Rider Aimed at Stopping Marijuana Legalization in Washington, D.C., Reflects Prohibitionist Weakness

The omnibus spending bill making its way through
Congress includes a provision that aims to keep marijuana illegal
in Washington, D.C., contrary to the wishes of the District’s
residents. In my latest Forbes column, I argue that
what looks like a victory for pot prohibitionists is actually a
sign of their weakness. Here is how the piece starts:

The omnibus spending bill that Congress is expected to
approve this week includes a rider aimed at blocking marijuana
legalization in Washington, D.C. Whether it actually will do that
is a matter of debate, and the way this provision was passed
suggests that pot prohibitionists are in a weaker position than
ever before.

The rider, introduced by Rep. Andy Harris (R-Md.), says
“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.” House Appropriations Committee Chairman Hal
Rogers (R-Ky.), another ardent drug warrior, claims this
spending restriction “prohibits both federal and local funds
from being used to implement a referendum legalizing recreational
marijuana use in the District.” But that is not quite
accurate, since the rider refers to enactment, not
implementation.

By contrast, an earlier version of the Harris rider dealt with
spending to “enact or carry out” decriminalization or legalization
of any Schedule I drug. Eleanor Holmes Norton, the District of
Columbia’s congressional delegate, says that difference
could prove crucial, because Initiative 71, the D.C. ballot
measure legalizing marijuana possession, home cultivation, and
sharing, “was enacted when it was approved overwhelmingly by voters
in November.” The initiative’s elimination of penalties for
specified marijuana-related activities is “self-executing,” Norton
says, requiring no additional legislation by the D.C. Council or by
Congress. In other words, the event Harris seeks to prevent has
already happened.

Read the whole thing.