Pubdate: Wed, 16 Jul 2014
Source: Washington Times (DC)
Copyright: 2014 The Washington Times, LLC.
Contact:  http://www.washingtontimes.com/
Details: http://www.mapinc.org/media/492
Author: Andrea Noble

POLICE QUIETLY PREPPING FOR CHANGE IN LAW ON MARIJUANA

Decriminalization Starts on Thursday

The District is quietly preparing for a law to take effect Thursday
that decriminalizes possession of small amounts of marijuana, with the
Metropolitan Police Department issuing a special order to officers
advising them of new protocols.

Under the new law, possession of 1 ounce or less of marijuana will no
longer be a criminal offense and instead be punishable by a civil fine
of $25. Criminal penalties remain in effect for those caught smoking
pot in public or those caught with the drug on federal property.

Preparing for the change in local drug laws, the police department has
advised officers to review an 8-page special order detailing the new
law and to complete an online training program.

"As of midnight, Wednesday night, no member can make or approve an
arrest for marijuana possession without having first taken this
training," said MPD spokeswoman Gwendolyn Crump.

Responsibilities of prosecutors, who will handle the drug-related
charges that remain criminal offenses, will be divided among two agencies.

The Office of the Attorney General will prosecute cases in which
individuals are charged with smoking marijuana in public, while the
U.S. Attorney's Office will handle cases in which an individual is
caught with more than 1 ounce of pot or is caught in possession of the
drug on federal land, said Bill Miller, spokesman for the U.S.
Attorney's Office for the District.

The federal government handles law enforcement on large swaths of land
in the District, such as Rock Creek Park and the Mall, so federal
criminal penalties will remain in effect for those caught in
possession of marijuana on such properties.

"We rely heavily on diversion programs in our local marijuana
prosecutions and will likely do the same with respect to federal
offenses," Mr. Miller said.

When deciding how to proceed with cases after decriminalization takes
effect, Mr. Miller said prosecutors will "assess each case on an
individualized basis" and "use our limited investigative and
prosecutorial resources to address the most significant threats to
public safety."

The D.C. Council passed the marijuana decriminalization bill in March,
but drug cases have continued to move through the District's criminal
justice system in the interim, with the U.S. Attorney's Office
continuing its "usual practice," Mr. Miller said.

One defense attorney concurred that there has been no letup in the
meantime.

"They are prosecuting it, as far as I can see, up until the very last
minute," said Paul Zukerberg, a lawyer running for District attorney
general who has advocated for marijuana law reform and often
represents clients facing drug charges.

The exact moment that enforcement will change is a bit unclear.
Estimating when D.C. legislation becomes law is something of an
inexact science. Legislation passed by the council and signed by the
mayor has to go through a congressional review period - in this case
covering 60 days that both the House and Senate are in session.

City officials project the legislation will become law on Thursday, as
long as Congress doesn't take any unexpected breaks Wednesday. On
Capitol Hill, estimates are more precise. Will Boyington, a spokesman
for the House Committee on Oversight and Government Reform, said the
law becomes official at 12:01 a.m. Thursday.

And although officers will begin enforcing new laws at some point this
week, the future of the city's drug policy reform remains uncertain.

An amendment that would block the city from lessening its drug
penalties was last month attached to a House spending bill that
includes the D.C. budget.

The amendment, offered by Rep. Andy Harris, Maryland Republican, would
have to make it into a final draft of the bill once it is reconciled
with a Senate version. Observers say the amendment is unlikely to be
included, particularly after the White House weighed in on the issue
Monday, saying that it "strongly opposes" the provision.

Whether the Harris amendment changes D.C. drug laws again down the
road, police for now are gearing up to educate residents about the
reality of decriminalization.

MPD is printing business card-size information sheets to hand out to
residents that explain the new drug law.

The front of the card begins: "You may have heard that marijuana is
now legal in the District of Columbia. That is not true." The backside
of the card lists potential health risks of using marijuana.

On Thursday, a new MPD website, featuring information about the law,
www.mpdc.dc.gov/ marijuana, will also go live.  
- ---
MAP posted-by: Jo-D