WASHINGTON, Feb. 25 (UPI) -- Utah congressman Jason Chaffetz raised eyebrows Wednesday when he said the mayor of Washington, D.C., faces arrest and could even go to prison if a new law in the District decriminalizing marijuana in amounts less than two ounces goes into effect at midnight.
Initiative 71, passed in November with a 70 percent approval rate, would make it legal for D.C. residents to possess small amounts of the drug -- as four states have already done in the last two years. The problem, however, is this: Washington is governed by Congress, and passage of the new law without its consent raises a unique set of legal questions.
Congress has previously signaled its opposition to Initiative 71, meaning if the law goes into effect it will be setting up a clear conflict with its governing body. The chairman of the House Committee on Oversight and Government Reform, Rep. Chaffetz said regardless of how legal D.C. officials believe the initiative to be, it's not.
"There are very severe consequences for violating this provision. You can go to prison for this," Rep. Chaffetz told the Washington Post. "We're not playing a little game here."
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"We believe that we're acting lawfully," D.C. Mayor Muriel Bowser said. "I have a lot of things to do here in the district. Me being in jail wouldn't be a good thing."
Initiative 71 is scheduled to become law at 12:01 a.m. Thursday -- the minute, city officials claim, Congress' window to review the matter closes. And if it goes forward, Chaffetz said that opens up District officials to criminal charges.
"The continuing resolution enacted last December made clear no appropriated funds of any sort may be used 'to enact any law, rule, or regulation to legalize' marijuana 'for recreational purposes,' " Chaffetz wrote in a letter to the city. "Your assertion that Initiative 71 takes effect on Thursday is contrary to law. We strongly suggest you reconsider your position."
The District of Columbia has limited authority to govern itself and the restriction has arisen numerous times in the past over other issues. Every law passed by the city must be reviewed by Congress.
By Wednesday evening, it appeared as though Mayor Bowser and city leaders might be willing to press ahead with the matter -- perhaps challenging Congress to do something about it. House Republicans indicated Wednesday that they had not yet taken any steps toward punishing Bowser's administration, should it defy Congress.
Ultimately, it would fall on the Department of Justice to take action against the District -- a proposition some feel is highly unlikely under the Obama Administration.
"Bullying the District of Columbia is not what [Chaffetz's] constituents expect," National Public Radio quoted Bowser as saying.
In fact, some Democrats on the Appropriations, Judiciary and Oversight and Government Reform committees have even reportedly urged the city not to adhere to the warnings from Chaffetz and other House Republicans.
On her Twitter channel Wednesday, Mayor Bowser acknowledged support from House minority leader Nancy Pelosi, D-Calif., -- who herself publicly supported the initiative on her Twitter account -- and added that she is alarmed about the way Republicans are handling the matter.
Legal language added by Congress in December, prohibiting the District from legislating and regulating the marijuana market, does not apply to Initiative 71, the Post reported.
"This is not the time to blink," said D.C. council member Vincent Orange. "We are on sound legal footing and should go forward with legalization and let the courts decide."
