash. The Washington Post 2014-11-04 2015-02-28
Due to a congressional mandate, Washington, D.C., is not permitted to establish recreational marijuana dispensaries as outlined in Initiative 71. As such, marijuana is currently legal to possess and use in the District and to gift up to one ounce but not to commercially produce or sell. However, the legalization of gifting up to one ounce of cannabis as outlined in Initiative 71, has created a gift economy, where stores and businesses in D.C. exchange cannabis as a gift with the purchases of items such as t-shirts, stickers etc, which are actually being purchased by customers.https://www.cbc.ca/news/world/free-weed-marijuana-gifting-economy-pot-washington-dc-1.4457664 Green rush, grey market: How free weed is firing up D.C.'s pot 'gifting economy' 17 January 2018 23 January 2022
Creation
In 2010, DC-based headshop Capitol Hemp was one of the largest contributors to the failed Proposition 19, which would have legalized cannabis in California.Aaron Houston https://www.thenation.com/article/budding-prospects-youth-activists-push-marijuana-reform/ Budding Prospects: Youth Activists Push Marijuana Reform The Nation 2010-12-09 2017-05-22 2016-04-21 https://web.archive.org/web/20160421130914/http://www.thenation.com/article/budding-prospects-youth-activists-push-marijuana-reform/ dead The following year in 2011, Capitol Hemp was raided by the Washington, DC Metropolitan Police Department for allegedly selling paraphernalia.Stephanie Meyer http://www.washingtoncitypaper.com/news/city-desk/blog/13064386/d-c-police-raid-capitol-hemp-in-adams-morgan-chinatown D.C. Police Raid Capitol Hemp in Adams Morgan, Chinatown Washington City Paper 2011-10-27 2017-05-22 As required in a deferred prosecution agreement with U.S. Attorneys,Martin Austermuhle http://dcist.com/2012/04/as_part_of_plea_deal_capitol_hemp_t.php Smoked Out: As Part of Agreement With Prosecutors, Capitol Hemp to Close Stores DCist 2012-04-02 2017-05-22 live https://web.archive.org/web/20130626133506/http://dcist.com/2012/04/as_part_of_plea_deal_capitol_hemp_t.php 2013-06-26 owners Adam Eidinger and Alan Amsterdam were forced to shut down the stores in September 2012Mike DeBonis http://www.washingtoncitypaper.com/news/city-desk/blog/13064386/d-c-police-raid-capitol-hemp-in-adams-morgan-chinatown Capitol Hemp in D.C. closes, after police raid in Oct. seized smoking devices Washington Post 2012-09-12 2017-05-22 and decided to start the process to change the law.Clinton Yates https://www.washingtonpost.com/news/local/wp/2015/03/03/from-drug-busts-to-cannabis-conventions-d-c-s-relationship-with-weed-takes-a-leap/ From drug busts to cannabis conventions, D.C.'s relationship with weed takes a leap Washington Post 2015-03-03 2017-05-22
In early 2013, local activists Adam Eidinger, Nikolas Schiller, and Alan Amsterdam formed a skeleton organization "DCMJ" to advocate decriminalization of marijuana in the District.Mike DeBonis https://www.washingtonpost.com/blogs/mike-debonis/wp/2013/04/17/marijuana-policy-groups-kick-off-d-c-legalization-campaign-with-poll/ Marijuana policy groups kick off D.C. legalization campaign with poll The Washington Post 2013-04-17 2016-11-07Most Read https://www.washingtonpost.com/opinions/the-dc-councils-marijuana-club-ban-inadvertently-creates-the-smokeasy/2016/01/11/c3b2ab34-b64d-11e5-8abc-d09392edc612_story.html The D.C. Council's marijuana club ban inadvertently creates the 'smokeasy' The Washington Post 2016-11-07 After seeing no movement from the Council of the District of Columbia, Eidinger submitted initial paperwork for a decriminalization ballot initiative, which was rejected by the Board of Election in September 2013 on technical budgetary grounds.Segraves Mark http://www.nbcwashington.com/news/local/Activists-to-Submit-New-Marijuana-Legalization-Proposal-222414981.html Activists to Submit New Marijuana Legalization Proposal | NBC4 Washington Nbcwashington.com 2013-09-04 2016-11-07 The following month DCMJ solicited online feedback http://dcmj.org/draft-ballot-initiative-please-leave-feedback/ Draft Ballot Initiative - Please Leave Feedback! DCMJ 2013-10-17 2016-11-07 and resubmitted a second version, now strengthened to call for full legalization of marijuana.Mike DeBonis https://www.washingtonpost.com/local/dc-politics/proposed-dc-marijuana-initiative-to-be-reworked-to-address-ags-objections/2013/09/04/a47fd92e-1561-11e3-a2ec-b47e45e6f8ef_story.html The Washington Post The Washington Post 2013-09-04 2016-11-07 In an interview with the Washington Post, Eidinger attributed his inspiration to legalize marijuana to his experiences in the 2011 police raids on his Capitol Hemp retail store, which was forced into closure by the city.Stein Perry https://www.washingtonpost.com/news/local/wp/2015/02/24/top-d-c-pot-activist-plans-to-reopen-capitol-hemp-in-adams-morgan/ Top D.C. pot activist plans to reopen Capitol Hemp in Adams Morgan The Washington Post 2015-02-24 2016-11-07
