Debate Intensifies Over Federal Ban on D.C. Marijuana Sales
At a recent House Appropriations subcommittee hearing, GOP Congressman Dave Joyce (R-OH) and D.C. officials voiced their frustrations over a federal rider that blocks Washington, D.C. from legalizing marijuana sales despite the city’s voters approving cannabis legalization nearly a decade ago.
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Federal Restrictions and Local Impact
The ongoing federal ban, embedded in appropriations legislation, prevents D.C. from using local funds to establish a regulated cannabis market. Congressman Joyce, who co-chairs the Congressional Cannabis Caucus, criticized the restriction, noting its adverse impact on public safety and the city’s autonomy. He expressed hope that some members of Congress may revisit and revise the provision.
D.C. Council Chairman Phil Mendelson called the ban "one of the most damaging" to the District's self-governance, pointing to its role in perpetuating a $600 million black market and attracting illegal "gifting" businesses that sell cannabis under the guise of offering free products with unrelated purchases. Mendelson emphasized that these unregulated businesses pose public safety risks, including increased violent crime.
Public Safety and Health Concerns
Officials underscored the dangers of the black market. Mayor Muriel Bowser and Joyce raised concerns about unregulated hemp-derived cannabinoids like delta-8 THC, with Bowser labeling some products as "occasionally deadly." Mendelson highlighted that illegal cannabis products often contain dangerous adulterants, further emphasizing the need for regulatory oversight.
D.C.’s inability to regulate cannabis, he argued, limits the city’s ability to implement "seed-to-sale" tracking systems, which could ensure product safety and authenticity. Enforcement against illegal pop-up shops has revealed the presence of other drugs being sold, exacerbating health risks.
Legal and Policy Developments
Potential Federal Rescheduling of Cannabis
A report from NORML suggested that if the Biden administration’s proposal to reschedule cannabis from Schedule I to Schedule III is finalized, it could allow D.C. to sidestep the congressional rider and establish a commercial cannabis market. The Congressional Research Service also noted that rescheduling would enable D.C. to authorize cannabis sales, regulate the market, and impose taxes.
Biden Administration’s Position
Despite these possibilities, President Joe Biden has consistently included the rider in his budget proposals. Efforts by congressional lawmakers to remove the restriction have repeatedly failed.
Looking Ahead
As the Drug Enforcement Administration (DEA) holds administrative hearings on cannabis rescheduling, the potential reform could provide D.C. with a pathway to legalize and regulate marijuana sales. For now, the debate highlights broader tensions between federal control and local autonomy, with D.C. officials and advocates continuing to push for the right to implement a regulated cannabis market
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