Marijuana Possession Penalties In DC – In recent years, the discourse surrounding marijuana laws in Washington DC has shifted significantly, with many states and jurisdictions reevaluating their stance on its possession and use. One such jurisdiction is Washington, D.C., where the legalization of recreational marijuana has opened up a new chapter in drug policy. However, it is important to note that despite the progressive approach to marijuana, there are still penalties in place for its unlawful possession.
This article aims to shed light on the marijuana possession penalties in DC, providing a comprehensive understanding of the legal framework surrounding this controversial substance.
Since Initiative 71 passed in 2014, adults aged 21 and older in Washington, D.C., have been allowed to possess up to two ounces of marijuana for personal use. Additionally, the law permits individuals to cultivate up to six marijuana plants at home, with no more than three plants being mature or flowering at any given time. These measures reflect a growing recognition of marijuana as a relatively benign substance when used responsibly.
However, it is essential to recognize that there are still restrictions and consequences associated with marijuana possession in the District of Columbia. Understanding the nuances of these penalties is crucial for residents and visitors alike to ensure compliance with the law and avoid potentially serious legal repercussions.
In this article, Eastcoastlaws.com will delve into the various possession penalties based on quantity and context, explore the potential criminal and civil ramifications, and outline the consequences for minors found in possession of marijuana. Additionally, we will discuss the impact of recent legislative changes and initiatives that aim to further reform the marijuana possession laws in Washington, D.C.
By providing a comprehensive overview of the marijuana possession penalties in DC, this article aims to equip readers with the knowledge needed to navigate the legal landscape and make informed decisions regarding marijuana possession. Understanding these laws and their implications is crucial for individuals who wish to exercise their rights responsibly while ensuring compliance with local regulations.
Marijuana Possession Penalties In DC
| 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 |
| 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 |
- Involving a minor by a person over 21 brings additional penalty and/or fine.
A doubled fine may be applied if the offense occurs within 1000 feet of any properly designated public or private daycare facility, elementary school, vocational school, secondary school, junior college, college, or university, public pool, playground, video arcade, youth center, or public library, or in or near public housing.
| 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
Individuals who are 21 years of age or older in Washington, DC, are allowed to possess up to two ounces of marijuana and cultivate a maximum of six plants in their primary residence. Of the six plants, only three or fewer can be mature at any given time. Possessing and transferring up to one ounce of marijuana to another individual who is 21 years or older, without any monetary exchange, is also permitted.
Engaging in public use of marijuana is considered a misdemeanor offense, typically handled through a cite-and-release procedure.
However, it is important to note that unless marijuana was obtained through a doctor’s recommendation, intentional or knowing possession of more than two ounces of marijuana is considered a misdemeanor. The penalties for such an offense may include a maximum of six months of incarceration and a fine not exceeding $1,000.
For a first offense, the court has the option to defer further proceedings and place the individual on probation, provided that the person consents. This probation can be subject to reasonable conditions imposed by the court for a period not exceeding one year. It’s worth noting that this action does not result in a conviction.
It is advisable to familiarize oneself with the specific regulations and legal requirements surrounding marijuana possession and cultivation in Washington, DC, as they may be subject to change. Consulting with a knowledgeable attorney is recommended to ensure accurate understanding and proper adherence to the relevant laws.
Sale, Distribution, Intent to Distribute, and Cultivation
Individuals aged 21 and above have the freedom to cultivate a maximum of six marijuana plants in their primary residence, ensuring that no more than three of them are mature at any given time. Such cultivation is permitted without incurring any penalties. Additionally, non-profit transactions involving small quantities of marijuana are also allowed.
As per Ballot Initiative 71, individuals found guilty of distributing, manufacturing, or possessing marijuana with the intent to distribute may face a maximum imprisonment term of five years, a fine of up to $50,000, or both. However, for a first conviction where the offender has no prior convictions related to distribution, manufacture, or possession with intent to distribute, and the quantity of marijuana involved is half a pound or less, the imprisonment term may not exceed six months, and the fine may not exceed $1,000, or both.
In the case of a first offense, the court has the option to withhold entering a judgment of guilt, subject to the individual’s consent. Instead, the court may place the person on probation under reasonable conditions determined by the court for a duration of up to one year.
According to D.C. Code § 48-904.01, if an individual over the age of 21 distributes marijuana to a minor, the penalty will be doubled.
Under § 48-904.06 (b), if a person aged 21 or older involves a minor in distributing a controlled substance, they may face a sentence of up to 10 years in prison and a fine of $10,000. For a second offense, the offender may be imprisoned for a maximum of 20 years and fined up to $20,000.
D.C. Code §48-904.07 (b) states that distributing or possessing marijuana with the intent to distribute within 1000 feet of certain identified locations, such as daycare centers, schools, colleges, public pools, playgrounds, arcades, youth centers, public libraries, or in and around public housing, may result in a doubled penalty.
If an individual commits a violation after a prior conviction, they may be sentenced to imprisonment for a maximum of two years, fined up to $5,000, or both, as outlined by D.C. Code §48-904.07a.
Hash & Concentrates
Hashish is a Schedule II drug in Washington D.C.
- D.C. Code § 48-902.06(F)
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)
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)
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)
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)
- D.C. Code § 48-1103(a)
Paraphernalia
Any anyone over the age of 21 may possess or sell paraphernalia for the use, cultivation, or processing of marijuana or cannabis. Any person who violates a possession statute faces a maximum sentence of 30 days in jail, a maximum fine of $100, or both. Any individual who violates selling laws faces a maximum sentence of six months in prison, a maximum fine of $1,000, or both. For a subsequent offense, a person faces a maximum 2-year prison sentence, a maximum $5,000 fine, or both.
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