5978224 Resolution 21-443, Marijuana Possession Decriminalization Clarification Congressional Review Emergency Declaration Resolution of 2016  

  • A RESOLUTION

                                                            

    21-443

     

    IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

     

    April 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 establish a private club task force to provide a report making recommendations regarding the licensing and operation of venues at which marijuana may be consumed within the parameters of 401(a)(1) of the District of Columbia Uniform Controlled Substances Act of 1981; and 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.

     

     

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

     

    Sec. 2. (a) On January 5, 2016, the Council of the District of Columbia passed the Marijuana Possession Decriminalization Clarification Emergency Amendment Act of 2016, effective January 14, 2016 (D.C. Act 21-0273; 63 DCR 801). This emergency legislation will expire on April 13, 2016.

    (b) On February 2, 2016, the Council passed the Marijuana Possession Decriminalization Clarification Temporary Amendment Act of 2016, enacted on February 18, 2016 (D.C. Act 21-0319; 63 DCR 2211), which is pending congressional review. The temporary legislation’s projected law date is April 29, 2016.

    (c) In order to prevent a gap in the law between the expiration of the emergency legislation and the temporary legislation taking effect, it is now necessary to pass congressional review emergency 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 Congressional Review Emergency Amendment Act of 2016 be adopted after a single reading.

     

                Sec.  4.  This resolution shall take effect immediately.