Justice For Victims Of Past Marijuana Laws: New D.C. Cannabis Sales Bill Proposes Up to $80,000 In Compensation

Phil Mendelson (D), chairman of the Council of the District of Columbia, introduced a new bill that would legalize and regulate the sales of recreational cannabis in the city. What makes this piece of legislation unique is the proposal to create a new reparations fund that would allow for payments of up to $80,000 to those who were previously arrested, convicted or in jail for cannabis-related offenses, writes dcist.

 “We’ve improved [the bill],” said Mendelson on Tuesday. “I think the document should be out there for the public to look at. We want to be ready if and when the [ban] is lifted.”

Direct Cash Payments

The idea to establish this fund and offer payments to those who were negatively affected by the War on Drugs is an attempt to repair the damages prohibition laws have caused. Hence the fund will be called 'Reparations for Victims of the War on Cannabis Fund' and would use as much as 40% of all tax revenue from adult-use cannabis sales in the coming 10 years. From those funds, it would offer payments of between $5,000 and $80,000 to those who were arrested, or charged for marijuana-related offenses, before possession, personal use and home cultivation were legalized (2015).

According to the bill (B25-0052), direct cash payments will be determined by several factors such as 1) whether an individual was arrested, convicted, or incarcerated for a cannabis-related offense 2) their age at the time of arrest, conviction or going to jail, 3) the time the individual was behind bars and 4) if the individual was supporting a partner or a child.

Spouses or children of an individual could be also offered payments.

While other states have included efforts to mitigate the damage caused by outdated cannabis laws, like giving priority for licenses to minority applicants and communities impacted by the war on drugs, they have not proposed direct cash payments like Mendelson.

Other Highlights Of The Bill

The legislation, co-signed by Kenyan McDuffie, Charles Allen, Anita Bonds, Christina Henderson, Robert C. White, Jr. and Brooke Pinto, is similar to a measure presented about two years ago.

The new bill would legalize, regulate and tax the sale of adult-use cannabis at dispensaries. It would establish Alcoholic Beverage and Cannabis Board and the Alcoholic Beverage and Cannabis Administration, the Cannabis Regulation Division, the Cannabis Advisory Committee. The Board would have the authority to issue cannabis licenses for 3 years, and the sales would be allowed only by those with a proper license.

There is also a proposal to establish the Cannabis Equity and Opportunity fund that would be in charge of reserving a certain percentage of licenses for social equity applicants. On the social equity side, the bill will expunge cannabis-related arrests and convictions.

“I’m looking at it as a strategy to reverse the inequitable impacts of the war on drugs,” said Mendelson. “How can we use this opportunity for [revenue] to the government, if we can tax and regulate cannabis, to do more to help with regard to the income disparities that were exacerbated by the war on drugs? I think it’s an interesting idea. Let’s see how it plays out in terms of reaction, suggestions for improvement, or criticisms.”

What’s Next?

 Until the ban on cannabis sales in D.C. is lifted, passage and implementation of the bill will need to wait.

While adult-use cannabis was legalized in Washington D.C. in 2014, a rider contained in all presidential budget proposals since that date has prevented the District from exercising those laws.

The congressional omnibus spending bill released In December not only excluded marijuana banking reform but also kept this ban on allowing legal recreational cannabis sales. 

Photo: Benzinga Edit with images by Jonathan Borba and cottonbro studio via Pexels.