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Norton Says D.C. Marijuana Legalization Bolstered by New Legalization Laws in Oregon and Alaska, Prepares to Defend D.C. in Lame Duck

November 5, 2014

WASHINGTON, D.C. – Congresswoman Eleanor Holmes Norton (D-DC) today said that the overwhelming victory of the District of Columbia's marijuana legalization initiative (Initiative 71), together with the victories for marijuana legalization initiatives in Oregon and Alaska, gives her significant ammunition to defend D.C.'s initiative from congressional interference. She also alerted D.C. residents that, given threats by Members of Congress to try to block legalization in D.C. even before yesterday's vote, as well as congressional interference with D.C.'s 1998 initiative to legalize medical marijuana, residents need to be prepared to fight for their right to self-government.

"The people spoke, overwhelmingly, with passage of our marijuana legalization initiative, but D.C. is not out of the woods just yet," Norton said. "Unfortunately, there are dedicated opponents of D.C.'s right to self-government and the city's desire to end the unheard-of racial disparities in the enforcement of drug laws. D.C. residents will not forget that Black residents, who are nearly half of our population, are eight times more likely to be arrested for marijuana possession than non-Blacks, and that 91 percent of all marijuana-related arrests are of Black residents, even though Blacks and Whites use marijuana at the same rate. Together, we must get Congress out of our business and out of the way."

Norton said that Congress could try to block the initiative through a resolution of disapproval during the congressional review period for the initiative, or a rider to a must-pass bill such as the D.C. appropriations bill. The House-passed fiscal year 2015 D.C. Appropriations bill contains a rider, sponsored by Representative Andy Harris (R-MD), that prohibits the District from using its local funds to decriminalize or legalize marijuana. Norton kept the rider from being included in the Senate's fiscal year 2015 D.C. Appropriations bill or in the fiscal year 2015 short-term continuing resolution, which expires on December 11, and has been working to keep the rider out of the final spending bill.

Harris, one of the main opponents of D.C.'s marijuana laws, told The Hill last week, "If legalization passes, I will consider using all resources available to a member of Congress to stop this action…" However, Norton said D.C. may have support in the Senate from states that have decriminalized and legalized marijuana, as well as support from Senator Rand Paul (R-KY), who yesterday told Roll Call that D.C. voters alone, not Congress, should decide whether to legalize marijuana. Paul said, "I'm not for having the federal government get involved. I really haven't taken a stand on…the actual legalization…but I'm against the federal government telling them they can't."

Norton said one of the major reasons to allow the referendum to stand is a recent study that shows that almost all marijuana-related arrests in D.C. are of Black residents, even though Blacks and White use marijuana at the same rate.

The Statement of Administration Policy on the House's fiscal year 2015 D.C. Appropriations bill said the administration "strongly opposes" the bill's prohibition on the District spending its own local funds to implement its local marijuana policies because it violates the "principle of States' rights and of District home rule."

Twenty-three states have legalized medical marijuana, 18 states have decriminalized marijuana, and four states have legalized marijuana. A February 2014 Pew Research Center poll found that 54% of Americans support marijuana legalization.