A rider was included in the final version of the House omnibus appropriations bill with the intent blocking the implementation of Washington, DC’s 2014 marijuana legalization initiative.
As written, the rider seeks to restrict the District from utilizing federal or local funds to “to enact or carry out 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.” A summary of the provision posted on the House Appropriations Committee website acknowledges that the language is intended to prevent any funds from being used to “implement a referendum legalizing recreational marijuana use in the District.”
Washington DC’s Initiative 71 was approved by over 70 percent of District voters in November. The initiative seeks to legalize the adult possession of up to two ounces of marijuana and cultivation of three mature and three immature plants.
“This rider is an affront to the concept of democracy,” commented NORML Communications Director Erik Altieri, “Seven out of ten voters in Washington, DC cast their ballot in favor of ending prohibition and legalizing the adult possession and limited cultivation of marijuana, this attempt by members of Congress to flout the will of the people is a gross injustice to these voters and to the democratic system.”
The House will vote on the final version of the omnibus bill in the next couple days and then it must be approved by the Senate. This rider has no impact on the District’s current decriminalization or medicinal marijuana policies. NORML will keep you updated as the situation develops and what precisely this means for legalization in the nation’s capital.
Further coverage regarding this rider and its potential impact on the District is available from the Washington Post, Roll Call, and CNN.
I published this here before, but to save you from scrolling around here is the spending bill in pertinent part:
SEC. 809. (a) None of the Federal funds contained in this Act may be used to enact or carry out 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.
(b) None of the funds contained in this Act may be used 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.
At first, the two paragraphs sound so similar they seem redundant. But there are important differences and the more I read them the more I believe that Del. Eleanor Holmes Norton’s view of the Act is based on a lot more than just wishful thinking. To whit:
1. 809(a) specifies “[n]one of the Federal funds” while 809(b) just says “None of the funds” contained in the Act.
2. 809(a) says “used to enact or carry out” while 809(b) says “used to enact”.
3. 809(b) specifies “for recreational purposes” while 809(a) does not specify which purposes are in scope.
From #1 one can infer that the bill contains locally derived as well as federal funds but only federal funds apply to 809(a). Basically federal funds cannot be used at all to further the liberalization of cannabis laws in the District.
Although local funds can be used to enact or carry out cannabis laws that are not for recreational purposes as per (a), as per (b) no District funds can be used to enact recreational cannabis legislation (#3). However local District funds can still be used to carry out recreational cannabis legislation that is already enacted (#2). This would apparently include carrying out the decriminalization bill as well as carrying out Initiative 71. However the District council can not enact additional legislation to establish a tax and regulatory framework for legal sales until the bill expires in September or possibly (much) longer.
Since Initiative 71 was approved by voters I believe Homes Norton is correct to say that the law is enacted. The law must now be submitted to Congress for their review and if they pass a resolution rejecting the law (and if Obama signs it) then according to the US Constitution Initiative 71 will be deemed repealed. So one could convincingly argue (and I believe convince an court) that the remaining work to transmit the bill to Congress and to then implement it are all part of carrying it out, which can be legally done (but only with the District’s local funds).
Not only is this interpretation consistent with what some congressional aides were leaking to the press early in the week of Dec 8 but it is also the only explanation I can think of for even having both of these two similarly worded paragraphs in the first place.
The Overlords have spoken. You can vote if you want to, but it is we, who decide. And we say yes, no, maybe. What do you guys expect ? We’re politicians! You should all know by now, that we never commit to anything ! Ambiguity, it’s just how we do things. Let the courts fix it!
Rider refers to “scedule one drugs”. Efforts should be made to have marijuana rescheduled!
Galileo Galilei says:
December 13, 2014 at 7:44 am
I see no reason NOT to primarily blame Republicans. They are the people STILL unabashedly pushing prohibition, as Dr Harris amply demonstrates.
How in the world do you think Democrats are going to end prohibition with the ‘snap of a finger’?
=========
How? Obama could reschedule based on medical uses. He could also follow the rest of the science and take it off the schedule altogether. I guess he is not into science. Or the practice of medicine in the USA in 2014.
“Its the Koch sponsored Tea Party that will try to oppose legalization”
The Koch Bros support legalization through the Reason Foundation.
In addition Rand Paul is Tea Party.
