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Washinton DC Marijuana Penalties

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Washington DC Legalization

SUMMARY: In Washington DC, 69 percent of District voters approved Initiative 71, which removes criminal and civil penalties regarding the adult possession of up to two ounces of cannabis and/or the cultivation of up to six plants. Adults who engage in not-for-profit transactions of small quantities of cannabis or who possess marijuana-related paraphernalia are also no longer be subject to penalty under this act. I-71 does not establish a regulatory framework for the regulation of a commercial cannabis market. However, members of the DC City Council are currently considering separate legislation to regulate the commercial production and sale of marijuana to adults. (Because Washington, DC does not possess statehood, all District laws are subject to Congressional approval prior to their implementation.)

Washington DC Marijuana Penalties

Offense Penalty Incarceration   Max. Fine  

Possession

2 oz or less* None None $ 0
6 plants or less* None None $ 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.

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