District of Columbia Marijuana Laws

Some things are difficult to understand. Others are downright confusing and even mystifying. And then, on a completely different level, there's the District of Columbia marijuana laws. While not a state (it's a district), Washington, D.C., still has some autonomy from the federal government. The D.C. council and mayor act like a state legislature and governor, but Congress oversees D.C. laws.

The nation's capital was at the forefront of legalizing cannabis by approving medical cannabis for severe medical conditions with Initiative 59 in 1998. Dispensaries started selling medical cannabis to qualified D.C. residents who were at least 21 years of age in 2013.

In 2014, Initiative 71 followed, making possession of up to two ounces of marijuana for recreational use legal for those at least 21. Still, Initiative 71 didn't allow the sale of adult-use recreational marijuana in the District of Columbia. This was despite the legalization of possession of minimal amounts.

Scratching your head yet? In this article, we'll cut through the at-times confounding Washington, D.C., marijuana laws and help you understand what's permitted. We'll discuss how much cannabis is legal to carry, possess, and grow. We'll address the newest laws, recreational and medical use.

Together, let's untangle the snarl that is Washington, D.C., marijuana laws.

District of Columbia Marijuana Laws

Any discussion of marijuana laws in Washington, D.C., has to address the elephant in the room — the federal government. While District law permits the recreational use of legal marijuana, the Controlled Substance Act is a federal law still on the books that makes possession of marijuana illegal.

Federal officials generally don't interfere with states that have legalized cannabis in small amounts. But, they do enforce federal prohibitions on federal land. The District of Columbia has a lot of federal land, which means that what's "legal" or "permitted" changes from street to street.

While some have made efforts to remove marijuana from the act, as of May 2024, it's still a Schedule I drug under federal law. For your own sake, be aware of what you're carrying and where you are.

Buying Legal Marijuana in the District of Columbia

Despite Initiative 71 allowing the possession and use of cannabis, it's still illegal to buy recreational marijuana in Washington, D.C., thanks to Congress. For several years, Congress has attached a provision to its budget bills called the "Harris rider" that prevents the sale of recreational cannabis in D.C. While that seems counterintuitive, the ingenuity of D.C. residents resulted in a few workarounds.

Recreational cannabis may be illegal to buy in the District, but medical marijuana is available at dispensaries. The Medical Marijuana Self-Certification Emergency Amendment Act of 2022 allowed residents 21 and older to apply for medical marijuana use with self-certification instead of requiring a physician.

Gifting is also a popular method. Those seeking recreational marijuana can buy something like a T-shirt or a sticker at a store, which then gives them a "gift" of a marijuana product as a bonus for their purchase. This works well, but the District has encouraged I-71 stores to apply for medical marijuana dispensary licenses while taking steps to punish those who don't.

Using Marijuana in the District of Columbia

In Washington, D.C., it's illegal to use any marijuana products in public. Recreational and medical marijuana use is legal on private property with the owner's permission.

In another development, the District's Summer Garden program hopes to begin in the Summer of 2024. The 2022 D.C. Medical Cannabis bill allows retailers who get the proper license from the Alcohol Beverage and Cannabis Administration (ABCA) to host medical cannabis users at a social venue. The following conditions will apply:

• Retailers can serve food and non-alcoholic drinks
• Retailers can be open between 8 a.m. and midnight
• Retailers can play ambient music but can't allow live entertainment
• Retailers can apply for an Education Tasting Endorsement that allows cooking classes, how-to classes, and tastings

As of May 2024, there have been two applications received, and they are awaiting approval.

Possessing/Cultivating Marijuana in the District of Columbia

Initiative 71 did more than make it legal to possess marijuana. Besides being allowed to have up to two ounces of cannabis, it also allows two users who are both over 21 to share up to an ounce of a cannabis product. This includes the equivalent amount of concentrate, edibles, tinctures, and other products with THC.

You can also grow cannabis plants for personal use. You can have up to six plants in your home, three of which may be mature. If you have more than one qualified adult-use or medical marijuana patient in the house, there can be a limit of 12 plants, six of which can be mature.

Under D.C. law, cannabis is a Schedule III drug. This can help lower the potential penalties for those who violate the law.

Expunging Marijuana Convictions in the District of Columbia

In 2023, B24-0063, The Second Chance Amendment Act of 2021, passed congressional review and became law in D.C. This legislation called for the examination and automatic expungement of any convictions based on marijuana charges that were no longer laws. The passing of I-71 caused an 88% decrease in marijuana-related arrests in a year.

Summary of District of Columbia Marijuana Law Penalties

It's still possible to get in serious trouble for marijuana law violations in Washington, D.C. A person can still get arrested and charged for:

• Selling any amount of marijuana to another person
• Possessing more than two ounces of marijuana
• Operating a vehicle or boat under the influence of marijuana
• Smoking, eating, or drinking marijuana — or holding or carrying a lighted roll of paper or other lighted smoking equipment filled with marijuana – in any public space, such as on any street, sidewalk, alley, park, or parking area (even in a vehicle), or any place to which the public is invited, like a bar or restaurant.

Details about D.C.'s marijuana laws are in the table below. For more information, see Medical Marijuana Laws by State and FindLaw's Drug Charges section.

Note: State laws are subject to change through the passage of new legislation and rulings in the higher courts that include federal decisions, ballot initiatives, and other means. While we strive to provide the most current information available, please consult a D.C. criminal defense attorney or conduct independent legal research to verify the status of any particular state law(s) you are reviewing.

D.C. Marijuana Laws: Related Resources

• D.C. Code
• Office of the D.C. Attorney General — FAQ on Marijuana laws.
• Official State Codes — Links to the official online statutes (laws) in all 50 states and D.C.
• Medical Marijuana Overview
• Marijuana Legalization and Decriminalization Overview
• Cannabis Law

Facing a District of Columbia Marijuana Charge? Speak With an Attorney

Cannabis may be legal in the District of Columbia, but it's possible to run afoul of law enforcement with your use of marijuana. While Washington, D.C., lawmakers continue to tinker with the laws around the legalization of marijuana, laws in neighboring jurisdictions like Maryland and Virginia may be quite different. Ignorance of the law is not an excuse.

If you have questions about how your situation aligns with current law, consider consulting a D.C. criminal defense attorney. They know what legal protections may apply to your case and can help assess your circumstances.