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Initiative 59 was a 1998 ballot initiative in Washington, D.C., that sought to legalize
medical cannabis Medical cannabis, or medical marijuana (MMJ), is cannabis and cannabinoids that are prescribed by physicians for their patients. The use of cannabis as medicine has not been rigorously tested due to production and governmental restrictions ...
. The
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of the initiative was "Legalization of Marijuana for Medical Treatment Initiative of 1998". Though the initiative passed with 69% of the vote in November 1998, its implementation was delayed by Congress's passage of the Barr Amendment, which prohibited DC from using its funds in support of the program. This Amendment delayed the start of the medical marijuana program until it was effectively overturned in 2009, with the first DC customer legally purchasing medical cannabis at a dispensary in the District in 2013.


Barr Amendment

In 1998, Georgia Congressman
Bob Barr Robert Laurence Barr Jr. (born November 5, 1948) is an American attorney and politician. He served as a federal prosecutor and as a United States House of Representatives, Congressman. He represented Georgia's 7th congressional district as a Re ...
successfully blocked implementation of Initiative 59 – the "Legalization of Marijuana for Medical Treatment Initiative of 1998" – which would have legalized medical marijuana in Washington, D.C. The "Barr Amendment" to the 1999
Omnibus spending bill An omnibus spending bill is a type of bill in the United States that packages many of the smaller ordinary appropriations bills into one larger single bill that can be passed with only one vote in each house. There are twelve different ordinary ap ...
not only blocked implementation of Initiative 59, but also prohibited the vote tally from even being released. Nearly a year passed before a lawsuit filed by the
American Civil Liberties Union The American Civil Liberties Union (ACLU) is a nonprofit organization founded in 1920 "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States". T ...
eventually revealed the initiative had received 69% of the vote. In response to the judge's ruling, Barr attached another "Barr Amendment" to the 2000
Omnibus spending bill An omnibus spending bill is a type of bill in the United States that packages many of the smaller ordinary appropriations bills into one larger single bill that can be passed with only one vote in each house. There are twelve different ordinary ap ...
that overturned Initiative 59 outright. The Barr Amendment also prohibited future laws that would "decrease the penalties for marijuana or other Schedule I drugs" in Washington, D.C. This preemptively blocked future attempts by
Marijuana Policy Project The Marijuana Policy Project (MPP) is the largest organization working solely on marijuana policy reform in the United States in terms of its budget, number of members, and staff. Its stated aims are to: (1) increase public support for non-pu ...
(MPP) to reform marijuana laws in DC via the initiative process. In March 2002, U.S. District Judge Emmet Sullivan struck down this portion of the Barr Amendment as being an unconstitutional restriction on
free speech Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The rights, right to freedom of expression has been ...
. Barr criticized the ruling, arguing the court had ignored Congress' constitutional right to pass laws protecting citizens from "dangerous and addictive narcotics." The federal government later prevailed on appeal, reinstating the Barr Amendment just in time to thwart MPP's initiative 63 – "The Medical Marijuana Initiative of 2002" – which had already qualified for the November 2002 ballot. In 2009, both the
United States Senate The United States Senate is the upper chamber of the United States Congress, with the House of Representatives being the lower chamber. Together they compose the national bicameral legislature of the United States. The composition and pow ...
and
House of Representatives House of Representatives is the name of legislative bodies in many countries and sub-national entitles. In many countries, the House of Representatives is the lower house of a bicameral legislature, with the corresponding upper house often c ...
voted to lift the ban against a medical marijuana initiative, effectively overturning the Barr Amendment.


Initiative 71 and legalization of recreational cannabis

The legalization of non-commercial possession and cultivation of recreational marijuana was voted in the following year through Initiative 71 in 2014.


See also

* Cannabis in the United States#District of Columbia * Decriminalization of non-medical cannabis in the United States#District of Columbia * Timeline of cannabis legalization in the United States#Municipal * Legal history of cannabis in the United States#State-level legalization *
Initiatives and referendums in the District of Columbia The District of Columbia (a political division coterminous with Washington, D.C.)The district has had a system of direct voting since 1979, shortly after it gained home rule in 1973. Residents have the ability to place new legislation, or legi ...


References

{{Cannabis in the United States Cannabis ballot measures in the United States Cannabis law in the District of Columbia Politics of Washington, D.C. 1998 in American law 1998 in Washington, D.C. 1998 cannabis law reform