District of Columbia Drug Cultivation and Distribution Laws
By Lyle Therese A. Hilotin-Lee, J.D. | Legally reviewed by Laura Temme, Esq. | Last reviewed December 20, 2024
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In the District of Columbia, it is illegal to knowingly:
Make or sell controlled substances
Possess a controlled substance with intent to manufacture, deliver, or sell the controlled substance
But, changes to the law surrounding marijuana use in D.C. make understanding the district's drug cultivation and distribution laws more difficult. For other drugs, charges and penalties vary widely based on the type of substance and other factors.
This article examines drug laws in the District of Columbia, with a focus on cultivation and distribution.
Definition of Manufacturing or Cultivation of Drugs
Manufacturing encompasses a wide range of activities related to the processing and creation of controlled substances. This includes not only the production of drugs but also preparation and other forms of processing.
Washington D.C. laws and the Controlled Substances Act consider both synthetic chemical processes and natural extraction methods. They also include repackaging, labeling, or relabeling of controlled substances.
But, the D.C. Code does not explicitly define cultivation. It considers “cultivation” part of a broader concept of growing or nurturing plants classified as controlled substances.
Classification of Controlled Substances in the District of Columbia
The District of Columbia classifies controlled substances by "schedules." The schedules range on a scale of I- V.
Schedule I is the most dangerous level with a high risk of addiction.
Schedule V represents the least dangerous level with the lowest risk of abuse potential.
There have been efforts to change the classification of marijuana as a Schedule I substance. But it remains that way even though it's treated differently than other Schedule I substances, particularly in relation to medical marijuana use.
Schedule I substances have a high risk for drug abuse and no accepted medical use. This includes drugs like LSD and heroin.
Schedule II controlled substances are those with a high potential for drug abuse but have accepted medical use. This includes drugs like methamphetamine and cocaine.
Schedule III substances are those with low risk for psychological and physical dependence. This includes drugs like anabolic steroids.
Schedule IV drugs are those that have a risk for drug abuse and drug dependence. It includes drugs such as Valium and Xanax.
Schedule V substances are those with the lowest risk for drug abuse. This includes cough preparation drugs that contain low amounts of codeine.
Marijuana Cultivation in the District of Columbia
In D.C., growing a certain number of cannabis plants in your backyard could lead to legal consequences. These penalties exist despite the relatively relaxed marijuana laws in the district. Bu, in recent years, the district has seen a significant shift toward the legalization of the cultivation of cannabis plants.
The following actions related to the use of marijuana are legal under D.C. law:
Possession of up to 2 ounces of marijuana or less for personal use
Non-payment transfer of 1 oz. or less to another individual who is at least 21 years old.
Cultivation within an individual's residence of up to 6 marijuana plants, with 3 or fewer mature, flowering plants.
The laws in the District of Columbia legalize the possession of marijuana in minimal amounts and allow for limited cultivation. It is lawful to possess, grow, harvest, or process limited amounts of marijuana for personal use.
Penalties for Cultivation and Distribution of Controlled Substance
The criminal penalties for violating these laws vary depending on the type and amount of drug involved. The violation can range from a misdemeanor to a felony. The table below summarizes the penalties for conviction of cultivation or distribution of different types of drugs.
Drug Classification
|
Penalty
|
Schedule I or II narcotics or "abusive" drugs |
Up to 30 years of prison sentence, fines up to $75,000, or both |
All other drugs from Schedule I, II, or III |
Up to five years of imprisonment or fines of up to $12,500 or both But, for marijuana (cannabis), the penalty for manufacturing, distribution, or possession with intent to distribute half a pound or less, the penalty is imprisonment of up to 180 days or a fine outlined in Section 22-3571.01 or both. |
Schedule IV |
Imprisonment of up to three years or fines of up to $12,500 or both |
| Schedule V | Imprisonment of up to one year or fines of up to $2,500 or both |
| Aggravating Factors | The following circumstances enhance the penalties for these drug offenses if the offender is:
|
Note: State laws are subject to change. While we strive to provide the most current information and sentencing guidelines, it is best to consult an attorney for help determining how these laws might apply to your unique circumstances.
Contact a Criminal Defense Attorney
Washington D.C. Code and other federal laws related to controlled substances are complex and constantly evolving. The consequences of violating these criminal offenses can be severe and could have life-altering consequences.
Seeking legal advice from a criminal defense attorney is crucial. They can evaluate the specifics of your case and identify possible legal defenses. They can help protect your rights and represent you in court. FindLaw offers a directory of criminal defense lawyers near you. You can contact them today for a consultation about your case.
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