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"Legalization of Marijuana for Medical Treatment Initiative of 1998. | |||||||||||||
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Initiative 59 was a 1998 ballot initiative in Washington,D.C.,that sought to legalize medical cannabis. The short title of the initiative was "Legalization of Marijuana for Medical Treatment Initiative of 1998". [1] Though the initiative passed with 69% of the vote in November 1998,its implementation was delayed by Congress's passage of the Barr Amendment,which prohibited DC from using its funds in support of the program. This Amendment delayed the start of the medical marijuana program until it was effectively overturned in 2009,with the first DC customer legally purchasing medical cannabis at a dispensary in the District in 2013. [2]
In 1998,Georgia Congressman Bob Barr successfully blocked implementation of Initiative 59 [3] –the "Legalization of Marijuana for Medical Treatment Initiative of 1998" –which would have legalized medical marijuana in Washington,D.C. [4] The "Barr Amendment" to the 1999 Omnibus spending bill not only blocked implementation of Initiative 59,but also prohibited the vote tally from even being released. [4] [5] Nearly a year passed before a lawsuit [6] filed by the American Civil Liberties Union eventually revealed the initiative had received 69% of the vote. [7] In response to the judge's ruling, [8] Barr attached another "Barr Amendment" to the 2000 Omnibus spending bill that overturned Initiative 59 outright. [9] The Barr Amendment also prohibited future laws that would "decrease the penalties for marijuana or other Schedule I drugs" in Washington,D.C. [10] This preemptively blocked future attempts by Marijuana Policy Project (MPP) to reform marijuana laws in DC via the initiative process. [10] In March 2002,U.S. District Judge Emmet Sullivan struck down this portion of the Barr Amendment as being an unconstitutional restriction on free speech. [10] [11] Barr criticized the ruling,arguing the court had ignored Congress' constitutional right to pass laws protecting citizens from "dangerous and addictive narcotics." [12]
The federal government later prevailed on appeal, [12] reinstating the Barr Amendment just in time to thwart MPP's initiative 63 –"The Medical Marijuana Initiative of 2002" –which had already qualified for the November 2002 ballot. [13] [14] In 2009,both the United States Senate and House of Representatives voted to lift the ban against a medical marijuana initiative,effectively overturning the Barr Amendment. [15]
The legalization of non-commercial possession and cultivation of recreational marijuana was voted in the following year through Initiative 71 in 2014.
Robert Laurence Barr Jr. is an American attorney and politician who has been the current president of the National Rifle Association since 2024. He previously served as a federal prosecutor and as a U.S. Representative, representing Georgia's 7th congressional district as a Republican from 1995 to 2003. Barr attained national prominence as one of the leaders of the impeachment of President Bill Clinton. During his time in the House of Representatives, he authored the Defense of Marriage Act, which was later overturned by the Supreme Court in 2013 and repealed by the 117th Congress.
The District of Columbia Home Rule Act is a United States federal law passed on December 24, 1973, which devolved certain congressional powers of the District of Columbia to local government, furthering District of Columbia home rule. In particular, it includes the District Charter, which provides for an elected mayor and the Council of the District of Columbia. The council is composed of a chair elected at large and twelve members, four of whom are elected at large, and one from each of the District's eight wards. Council members are elected to four-year terms.
The Marijuana Policy Project (MPP) is the largest organization working solely on marijuana policy reform in the United States in terms of its budget, number of members, and staff.
In the United States, the non-medical use of cannabis is legalized in 24 states and decriminalized in 7 states, as of November 2023. Decriminalization refers to a policy of reduced penalties for cannabis offenses, typically involving a civil penalty for possessing small amounts, instead of criminal prosecution or the threat of arrest. In jurisdictions without penalty the policy is referred to as legalization, although the term decriminalization is sometimes used for this purpose as well.
In the United States, increased restrictions and labeling of cannabis as a poison began in many states from 1906 onward, and outright prohibitions began in the 1920s. By the mid-1930s cannabis was regulated as a drug in every state, including 35 states that adopted the Uniform State Narcotic Drug Act. The first national regulation was the Marihuana Tax Act of 1937.
The use, sale, and possession of cannabis containing over 0.3% THC by dry weight in the United States, despite laws in many states permitting it under various circumstances, is illegal under federal law. As a Schedule I drug under the federal Controlled Substances Act (CSA) of 1970, cannabis containing over 0.3% THC by dry weight is considered to have "no accepted medical use" and a high potential for abuse and physical or psychological dependence. Cannabis use is illegal for any reason, with the exception of FDA-approved research programs. However, individual states have enacted legislation permitting exemptions for various uses, including medical, industrial, and recreational use.
