DPA Fact Sheet District of Columbia Marijuana Decriminalization Law

For additional information, contact Grant Smith at [email protected]
or 202-683-2984

D.C.’s Marijuana
Decriminalization Law: What
You Need to Know

July 17, 2014

On Thursday, July 17, 2014, the
“Marijuana Possession Decriminalization
Amendment Act of 2014 (D.C. Act 20-
305)” took effect in the District of
Columbia, making possession of
marijuana punishable by a $25 fine
instead of jail time. This new law will
enhance civil rights in the District of
Columbia by reducing racial disparities in
arrest rates for marijuana possession.

What are the changes to D.C.’s marijuana
laws?
D.C.’s new marijuana decriminalization law
eliminates criminal penalties under District
law for the possession of up to one ounce of
marijuana. Prior to July 17, a person caught
with up to an ounce of marijuana could face
up to 180 days of incarceration and/or up to
a $1,000 fine.
Under the new law, a person found in
possession of up to one ounce of marijuana
is issued a notice of violation that imposes a
$25 fine for marijuana possession as well as
forfeiture of any visible marijuana and any
paraphernalia (e.g., bongs, cigarette rolling
papers, cigar wrappers).

Transferring up to one ounce of marijuana to
another person is no longer an arrestable
offense, provided no payment or any other
type of exchange of goods or services
accompanies the transfer.
The marijuana decriminalization law also
eliminates criminal penalties under District
law for the possession of paraphernalia
associated with the possession of one ounce
or less of marijuana.
Paraphernalia associated with possession of
more than one ounce of marijuana remains a
criminal offense.
Prior to July 17, a person found in
possession of paraphernalia associated with
possession of one ounce or less of
marijuana could face up to 30 days of
incarceration and/or a fine.
A person who receives a $25 notice of
violation under the new law must respond as
he or she would to a parking ticket in the
District of Columbia: either by paying the fine
or by appealing the notice before an
administrative law judge.

Minors under the age of 18 who are caught
with up to one ounce of marijuana are also
subject to a $25 fine as well as forfeiture of
the marijuana and any paraphernalia.
Additionally, a copy of the notice of violation
is mailed to the minor’s parents or legal
guardian.

A person who is stopped by a police officer
for possession of up to one ounce of
marijuana and/or paraphernalia must provide
his or her name and address to the officer if
requested. A person who refuses to provide
their name and address, or who knowingly
provides an incorrect name or address, to an
officer can be arrested and fined if convicted.

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However, the new law does not require a
person to possess or display proof of
identity, and a person stopped and fined
under the new law cannot be arrested for
failure to possess or display proof of name
and address.
In order to reduce racially-biased police
stops, D.C.’s marijuana decriminalization law
contains a provision that prohibits a police
officer from using the smell of marijuana as
rationale for conducting criminal searches.
The provision also prohibits a police officer
from using any amount of cash, the mere
presence of marijuana (or an officer’s
suspicion that marijuana may be on a
person), or multiple containers of marijuana
without evidence of possession of more than
one ounce of marijuana as rationale to
conduct criminal searches. D.C.’s
decriminalization law is the first in the
country to provide these protections in
statute.
D.C.’s marijuana decriminalization law
eliminates several collateral consequences
of an arrest or conviction for marijuana
possession. The law provides that a person
issued a notice of violation for possession of
one ounce or less of marijuana cannot be
rendered ineligible for public assistance and
cannot have their D.C. issued drivers’
license suspended or revoked.
The elimination of criminal penalties for the
possession of marijuana and paraphernalia
also eliminates the imposition of a long-
lasting (even permanent) criminal record,
which can undermine a person’s ability to
obtain employment, housing, loans and
professional licenses.
What does D.C.’s marijuana
decriminalization law mean for medical
marijuana patients?
A person who has been issued a Medical
Marijuana Card by the District of Columbia
Department of Health may continue to
possess up to two ounces of medical
marijuana per month. However, the use of
medical marijuana in public remains a
criminal offense and may result in arrest.
What should I know about the limits of
D.C.’s marijuana decriminalization law?
The possession of marijuana remains
unlawful in the District of Columbia. In
addition, possession of marijuana weighing
more than one ounce remains a criminal
offense under D.C. law.
Public consumption of marijuana within the
District of Columbia remains unlawful and is
a criminal offense, as is being impaired as a
result of marijuana consumption in a public
space or someone else’s private property
and presenting a danger to either oneself,
others or property. A person found smoking
or otherwise consuming marijuana in a
public space or being impaired and
presenting a danger can still face a
maximum of 60 days incarceration or a fine
upon conviction, which is the same penalty
imposed under D.C. law for public
consumption of alcohol. The law specifies
that a public space can include a park,
street, alley, sidewalk, or parking area or in a
vehicle in any such place, and can also
include any place where the public is invited.
Operating or having physical control (e.g.,
sitting behind the wheel with keys in the
ignition) of a vehicle while impaired remains
a criminal offense and is handled as a DWI.
D.C.’s marijuana decriminalization law will be
enforced by members of the Metropolitan
Police Department (D.C.’s local police force).
However, it is important to emphasize that
there are numerous other Federal law
enforcement agencies that patrol federal
lands within the District of Columbia, and
also patrol D.C.’s parks and neighborhoods.
Federal law enforcement agencies may
ignore D.C.’s marijuana decriminalization law
and enforce federal marijuana laws. A
person caught with any amount of marijuana
or paraphernalia by a federal law

