4482193 Elections, Board of - Notice of Hearing to Review Initiative Measure, "Decriminalization of Possession of Minimal Amounts of Marijuana for Personal Use Act of 2014"
-
BOARD OF ELECTIONS
NOTICE OF PUBLIC HEARING
RECEIPT AND INTENT TO REVIEW INITIATIVE MEASURE
The Board of Elections shall consider in a public hearing whether the proposed measure “Decriminalization of Possession of Minimal Amounts of Marijuana for Personal Use Act of 2014” is a proper subject matter for initiative, at the Board’s Meeting on Wednesday, September 4, 2013 at 10:30am., One Judiciary Square, 441 4th Street, N.W., Suite 280, Washington DC.
The Board requests that written memoranda be submitted for the record no later than 4:00 p.m., Thursday, August 29, 2013 to the Board of Elections, General Counsel’s Office, One Judiciary Square, 441 4th Street, N.W., Suite 270, Washington, D.C. 20001.
Each individual or representative of an organization who wishes to present testimony at the public hearing is requested to furnish his or her name, address, telephone number and name of the organization represented (if any) by calling the General Counsel’s office at 727-2194 no later than Friday, August 30, 2013 at 4:00 p.m.
The Short Title, Summary Statement and Legislative Text of the proposed initiative read as follows:
SHORT TITLE
Decriminalization of Possession of Minimal Amounts of Marijuana for
Personal Use Act of 2014
SUMMARY STATEMENT
This initiative would make possession of under two ounces of marijuana for personal use, or a person’s cultivation in their home of no more than three cannabis plants, a civil offense rather than a criminal offense; provide for imposition of civil fines; provide mandatory drug awareness education for minors committing the civil offense; and would prohibit any District of Columbia government agency from denying any opportunity or benefit based on such civil violation.
LEGISLATIVE TEXT
BE IT ENACTED BY THE ELECTORS OF THE DISTRICT OF COLUMBIA,That this act may be cited as the “Decriminalization of Possession of Minimal Amounts of Marijuana for Personal Use Act of 2014.”
--D.C. Code §48-904.01--
1. Section 401of the District of Columbia Uniform Controlled Substances Act of 1981, effective August 5, 1981 (D.C. Law 4-29; D.C. Official Code §48-904.01), is amended as follows:
(a) Subsection (a)(1) is amended to read as follows:“(a)(1) Except as authorized by this chapter or Chapter 16B or Title 7, it is unlawful for any person knowingly or intentionally to manufacture distribute or possess with intent to manufacture or distribute, a controlled substance. Notwithstanding any provision of this section to the contrary, it shall not be a violation of this section for any person to possess marijuana weighing less than two ounces or to possess or grow no more than three cannabis plants, whether or not mature, within such person’s place of residence or to possess within such place the marijuana produced by such plants.”
(b) Subsection (d) is amended to read as follows:“(d) (1) It is unlawful for any person knowingly on intentionally to possess a controlled substance unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of his or her professional practice, or except as otherwise authorized by this chapter or chapter 16B of Title 7. Except as provided in paragraphs (2) or (3) of this subsection, any person who violates this subsection is guilty of a misdemeanor and upon conviction may be imprisoned for not more than 180 days, fined not more than $1,000 or both.
“(2) Any person who violates this subsection by knowingly or intentionally possessing the abusive drug phencyclidine in liquid form is guilty of a felony and, upon conviction, may be imprisoned for not more than 3 years, fined not more than $3,000 or both.
“(3) A person 18 years of age or older who possesses usable marijuana weighing less than two ounces, or who possesses or grows no more than three cannabis plants, whether or not mature, within such person’s principal place of residence or possesses within such place the marijuana produced by such plants shall not be guilty of any criminal offense . Such a person commits a civil violation for which a civil penalty of (i) $25 shall be imposed for possession usable marijuana weighing less than one-half ounce; (ii) $50 for possession of usable marijuana weighing one-half ounce or more but less than one ounce; and (iii) $100 for possession of usable marijuana weighing more than one ounce but less than two ounces; or for possession or growing of no more than three cannabis plants, whether or not mature, within such person’s place of residence or possession within such place of the marijuana produced by such plants. The civil penalties incurred pursuant to this paragraph shall be imposed by the Alcoholic Beverage Regulation Administration pursuant to section 25-801.
