Pubdate: Thu, 07 Jan 2016
Source: Washington Post (DC)
Copyright: 2016 The Washington Post Company
Contact:  http://www.washingtonpost.com/
Details: http://www.mapinc.org/media/491

CLOUDED JUDGMENT

The D.C. Council Nearly Overturns a Ban on Pot Outside Private Homes, 
Without Careful Consideration.

SINCE IT hasn't even been a year since marijuana was legalized in the 
District, one would think (or hope, at least) that officials would 
tread carefully before making any drastic changes in the new and 
untested status quo. So the D.C. Council's recent antics about 
further relaxing controls on pot do not exactly inspire confidence. 
Indeed, they are cause for concern.

At issue is how the council flip-flopped Tuesday on whether to lift a 
ban on pot smoking outside private homes, at such venues as rooftop 
bars, sidewalk patios and other places deemed to be private marijuana 
clubs. The council first voted 7 to 6 to keep the restrictions in 
place, but a supermajority of nine votes was needed; then Mayor 
Muriel E. Bowser (D) called council members to remind them of the 
unique problems the District faces in policing marijuana use. Her 
warning that the city would have no way to rein in open pot use if 
the rules were relaxed prompted two members to switch their votes.

There's no question that the District is in a difficult spot. Voters 
overwhelmingly approved an initiative, in effect since February, that 
allows D.C. residents and visitors 21 years and older to possess up 
to two ounces of marijuana and grow it at home. But Congress blocked 
the District from adopting laws to regulate the buying and selling of 
the drug and from using local tax revenue for enforcement of looser 
marijuana laws. That ambiguity for law enforcement prompted enactment 
of the outside-the-home ban last year with a unanimous council vote. 
However, the measure was adopted as emergency legislation until a 
permanent bill could be fashioned.

We agree that Congress should not meddle in local affairs, but it is 
simply irresponsible for council members who chafe against that 
interference to turn a blind eye to possible problems. Council member 
Kenyan R. McDuffie (D-Ward 5) is exactly right that the District 
needs to work gradually and responsibly toward a tax-and-regulate 
regime before opening the door to "unintended consequences," 
including from Congress. There's some talk of tapping into the city's 
reserves to get around the congressional prohibition. But does the 
District really want to make the argument - to Wall Street as well as 
D.C. taxpayers - that the best use of surplus cash is facilitating 
marijuana use?

The Judiciary Committee chaired by Mr. McDuffie is under pressure 
from the council majority to come up with a permanent solution for 
regulating marijuana possession within four weeks; if not, the ban on 
public use could be revisited. We have to ask, what's the rush? Are 
council members looking out for the best interests of residents or 
simply responding to pressure from politically astute marijuana activists?
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MAP posted-by: Jay Bergstrom