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Reform in Washington, DC

Naomi Long 60x85Although residents of DC have advocated marijuana policy reform and harm reduction, their efforts have been thwarted by Congressional interference.

In 1998 the DC electorate voted on Initiative 59, a measure that would have legalized marijuana for medicinal purposes in the District. Before the ballot count could be released, Rep. Rob Barr (R-Ga.) sponsored a rider on the DC appropriations bill that banned the drug's use for medicinal purposes and prevented the use of public funds to put this issue on the ballot again. After proponents of the bill went to court, election officials confirmed a year later that 69% of district voters had approved Initiative 59, but their mandate had been silenced. The "Barr Amendment", which prohibits the city from ever lowering or eliminating penalties for use of Schedule I drugs like marijuana and Ecstasy - even for medical use - was challenged but stood on appeal in federal court.

The DC Appropriations Act has also been used as a vehicle to restrict syringe exchange. Although DC has the highest AIDS rate per 100,000 population in the United States - a rate that is 12 times the national average - and increasing the availability of sterile syringes curtails transmission of HIV/AIDS, Congress last year renewed prohibitions on local funding for DC's clean needle exchange program. Virginia Senator George Allen, who sponsored the Senate amendment to the bill, commented, "Giving a drug addict a clean needle is like giving an alcoholic a clean flask. It just doesn't make any sense".

In November of 2002, DC voted on Measure 62, a "treatment instead of incarceration" initiative similar to those approved by voters in Arizona (1996) and California (2000). An overwhelming 78% of voters in DC voted for the measure. Sponsored by the Alliance and the Campaign for New Drug Policies, Measure 62 would provide a comprehensive treatment program instead of jail time for people charged with illegal possession or use of any Schedule II (or below) controlled substance (most notably cocaine).

The Measure is now stalled in court because of a challenge by DC Mayor Anthony Williams. The mayor incorrectly argues that Measure 62 allocates funds to support drug treatment. (Under DC law, ballot initiatives cannot allocate funds.) In reality, Measure 62 gives the District the option of funding treatment while keeping certain offenders out of prison if treatment slots are not available.

Besides defending Measure 62 in court, the Alliance will continue to outline how treatment instead of incarceration can become a successful model in Washington, DC.



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