“(4) A person under the age of 18 who possesses usable marijuana weighing less than two ounces, or who possesses or grows no more than three cannabis plants, whether or not mature, within such person’s principal place of residence or possesses within such place the marijuana produced by such plants shall not be guilty of any criminal offense . Such a person shall be subject to the civil penalties set forth in subparagraph 3 of this subsection and shall also be required to attend a drug awareness program. The parents or legal guardian of any such person under the age of 18 shall be notified by the Alcoholic Beverage Regulation Administration of the civil violation and availability of a drug awareness program. The program must be made available without cost and must provide at least three (3) hours of group discussion or instruction based on science and evidence-based principles and practices specific to the use and abuse of cannabis, alcohol and other controlled substances.
--D.C. Code Title 5, Chapter I, Subchapter VIII--
3. That Subchapter VIII of Chapter I of Title 5 of the District of Columbia Code is hereby amended by adding to the end thereof the following new section 5-115.08 to read as follows:
“5.115.08. Limits on powers of arrest with respect to cannabis.(a) Notwithstanding any other provision of this Chapter, no officer or member of the Metropolitan Police Department shall have the authority to arrest or detain any person for possession of marijuana weighing less than two ounces ounce or for possession or growing of no more than three cannabis plants, whether or not mature, within such person’s place of residence or for possession within such place of the marijuana produced by such plants.
“(b) Notwithstanding the provisions of subsection (a), whoever, being in possession of an identification card, license or other form of identification issued by the District or any other governmental agency or instrumentality, who fails to produce the same upon request of a law enforcement officer (as defined in section 22-405(a) who informs such person that he or she has been found in possession for which civil penalties may be imposed under section 48-904.01(d)(3) or (d)(4), or who fails or refuses truthfully to provide his or her name, address and date of birth to such law enforcement officer upon request, shall be guilty of the offense described in section 22-405(b) and shall be subject to arrest for such offense.
“(c) No record of or reference to any civil violation described in section 48-904.01(d)(3) or (d)(4) may be included in any criminal history of any person or included in any criminal background check of any person, as those terms as used anywhere in this Code.”
--D.C. Code §48-921.02—
4. Section 14 of An Act to regulate the manufacturing, dispensing, selling, and possession of narcotic drugs in the District of Columbia, approved June 20, 1938 (52 Stat. 792; D.C. Official Code § 48–921.02), is amended as follows: Subsection (a) is amended to read as follows: “(a) A search warrant may be issued by any judge of the superior Court of District of Columbia or by a United States Magistrate for the District of Columbia when any controlled substances are manufactured, possessed (except for possession of marijuana weighing less than two ouncesor for possession or growing of no more than three cannabis plants, whether or not mature, within such person’s principal place of residence or possession within such place the marijuana produced by such plants) controlled, sold, prescribed, administered, dispensed or compounded in violation of the provisions of the District of Columbia Uniform Controlled Substances Act of 1981, and any such controlled substances and any other property designed for use in connection with such unlawful manufacturing, possession, controlling, selling, prescribing, administering, dispensing or compounding may be seized there under, and shall be subject to such disposition as the Court may make thereof and such controlled substances may be taken on the warrant from any house or other place in which they are concealed.”
6. Section 4 of the Drug Paraphernalia Act of 1982, effective September 17, 1982 (D.C. Law 4-149; D.C. Official Code §48-1103), is amended as follows:
(a) Subsection (a) is amended to read as follows:
“(a) Except as authorized by Chapter 16B or Title 7, it is unlawful for any person to use, or to possess with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack store, contain, conceal, inhale, ingest, or otherwise introduce into the human body a controlled substance, other than usable marijuana weighing less than two ounces in the possession of such person or three or fewer cannabis plants being grown in such person’s principal place of residence or the marijuana from such plants if possessed within such place. Whoever violates this subsection shall be imprisoned for not moiré than 30 days or fined for note more than $100, or both.”