On January 10, 2014, the DC Cannabis Campaign submitted the final version of the ballot initiative to the District of Columbia Board of Elections. Hearings were held in February and March, and on April 4, 2014, the board finalized the ballot initiative language.http://dcregs.dc.gov/Gateway/NoticeHome.aspx?NoticeID=4827610 Notice ID 4827610: Elections, Board of – Formulation of the short title, summary statement, and legislative text for Initiative No. 71, the "Legalization of Possession of Marijuana for Personal Use Act of 2014.", DC Regulations Dcregs.dc.gov 2014-04-04 2015-02-28 dead https://web.archive.org/web/20150228020448/http://dcregs.dc.gov/Gateway/NoticeHome.aspx?NoticeID=4827610 2015-02-28
Petition gathering
The campaign collected petition signatures from April 23https://www.usnews.com/news/articles/2014/04/23/pot-legalizers-hit-dc-streets-to-secure-november-ballot-spot Pot Legalizers Hit D.C. Streets to Secure November Ballot Spot - US News 2014-05-06 dead https://web.archive.org/web/20140506051224/http://www.usnews.com/news/articles/2014/04/23/pot-legalizers-hit-dc-streets-to-secure-november-ballot-spot 2014-05-06 until the July 7Cohen Matt http://dcist.com/2014/07/marijuana_activists_turn_in_more_th.php Marijuana Activists Turn In More Than 57,000 Signatures For Legalization Effort DCist 2014-07-07 2016-11-07 live https://web.archive.org/web/20170308024111/http://dcist.com/2014/07/marijuana_activists_turn_in_more_th.php 2017-03-08 deadline, ultimately submitting over 55,000 signatures; the District certified 27,688 of the signatures as valid, exceeding the 22,600 requirement.Mike DeBonis https://www.washingtonpost.com/local/dc-politics/dc-voters-to-decide-on-marijuana-use-in-november/2014/08/06/11e15576-1d7a-11e4-ae54-0cfe1f974f8a_story.html D.C. voters to decide on marijuana use in November The Washington Post 2014-08-06 2016-11-07
Intervening decriminalization
While the campaign was preparing its ballot initiative, on March 4, 2014, the Council of the District of Columbia decriminalized possession of cannabis,Davis Aaron C. https://www.washingtonpost.com/local/dc-politics/dc-council-eliminates-jail-time-for-marijuana-possession-stepping-to-national-forefront/2014/03/04/df6fd98c-a32b-11e3-a5fa-55f0c77bf39c_story.html D.C. Council votes to eliminate jail time for marijuana possession The Washington Post 2014-03-05 2015-02-28 which went into effect in July following the mandatory 30-day congressional review period. Medical cannabis had already been legalized in the District by Initiative 59 in 1998, but its implementation was blocked by Congress until 2009, with the first legal sales occurring in 2013.Altieri Erik http://blog.norml.org/2013/07/30/first-medical-marijuana-sale-reported-in-washington-dc/ First Medical Marijuana Sale Reported in Washington, DC | NORML Blog, Marijuana Law Reform Blog.norml.org 2013-07-30 2016-11-07
Election
Throughout 2014, the DC Cannabis Campaign advocated for passage of the measure, while groups such as Two Is Enough D.C. formed to oppose the measure.Weiner Rachel 'Two. Is. Enough. D.C.' forms to oppose marijuana legalization effort in the District https://www.washingtonpost.com/local/dc-politics/two-is-enough-dc-forms-to-oppose-marijuana-legalization-effort-in-the-district/2014/09/17/1d08d792-3dfc-11e4-b0ea-8141703bbf6f_story.html 27 February 2015 Washington Post 17 September 2014
The measure was approved by 64.87% of voters on November 4, 2014. Almost immediately following, Republicans in Congress, and Maryland Representative Andy Harris in particular, vowed to block legalization of cannabis in D.C.Davis Aaron C. https://www.washingtonpost.com/local/dc-politics/house-republican-vows-to-upend-dc-ballot-measure-legalizing-marijuana/2014/11/05/10304f2c-6508-11e4-9fdc-d43b053ecb4d_story.html Legalization limbo in D.C.: Republican congress will have final say on city pot law The Washington Post 2014-11-05 2015-02-28 The ballot results were certified on December 3, 2014.
