What You Need to Know About Possessing Marijuana in the District of Columbia

            The District of Columbia (DC) is a jurisdiction that operates as a state but is interwoven with federal property where federal law applies. This is why it is important for you to understand DC’s marijuana laws to avoid exposing yourself to criminal liability. DC law does not apply once you set foot onto federal property. In addition, Rock Creek Park and the Metro are also places where the possession of marijuana is prohibited.

District of Columbia

Marijuana possession:

In DC, a person 21 years or older may possess, purchase, or transport two ounces or less of marijuana. Possession of more than two ounces of marijuana by anyone, regardless, of age, is still a criminal offense unless you possess a valid medical marijuana card. In addition, any person 21 years or older may possess, grow, harvest, or process within their principal residence no more than six cannabis plants. Note that DC has only legalized the possession of two ounces or less of marijuana. So, if you are in possession of more than two ounces, then you may be found guilty of a misdemeanor and may be imprisoned up to 180 days, fined $1,000, or both[ML1] . In addition, possession of marijuana with the intent to distribute and the distribution of marijuana, regardless of the amount, are still prohibited under DC law. If you are found committing either of the two mentioned crimes, you are subject to no more than 5 years in prison, up to $12,500 in fines, or both.

Transfer of marijuana between adults:

 The transfer of marijuana between adults 21 and older of one ounce or less of marijuana is lawful. The transfer of more than one ounce is still unlawful.

Medical marijuana:

DC acknowledges medical marijuana in a separate law, allowing medical marijuana to be consumed only at permitted areas, such as a patient’s home, another person’s home with permission, or medical facility. DC limits the possession of medical marijuana to eight ounces. Those who have an out-of-state, valid medical marijuana card may also possess and manage medical marijuana in DC.

Prohibition on smoking marijuana in public:

Whether you are smoking marijuana for medical or recreational purposes, DC still prohibits individuals from smoking in public areas. Public areas include a street, alley, sidewalk, parking area, in a vehicle in the mentioned areas, or any place where the public is welcomed. The punishment for smoking marijuana in a public area includes imprisonment up to 60 days, up to $500 in fines, or both.

Under 21:

Although DC has legalized medical marijuana and limited amounts of recreational marijuana, people under the age of 21 are still prohibited from possessing marijuana for recreational use. If you are under 21 years old and you are found in possession of less than two ounces of marijuana, you will be subject to a civil penalty of $25 and the marijuana will be seized. A person under 18 who possesses marijuana is subject to a civil penalty of $25. The Office of Administrative Hearings will mail a copy of the citation to the parent or guardian of the minor.  

Federal Law:

Although we see DC and other states legalizing possession of marijuana, possession of marijuana is still unlawful pursuant to federal law. The federal government prohibits any person from “knowingly or intentionally” possessing a controlled substance, including marijuana, unless the person obtained the substance through a valid prescription. If you are found in possession of marijuana, without any prior drug convictions, you will be subject to a year in prison, fined a minimum of $1,000, or both. However, if have a prior conviction, then you will be subject up to two years in prison, fined a minimum of $2,000, or both. The penalties are higher for possession with the intent to distribute and distribution of marijuana.

HERE is a non-exhaustive list of federal properties that you should keep in mind when carrying marijuana. Such properties include the National Mall, the White House, the federal agency buildings, etc.

It is important to understand that while DC permits people to possess marijuana, there are areas within the District that follow federal law, prohibiting and penalizing any individual found with marijuana on its property. Rock Creek Park is one such place, because it is designated as a national park and federal law applies.

President Biden’s Pardon on Possession of Marijuana:

On October 6, 2022, President Joseph R. Biden Jr.’s proclamation granted pardons for offenses related to the simple possession of marijuana committed at the federal level or in DC. To qualify for the pardon, you must be a U.S. citizen or a lawful permanent resident (“LPR”) who committed the offense of simple possession of marijuana or attempted possession of marijuana under the Controlled Substances Act (§21 U.S.C. 844) or DC Code §48-904.01(d)(1). You must have been charged, prosecuted, or convicted on or before the date of the proclamation. The pardon is not extended to other offenses related to marijuana or other controlled substances. You may review and/or apply for the pardon through the Department of Justice’s website by clicking HERE.

Consult with an attorney:

If you or someone you know is charged with a marijuana-related crime, it is important to consult with an experienced criminal defense attorney to preserve your rights and assist you throughout the process. Please contact our office to speak with a criminal defense attorney. These convictions carry collateral consequences that may affect immigration, employment, and receipt of public assistance.