Initiative 59

Last updated

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 Washington, D.C. voter-approved ballot initiative 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

Georgia Congressman Bob Barr advocated complete federal prohibition of medical marijuana. In 1998, he 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 percent of the vote. [7] In response to the judge's ruling, [8] Barr simply 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's response to the ruling was defiant:

Clearly, the court today has ignored the constitutional right and responsibility of Congress to pass laws protecting citizens from dangerous and addictive narcotics, and the right of Congress to exert legislative control over the District of Columbia as the nation's capital.
—Bob Barr, March 28, 2002 [12]

The federal government later prevailed on appeal, [13] 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. [14] [15] 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. [16]

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

Robert Laurence Barr Jr. is an American attorney and politician. He served as a federal prosecutor and as a Congressman.

District of Columbia Home Rule Act 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 removal of cannabis from Schedule I of the Controlled Substances Act, the most tightly restricted category reserved for drugs that have "no currently accepted medical use", has been proposed repeatedly since 1972.

Decriminalization 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 decriminalized in 16 states, and legalized in another 11 states, as of April 2020. Decriminalization refers to a policy of reduced penalties for cannabis offenses, typically involving a civil penalty for possession of small amounts, instead of criminal prosecution or the threat of arrest. In jurisdictions without any penalties the policy is referred to as legalization, although the term decriminalization is sometimes broadly used for this purpose as well.

Legal history of cannabis in the United States

The legal history of cannabis in the United States pertains to the regulation of cannabis for medical, recreational, and industrial purposes 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 Marijuana use in the United States

The use, sale, and possession of cannabis over 0.3% THC in the United States, despite state laws, 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, mainly for medical and industrial use but also including recreational use.

Medical cannabis in the United States

In the United States, the use of cannabis for medical purposes is legal in 33 states, four out of five permanently inhabited U.S. territories, and the District of Columbia, as of January 2019. Fourteen 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

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. 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. At the state level, however, policies regarding the medical and recreational use of cannabis vary greatly, and in many states conflict significantly with federal law.

Timeline of cannabis laws in the United States

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.

Initiative 71

Initiative 71 was a Washington, D.C. voter-approved ballot initiative 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 Guam has been legal for medical purposes since 2015 and legal for recreational purposes since April 2019. Guam was the first United States Territory to legalize medical marijuana, passing via a ballot referendum in 2014.

Cannabis in Arkansas was outlawed in 1923, and possession of small amounts remains a misdemeanor crime. A ballot initiative legalizing medical use was approved in 2016.

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.

Cannabis in Nevada

Cannabis in Nevada became legal for recreational use effective January 1, 2017, having been legalized by ballot initiative in 2016. Medical marijuana use was legalized by ballot initiative in 2000, and has been available to licensed individuals in the state since shortly after that date. Nevada also licenses growers and distributors, and citizens of Nevada are banned from growing their own cannabis unless they live more than 25 miles from a licensed dispensary.

Cannabis in Missouri is illegal but decriminalized. Medical use was legalized in 2018 through a ballot initiative to amend the state constitution.

Cannabis in Ohio is illegal for recreational use. Since 1975 possession of up to 100 grams has been decriminalized, however. Several of the state's major cities have also enacted further reforms.

Cannabis 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, second in 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 recreational and medical uses, but is barred from commercial sale. Though the drug was fully legalized in the District following a 2014 ballot referendum, 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". Washington Post. p. B01. Retrieved 2008-04-25.
  5. ↑ Slevin, Peter; Caryle Murphy (1998-11-04). "Marijuana Vote Results Kept Secret". 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. ↑ "Barr to Continue Fight Against Drug Legalization" (Press release). U.S. Rep. Bob Barr (R-GA). 2002-03-28. Archived from the original on 2008-09-18. Retrieved 2008-05-20.
  13. ↑ Marijuana Policy Project v. United States of America(United States Court of Appeals for the District of Columbia Circuit2002-09-19). Text
  14. ↑ "D.C. Medical Marijuana Initiative". District of Columbia Legislation. Marijuana Policy Project. Archived from the original on September 18, 2008. Retrieved 2008-05-20.
  15. ↑ "Timeline of Initiative Events". District of Columbia Legislation. Marijuana Policy Project. Archived from the original on September 18, 2008. Retrieved 2008-05-20.
  16. ↑ "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.
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.