5853870 Resolution 21-365, Marijuana Possession Decriminalization Clarification Emergency Declaration Resolution of 2016

A RESOLUTION

                                                        

21-365

 

IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

 

January 5, 2016        

 

           

To declare the existence of an emergency, due to congressional review, with respect to the need to amend the Marijuana Possession Decriminalization Amendment Act of 2014 to clarify that, for the purposes of the act, a private club is a place to which the public is invited, but does not include a private residence, and that the prohibition on consumption of marijuana in public is not limited by the Legalization of Possession of Minimal Amounts of Marijuana for Personal Use Initiative of 2014; and to amend Chapter 28 of Title 47 of the District of Columbia Official Code to require the Mayor to revoke any certificate of occupancy or permit held by an entity that knowingly permits a violation of section 301(a) of the Marijuana Possession Decriminalization Amendment Act of 2014 to occur at the specific address or unit identified in the certificate of occupancy or permit.

 

RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this resolution may be cited as the “Marijuana Possession Decriminalization Clarification Emergency Declaration Resolution of 2016”.

 

Sec. 2. (a) On March 4, 2014, the Council of the District of Columbia enacted the Marijuana Possession Decriminalization Amendment Act of 2014, effective July 17, 2014 (D.C. Law 20-126; 61 DCR 3482).

            (b) Although the Marijuana Possession Decriminalization Amendment Act of 2014 decriminalizes the possession or transfer of one or fewer ounces of marijuana, it also makes plain that consumption of marijuana in a public space, which includes any place to which the public is invited, remains subject to criminal penalties.

            (c) On November 4, 2014, District of Columbia voters approved the Legalization of Possession of Minimal Amounts of Marijuana for Personal Use Initiative of 2014, effective February 26, 2015 (D.C. Law 20-153;62 DCR 880), which legalizes the possession and use of 2 or fewer ounces of marijuana under certain circumstances. 

            (d) When applied together, the Legalization of Possession of Minimal Amounts of Marijuana for Personal Use Initiative of 2014 and the Marijuana Possession Decriminalization Amendment Act of 2014 continue to prohibit consumption of marijuana in a public space, including any place to which the public is invited.  The measures do not further define a place to which the public is invited.  Consequently, it is unclear whether a private club is a place to which the public is invited.

            (e) In order to address whether marijuana consumption is permitted in a private club, on March 3, 2015, the Council approved the Marijuana Decriminalization Clarification Emergency Amendment Act of 2015, effective March 26, 2015 (D.C. Act 21-0019; 62 DCR 3857), and the Marijuana Decriminalization Clarification Temporary Amendment Act of 2015, effective June 4, 2015 (D.C. Law 21-0011; 62 DCR 4717), to clarify that, for the purposes of the act, a private club is a place to which the public is invited, but does not include a private residence, and that the prohibition on consumption of marijuana in public is not limited by the Legalization of Possession of Minimal Amounts of Marijuana for Personal Use Initiative of 2014.

(f) The emergency and temporary legislation additionally amended Chapter 28 of Title 47 of the District of Columbia Official Code to require the Mayor to revoke any license, certificate of occupancy, or permit held by an entity that knowingly permits a violation of section 301(a) of the Marijuana Possession Decriminalization Amendment Act of 2014 to occur at the specific address or unit identified in the license, certificate of occupancy, or permit.

(g) The Committee on the Judiciary held a public hearing on the permanent version of the legislation, Bill 21-107, on December 10, 2015, but the temporary legislation will expire on January 15, 2016, before the permanent version will be marked up by the Committee.

(h) In order to prevent a gap in the law, the Council must now pass this emergency and temporary legislation.

 

Sec. 3.  The Council of the District of Columbia determines that the circumstances enumerated in section 2 constitute emergency circumstances making it necessary that the Marijuana Possession Decriminalization Clarification Emergency Amendment Act of 2016 be adopted after a single reading.

 

            Sec.  4.  This resolution shall take effect immediately.