Will Congress Overturn DC's Vote to Legalize Marijuana?

The leaders of the House and Senate appropriations committees agreed on a budget bill Tuesday night that includes language seeking to block the District of Columbia from implementing the Measure 71 legalization initiative overwhelmingly approved by District voters. But there may be some wiggle room.


summary provided by the House Appropriations Committee says the bill, which will be considered by the House and Senate later this week, "prohibits both federal and local funds from being used to implement a referendum legalizing recreational marijuana use in the District." 

The bill summary doesn't mention decriminalization, which was approved earlier this year by the DC city council and has already gone into effect.

Rumors had swirled throughout that day about what was being hammered out, with hopes raised at various points that some less onerous deal might be reached, perhaps one that would bar the DC city council from passing and implementing marijuana taxation and regulation. Such a DC bill is already in the works.

While reform advocates were disappointed with outcome, some are suggesting that the bill's language can be parsed in such a way to render the congressional ban moot. That remains to be seen.

This is not the first time Congress has acted to block the will of District voters on marijuana reform issues. In 1998, DC voters approved medical marijuana with 69% of the vote, but Congress blocked it for more than a decade. Now, DC voters, who approved legalization with 70% of the vote, are once again being given the back of the hand by the folks on Capitol Hill.

The omnibus budget bill is almost certain to pass Congress this week and be signed into law by President Obama. Then the legal battle to recognize the will of the people in Washington, DC, will commence. 

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