| Offense | Penalty | Incarceration | Max. Fine |
|---|---|---|---|
| Possession | |||
| 2 oz or less* | None | None | $ 0 |
| 6 plants or less* | None | None | $ 0 |
| Public use | Misdemeanor | Cite and release | $ 0 |
| More than 2 oz | Misdemeanor | 6 months | $ 1,000 |
| *Initiative 71, which took effect on 2/26/15, permits adults 21 years of age or older to possess up to two ounces of marijuana in one’s primary residence without penalty. Transfer without payment (but not sell) up to one ounce of marijuana to another person 21 years of age or older is also permitted. Provided that all persons residing within a single house or single rental unit may not grow more than twelve cannabis plants, with six or fewer being mature, flowering plants. | |||
| Sale, Distribution, Intent to Distribute, and Cultivation | |||
| 6 plants or less* | None | None | $ 0 |
| 1/2 lb or less(first offense) | Not Classified | 6 months | $ 1,000 |
| Subsequent offense | Not Classified | 2 years | $ 5,000 |
| Any amount | Not Classified | 5 years | $ 50,000 |
| *Initiative 71, which took effect on 2/26/15, permits adults 21 years of age or older to cultivate no more than six plants (with three or fewer mature at any one time) in one’s primary residence without penalty. Provided that all persons residing within a single house or single rental unit may not grow more than twelve cannabis plants, with six or fewer being mature, flowering plants. | |||
| Involving a minor by a person over 21 brings additional penalty and/or fine. | |||
| Within 1000 feet of an appropriately identified public or private day care center, elementary school, vocational school, secondary school, junior college, college, or university, or any public swimming pool, playground, video arcade, youth center, or public library, or in and around public housing may bring a doubled penalty. | |||
| Hash & Concentrates | |||
| Possession | N/A | 180 days | $ 1,000 |
| Manufacture | N/A | 5 years | $ 50,000 |
| Paraphernalia | |||
| Possession or sale of paraphernalia 21 years and up | None | None | $ 0 |
| Possession of paraphernalia under 21 years | None | 30 days | $ 100 |
| Sale of paraphernalia | None | 6 months | $ 1,000 |
| Sale of paraphernalia subsequent offense | None | 2 years | $ 5,000 |
| Forfeiture | |||
| All substances, raw materials, products, equipment, property, vehicles, research products, paraphernalia, money and other assets can be seized. |
Penalty Details
Possession
Adults 21 years of age or older may possess up to two ounces of marijuana and cultivate no more than six plants (with three or fewer mature at any one time) in their primary residence without penalty. Transfer without payment (but not sell) up to one ounce of marijuana to another person 21 years of age or older is also permitted.
- Ballot Initiative 71 Web Search
Public use of marijuana is a misdemeanor but will generally be handled through a cite and release procedure.
Unless marijuana was obtained through a doctor’s recommendation, intentional or knowing possession of more than two ounces of marijuana is a misdemeanor with a penalty of incarceration of up to 6 months and a fine of not more than $1,000.
For a first offense: the court may, without entering a judgment of guilty and with the consent of such person, defer further proceedings and place him or her on probation upon such reasonable conditions as it may require and for such period, not to exceed one year, as the court may prescribe. This action does not qualify as a conviction.
- D.C. Code § 48-904.01 Web Search
Sale, Distribution, Intent to Distribute, and Cultivation
Adults 21 and older may cultivate up to six marijuana plants (no more than three mature at any one time) in their primary residence without penalty. Not-for-profit transactions involving small amounts of the substance are also permitted.
- Ballot Initiative 71 Web Search
An offender who been convicted of distribution, manufacture, or possession with intent to distribute may be imprisoned for not more than 5 years, fined not more than $50,000, or both. For a first conviction, and offender with no prior convictions for distribution, manufacture, or possession with intent to distribute, and who was caught with ½ pounds or less of marijuana, may be imprisoned for not more than 6 months or fined not more than $1000 or both.
For a first offense: the court may, without entering a judgment of guilty and with the consent of such person, defer further proceedings and place him or her on probation upon such reasonable conditions as it may require and for such period, not to exceed one year, as the court may prescribe.
- D.C. Code § 48-904.01 Web Search
Distribution to a minor by a person over 21 brings a doubled penalty.
- § 48-904.06 (b) Web Search
The enlistment of a minor to distribute a controlled substance by one who is over 21 can be punished with up to 10 years in prison and a $10,000 fine. For a second offense, an offender can be imprisoned for no longer than 20 years and fined not more than $20,000.
