5426585 Resolution 21-48, Marijuana Possession Decriminalization Clarification Emergency Declaration Resolution of 2015

A RESOLUTION

 

21-48

 

IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

 

March 3, 2015

 

 

To declare the existence of an emergency 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 2015”.

 

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; D.C. Official Code § 48-911.01).

            (b) Although the Marijuana Possession Decriminalization Amendment Act of 2014 decriminalizes 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; D.C. Official Code § 48-904 et seq.), 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, it is necessary 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.

(f) It is also necessary to amend 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.

 

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 2015 be adopted after a single reading.

 

            Sec.  4.  This resolution shall take effect immediately.