Well THAT sucked. The spending bill passed with a 54 majority in the Senate. D.C.s voter iniative isn’t lost, only repressed at the Federal level, and stands as a Trademark of anti-Democratic oppression. Then increased caps on campaign spending? Now Democrats arent even Democratic? Did anyone in the Senate even READ this bill?
1 American Democracy: Purchased by a few billionaires and sold by the American people who decided to stay home and not vote.
@Dusty Relic,
Excellent analysis;
@NORML
Can we crowd source to provide D.C. the local funding to provide the tax laws and local infrastructure to enact their marijuana voter initiative? If possible, what kind of figures would we be looking at as a goal?
The language of the bill appears to restrict federal funding, but does not go do far as preventing the law from existing.
This is slightly off subject but it goes into the whole rhythm of “What is a Democracy” and the age old question of how to effectively “promote” it;
Here’s an idea: If U.S. A.I.D. is really about strengthening Democracy then instead of overturning Latin American Democracies by ousting Democratically elected leaders and funding civil drug wars for the exploitation of large international corporations, or instead of using more of our tax dollars to fund rap groups in Cuba to pull another fake overthrow their government (sigh… It worked in Serbia because they couldn’t control their borders… You dingbats)… Why not work to get the money OUT of politics and legally regulate marijuana? After all, that is the WILL of the people, hence; Democracy. (And by “will” i do mean “desire” and not a living testament…)
Whats that A.I.D.? Why not? Ooh.. Because you’re just another corporately purchased privately contracting government agency that uses our tax dollars to exploit the poor and feed the wealthy in a faux-Democracy our Congressman have sold into a fundraising Plutocracy? Oh, that’s right… And because less than a third of the U.S. Population actually voted.
Question: Are there ANY clean agencies in the DOJ that actually work in the interests of the majority of Americans? (Let’s not even start with the CIA… Wait… Still thinking… Researching… Yeaah… I’ll get back to ya’ll on that one…
The only highlight of this decrepit spending bill was how anti-Democratic Ted Cruz made a fool of himself trying to hold up the bill for all the wrong reasons… Over Obama’s immigration reform? Really? Ill tell you what it did to this family in the state of Texas… It inspired my wife, who is a legal resident, to apply for citizenship this winter before February cuts in spending to the Department of Homeland Security, just so she can vote for Julian Castro in 2016. (I really hope and pray he runs independently from Hillary. Making him VP will boost her votes but lower his; Hilary is trying to talk the talk on the drug war but has yet to walk the walk… )
Well, here it is America; if every eligible American voter gets out and votes on 2016 we can take our Democracy back. That is, unless, you would like Ted Cruz to be our next president…( He looks like a greasy used car salesman crossed with some Dogma-peddling faux-evangelist)
Meanwhile President Obama, NORML is going to have to buy you a fat VETO pen to get through the next two years. Keep those executive orders comin!
Thanks
@Dusty Relic
Thanks for posting that I was curious as to how the Eleanor Holmes Norton’s idea was doing. Sounds like it’s alive and well.
“An unregulated black market will arise with no law enforcement to stop it. The situation in New York created the Five Families crimial organization structure. DC may become a version of what New York City was in the 1923-1933 period with new criminal organizations arising. Be warned!”
Yeah, That is the Rebublican plan. More crimes, less regulations. I see now that Rebubs hate law *and* order. They see the law in a disordered way and so if the law itself isn’t disordered, well how can they support it? If a law can be written in such a way as to have a positive effect, Rebubs reflexively oppose, immediately and without thought. Just like the libtards that can’t stop asking for higher taxes, fines and useless regulations… The Rebubs can’t stop looking for ways to make the government less effective, cost more and hurt more people.
Paying people $900/hour to build fences in the desert is an examle of governmental retardation.
Losers cheat.
“And because less than a third of the U.S. Population actually voted.”
Oh well, it is rather difficult to attract voters when there isn’t anything other than Democrats and Republicans to vote for… Niether of those parties represent a half of a majority of voters, so when that is all to vote for, less than half of the country will show up on voting day. If you have no one to vote for, and there are no direct laws on the ballot, why you should vote anyway?
Especially when we have dicks like anti-science Andy Harris making sure his party will not get votes or respect. Literally 90% of the country thinks he is being a dick, but he thinks he is standing up for what is right. People explain over and over and he doesn’t understand, the clueless fool thinks he is teaching us about marijuana. Really, this dumbass Andy Harris needs to go back to school and learn something; that is if his learning impairments don’t get in the way.