In the United States, the use of cannabis for medical purposes is legal in 39 states, four out of five permanently inhabited U.S. territories, and the District of Columbia, as of March 2023. Ten other states have more restrictive laws limiting THC content, for the purpose of allowing access to products that are rich in cannabidiol (CBD), a non-psychoactive component of cannabis. There is significant variation in medical cannabis laws from state to state, including how it is produced and distributed, how it can be consumed, and what medical conditions it can be used for.
In the United States, cannabis is legal in 39 of 50 states for medical use and 24 states for recreational use. At the federal level, cannabis is classified as a Schedule I drug under the Controlled Substances Act, determined to have a high potential for abuse and no accepted medical use, prohibiting its use for any purpose. Despite this prohibition, federal law is generally not enforced against the possession, cultivation, or intrastate distribution of cannabis in states where such activity has been legalized. Beginning in 2024, the Drug Enforcement Administration has initiated a review to potentially move cannabis to the less-restrictive Schedule III.
The legal history of cannabis in the United States began with state-level prohibition in the early 20th century, with the first major federal limitations occurring in 1937. Starting with Oregon in 1973, individual states began to liberalize cannabis laws through decriminalization. In 1996, California became the first state to legalize medical cannabis, sparking a trend that spread to a majority of states by 2016. In 2012, Washington and Colorado became the first states to legalize cannabis for recreational use.
Florida Amendment 2, Use of Marijuana for Certain Medical Conditions, is an initiative that appeared on the November 4, 2014, ballot in the state of Florida as a citizen initiated state constitutional amendment. It received a higher percentage than the 2006 vote which raised the minimum requirement to a 3/5 majority, although it failed to pass.
Initiative 71 was a voter-approved ballot measure in Washington, D.C., that legalized the recreational use of cannabis. The short title of the initiative was "Legalization of Possession of Minimal Amounts of Marijuana for Personal Use Act of 2014". The measure was approved by 64.87% of voters on November 4, 2014 and went into full effect on February 26, 2015.
Cannabis in South Dakota is legal for medical use as of July 1, 2021, having been legalized by a ballot initiative on November 3, 2020. Prior to then, cannabis was fully illegal, with South Dakota being the only U.S. state which outlawed ingestion of controlled substances. Testing positive for cannabis can be a misdemeanor offense. South Dakota would have become the first state in US history to legalize recreational and medical cannabis simultaneously, but an amendment legalizing recreational marijuana that was approved in the same election was struck down as unconstitutional the following February. The challenge claimed the amendment violated Amendment Z, the "Single-Subject Rule". The decision was appealed to the South Dakota Supreme Court, which upheld the lower court's decision on November 24, 2021.
Cannabis in Arkansas is illegal for recreational use. First-time possession of up to four ounces (110 g) is punished with a fine of up to $2,500, imprisonment of up to a year, and a mandatory six month driver's license suspension. Medical use was legalized in 2016 by way of a ballot measure to amend the state constitution.
The Adult Use of Marijuana Act (AUMA) was a 2016 voter initiative to legalize cannabis in California. The full name is the Control, Regulate and Tax Adult Use of Marijuana Act. The initiative passed with 57% voter approval and became law on November 9, 2016, leading to recreational cannabis sales in California by January 2018.
Cannabis in Rhode Island is legal for medical and adult use. Medical use was legalized through legislation approved in 2006, and adult use in 2022.
Cannabis in Washington relates to a number of legislative, legal, and cultural events surrounding the use of cannabis. On December 6, 2012, Washington became the first U.S. state to legalize recreational use of marijuana and the first to allow recreational marijuana sales, alongside Colorado. The state had previously legalized medical marijuana in 1998. Under state law, cannabis is legal for medical purposes and for any purpose by adults over 21.
In Washington, D.C., cannabis is legal for both medical use and recreational use for possession, personal use, cultivation, transportation and gifting, and for retail sale once a regulatory system is implemented following an affirmative vote by the residents on a 2014 ballot initiative. The United States Congress exercises oversight over the government of the District of Columbia, preventing the local government from regulating cannabis sales like other jurisdictions with authority derived from a U.S. state.
2022 Missouri Constitutional Amendment 3, also known as the Marijuana Legalization Initiative, was a ballot measure to amend the Constitution of Missouri to legalize cannabis at the state level in Missouri. The measure was on the November 7, 2022, general ballot and was approved by voters with a margin of 53–47 percent.