District of Columbia Cannabis Laws

Offense Penalty Incarceration   Max. Fine

Possession
2 oz or less* None None $ 0
6 plants or less* None None $ 0
More than 2 oz Misdemeanor 6 months $ 1,000
*Initiative 71, which took effect on 2/26/15, permits adults 21 years of age or older to possess up to two ounces of marijuana in one’s primary residence without penalty. Transfer without payment (but not sell) up to one ounce of marijuana to another person 21 years of age or older is also permitted. Provided that all persons residing within a single house or single rental unit may not grow more than twelve cannabis plants, with six or fewer being mature, flowering plants.

Sale, Distribution, Intent to Distribute, and Cultivation
6 plants or less* None None $ 0
1/2 lb or less(first offense) Not Classified 6 months $ 1,000
Subsequent offense Not Classified 2 years $ 5,000
Any amount Not Classified 5 years $ 50,000
*Initiative 71, which took effect on 2/26/15, permits adults 21 years of age or older to cultivate no more than six plants (with three or fewer mature at any one time) in one’s primary residence without penalty. Provided that all persons residing within a single house or single rental unit may not grow more than twelve cannabis plants, with six or fewer being mature, flowering plants.
Involving a minor by a person over 21 brings additional penalty and/or fine.
Within 1000 feet of an appropriately identified public or private day care center, elementary school, vocational school, secondary school, junior college, college, or university, or any public swimming pool, playground, video arcade, youth center, or public library, or in and around public housing may bring a doubled penalty.

Hash & Concentrates
Possession N/A 180 days $ 1,000
Manufacture N/A 5 years $ 50,000

Paraphernalia
Possession or sale of paraphernalia 21 years and up None None $ 0
Possession of paraphernalia under 21 years None 30 days $ 100
Sale of paraphernalia None 6 months $ 1,000
Sale of paraphernalia subsequent offense None 2 years $ 5,000

Forfeiture
All substances, raw materials, products, equipment, property, vehicles, research products, paraphernalia, money and other assets can be seized.

Penalty Details

Possession

Adults 21 years of age or older may possess up to two ounces of marijuana and cultivate no more than six plants (with three or fewer mature at any one time) in their primary residence without penalty. Transfer without payment (but not sell) up to one ounce of marijuana to another person 21 years of age or older is also permitted.

See

Unless marijuana was obtained through a doctor’s recommendation, intentional or knowing possession of more than two ounces of marijuana is a misdemeanor with a penalty of incarceration of up to 6 months and a fine of not more than $1,000.

For a first offense: the court may, without entering a judgment of guilty and with the consent of such person, defer further proceedings and place him or her on probation upon such reasonable conditions as it may require and for such period, not to exceed one year, as the court may prescribe. This action does not qualify as a conviction.

See

Sale, Distribution, Intent to Distribute, and Cultivation

Adults 21 and older may cultivate up to six marijuana plants (no more than three mature at any one time) in their primary residence without penalty. Not-for-profit transactions involving small amounts of the substance are also permitted.

See

An offender who been convicted of distribution, manufacture, or possession with intent to distribute may be imprisoned for not more than 5 years, fined not more than $50,000, or both. For a first conviction, and offender with no prior convictions for distribution, manufacture, or possession with intent to distribute, and who was caught with ½ pounds or less of marijuana, may be imprisoned for not more than 6 months or fined not more than $1000 or both.

For a first offense: the court may, without entering a judgment of guilty and with the consent of such person, defer further proceedings and place him or her on probation upon such reasonable conditions as it may require and for such period, not to exceed one year, as the court may prescribe.

See

Distribution to a minor by a person over 21 brings a doubled penalty.

See

The enlistment of a minor to distribute a controlled substance by one who is over 21 can be punished with up to 10 years in prison and a $10,000 fine. For a second offense, an offender can be imprisoned for no longer than 20 years and fined not more than $20,000.

See

Distributing or possessing with the intent to distribute within 1000 feet of an appropriately identified public or private day care center, elementary school, vocational school, secondary school, junior college, college, or university, or any public swimming pool, playground, video arcade, youth center, or public library, or in and around public housing may bring a doubled penalty.

See

If a violation occurs after the person has been convicted the person shall be imprisoned for not more than 2 years, or fined not more than $5,000, or both.

See

Hash & Concentrates

Hashish is a Schedule II drug in Washington D.C.

See

Possession of hashish is punishable upon conviction with imprisonment for not more than 180 days and a fine of not more than $1,000.