- D.C. Code §48-904.07 (b) Web Search
Distributing or possessing with the intent to distribute within 1000 feet of an appropriately identified public or private day care center, elementary school, vocational school, secondary school, junior college, college, or university, or any public swimming pool, playground, video arcade, youth center, or public library, or in and around public housing may bring a doubled penalty.
- D.C. Code §48-904.07a Web Search
If a violation occurs after the person has been convicted the person shall be imprisoned for not more than 2 years, or fined not more than $5,000, or both.
- Ballot Initiative 71 Web Search
Hash & Concentrates
Hashish is a Schedule II drug in Washington D.C.
- D.C. Code § 48-902.06(F) Web Search
Possession of hashish is punishable upon conviction with imprisonment for not more than 180 days and a fine of not more than $1,000.
- D.C. Code § 48-904.01(d)(1) Web Search
Manufacturing or selling hashish is punishable, upon conviction, with imprisonment for not more than 5 years and a fine of not more than $50,000.
- D.C. Code § 48-904.01(a) Web Search
Conditional Release for 1st time offenders is available, and record expungement occurs, by request, after successful completion of the program.
- D.C. Code § 48-904.01(e)(1) Web Search
Hash pipes, sifters, and bubble bags are paraphernalia in Washington D.C., and conviction for possession of such will lead to imprisonment for not more than 30 days and a fine for not more than $100.
- D.C. Code § 48-1101(3) Web Search
- D.C. Code § 48-1103(a) Web Search
Paraphernalia
Paraphernalia possession or sale, for any person 21 years of age or older, is permitted for the use, growing, or processing of marijuana or cannabis. Any person in violation of possession laws shall be imprisoned for not more than 30 days or fined for not more than $100, or both. Any person in violation of selling laws shall be imprisoned for not more than 6 months or fined for not more than $1,000, or both. For a subsequent violation a person shall be imprisoned for not more than 2 years, or fined not more than $5,000, or both.
- Ballot Initiative 71 Web Search
Forfeiture
The following are subject to forfeiture:
- All controlled substances which have been manufactured, distributed, dispensed, or acquired in violation of this chapter;
- All raw materials, products, and equipment of any kind which are used, or intended for use, in manufacturing, compounding, processing, or delivering any controlled substance in violation of this chapter;
- All property which is used, or intended for use, as a container for said controlled substances;
- All conveyances, including aircraft, vehicles or vessels, which are used, or intended for use, to transport, or in any manner to facilitate the transportation, for the purpose of sale or receipt of said controlled substances;
- All books, records, and research products and materials, including formulas, microfilm, tapes, and data, which are used, or intended for use, in violation of drug laws;
- All cash or currency which has been used, or intended for use, in violation of drug laws;
- Everything of value furnished or intended to be furnished in exchange for a controlled substance ; and
- Any real property that is used or intended to be used in any manner to commit or facilitate the commission of a violation of drug laws.
- D.C. Code §48-905.02 Web Search
More Information
CONDITIONAL RELEASE
The state allows conditional release or alternative or diversion sentencing for people facing their first prosecutions. Usually, conditional release lets a person opt for probation rather than trial. After successfully completing probation, the individual’s criminal record does not reflect the charge.
DRUGGED DRIVING
Every state criminalizes driving under the influence of a controlled substance. Some jurisdictions also impose additional per se laws. In their strictest form, these laws forbid drivers from operating a motor vehicle if they have a detectable level of an illicit drug or drug metabolite (i.e., compounds produced from chemical changes of a drug in the body, but not necessarily psychoactive themselves) present in their bodily fluids above a specific, state-imposed threshold. Read further information about cannabinoids and their impact on psychomotor performance. Additional information regarding cannabinoids and proposed per se limits is available online.
LEGALIZATION
Generally, legalization means a policy that supports a legally controlled market for marijuana, where consumers can buy marijuana for personal use from a safe legal source.
MEDICAL MARIJUANA
This state has medical marijuana laws enacted. Modern research suggests that cannabis is a valuable aid in the treatment of a wide range of clinical applications. These include pain relief, nausea, spasticity, glaucoma, and movement disorders. Marijuana is also a powerful appetite stimulant and emerging research suggests that marijuana’s medicinal properties may protect the body against some types of malignant tumors, and are neuroprotective.
