Pubdate: Mon, 19 Jan 2015
Source: Washington Times (DC)
Copyright: 2015 The Washington Times, LLC.
Contact:  http://www.washingtontimes.com/
Details: http://www.mapinc.org/media/492
Author: Andrea Noble

COUNCIL SETS UP POT BILL HEARINGS

Move to Gauge How Lawmakers Challenge Congress

The D.C. Council is pursuing a regulatory scheme for the sale and 
taxation of marijuana, scheduling hearings on proposed legislation 
that flies in the face of congressional attempts to prevent the 
District from loosening its drug laws.

City officials say council committees expect to begin hearings on the 
bill in early February - a move that will gauge how far D.C. 
lawmakers are willing to challenge Congress on the issue.

D.C. Council Chairman Phil Mendelson said the council should be in 
the clear to hold public meetings on the proposed legislation, which 
would codify regulations regarding marijuana that were not included 
in a voter-approved ballot initiative.

"All we're talking about is a hearing," Mr. Mendelson said. "I don't 
think that's inappropriate. And I think trying to muffle public 
discussion would implicate constitutional issues. It would be bad 
public policy."

The District is still wrangling with Republican members of Congress 
over the fate the city's marijuana legalization initiative, which 
seven out of 10 voters supported at the ballot box in November. 
Congress passed a spending bill in December that blocks the District 
from spending money to "enact any law, rule, or regulation to 
legalize or otherwise reduce penalties associated with the 
possession" of any schedule 1 drugs. City lawmakers have taken the 
legal stance that Initiative 71 was self-executing and took effect 
when voters approved it - well ahead of the adoption of the spending 
bill by Congress.

Enacting new laws regarding marijuana in the time since the spending 
bill was passed is different territory, leaving in question at what 
point city lawmakers would run afoul of the restrictions approved in 
the congressional budget package.

The federal lawmaker who included the language blocking marijuana 
legalization in the federal spending bill doesn't have a firm stance 
on how far through the legislative process D.C. lawmakers would 
legally be allowed to go.

"We haven't thought in real detail about it," said Chris Meekins, 
spokesman for Rep. Andy Harris, Maryland Republican. "One could argue 
that taking steps toward enacting would not be allowed."

City lawmakers would like to be able to adopt additional laws 
regarding marijuana legalization because language in the approved 
ballot initiative leaves several loopholes. While the ballot 
initiative makes it legal to possess up to 2 ounces of marijuana and 
for D.C. residents to grow up to six marijuana plants in their homes, 
it does not legalize the sale of marijuana or set up any type of laws 
to govern sales. Without a regulatory structure, the District would 
not be able to collect taxes on what is expected to be a highly 
profitable industry.

The city's ballot initiative is currently under a 30-day 
congressional review period - a standard for all D.C. laws - so 
Congress and the District have some time before they get into any 
legal tussles over Initiative 71.

The initiative is currently projected to become law on Feb. 26 and 
Mr. Meekins said as that 30-day period winds down, Mr. Harris' office 
will likely develop a more definitive stance on other legal issues.

Others believe that the D.C. Council should be able to go through the 
entire legislative process, up until a final vote on the matter, 
before they run afoul of the law.
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MAP posted-by: Jay Bergstrom