DCist reports that “between July 17 and July 31, 26 people have been arrested for marijuana-related crimes that don’t fall under the new decriminalization law.” Fourteen of those people were arrested for consumption. Presumably they were actually caught smoking in public. Police aren’t supposed to stop people for the smell of weed anymore. But I’m not exactly going to be shocked to find out that isn’t how things are playing out.
Of the other twelve people arrested, only one of them was arrested for having more than an ounce of weed. Eight were arrested for distribution. Presumably those eight sold to undercovers or were actually seen transacting a sale. But again, I wouldn’t be shocked to find out that wasn’t the case. Three of the arrests were for intent to distribute. Meaning that three people were arrested in those couple of weeks despite having less than an ounce and nobody having witnessed them sell anything.
Too many people believe that quantity is the determining factor when police and prosecutors are deciding whether or not to go after someone for intent. But quantity is just one thing they might use to argue that you were intending to distribute. For example, one of the cases that we heard when I was on grand jury duty involved a minuscule amount of marijuana. But they were prosecuting the kid for intent because it was divided up into a few different baggies.
I’ll give you three guesses what the race of the accused was.
Just kidding. We all know who gets arrested for petty drug crimes in DC. Marijuana decriminalization was supposed to be addressing that disparity. But considering that the MPD clearly states on their website that “selling any amount of marijuana to another person” is still a crime, their reminding us that they still intend to arrest people for marijuana, and their long history of targeting – I think we can expect the bullshit to continue.