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http://dcist.com/2014/07/marijuana_decriminalization.php
Possessing an ounce or less of marijuana in the District is now punishable by a fine cheaper than the one for littering. Now that D.C.'s marijuana decriminalization law is in effectdespite the efforts of some members of Congressthe new question is: What's next?
The decriminalization bill was originally introduced by Councilmember Tommy Wells (D-Ward 6) as a way to address the huge racial disparity in marijuana-related arrests in D.C. Last year, the Washington Lawyers Committee for Civil Rights and Urban Affairs released a report that analyzed arrest statistics in D.C. between 2009 and 2011, and found that an overwhelming majority of people arrested for marijuana-related crimes were black and male, despite that reported marijuana use was evenly split between white and black residents.
Now that the law is in effect, it's pressing to ensure that District residents are aware of what the legislation means and what they can and can't do.
Dr. Malik Burnett, policy manager for the Drug Policy Alliance, tells DCist that his organization is doing outreach to try and make sure people in D.C. know the facts. "It's going to be very similar to the outreach effort we did around the Good Samaritan Law," he says, which included a major Internet campaign. Under the marijuana decriminalization law, anyone caught possessing an ounce or less of pot is subject to a $25 fine and seizure of said marijuana. However, getting caught selling pot or smoking in public could still land you in jail, as can driving under the influence of marijuana.
Part of that outreach effort, Burnett says, involves educating residents in communities where marijuana arrests happen most, like Ward 8, about the law. If you need proof that there's a lot of misinformation about the marijuana decriminalization law, just looks at the wallet-sized explainer cards the Metropolitan Police Department is now distributing. It begins with the sentence: "You may have heard that marijuana is now legal in the District of Columbia. This is not true."
Although Burnett says he doesn't know if the DPA will be on the ground in those communities to make sure people know the law, he says their partners including the NAACP, the ACLU and the Washington Lawyer's Committee will have people in the city. Burnett says the ACLU is working to put together a interactive website about marijuana decriminalization "to let people know what they can and can't do."
The marijuana decriminalization bill won't completely reverse the statistics surrounding marijuana-related arrests in D.C. Seema Sadanandan, program director for the ACLU of the Nation's Capital, tells DCist that the focus now needs to shift to police reform. "We need to start looking at the incentive structure from top to bottom," she says, "from the federal government and the billions of dollars spent on drug enforcement to the local police districts. How are they being evaluated and is that producing the disparate results?" If the metric for rating success is arrests, she says, "you're going to see [officers] making as many arrests as possible."
Sadanandan says many of those arrests have been made through racial profiling and the controversial "stop-and-frisk" technique, in which officers may frisk an individual if they suspect that person is in possession of weapons or drugs, including marijuana. In 2010, more than 54 percent of marijuana arrests in D.C. were sole possession charges, and Sadanandan says that the police claimed it was because people were smoking in public. "When we FOIA'd it, that didn't seem to be the case," she says. "It was a result of war on drugs strategies used exclusively in black communities: community-based profiling and the aggressive use of stop and frisk."
Although the marijuana decriminalization law will help prevent these tacticsthere's a provision that says police can't use the odor of marijuana as a reason to investigate individuals for other offenses or request a search warrant it doesn't solve all of the racial disparity problems. Sadanandan says that the disparity will continue because the application of the new law will still be disparate; police will continue to aggressively patrol the same areas.
D.C. residents will likely get to vote on marijuana legalization this November.
The ACLU says it supports this, but remains focused on police reform.
"Hopefully we've advanced the conversation about good cops and bad cops, and we're talking about police reform," Sadanandan says. But currently, there's no legislation on the table that addresses police reform. She says the ACLU has spoken with a number of Councilmembers over the past few years who all agree something needs to change in the way local police handle drug-related arrests, but no legislation has been introduced yet. "The conversation with the Council is the same conversation we've been having for years," she says.
"Racism is much older than the war on drugs," she continued. "What's next has to be a focus on policing structures. We need to look at police department by police department and say, 'What are your metrics?'"