(b)Subsection (b) is amended to read as follows:
“(b) Except as authorized by Chapter 16B of Title 7, it is unlawful for any person to deliver or sell, possess with intent to deliver or sell, or manufacture with intent to deliver or sell drug paraphernalia, knowingly, or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance, other than usable marijuana weighing less than two ounces in the possession of such person or three or fewer cannabis plants being grown in such person’s principal place of residence or the marijuana from such plants if possessed within such place. Whoever violates this subsection shall be imprisoned for not more than 6 months or fined for not more than $1,000, or both, unless the violation occurs after the person has been convicted in the District of Columbia of a violation of this subchapter, in which case the person shall be imprisoned for not more than 2 years, or fined not more than $5,000, or both.”
--D.C. Code §25-801--
7. Section 25-801 of Title 25 as enacted and amended by Section 101 of the Title 25, D.C. Code Enactment and Related Amendments Act of 2001, effective May 3, 2001 (DC. Law 13-298; D.C. Official Code §25-801) is amended to read as follows:
(a) Subsection (a) is amended to read as follows: “(a) The Board shall have the authority to enforce the provisions of this title with respect to licensees, with respect to any person not holding a license and selling alcohol in violation of the provision of this title, and with respect to persons committing the civil violation described in section 48-904.01(d)(3) or (d)(4).”
(b) Subsection (b) is amended to read as follows: “(b) Subject to subsection (c) of this section, ABRA investigators and the Metropolitan Police Department shall issue citations of civil violations of this title that are set forth in the schedule of civil penalties established under §25-830 and for the civil violation described in section 48-904.01(d)(3) and (d)(4).”
--D.C. Code §25-831--
8.Section 25-831 of Title 25 as enacted and amended by section 101 of the title 25, D.C. Code Enactment and Related Amendments Act of 2001, effective May 3, 2011 (D.C. Law 13-298; D.C. Official Code §25-831) is amended to read as follows: Subsection (d) is amended to read: “ (d) A civil fine may be imposed as an alternative sanction for any violation of this title for which no specific penalty is provided, or for violation of any rules or regulations issued under the authority of this title, under Chapter 18 of Title 2. A civil fine shall be imposed as prescribed in section 48-904.01(d)(3) for the violations described in that section and shall be the only penalty imposed for such violation. Adjudication of an infraction of this chapter or of the civil infraction prescribed in section 48-904.01(d)(3) shall be under Chapter 18 of Title 2.”
--D.C. Code §2-1402.73--
9. Section 273 of The Human Rights Act of 1977, effective December 13, 1977 (D.C. Law 2-38; D.C. Official Code §§2-1402.73 et seq.) as added by the Human Rights Amendment Act of 2002, effective October 1, 2001 (D.C. Law 14-189), is further amended to read as follows:
“Except as otherwise provided for by District law or when otherwise lawfully and reasonably permitted, it shall be an unlawful discriminatory practice for a district government agency or office to limit or refuse to provide any facility, service, program or benefit to any individual on the basis of an individual’s actual or perceived: racer, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, gender identity or expression, familial status, family responsibilities, disability, matriculation, political affiliation, source of income or place of residence or business; or commission of a civil violation described in section 48-904.01(d)(3) or (d)(4).”
10. The amounts of the civil penalties set forth in District of Columbia Code section 48-904.01(d) as added by this Act shall be adjusted through implementing or amending legislation enacted by the Council of the District of Columbia to the extent necessary to avoid negating or limiting any act of the Council of the District of Columbia pursuant to D.C. Code §1-204.46.
11. This act shall take effect after a 30-day period of Congressional review as provided in section 602(c)(1) of the District of Columbia Self-Government and Government Reorganization Act (Home Rule Act), approved December 24, 2971 (87 Stat. 813; D.C. Official Code §1-206.02(c)(1)).
