Marijuana possession for personal use, sale, and manufacture are regulated by both state and federal law. The District of Columbia, like other states, classifies drugs according to their capacity to cause harm and their degree of possible legitimate use. Schedule I drugs are the most dangerous and have no legitimate use. In DC, marijuana is classed as a Schedule III controlled substance, which means that marijuana has a high potential for abuse, and may lead to dependence, but that it also has a currently accepted medical use. (DC Food & Drugs Code § 48-902.08.)
There may be some exceptions to the following laws for medical marijuana possession and use. And, while not covered below, it is also a crime to drive under the influence of marijuana in DC.
To learn more about DC DUI marijuana laws, see District of Columbia DUI Marijuana Laws.
To learn about DC's medical marijuana laws, see District of Columbia Medical Marijuana Laws.
Possession of Marijuana for Personal Use
It is illegal to knowingly or intentionally possess marijuana in for personal use. (DC Food & Drugs Code § 48-904.01(d)(1).) Someone who knowingly or intentionally possesses marijuana is guilty of a misdemeanor, punishable with up to 180 days in jail, a fine of up to $1,000, or both. (DC Food & Drugs Code § 48-904.01(d)(1).)
“First Offender” program for first time possession offenses. Defendants who have no prior convictions for possession (and who have not already taken part in the “first offender” program) may, with their consent, be placed by the judge on probation for up to a year instead of suffering the penalties described above. The judge may impose conditions on the probation (such as community service or participation in a drug education program), which the defendant must meet while maintaining a clear record of other offenses during the time of probation. After successful completion, the judge will dismiss the charges. This program allows defendants to have the offense cleared from their criminal records, although the court will maintain a nonpublic record of the probation, which prosecutors will consult should the defendant apply in the future for first-offender treatment. (DC Food & Drugs Code § 48-904.01(e)(1)&(2).)
Manufacture, Distribution, or Possession with Intent to Manufacture or Distribute
A person may not manufacture or distribute marijuana (or possess marijuana with the intent to do so). (DC Food & Drugs Code § 48-904.01(a)(1).)Violators are punished according to the amount of marijuana involved, and whether the person has been convicted of this crime before. Special penalties apply for violations in a drug free zone and those involving minors.
- One half pound or less, first conviction. The defendant will face up to 180 days in jail, a fine of up to $1,000, or both. (DC Food & Drugs Code § 48-904.01(a)(2)(b)).
- More than one half pound, or second and subsequent convictions with any amount. These defendants may be imprisoned for up to five years, fined up to $50,000, or both. (DC Food & Drugs Code § 48-904.01(a)(2)(b)).
Distribution within a drug free zone
A drug free zone is an area within 1,000 feet of a school, public swimming pool, playground, youth center, public library, or public housing, which is designated with a sign identifying the area as such. Violations within a drug free zone are subject to twice the penalties described above. So, for example, a violator who sells more than half a pound of marijuana within 1,000 feet of a drug free zone would be subject to up to ten years in prison, fined up to $100,000, or both. (DC Food & Drugs Code § 48-904.07a(a)&(b).)
Distribution to Minors
An adult older than 21 may not sell marijuana to a minor younger than 18. Violators may be imprisoned for up to ten years, fined up to $100,000, or both. (DC Food & Drugs Code § 48-904.06(b).)
Drug Paraphernalia
It is illegal in DC to possess or sell drug paraphernalia, including pipes, bongs, and even marijuana growing supplies. Penalties vary according to the violation.
- Possession. A violation is a misdemeanor, punishable with up to 30 days in jail, a $100 fine, or both.
- Sale to an adult. Selling paraphernalia to an adult older than 18 is a misdemeanor, punishable with up to six months in jail, a fine of up to $1,000, or both.
- Sale to a minor. Selling paraphernalia to a minor who is 18 years old or younger is a felony. Violators will face up to eight years in prison, a fine of up to $15,000, or both.
The Value of Local Legal Representation
If you have been charged with a marijuana-related offense, consult an experienced criminal defense attorney. While the penalties and consequences of a marijuana charge are governed by statutory law, only a local criminal defense attorney can tell you how cases like yours tend to be handled by prosecutors and judges in your courthouse.
