A new District ordinance reducing marijuana possession penalties to a $25.00 fine-only violation goes into effect at midnight tonight.
Washington, DC City Council members overwhelmingly approved the legislation, entitled “The Simple Possession of Small Quantities of Marijuana Decriminalization Amendment Act,” this past spring. The measure amends District law involving the possession or transfer of up to one ounce of marijuana from a criminal misdemeanor (formerly punishable by up to 6 months incarceration and a maximum fine of $1,000) to a civil violation (punishable by a $25.00 fine, no arrest, no jail time, and no criminal record).
Offenses involving the public consumption of cannabis remain classified as a criminal misdemeanor under DC law, punishable by up to six-months in jail and a $500 fine. The possession of cannabis-related paraphernalia will be re-classified as a violation, not a criminal offense.
An analysis published by the American Civil Liberties Union reported that the District possesses the highest percentage of marijuana possession arrests per capita in the nation.
Weeks ago, Congressman Andrew Harris (R-MD) introduced a language to undermine the implementation of this act. However, that provision remains pending and is strongly opposed by the White House.
The District’s $25.00 fine-only measure is similar to existing ‘decriminalization’ laws in California, Connecticut, Maine, Massachusetts, Nebraska, New York, Oregon, Rhode Island, and Vermont where private, non-medical possession of marijuana is treated as a civil, non-criminal offense.
Five additional states — Minnesota, Mississippi, Nevada, North Carolina, and Ohio — treat marijuana possession offenses as a fine-only misdemeanor offense.
Three states — Alaska, Colorado, and Washington — impose no criminal or civil penalty for the private possession of small amounts of marijuana.