Pubdate: Thu, 17 Jul 2014
Source: Washington Post (DC)
Copyright: 2014 The Washington Post Company
Contact: http://mapinc.org/url/mUgeOPdZ
Website: http://www.washingtonpost.com/
Details: http://www.mapinc.org/media/491
Author: Mike Debonis and Peter Hermann
Page: B1

A NEW DAY FOR DISTRICT POT LAW

Chief of Officers' Union Calls Policy a 'Convoluted Mess'

On Wednesday, a D.C. police officer who caught someone carrying a
small amount of marijuana was required to launch his suspect on an
onerous journey through the criminal justice system - possibly
involving handcuffs, fingerprinting and forensic analysis.

On Thursday, that same officer faces the simpler task of pulling out a
ticket book and checking a box: littering, or possession of marijuana?

A lengthy civic debate over how to handle the most minor of drug
offenses culminated at midnight Wednesday when a marijuana
decriminalization law passed by the D.C. Council this spring completed
a 60-day congressional review period and took effect. The advent of
the new law, spurred by reports of stark racial disparities in
marijuana arrests, prompts a sea change in how police handle one of
the most common violations they encounter. Under new orders set to
take effect Thursday, police can no longer take action upon simply
smelling the odor of marijuana. Nor can they demand that a person
found in possession of up to 1 ounce produce identification.

Those found with larger amounts or caught using marijuana in public
places can still be arrested and charged with a crime. Otherwise,
officers who catch someone carrying weed will be required simply to
confiscate any visible contraband and write a ticket carrying a $25
fine.

Street officers will probably be uneasy with the changes, said Delroy
Burton, chairman of the D.C. police union, even though the department
has circulated a lengthy special order and created a PowerPoint
presentation on how to make arrests.

Burton criticized the new law as too vague and confusing to officers
on the street, and he said those who must enforce it had little input
into its creation.

"This is not a simple issue," he said. "It's about enforcement and
decriminalization and where you draw the line of what officers can do
and cannot do. Our officers are going to have to go out there and
enforce a convoluted mess."

D.C. Police Chief Cathy L. Lanier has said previously that she does
not believe the new law will affect officers clearing street corners
or confronting suspicious people.

In a statement, police spokeswoman Gwendolyn Crump sought to combat a
misconception among District residents that possession and use of
marijuana have been legalized. "This is absolutely not true," the
statement said.

The department has prepared wallet-size cards laying out key facts
about the law, and information will also be posted starting Thursday
at www.mpdc.dc.gov/ marijuana.

Among the vagaries of decriminalization is that federal law
enforcement agencies - such as the U.S. Park Police, Secret Service
and Capitol Police - may still arrest anyone carrying any amount of
marijuana under federal drug statutes. Those offenses would be
presented to the U.S. Attorney's Office in the District for
prosecution.

D.C. police, who have historically made the vast majority of marijuana
arrests, will abide by the new law. Civil violations will be
adjudicated by the city's Office of Administrative Hearings, while
misdemeanor crimes such as smoking marijuana in public will be
prosecuted by the D.C. attorney general. More serious felony drug
crimes will remain in the hands of federal prosecutors.

Burton said the most confusing part of the new rules relates to when
an officer may search or arrest someone on a marijuana charge.

The new order says that the odor of marijuana does not constitute a
"reasonable articulable suspicion" that the law has been violated. An
officer must have evidence that a person has more than 1 ounce of the
drug. And an officer cannot assume a person has a larger amount just
because he or she is holding "multiple containers" of the drug.

But the order says that none of those restrictions apply to car stops
when police are "investigating whether a person is operating or in
physical control of a vehicle" while intoxicated or impaired by drugs.

Burton said these rules create an almost impossible burden on how an
officer approaches and investigates a suspected drug violation. He
said the law seems to prohibit an officer from investigating an odor
during a car stop for speeding or running a red light. To be safe, he
said, officers "are probably going to ignore" possible drug
infractions.

Under the law, the odor of marijuana coming from a vehicle can prompt
an officer to investigate whether the driver is operating while
impaired, but not whether the driver or others in the vehicle are in
possession of marijuana.

"We understand changes in the law can be confusing, which is why we
have an online training that includes potential scenarios and examples
for members.," said Crump, the department's chief spokeswoman. "It is
an ongoing process, and we will continue to put forward additional
training and scenarios as new questions arise. Officers know that in
every situation, they need to consider the totality of the
circumstances."

D.C. police said the department has shared its officer-training
materials with prosecutors and the D.C. Housing Authority. That
training, the department said, is required for any officer making a
marijuana arrest starting Thursday.

Civil violation notices that police already hand out for littering
have been amended to include possession of marijuana and note the $25
fine. Possession of 1 ounce of the drug will cost a miscreant less
than the fine for throwing a cigarette butt on the ground -$75 for
littering.

Under the new order, an officer is allowed to issue only a warning if
he or she "feels it to be in best interest of justice."

The long-term prospects for the city's marijuana laws remain
unsettled. Congressional Republicans have sought to intervene, adding
language meant to overturn the law to a spending bill that is expected
to pass the House on Wednesday. But Democrats are unlikely to go along
in budget negotiations, which in any case could be months down the
road.

Meanwhile, advocates for the legalization of marijuana are seeking to
have D.C. residents vote on the question in November - and, according
to recent polling, their initiative is likely to be successful should
it qualify for the ballot.
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MAP posted-by: Matt