D.C. Mayor Muriel Bowser unveils bill to legalize recreational marijuana sales

D.C. Mayor Muriel E. Bowser (D) will announce legislation Thursday to legalize and regulate recreational marijuana dispensaries in the nation’s capital, setting up a potential showdown with the federal government.

The District’s marijuana laws are in limbo. Residents can legally grow and possess small amounts of the drug under a 2014 voter-approved law. But they cannot legally purchase pot, and the city cannot tax sales, because of a provision in the federal budget that prohibits the District from enacting or enforcing marijuana legalization laws.

Advocates have been hopeful that Congress would strip the anti-marijuana language — which originated with House Republicans — from the federal budget now that Democrats control the House. But it’s unclear whether the next spending plan will pass before or after the 2020 elections.

The mayor wants to get moving on legalization before then.

“We want to be able to regulate, we want to be able to make sure we are collecting our fair share in taxes, we want to invest those taxes in ways that affect communities that have been disproportionately affected, and we want to train and hire D.C. residents,” Bowser said in a Wednesday interview with The Washington Post at a medical marijuana cultivation center.

[Why a Democratic House flip could mean legal pot in D.C.]

The Post obtained a draft of the mayor’s bill, which would rename the Alcoholic Beverage Regulation Administration and task the agency with licensing and overseeing marijuana businesses.

The city’s eight medical marijuana cultivation centers also would be authorized to grow the drug for recreational purposes if Bowser’s bill passes. Regulators would be able to issue additional licenses six months after the law takes effect, but marijuana businesses would not be concentrated in specific neighborhoods and they would have to have discreet signs.

“We are not going to be a marijuana destination,” Bowser said. “We will not be promoting it. We want D.C. residents to be able to have the choice to buy legally, and we also want to drive out the illegal market, which we know can promote violence in our communities.”

The minimum age to purchase marijuana would be 21. The bill would also crack down on attempts to avoid the existing restrictions on selling marijuana by offering it as a gift in exchange for purchasing clothing, artwork or other items.

Bowser wants to impose a 17 percent sales tax on marijuana products, with at least some of the revenue dedicated to housing. Home delivery would be permitted.

The mayor’s bill does not allow for smoking at rooftop bars, sidewalk patios or at other private businesses, but it gives regulators an opportunity to allow marijuana consumption at dispensaries and at hookah lounges.

The D.C. Council briefly attempted to legalize pot clubs in 2016 but backtracked after concerns from Bowser.

“It’s important for us to successfully begin our recreational marijuana regime and look to expanding places of use at a later time,” Bowser said.

[First medical marijuana dispensary opens in Southeast D.C.]

Home growing and a separate medical marijuana program would be preserved under the bill, with patients paying lower taxes than those who buy recreationally.

There has been legal dispute about whether local officials can consider marijuana legalization.

In 2015, Attorney General Karl A. Racine (D) warned the D.C. Council that even holding a hearing on a marijuana legalization bill would violate federal restrictions and place city employees in legal jeopardy. An attorney for the council disagreed.

Bowser said she believes the council can hold hearings and debate how to legalize marijuana — a process that can take more than a year for complex legislation — but must wait for Congress to drop the anti-marijuana provisions before passing the bill.

“That won’t stop our introduction, and it certainly won’t stop the council’s discussion and action,” said Bowser.

Council Chairman Phil Mendelson (D) has said that the city needs to regulate the sale of marijuana, but that he would have to consult attorneys after Bowser sends him legislation.

The legalization of marijuana in other states has been fraught with racial dynamics. Some have complained that the industry is dominated by white-owned businesses, even though African Americans have historically been disproportionately locked up for drug offenses.

[Racial roadblocks loom in legalized marijuana trade]

To address equity concerns, Bowser’s bill would automatically seal the records of people with misdemeanor marijuana possession convictions and would allow them to work in the industry.

The legislation does not go as far as other jurisdictions have in specifically setting aside licenses for minority-owned businesses, but such firms could benefit from city contracting rules giving extra weight to their applications.

The District would be the first jurisdiction in the Mid-Atlantic with a full-fledged legal marijuana market if Bowser’s bill passes. Ten states have already legalized recreational marijuana, including the entire West Coast, Alaska, Nevada, Colorado, Maine, Vermont, Massachusetts and Michigan.

Nearby Maryland has a robust medical marijuana program, while Virginia is setting one up.

Read more:

In the murky world of D.C. marijuana law, pop-up markets thrive

As pot flourishes in D.C., public housing tenants are prohibited from lighting up

You can get marijuana delivered to your door in D.C. — but is it legal?

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