Confusion and Exclusion: Impacts of the Hazy State of D.C. Marijuana Legalization on People with Criminal Records

By The Council for Court Excellence

What follows is an edited transcript of a virtual public forum held on September 15, 2021, by the Council for Court Excellence (CCE) and the Office of the District of Columbia Auditor (ODCA), highlighting issues presented by the partial legalization of marijuana in the District of Columbia. This event was the last of four forums focused on timely criminal justice issues in the District. Each forum featured a panel of experts, local stakeholders and impacted individuals brought together to address barriers to effective policy, explore whether community needs are being addressed, and review options for action on each forum topic. Here we share the discussion from the fourth forum, “Confusion and Exclusion: Impacts of the Hazy State of D.C. Marijuana Legalization on People with Criminal Records,” focused on marijuana law and policy in D.C., the risks and barriers posed to people with criminal records, and the opportunities to transform our system moving forward. Participants provided thought-provoking commentary, constructive criticisms, and concrete policy proposals. The edited transcript allows readers to consider the nuances of each expert’s perspective and their real-time responses to one another’s ideas. Martin Austermuhle, a reporter and editor with WAMU 88.5 who frequently reports on the cannabis industry and local government, moderated the forum. The discussants included: • Queen Adesuyi, a policy manager at the Drug Policy Alliance; • Corey Barnette, owner and CEO of both District Growers LLC and Kinfolk Dispensary; • The Hon. David Grosso, a partner at Arent Fox LLP, previously served on the D.C. Council as an At-Large Member from 2013-2021 and was an early proponent of marijuana decriminalization; • Emily Gunston, Deputy Attorney General for Legislative Affairs and Policy for the D.C. Office of the Attorney General; and • Crystal Marshall, returning citizen and member of the Community Family Life Services Speakers Bureau. The panelists opened by discussing the history of cannabis law and policy in the District, and the jurisdictional issues presented by Congressional oversight. Each year since 2014, the House of Representatives has included a budget rider forbidding the D.C. Council from enacting any tax or regulatory structure related to recreational marijuana use, which has prevented the District from fully legalizing the sale of cannabis. D.C. is left in limbo: possession and private use of small amounts of marijuana are legal but purchasing and selling marijuana remain illegal. Plus, because the federal government controls D.C.’s pre-trial supervision, probation, parole, and supervised release, people under correctional supervision are still at risk of violating the terms for their supervision for legal use of cannabis. D.C. was one of the first jurisdictions in the United States to legalize medical marijuana use. Given the devastating impact of the “War on Drugs” on Black and Brown individuals, families, and communities, panelists noted that D.C. was at the forefront of social- and racial-justice oriented cannabis laws passed over the last 20 years. Panelists discussed the ways in which the District has prioritized Black and Brown people and communities in the medical cannabis industry including those who are patients and those who own, operate, and staff dispensaries. The discussants agreed that the racial equity goals of marijuana laws—to close wealth gaps among racial groups, to reinvest in those communities of color hit hardest by the “War on Drugs,” and to ultimately end discrimination in enforcement of drug laws more broadly—have not yet been met. Several panelists mentioned the necessity of a tax-and-regulate structure that would enable D.C. to collect proceeds from marijuana sales and, most importantly, reinvest those proceeds in social, educational, employment, and other programs to support members of historically marginalized Black and Brown communities. A particular focus of this discussion was the impact of D.C.’s perplexing marijuana laws on people in the District who have criminal records including marijuana-related charges. The panel described the personal toll that such confusion can take: it can lead those with criminal records to fear any interaction with cannabis, even interactions that are legal in D.C., because of the potential an arrest or conviction poses to their housing, employment, or immigration status. The disproportionately Black and poor District residents with criminal records are also prohibited under the current law from participating in the medical cannabis industry, depriving them of the opportunity to capitalize on economic benefits that other D.C. residents are free to pursue. Panelists also discussed the ways in which the Metropolitan Police Department’s enforcement of the complicated laws can impact crime, safety, and the economy. Participants cited cause for optimism, however, and shared their views on proposed legislation that would change the status of legal cannabis in D.C.: the MORE Act and the Cannabis Administration and Opportunity Act in Congress, and two bills proposed by Mayor Muriel Bowser and by Chairman Phil Mendelson of the D.C. Council. The panelists agreed that any new law should prioritize investment in Black and Brown communities and preserve the robust medical marijuana industry that has grown in D.C. Specific suggestions included removing the Congressional rider on the D.C. budget; establishing designated “use sites” for those in public housing or other housing that prohibits marijuana use; granting special business licenses to individuals who were directly harmed by the War on Drugs; funding industry training specifically for people with criminal records; and reframing marijuana as a medical and recreational aid, rather than a vice. The bibliography provides further reading on marijuana law and policy, local control of the District’s criminal justice system, the impacts of both on people with criminal records, and other issues discussed throughout the forum. Biographies of the discussants are also included at the end of this report. Finally, a full video of the panel can be found at: https://youtu.be/uFV6SNeuHv0. The transcript in this report has been lightly edited for length and clarity

Washington, DC: Office of the DC Auditor, 2021. 40p.