1998 Washington, D.C., Initiative 59

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NORML members protest in Lafayette Park across from the White House during the annual July 4th "Smoke-In" in 2000. NORMLprotesting-07-04-00.JPG
NORML members protest in Lafayette Park across from the White House during the annual July 4th "Smoke-In" in 2000.

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]

Contents

Barr Amendment

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]

Initiative 71 and legalization of recreational cannabis

The legalization of non-commercial possession and cultivation of recreational marijuana was voted in the following year through Initiative 71 in 2014.

See also

Related Research Articles

Bob Barr American attorney and politician (born 1948)

Robert Laurence Barr Jr. is an American attorney and politician. He served as a federal prosecutor and as a Congressman. He represented 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 famously authored the Defense of Marriage Act, which was later overturned.

District of Columbia Home Rule Act 1973 United States law devolving powers to a D.C. local government

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 chairman 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.

Marijuana Policy Project

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. Its stated aims are to: (1) increase public support for non-punitive, non-coercive marijuana policies; (2) identify and activate supporters of non-punitive, non-coercive marijuana policies; (3) change state laws to reduce or eliminate penalties for the medical and non-medical use of marijuana; and (4) gain influence in Congress. MPP advocates taxing and regulating the possession and sale of marijuana in a manner similar to alcohol, envisions a nation where marijuana education is honest and realistic, and believes treatment for problem marijuana users should be non-coercive and geared toward reducing harm. The organization and its various ballot initiatives has largely been funded by the late billionaire Peter B. Lewis, and now by his family. Marijuanna Policy Project estimated that the market of legal cannabis will reach 57 bln USD in 2030.

1998 Oregon Ballot Measure 67 Ballot measure in Oregon legalizing marijuana

The Oregon Medical Marijuana Act, a law in the U.S. state of Oregon, was established by Oregon Ballot Measure 67 in 1998, passing with 54.6% support. It modified state law to allow the cultivation, possession, and use of marijuana by doctor recommendation for patients with certain medical conditions. The Act does not affect federal law, which still prohibits the cultivation and possession of marijuana.

Legalization of non-medical cannabis in the United States Legalization of marijuana in the United States

In the United States, the non-medical use of cannabis is legalized in 19 states and decriminalized in 12 states as of May 2022. 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.

Legal history of cannabis in the United States Aspect of history

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.

Cannabis in the United States Overview of the use and culture of cannabis in the United States

The use, sale, and possession of cannabis over 0.3% THC 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 of 1970, cannabis over 0.3% THC is considered to have "no accepted medical use" and have 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.

Medical cannabis in the United States Use of cannabis for medical purposes in the United States

In the United States, the use of cannabis for medical purposes is legal in 37 states, four out of five permanently inhabited U.S. territories, and the District of Columbia, as of February 2022. Eleven 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.

Legality of cannabis by U.S. jurisdiction Cannabis laws by state and territory

In the United States, the use and possession of cannabis is illegal under federal law for any purpose by way of the Controlled Substances Act of 1970 (CSA). Under the CSA, cannabis is classified as a Schedule I substance, determined to have a high potential for abuse and no accepted medical use – thereby prohibiting even medical use of the drug. Despite this, most states have legalized either or both the medical and recreational use of cannabis.

Timeline of cannabis laws in the United States Historical list in chronological order of U.S. cannabis law

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.

2014 Florida Amendment 2

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.

2014 Washington, D.C., Initiative 71 Ballot measure legalizing cannabis in Washington, D.C.

Initiative 71 was a voter-approved ballot initiative 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

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 Legal status

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.

Cannabis in Alaska

Cannabis in Alaska is legal for recreational use since 2015. It was first legalized by the court ruling Ravin v. State in 1975, but later recriminalized by Measure 2 in 1990. Ballot measures in 2000 and 2004 attempted to legalize recreational use, until finally Measure 2 in 2014 passed with 53.2% of the vote. Medical use was legalized by way of Measure 8 in 1998.

2016 California Proposition 64 2016 California voter initiative that legalized recreational cannabis

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

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 Ohio

Cannabis in Ohio is legal for medical use and illegal for recreational use. Since 1975 possession of up to 100 grams has been decriminalized, with several of the state's major cities having enacted further reforms. Medical use was legalized in 2016 through a bill passed by the state legislature.

Cannabis in Washington (state) Overview of cannabis use and culture in Washington state

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. 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.

Cannabis in Washington, D.C.

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.

References

  1. "Ballot Initiative 59". The Washington Post. Retrieved 2017-06-02.
  2. Altieri, Erik (2013-07-30). "First Medical Marijuana Sale Reported in Washington, DC". NORML. Retrieved 2017-06-02.
  3. "Text of Initiative 59". Prop1.org. Retrieved 2013-08-24.
  4. 1 2 Twomey, Steve (1998-11-23). "On the Hill, Barring Democracy". The Washington Post . p. B01. Retrieved 2008-04-25.
  5. Slevin, Peter; Murphy, Caryle (1998-11-04). "Marijuana Vote Results Kept Secret". The Washington Post . p. A37. Retrieved 2008-04-25.
  6. "Turner v. DC Board of Elections, ACLU Complaint | American Civil Liberties Union". Aclu.org. 1998-10-30. Retrieved 2013-08-24.
  7. "DC Medical Marijuana Initiative 59 – Landslide Win" (Press release). ACT UP-DC. 1999-09-21. Retrieved 2008-04-25.
  8. "Turner v. DC Board of Elections, Court Decision | American Civil Liberties Union". Aclu.org. 1999-09-17. Retrieved 2013-08-24.
  9. "Democracy Held Hostage". ACLU Drug Law Reform Project. American Civil Liberties Union. 2000-12-31. Retrieved 2008-04-25.
  10. 1 2 3 "Battle Over Medical Marijuana in D.C. Moves to Appeals Court" (Press release). Marijuana Policy Project. Archived from the original on 2008-09-18. Retrieved 2008-05-20.
  11. Marijuana Policy Project v. D.C. Board of Elections and Ethics(United States District Court for the District of Columbia2002-03-22). Text
  12. 1 2 Marijuana Policy Project v. United States of America(United States Court of Appeals for the District of Columbia Circuit2002-09-19). Text
  13. "D.C. Medical Marijuana Initiative". District of Columbia Legislation. Marijuana Policy Project. Archived from the original on September 18, 2008. Retrieved 2008-05-20.
  14. "Timeline of Initiative Events". District of Columbia Legislation. Marijuana Policy Project. Archived from the original on September 18, 2008. Retrieved 2008-05-20.
  15. "Congress Lifts Ban on Medical Marijuana for Nation's Capitol". Federal Advocacy Project. Americans for Safe Access. Archived from the original on 2009-12-22. Retrieved 2009-12-15.