Pubdate: Thu, 16 May 2013
Source: Washington Post (DC)
Copyright: 2013 The Washington Post Company
Contact: http://mapinc.org/url/mUgeOPdZ
Website: http://www.washingtonpost.com/
Details: http://www.mapinc.org/media/491
Author: Tim Craig

2 ON COUNCIL HOPE TO DECRIMINALIZE POT

Barry, Wells Want to Help Those Caught With Small Amounts

Some D.C. Council members are crafting legislation to lessen the 
penalties for marijuana possession, hoping to settle the matter 
before outside groups petition the issue onto the ballot.

Marion Barry (D-Ward 8) and Tommy Wells (D-Ward 6) - who as chairman 
of the Judiciary and Public Safety Committee would shepherd the 
legislation - are formulating a proposal to eliminate criminal 
penalties for those caught with small amounts of cannabis or subject 
offenders to fines.

"Absolutely, it's time we look at decriminalization of marijuana in 
the District of Columbia," said Wells, who is running for mayor next 
year. "It's time we enter the 21st century and stop criminalizing 
people . . . for what is not really a major crime."

Wells and Barry said they will introduce a bill as early as this 
summer. Meanwhile, Anita Bonds (D-At Large) also is considering a 
measure to decriminalize marijuana or reduce penalties for 
possession. The initiatives would be debated by Wells's committee.

Although there appears to be council support for a debate, those who 
support decriminalizing pot face considerable obstacles, including a 
skeptical council chairman, Phil Mendelson (D).

"I don't think it's the right time," said Mendelson, who noted that 
Congress has blocked similar efforts in the District. "I don't think 
decriminalization of marijuana will go over easily with Congress."

But advocates say they think that there is growing momentum in the 
District and across the nation to change drug laws. On Monday, the 
Vermont Legislature voted to decriminalize up to an ounce of 
marijuana, joining more than a dozen states to remove the threat of 
jail for possession. Colorado is preparing to tax the sale of marijuana.

Steve Fox of the Marijuana Policy Project said advocates may seek a 
referendum on the matter in the District as early as November 2014. A 
recent poll of District voters commissioned by the group and the Drug 
Policy Alliance, which support decriminalizing marijuana, found broad 
backing for decriminalizing or legalizing the drug.

But Barry, who first supported marijuana decriminalization as mayor 
in the 1980s, said he would prefer that the council, instead of 
voters, decide the matter.

He said too many young African Americans get criminal records because 
of small amounts of marijuana possession. "These council members 
ought to stand up, and I think they will, on behalf of their 
constituency, who suffers mightily from this archaic situation," said 
Barry, who was arrested for cocaine possession in 1990 while mayor.

Barry said he and Wells hope to get "six or seven" council members to 
co-sponsor a measure. On Wednesday, David Grosso (I-At Large) pledged 
his support but added that he wants to broaden the discussion to 
include legalization.

"The people on the streets dealing are the nonviolent drug offenders 
who are going to jail for dealing drugs," said Grosso, who at age 22 
was arrested in 1993 in Florida for having marijuana. "I think that 
is a serious problem."

Vincent B. Orange (D-At Large) compared the marijuana debate to the 
ongoing debate over regulating food trucks. "It's just something we 
are going to have to address," said Orange, who is undecided on 
decriminalization.

Mendelson, however, said the issue should be decided by voters 
instead of the council to avoid congressional scrutiny. "As a matter 
of strategy, an initiative might be a better way to go, 
strategically, because then you have all the voters speaking," he said.

Under city law, possession of up to half a pound of marijuana is 
punishable by up to 180 days in jail and a $1,000 fine on a first offense.

Most first-time offenders are sentenced to community service and are 
eligible to have their records expunged. But Paul Zukerberg, a lawyer 
who specializes in marijuana cases, said many offenders get criminal 
records because they lack the resources to get their records expunged.

Zukerberg, who unsuccessfully ran for the council on a 
decriminalization platform, said thousands of people cannot find work 
because of criminal records.

"You have to aggressively go after it to have the charge removed," he 
said. "And, as a practical matter, once your name is in a public 
database for a number of years, to try to go back and erase it is futile."

Regardless of what happens on the council, Wells's decision to push 
for decriminalization means the issue will most probably become part 
of the mayoral race.

Mayor Vincent C. Gray, who has yet to announce whether he will seek 
reelection, has said the city should fully implement the medical 
marijuana law before considering decriminalization.

Muriel Bowser (D-Ward 4), a candidate for mayor, said she's 
considering her response but also thinks the city should stay focused 
on its medical marijuana program.

"I think the notion about the concern of the number of people in our 
criminal-justice system because of minor drug offenses warrants 
looking at," said Bowser, who is also on the judiciary committee. 
"But I am not prepared to say we need to go another step."
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MAP posted-by: Jay Bergstrom