Pubdate: Sat, 10 May 2014
Source: New York Times (NY)
Copyright: 2014 The New York Times Company
Website: http://www.nytimes.com/
Details: http://www.mapinc.org/media/298
Author: David S. Joachim

REVIEW OF MARIJUANA LAW EXPOSES LIST OF CONFLICTS BETWEEN JURISDICTIONS

WASHINGTON - If Congress allows a District of Columbia law to take
effect that would decriminalize the possession of small amounts of
marijuana, and someone with one foot on the National Mall and another
foot on city property is caught carrying the drug, would that person
be charged with a crime under federal law?

That was just one of the questions raised in a congressional hearing
on Friday examining the potential complications of relaxing marijuana
laws in a city controlled by Congress and policed both by federal and
local law enforcement agencies.

The hearing, held by a House oversight subcommittee, included
testimony from senior officers of the Metropolitan Police Department
and the United States Park Police, as well as from representatives of
the Justice Department and the American Civil Liberties Union.

"Decriminalizing marijuana may help reduce the number of people with
arrest records for possession of small amounts of marijuana, said
Peter Newsham, the district's assistant chief of police, "which may
enable them to more easily find gainful employment."

The measure would make possession of an ounce or less of marijuana a
civil offense subject to a $25 fine. Today, the same offense is a
misdemeanor with potential jail time and a fine of up to $1,000.

The bill passed in a 10-to-1 vote by the City Council on March 4.
Mayor Vincent C. Gray, a Democrat, signed the bill a few weeks later.
The city acted after recent studies by civil rights groups showed that
roughly 90 percent of those arrested for possession in the district
were black. Mr. Gray did not attend Friday's congressional hearing.
"The mayor doesn't think they should be having a hearing strictly on
the District of Columbia," his spokesman, Pedro Ribeiro, said.

Seventeen states have decriminalized marijuana to some degree, and 21
states and the District of Columbia have approved marijuana for
medical use. Two states, Colorado and Washington, have legalized and
begun regulating the drug for recreational use.

The hearing was the third on the deepening conflicts caused by
differences in federal and local marijuana laws, but it was the only
one focused on legislation in one local government.

Eleanor Holmes Norton, the district's nonvoting delegate in the House,
said it was inappropriate for the committee to question a local law
approved overwhelmingly by elected representatives.

"This is the first time that I can remember that there has been a
hearing in Congress on a purely local matter," Ms. Norton testified.

The committee's chairman, Representative John Mica, Republican of
Florida, listed several reasons the committee was taking up the issue.
Federal land makes up more than 20 percent of the district, he said,
and the city is patrolled by numerous federal law enforcement officers
in addition to the local police. He said the committee also had a
responsibility to the millions of American tourists who flock to the
city every year.

Mr. Mica pointed out that under a 1973 law, Congress has the authority
to review laws passed by the city government for 60 congressional
business days.

"I'm not here to negate the district law," he said, adding that "no
decision has been made on whether Congress will attempt to overturn
the law that has been passed."

The hearing had some light moments. At one point, Mr. Mica held up a
mock marijuana cigarette to make a point that an ounce of marijuana is
equivalent to about 20 cigarettes.

"Did you roll that?" a member of the panel asked.

"No, I had staff do it," Mr. Mica said, drawing laughter. "They have
more experience."

Unless both chambers of Congress act to stop the District of Columbia
law, it will take effect in mid-July.

For now, the hearing appears to have done little to clear up potential
conflicts between district and federal law.

Asked if that hypothetical person carrying marijuana on both federal
and city land would be arrested under the new law, the acting chief of
the United States Park Police, Robert MacLean, said yes. Mr. Newsham,
the assistant chief of the city force, said no.
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MAP posted-by: Matt