FILE - In this Jan. 2, 2015 file photo, Washington Mayor Muriel Bowser speaks after taking the oath of office at the District of Columbia Mayoral Inauguration ceremony at the Convention Center in Washington. Possession of marijuana will become legal in the nation's capital, Mayor Muriel Bowser reiterated Wednesday, defying a threat from Congress that she and other city leaders could face prison time for implementing a voter-approved initiative. Bowser, a Democrat, said the city's plans haven't changed despite a letter from two leading House Republicans warning of repercussions if the city moves forward with legalization, which was set to take effect at 12:01 a.m. Thursday. (AP Photo/Carolyn Kaster, File)
WASHINGTON — Defying threats from Congress, the District of Columbia legalized possession of marijuana for recreational purposes on Thursday, becoming the first place east of the Mississippi River with legal pot.
D.C. GOES TO POT
Now that pot is legal in the District of Columbia, here’s what sets the city apart from states that have legalized it:
How it happened: Nearly two-thirds of District voters approved a November ballot initiative legalizing pot for recreational purposes. Congress tried to block it by inserting language in a subsequent spending bill, but District leaders said the initiative had already become law and couldn’t be undone by Congress pulling funding. The initiative took effect Thursday.
What’s legal: People 21 and older can possess and use up to 2 ounces of pot or grow up to three mature plants in private homes. People can also give as much as 1 ounce away to another person.
Not for sale: Congress explicitly banned the District from establishing laws allowing for marijuana to be sold, taxed or regulated, as Colorado and Washington state have done.
Role of Congress: The District has had “home rule” power to make its own laws for 40 years, but Congress still has the final word. Federal lawmakers commonly forbid policies they oppose by attaching language to crucial legislation, like the federal spending bill President Barack Obama signed in December.
How far smokers can go: For one thing, they can’t smoke a joint on the National Mall. Even possessing pot on federal property remains illegal, just as it is in Colorado and Washington state. Complicating matters, the District has 59 inner-city squares and triangles in federal jurisdiction.
— The Associated Press
The new law took effect at 12:01 a.m., despite last-minute maneuvers by Republican leaders in Congress and threats that city leaders could face prison time. Democratic Mayor Muriel Bowser, who took office in January, said it was her duty to implement the initiative city voters approved overwhelmingly in November.
“This is a major milestone on the road to ending marijuana prohibition in the United States,” said Robert Capecchi of the Marijuana Policy Project, which advocates for legalization. “If the president can brew and drink beer in the White House, adults should be allowed to grow and consume a less harmful substance in their houses.”
Possession of up to 2 ounces of pot for use at home is now legal, and people are also permitted to grow up to three mature plants. Smoking marijuana in public remains illegal, as does buying or selling the drug.
On Tuesday, Alaska also implemented a voter initiative legalizing the private use, sharing and cultivation of recreational pot, but lawmakers there won’t implement the next phase until 2016 at least.
The District’s initiative, approved by voters in November, only addressed personal possession, not taxation or regulation, and District leaders acknowledge that Congress blocked any effort to implement a legal marijuana market. But they believe Congress acted too late to stop legalization for private use.
Rep. Jason Chaffetz, a Utah Republican who chairs the House Oversight Committee, urged Bowser in a letter Tuesday to reconsider. He said that the mayor and any other district employees who spend money or time implementing any aspect of the initiative could face prison time for violating federal law.
“The penalties are severe, and we’re serious about this. Nobody’s wishing or wanting that to happen, but the law is clear,” Chaffetz told the AP.
Bowser responded sharply even as she tried to ratchet down the conflict.
“Bullying the District of Columbia is not what his constituents expect, nor do ours,” Bowser said. “We do disagree on a matter of law. There are reasonable ways to resolve that without us threatening him or he us.”
It would be up to the Justice Department, not Congress, to prosecute District officials, and that scenario appears unlikely. But Congress could sue the city, and House Republicans also could retaliate by pulling federal funding for city programs.
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