Marijuana Possession In D.C. Is Decriminalized. Now What?
Possessing an ounce or less of marijuana in the District is now punishable by a fine cheaper than the one for littering. Now that D.C.'s marijuana decriminalization law is in effectdespite the efforts of some members of Congressthe new question is: What's next?
The decriminalization bill was originally introduced by Councilmember Tommy Wells (D-Ward 6) as a way to address the huge racial disparity in marijuana-related arrests in D.C. Last year, the Washington Lawyers Committee for Civil Rights and Urban Affairs released a report that analyzed arrest statistics in D.C. between 2009 and 2011, and found that an overwhelming majority of people arrested for marijuana-related crimes were black and male, despite that reported marijuana use was evenly split between white and black residents.
Now that the law is in effect, it's pressing to ensure that District residents are aware of what the legislation means and what they can and can't do.
Dr. Malik Burnett, policy manager for the Drug Policy Alliance, tells DCist that his organization is doing outreach to try and make sure people in D.C. know the facts. "It's going to be very similar to the outreach effort we did around the Good Samaritan Law," he says, which included a major Internet campaign. Under the marijuana decriminalization law, anyone caught possessing an ounce or less of pot is subject to a $25 fine and seizure of said marijuana. However, getting caught selling pot or smoking in public could still land you in jail, as can driving under the influence of marijuana.
Part of that outreach effort, Burnett says, involves educating residents in communities where marijuana arrests happen most, like Ward 8, about the law. If you need proof that there's a lot of misinformation about the marijuana decriminalization law, just looks at the wallet-sized explainer cards the Metropolitan Police Department is now distributing. It begins with the sentence: "You may have heard that marijuana is now legal in the District of Columbia. This is not true."
Although Burnett says he doesn't know if the DPA will be on the ground in those communities to make sure people know the law, he says their partners including the NAACP, the ACLU and the Washington Lawyer's Committee will have people in the city. Burnett says the ACLU is working to put together a interactive website about marijuana decriminalization "to let people know what they can and can't do."
The marijuana decriminalization bill won't completely reverse the statistics surrounding marijuana-related arrests in D.C. Seema Sadanandan, program director for the ACLU of the Nation's Capital, tells DCist that the focus now needs to shift to police reform. "We need to start looking at the incentive structure from top to bottom," she says, "from the federal government and the billions of dollars spent on drug enforcement to the local police districts. How are they being evaluated and is that producing the disparate results?" If the metric for rating success is arrests, she says, "you're going to see [officers] making as many arrests as possible."
Sadanandan says many of those arrests have been made through racial profiling and the controversial "stop-and-frisk" technique, in which officers may frisk an individual if they suspect that person is in possession of weapons or drugs, including marijuana. In 2010, more than 54 percent of marijuana arrests in D.C. were sole possession charges, and Sadanandan says that the police claimed it was because people were smoking in public. "When we FOIA'd it, that didn't seem to be the case," she says. "It was a result of war on drugs strategies used exclusively in black communities: community-based profiling and the aggressive use of stop and frisk."
Although the marijuana decriminalization law will help prevent these tacticsthere's a provision that says police can't use the odor of marijuana as a reason to investigate individuals for other offenses or request a search warrant it doesn't solve all of the racial disparity problems. Sadanandan says that the disparity will continue because the application of the new law will still be disparate; police will continue to aggressively patrol the same areas.
D.C. residents will likely get to vote on marijuana legalization this November.
The ACLU says it supports this, but remains focused on police reform.
"Hopefully we've advanced the conversation about good cops and bad cops, and we're talking about police reform," Sadanandan says. But currently, there's no legislation on the table that addresses police reform. She says the ACLU has spoken with a number of Councilmembers over the past few years who all agree something needs to change in the way local police handle drug-related arrests, but no legislation has been introduced yet. "The conversation with the Council is the same conversation we've been having for years," she says.
"Racism is much older than the war on drugs," she continued. "What's next has to be a focus on policing structures. We need to look at police department by police department and say, 'What are your metrics?'"