Initiative 71 115050 49168 177358
Source: DC Board of Elections
Opposition in Congress
In mid-December 2014, Congress passed an omnibus spending bill (nicknamed the "CRomnibus"—a portmanteau of omnibus and continuing resolutionhttp://www.nbcnews.com/politics/barack-obama/obama-signs-1-1-trillion-government-spending-bill-n269731 Obama Signs $1.1 Trillion Government Spending Bill NBC News 2014-12-16 2015-02-28Ezra Klein Ezra Klein https://www.vox.com/2014/12/11/7376585/cromnibus-2015-appropriations-details How to sound smart about the 2015 appropriations bill Vox 2014-12-11 2015-02-28) that ended the federal ban on medical marijuana, but that also included a legislative rider targeted at D.C.'s Initiative 71. The rider's final language barred the use of funds to "enact any law, rule, or regulation to legalize or otherwise reduce penalties associated with the possession, use, or distribution of any schedule I substance under the Controlled Substances Act (21 U.S.C. 801 et seq.) or any tetrahydrocannabinols derivative for recreational purposes."http://thomas.loc.gov/cgi-bin/query/z?c113:H.R.83: Bill Text – 113th Congress (2013-2014) – THOMAS (Library of Congress) Thomas.loc.gov 2015-02-28 2016-07-03 https://web.archive.org/web/20160703183945/http://thomas.loc.gov/cgi-bin/query/z?c113:H.R.83: dead http://www.gpo.gov/fdsys/pkg/BILLS-113hr83enr/pdf/BILLS-113hr83enr.pdf HR 83 www.gpo.gov 2019-07-30 The final language notably solely used the phrase "enact" rather than "enact or carry out." Delegate Eleanor Holmes Norton said that "she was told by Democratic budget negotiators that the omission was made on purpose to give city leaders a chance to argue that in moving forward, the District is only carrying out, and not enacting, the measure."Davis Aaron C. https://www.washingtonpost.com/local/dc-politics/dc-maneuvering-for-marijuana-showdown-with-congress/2014/12/13/5ea4908c-8155-11e4-9f38-95a187e4c1f7_story.html D.C. maneuvering for marijuana showdown with Congress The Washington Post 2014-12-13 2015-02-28 Norton reiterated this point in an Initiative 71 questions and answers section on her House Web site.http://norton.house.gov/initiative71 Frequently Asked Questions on Implementing D.C.'s Marijuana Legalization Initiative | Congresswoman Eleanor Holmes Norton 12 December 2014 Norton.house.gov 2015-02-28
Both Mayor Muriel Bowser and the Council of the District of Columbia took the position that the voter-approved initiative became self-enacting.German Lopez https://www.vox.com/2015/1/14/7548003/dc-council-marijuana-legalization Despite congressional threats, DC Council is definitely moving forward on legal marijuana Vox 2015-01-14 2015-02-2854 days Meet the Press http://www.nbcnews.com/meet-the-press/meet-press-transcript-january-4-2015-n279441 Meet the Press Transcript – January 4, 2015 NBC News 2015-01-04 2015-02-28 On January 13, 2015, D.C. Council Chairman Phil Mendelson sent the measure to Congress for a mandatory 30-day review period,Davis Aaron C. https://www.washingtonpost.com/local/dc-politics/dc-challenges-congress-to-halt-marijuana-legalization-in-nations-capital/2015/01/13/e10134ba-9a71-11e4-bcfb-059ec7a93ddc_story.html D.C. challenges Congress to halt marijuana legalization in nation's capital The Washington Post 2015-02-28 in accordance with the District of Columbia Home Rule Act.
