Norton told the Committee that she was testifying to preserve the District’s options and to allow its lawyers to review and interpret the rider’s effect for itself. Norton also reminded the Committee of the racial justice issues that motivated D.C.’s legalization law and its distinction as the narrowest and strictest marijuana legalization law in the country. Norton said that although the Republican-led House Appropriations Committee interpreted the rider to block Initiative 71, the rider only bars the use of D.C. funds to “enact any law, rule or regulation.” Under the alternative reading, Initiative 71 has already been enacted, is self-executing, that is no further D.C. funds or action are needed, and will take effect after the expiration of the congressional layover period.
Norton has been told that leading Democrats support the alternative view, including Rep. Jose E. Serrano, ranking member of the House subcommittee with jurisdiction over D.C. affairs, who said “D.C. marijuana rider included in the omnibus appropriations bill does not prevent Washington D.C. from legalizing marijuana as the Republican-led House Appropriations Committee claims it does.”
Earlier today, Norton said that, contrary to press reports, it is far from certain that the omnibus bill blocks the District of Columbia from legalizing marijuana. Norton said, “Based on a plain reading of the bill and principles of statutory interpretation, the District may be able to carry out its marijuana legalization initiative.”