Pot-Dealing Arrests Back to Pre-Legalization Levels in D.C.

Adults in the nation's capital have little trouble finding marijuana, which is legal to possess, grow and share under a ballot measure passed by voters in 2014. But with Congress blocking regulated stores, arrests for still-illegal deals have hit prelegalization levels.

Statistics from the District of Columbia's Metropolitan Police Department show a large increase in the number of distribution busts in 2016, with the 220 arrests more than doubling the number seen in 2013, the year before residents voted to loosen pot laws.

"I'm not surprised," says Adam Eidinger, the D.C. Cannabis Campaign's co-founder and the public face of legalization in Washington, which came less than a year after local elected officials decriminalized minimal marijuana possession.

"There’s a hefty demand, the medical program has a high barrier and we don't have stores," he says. "Until we have stores, this is something police – if they want to – can pursue and get lots and lots of arrests."

The 78 arrests made this year through April 5 reflect the most recent data provided and suggest 2017 distribution arrests may end up even higher.

At least three of the distribution arrests this year followed $20 stings by police in some of Washington's poorest neighborhoods. Twenty dollars buys about a gram of marijuana, which is about one-sixtieth of the 2-ounce limit for adult possession under local law. Adults also are allowed to transfer 1 ounce or less of marijuana if no type of business transaction or trade takes place.

Arrests for possession with intent to distribute are rising in tandem with distribution arrests, but remain far lower than before the ballot initiative was enacted in February 2015.

Though dealing arrests have increased, the legalization framework in the nation's capital – affected by a congressional spending prohibition blocking legal sales – has been referred to as the "dealer protection act." Legal competition can't exist, while it's difficult for police to arrest dealers who are not caught exchanging money.

The voter-approved law gives low-level dealers "a reasonable amount of protection if they're carrying less than 2 ounces," Eidinger says.

The Metropolitan Police Department provided the statistics to U.S. News in response to a Freedom of Information Act request and was unable to provide additional comment.

The police department's approach to high-profile boundary-pushers distributing marijuana has varied since the legalization measure passed.

The department arrested two people associated with the business Kush Gods in December 2015 for selling pot-infused food out of branded vehicles. Both pleaded guilty to pot distribution last year. But other entrepreneurs, such as the operators of a pricey juice-delivery service that purports to give free pot to buyers, have not been targeted.

The department retains records on four types of marijuana arrests: distribution; possession with intent to distribute; possession; and public consumption.

It's unclear whether residents growing more than the legal six plants per person played a role in recent arrest trends.

"There is no specific charge in the D.C. Code for cultivating marijuana in violation of the legal parameters," the Metropolitan Police Department said in response to the FOIA request. "An individual violating any cultivation provision would be charged with one of the four marijuana offense types depending on the totality of the evidence."

Arrests for possession of marijuana remained low in 2016, with just 32 arrests compared with 55 the year before and 2,549 in 2013. There were 402 public consumption arrests last year, much more than the 142 in 2015.

Eidinger believes police were "nervous about doing anything regarding cannabis" after a roughly 40-point win for legalization in November 2014, and that they are now feeling greater confidence in enforcing prohibitions.

With arrests rising, Eidinger says it's important for residents to comply carefully with the law.

"Every time I walk into a house and someone shows me their grow, I'm counting the plants and I'm like, 'You have 20 plants here – this isn't 12. You and your girl need to get rid of some of these plants now," Eidinger says.

"I'm constantly policing this myself and a lot of people think they can go above the number," he says. "But there's a reason the number is there: to prevent a market around home grows."

In addition to pushing congressional Republicans to allow the regulation of retail sales, Eidinger says he's particularly interested in preventing retaliation against public housing tenants for at-home consumption. He says part of the solution may be making public consumption legal. "Smoking outdoors is healthier for everyone," he says.

Full data for D.C. marijuana arrests:

**Data from 2017 run through April 5. Data from 2010-2012 are via the Drug Policy Alliance.