District of Columbia Marijuana Laws

Cannabis is now legal for both medical and recreational use in Washington, D.C. Voters there approved legalization in November 2014, shortly after the District partially decriminalized the drug.

The future of legalization is unsettled in the District of Columbia. It is legal to possess and cultivate small amounts of cannabis, but buying or selling the drug remains illegal.

District of Columbia Marijuana Attorneys

The following District of Columbia lawyers are actively involved in the practice of cannabis law:

DC_sultonlaw
DC_shortlaw

LAW BREAKDOWN

Simple Possession

Possession of up to 2 ounces of marijuana is allowed in the District. The law also permits gifting of up to 1 ounce as long as nothing else of value changes hands. Possession of more than 2 ounces, on the other hand, is a misdemeanor punishable by up to 6 months in jail and $1,000 in fines.

Cultivation, Sale, Distribution, and Possession with Intent

District residents may legally grow up to six plants at home, with no more than three mature at any time. The law also defines a limit of 12 plants, with no more than six mature at once, in a single accomodation unit, regardless of the number of people living there.

Cultivation, sale, distribution, and possession with intent to distribute less than half a pound all carry a maximum penalty of 6 months in jail and $1,000 in fines on a first offense. The maximum penalty increases to 2 years in prison and $5,000 in fines on a subsequent conviction.

Cultivation, sale, distribution, and possession with intent to distribute any amount of marijuana greater than half a pound is punishable by up to 5 years in prison and a maximum fine of $50,000. Additional penalties are issued for any such offense committed by an adult over 21 that involves a child or teenager.

Cultivation, sale, distribution, and possession with intent to distribute all carry double penalties when committed within 1,000 feet of a day care center, elementary school, secondary school, vocational school, junior college, college, university, public swimming pool, playground, video arcade, youth recreational center or public library. The same is true of offenses committed on or near a public housing project.

Hash and Concentrates

Possession of small amounts of hashish or liquid marijuana concentrates, such as hash oil, is legal. Under previous law, possession of these substances could bring a penalty up to 180 days in jail and $1,000 in fines. Manufacture of these substances is punishable by up to 5 years in prison and $50,000 in fines.

Paraphernalia

Possession and sale of cannabis paraphernalia are both legal for any person aged 21 or over in Washington, D.C., thanks to the ballot initiative that legalized marijuana in the District.

Possession and use. Any violation of paraphernalia possession laws can result in imprisonment of up to 30 days, and fines of no more than $100.

Sale and distribution. Sale of paraphernalia is legal in D.C. Any person acting in violation of selling laws can be punished by up to six months in jail, $1,000 in fines, or both. For a subsequent offense, the penalty is up to two years in prison, a maximum $5,000 fine, or both.

MEDICAL MARIJUANA

The “Legalization of Marijuana for Medical Treatment Amendment Act of 2010” was signed into law in 2010, allowing qualifying patients access to marijuana. The program has since been amended allowing physicians to recommend the medicinal use of marijuana for any condition they feel will benefit from its use.

Qualifying conditions – Any debilitating condition as recommended by a DC-licensed physician

Patient possession limits – Two ounces

Home cultivation – No

State-licensed dispensaries – Yes. Medical dispensaries are permitted to grow up to 500 marijuana plants on site at any one time. Dispensaries can be operated by both non-profit and for-profit organizations.

Caregivers – Yes. A qualifying patient may designate a person as a caregiver authorized to possess, obtain from a dispensary, and help to administer medical marijuana. The caregiver must be at least 18 years of age and must be registered with the Department of Health as the patient’s dedicated caregiver.

Reciprocity – No

Contact informationDC City Council Committee on Health, DC Department of Health

PENALTIES

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.