See

Manufacturing or selling hashish is punishable, upon conviction, with imprisonment for not more than 5 years and a fine of not more than $50,000.

See

Conditional Release for 1st time offenders is available, and record expungement occurs, by request, after successful completion of the program.

See

Hash pipes, sifters, and bubble bags are paraphernalia in Washington D.C., and conviction for possession of such will lead to imprisonment for not more than 30 days and a fine for not more than $100.

See

Paraphernalia

Paraphernalia possession or sale, for any person 21 years of age or older, is permitted for the use, growing, or processing of marijuana or cannabis. Any person in violation of possession laws shall be imprisoned for not more than 30 days or fined for not more than $100, or both. Any person in violation of selling laws shall be imprisoned for not more than 6 months or fined for not more than $1,000, or both. For a subsequent violation a person shall be imprisoned for not more than 2 years, or fined not more than $5,000, or both.

See

Forfeiture

The following are subject to forfeiture:

  1. All controlled substances which have been manufactured, distributed, dispensed, or acquired in violation of this chapter;
  2. All raw materials, products, and equipment of any kind which are used, or intended for use, in manufacturing, compounding, processing, or delivering any controlled substance in violation of this chapter;
  3. All property which is used, or intended for use, as a container for said controlled substances;
  4. All conveyances, including aircraft, vehicles or vessels, which are used, or intended for use, to transport, or in any manner to facilitate the transportation, for the purpose of sale or receipt of said controlled substances;
  5. All books, records, and research products and materials, including formulas, microfilm, tapes, and data, which are used, or intended for use, in violation of drug laws;
  6. All cash or currency which has been used, or intended for use, in violation of drug laws;
  7. Everything of value furnished or intended to be furnished in exchange for a controlled substance ; and
  8. Any real property that is used or intended to be used in any manner to commit or facilitate the commission of a violation of drug laws.

See

CONDITIONAL RELEASE

The state allows conditional release or alternative or diversion sentencing for people facing their first prosecutions. Usually, conditional release lets a person opt for probation rather than trial. After successfully completing probation, the individual’s criminal record does not reflect the charge.

DRUGGED DRIVING

This state has a per se drugged driving law enacted. In their strictest form, these laws forbid drivers from operating a motor vehicle if they have a detectable level of an illicit drug or drug metabolite (i.e., compounds produced from chemical changes of a drug in the body, but not necessarily psychoactive themselves) present in their bodily fluids above a specific, state-imposed threshold. Further information about cannabinoids and their impact on psychomotor performance is available here. Additional information regarding cannabinoids and proposed per se limits is available here.

LEGALIZATION
SUMMARY

In Washington, DC, 69 percent of District voters approved Initiative 71, which removes criminal and civil penalties regarding the adult possession of up to two ounces of cannabis and/or the cultivation of up to six plants. Adults who engage in not-for-profit transactions of small quantities of cannabis or who possess marijuana-related paraphernalia are also no longer be subject to penalty under this act. I-71 does not establish a regulatory framework for the regulation of a commercial cannabis market. However, members of the DC City Council are currently considering separate legislation to regulate the commercial production and sale of marijuana to adults. (Because Washington, DC does not possess statehood, all District laws are subject to Congressional approval prior to their implementation.)

MEDICAL MARIJUANA
QUALIFYING CONDITIONS

Any debilitating condition as recommended by a DC licensed doctor

PATIENT POSSESSION LIMITS

Two ounces

HOME CULTIVATION

No

STATE-LICENSED DISPENSARIES ALLOWED

Yes, medical dispensaries may grow up to 500 plants on site at any one time. Both non-profit and for-profit organizations are eligible to operate the dispensaries.

STATE-LICENSED DISPENSARIES OPERATIONAL

Yes

MEDICAL MARIJUANA STATUTES
  • D.C. Act 13-138 §2 (3) (2010)
CAREGIVERS

Yes, a caregiver is a person designated by a qualifying patient as the person authorized to possess, obtain from a dispensary, dispense, and assist in the administration of medical marijuana. The caregiver must be 18 years of age or older. The caregiver must be registered with the Department as the qualifying patient’s caregiver. A caregiver may only serve one qualifying patient at a time.

ESTIMATED NUMBER OF REGISTERED PATIENTS
RECIPROCITY

No

Thank you, NORML.ORG for this comprehensive look at the District of Columbia’s cannabis laws.