Rush Holt is right, our leaders are leading us away from democracy, but why he says he still supports the system is because he is a Democrat. Rush says, ““Congress, even with its frustrations, is the greatest instrument for justice and human welfare in the world.”
What a crock of shit! Stop drinking the coolaid Rush, you’re starting to sound mentally deficient. No one even wants to vote for these cretins. You have to be crazy to listen a liar, give them support so they can and will stab you in the back later on. Take that dick Bill Clinton. Everyone says he a great President (everyone that slept thru his disaster of a Presidency anyway). Just look, people still believe that bullshit that Bill Clinton is a good guy. He is a backstabbing peice of shit that signed civil forfiture laws making the War on Drug that much more about waging War on Americans. I wish we could get George Bush and Bill Clinton ajoining cells in prison for their crimes. Both of these goons had a knack for dropping bombs on innocents and passing the buck.
Dave Evans says:
December 15, 2014 at 11:15 pm
“Especially when we have dicks like anti-science Andy Harris making sure his party will not get votes or respect.”
Let us not forget our anti-science President who could reschedule today on any number of grounds.
Like this one: Cannabis cures cancer. Cancer kills 586,000 Americans every year. Every Prohibitionist is complicit in mass murder.
Why not work to get the money OUT of politics and legally regulate marijuana?
Getting money out of politics will be written in such a way that the people can’t raise money to influence voters. The Law of unintended consequences.
And cannabis regulations will be written to hurt the little guy. No more regulated than tomatoes.
@MSimon
“How? Obama could reschedule based on medical uses. He could also follow the rest of the science and take it off the schedule altogether. I guess he is not into science. Or the practice of medicine in the USA in 2014.”
So Obama is supposed to do it single-handedly by decree, all by himself. This is NOT going to happen. The reality is, if you’re pro-NORML you would be unwise to vote Republican, the GOP is the party of prohibition, as Dr Harris vividly demonstrates. Dr Harris should be encouraging Obama to do what you say, if Obama indeed has the power to do as you suggest.
Give us a reason to vote Republican. I certainly do NOT believe the Koch brothers are pro reform. The GOP is the anti-science party. Reagan and Bush 2.0 declared that the door was still open on evolution. Climate change is a hoax perpetuated by a vast multilingual conspiracy of scientists. I would expect them to ignore the science behind medical marijuana, and they have.
Msimon, Obama has been using science on greater level than any previous administration. He just doesn’t want to legalize marijuana because him and all his buddies are part of the system making money off the War on Drugs like everyone the runs for high office. He will not void illegally applied punishments across the board. Instead, every single person has to apply for consideration via a lawyer. This is a lot more money for Democrats and Republicans and their friends. There are a lot of things Obama could do, but these lunatics will try to imprison him. Think about how often you’ve heard about impeaching Obama and they are still looking for a reason…
It is like his is trying to teach these old dogs new tricks instead of just saying, “Okay, from now on we will be adhering to the constitution”.
Dave Evans says:
December 16, 2014 at 8:43 pm
None the less Prohibition could be ended with the stroke of a pen. Based strictly on science. And not only that. The science has the support of the American public – 78% of them. It is not publicly controversial like some other science topics. More people believe in UFOs than in the Prohibition Of Medical Cannabis.
Your opinion is that it is political opposition. My belief is political opportunism. The Democrats want to make it an issue in 2016. If it wasn’t for the people dying from cancer (one a minute) I’d give that calculation a pass.
Galileo Galilei says:
December 16, 2014 at 6:53 pm
He has done other more controversial things by decree. Things with much less support than Medical Cannabis. Which has 78% support nationally.
And the law is written in such a way that it is the responsibility of the executive to determine which schedule a drug belongs in.
I stopped making heroes of either Party or any President some time ago. But I’m a fan of actual small government. Not a popular position to be sure. But it does make me your ally in the matter of Prohibition.
Gordian Knots that become this purposely entangled can only ever be severed by removing cannabis from the Controlled Substances Schedule…or…bring these convoluted, contradictory, asinine “laws” before our Courts for the duration of our foreseeable future?…round and round and round we go… where we stop?…Where and when would common sense dictate?…?
Instead what awaited the boys was a gang of Colbert County youths
led by Bobby Stewart.
I keep in mind being the shortest on the bubble and chipped up during the
bubble.