On February 24, 2015, Representatives Jason Chaffetz and Mark Meadows sent a letter to Bowser urging her to not move forward with Initiative 71.Davis Aaron C. https://www.washingtonpost.com/local/dc-politics/dc-mayor-despite-legal-pot-city-will-not-become-like-amsterdam/2015/02/24/c34a4d3a-bb9b-11e4-b274-e5209a3bc9a9_story.html Lawmakers encourage Bowser to reconsider declaring pot legal in D.C. The Washington Post 2015-02-28https://apps.washingtonpost.com/g/documents/local/letter-to-dc-mayor-muriel-bowser-regarding-initiative-71/1427/ Letter to D.C. Mayor Muriel Bowser regarding Initiative 71 – The Washington Post The Washington Post 2015-02-24 2015-02-28 2015-02-27 https://web.archive.org/web/20150227145428/http://apps.washingtonpost.com/g/documents/local/letter-to-dc-mayor-muriel-bowser-regarding-initiative-71/1427/ dead Congressional Republicans, including the omnibus rider author's Andy Harris, threatened prison time for the D.C. mayor and others involved, suggesting that they could be prosecuted by the Justice Department under the Anti-Deficiency Act, which "imposes criminal penalties on government employees who knowingly spend public funds in excess of their appropriated budgets."Mike DeBonis and Aaron C. Davis https://www.washingtonpost.com/local/dc-politics/house-republicans-warn-dc-mayor-not-to-legalize-pot/2015/02/25/2f784a10-bcb0-11e4-bdfa-b8e8f594e6ee_story.html Bowser: Legal pot possession to take effect at midnight in the District The Washington Post 2012-12-14 2015-02-28
Completion
This congressional review period ended at 12:01 a.m. on February 26, 2015, making D.C. then the "only place east of the Mississippi River where people can legally grow and share marijuana in private."Associated Press https://www.washingtonpost.com/national/dc-legalizes-pot-in-capital-despite-threats-from-congress/2015/02/26/60b133a6-bdac-11e4-9dfb-03366e719af8_story.html Pot fight between DC Mayor, Congress could cost the city The Washington Post 2015-02-28 2015-02-27 https://web.archive.org/web/20150227010654/http://www.washingtonpost.com/national/dc-legalizes-pot-in-capital-despite-threats-from-congress/2015/02/26/60b133a6-bdac-11e4-9dfb-03366e719af8_story.html dead D.C. "allows adults 21 and older to possess up to two ounces of marijuana, grow up to six plants, and gift up to one ounce of pot to other adults 21 and older, but sales remain banned", as Washington, D.C.'s ballot initiative process does not allow spending mandates such as commercialization would require.German Lopez https://www.vox.com/2015/2/26/8108105/marijuana-legalization-washington-dc Marijuana is now legal in Washington, D.C.. Here's what you need to know. Vox 2015-02-26 2015-02-28By A.J. Feather https://abcnews.go.com/Politics/weed-people-pot-legalization-washington-dc/story?id=29227305 Weed The People: What You Need to Know About Pot Legalization in Washington, DC - ABC News Abcnews.go.com 2015-02-26 2016-11-07 However the legalization of gifting up to one ounce of cannabis as outlined in Initiative 71 has created a gifting economy in DC, where stores and businesses in DC exchange cannabis as a gift with the purchases of items such as t-shirts, stickers etc, which are actually being purchased by customers.
See also
Cannabis in the District of Columbia
Decriminalization of non-medical cannabis in the United States#State recreational legalization begins (2012)
Legal history of cannabis in the United States#State-level legalization
Timeline of cannabis legalization in the United States#Municipal
References
Category:2014 cannabis law reform
Category:2014 in Washington, D.C.
Category:Cannabis ballot measures in the United States
Category:Cannabis law in the District of Columbia
Category:Political history of Washington, D.C.