Will Congress Keep D.C. From Decriminalizing Marijuana?

Congress may move to block Wshington, D.C.’s efforts to
decriminalize marijuana possession. The District Council
voted for decriminalization in March, bringing the
punishment for carrying small amounts of pot in line with the price
of a city parking ticket. Every piece of legislation passed by the
D.C. Council is subject to congressional approval, a process that
the
Washington City Paper says “typically passes without
much fanfare.” But because of the controversial nature of marijuana
decriminalization—and the fact that it clashes with federal
law—this particular D.C. law is drawing stronger scrutiny,
including a House subcommittee hearing Friday at which legislators
expressed their doubts. 

Rep. John Mica (R-Fla.), a member of the House Committee on
Oversight and Government Reform, called the hearing, saying it was
an attempt to address differences between federal and D.C. laws.
The new D.C. law, which could take effect in July if approved,
would end criminal penalties for possessing an ounce or less of
marijuana—currently a crime punishable by up to $1,000 and six
months in jail. Under the new rules, possession would result in a
$25 fine. 

At Friday’s hearing, Mica—brandishing
a fake joint—said he hadn’t yet decided whether Congress should
approve the law. The “joint” was there to illustrate what Mica
evidently finds a scary proposition: Under D.C. decriminalization,
people could walk around with 20 of those babies and not
even get thrown in jail for months. 

D.C.’s notorious racial disparities in drug arrests and
prosecutions were a rallying cry for decriminalization advocates.
But Mica said said he’s “not certain that changing the penalty in
the District of Columbia is going to benefit that population
that much.”

After the hearing, Micah
told AP his views on marijuana decriminalization were
“evolving.” No such potential change of heart is coming from Rep.
John Fleming (R-La.), who
told CQ Roll Call he intends to introduce a House
resolution to block the District’s decriminalization law. Fleming
apparently fancies himself sort of marijuana decrim-avenging
superhero:

“Any place that I can have a say—whether it’s nationally,
whether it’s individual states, or even in the District of
Columbia—I’m going to speak out about the dangers of marijuana,”
said Fleming. He also claimed that some of his
libertarian-leaning colleagues were coming around to his
views on marijuana, proving Fleming is either a liar or a little
bit fuzzy on reality.  

If Congress does block the decriminalization law, it wouldn’t be
the first time it interfered with the will of the people of D.C.
and their elected officials when it comes to marijuana: In 1998,
D.C. voters approved a medical marijuana referendum that Congress
prevented from taking effect for 11 years. David O’Neil, acting
assistant attorney general with the Justice Department, said his
agency would treat D.C. the same way it treats other states that
have decriminalized marijuana, by focusing on large-scale drug
trafficking and distribution or drugs on federal property.