Possession of a Controlled Substance in the District of Columbia

Although every state regulates and controls the possession of controlled dangerous substances (CDS), each differs in its definition of CDS and how it penalizes their sale. The District of Columbia (D.C.) classifies not only well-known drugs like marijuana, heroin and cocaine as controlled substances, but also the compounds used to manufacture them.

Some controlled substances, like hydrocodone, may be legally possessed with a valid prescription.

This article concerns the possession of CDS for personal only. Separate punishments apply to the sale of CDS. For information about the penalties for sale of CDS, see Sale of a Controlled Substance in the District of Columbia.

Penalties For The Possession Of CDS For Personal Use

In D.C., the possession of CDS for personal use is either a misdemeanor or a felony, depending on the type of CDS involved in the crime. Misdemeanors are less serious than felonies, and face minimal incarceration and lower fines that felonies.

Both misdemeanor and felony possession convictions require proof that the defendant knowingly and intentionally possessed the CDS.

Misdemeanor possession

A conviction for possession of CDS for personal use, other than PCP in a liquid form, is a misdemeanor punishable by a period of incarceration of up to 180 days, a fine of up to $1,000, or both.

Marijuana possession is a misdemeanor. For more detail, see Possession of Marijuana in D.C.

Felony possession

A conviction for the possession of PCP in a liquid form is a felony punishable by a period of incarceration of up to three years, a fine of up to $3,000, or both.

(D.C. Code Section 48-904.01.)

First Time Offenders

D.C. offers first-time offenders the choice to delay further criminal proceedings and enter into a one-year period of probation, in lieu of a guilty finding.

Probation before judgment. If a defendant has never been convicted of a CDS related crime in D.C. or under any other law of the United States, the court may impose a period of probation for up to one year and withhold a guilty finding. If the defendant does not violate the probation, the court may dismiss the related charges.

Violation of probation before judgment. If the defendant violates any condition of the probation, the court may enter a guilty finding and proceed with sentencing.

(D.C. Code Section 48-904.01.)

Repeat Offenders

The conviction of a second, or subsequent, possession of CDS offense is punishable by up to twice the penalty permitted for the underlying crime.

(D.C. Code Section 48-904-08.)

Drug Paraphernalia

The possession of a hypodermic needle, syringe, or other instrument that contains even a trace amount of CDS, other than by a medical professional during the course of duty, with the intent to administer the substance to a human being, is punishable an incarceration period of up to 180 days, a fine of up to $1,000, or both.

(D.C. Code Section 48-904-10.)

Attempt Or Conspiracy To Commit A CDS Crime

The attempt, or conspiracy to commit, any CDS crime is punishable by a period of incarceration, fine, or both, up to the maximum sentence permitted for the actual commission of the underlying crime.

(D.C. Code Section 48-904-09.)

Talk To a Lawyer

A conviction for the possession of CDS has long-term consequences. In order to understand the charges you face, their possible penalties, and your options for how to proceed, you should consult an attorney who is experienced in defending CDS related crimes.