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enforcement officer (e.g., U.S. Park Police or
U.S. Capitol Police) on federal lands or any
location within the District of Columbia may
be faced with prosecution by federal
prosecutors and charged with a violation of
federal marijuana laws.
Have other states passed laws that
decriminalize marijuana?
Eighteen states have enacted various forms
of marijuana decriminalization by reducing or
eliminating penalties for minor marijuana law
violations.
1
Many of these states have
replaced criminal sanctions with the
imposition of civil, fine-only penalties or no
penalty at all. The decision by District
lawmakers to eliminate criminal penalties for
the possession of small amounts of
marijuana is consistent with decriminalization
laws in other states, and the District’s new
law is similar in many respects to
decriminalization laws that are already in
place in other jurisdictions.
How have local marijuana law
enforcement practices disproportionately
impacted African Americans in D.C.?
In 2013, two groundbreaking reports that
analyzed arrest data obtained from the D.C.
police department identified severe racial
disparities in the enforcement of D.C.
marijuana laws.
The first report was issued in June 2013 by
the American Civil Liberties Union of the
Nation’s Capital (ACLU-NCA).
2
The report
analyzed arrest data obtained from the
Metropolitan Police Department between
2001 and 2010.

A major finding of the ACLU-NCA report was
that African Americans in the District are
eight times more likely to be arrested for
marijuana possession than whites – even
though government surveys show that both
groups use marijuana at similar rates.
Ninety-one percent of marijuana possession
arrests were of African Americans, despite
the fact that African Americans comprise
roughly half the population of the District of
Columbia. According to this analysis,
marijuana arrests accounted for nearly half
of all drug arrests in D.C. and the racial
disparity in marijuana arrests grew by 18
percent despite a decline in overall drug
arrests in the years studied by the report’s
authors.
3

The second report was issued in July 2013
by the Washington Lawyers’ Committee on
Civil Rights and Urban Affairs. This report
analyzed District of Columbia arrest data
obtained from the Metropolitan Police
Department from years 2009 through 2011
and similarly found that 91 percent of all drug
arrests during those years were of African
Americans. This report also noted that
government surveys indicate drug use is
roughly equal between African American and
white residents of the District.
4
The
Washington Lawyers’ Committee report also
found that the majority of all drug arrests in
D.C. are for simple possession of marijuana.
The report determined that neighborhoods of
the District with a high percentage of African
American residents had a higher percentage
of all drug arrests in the District.
5

The findings of the Washington Lawyers’
Committee on Civil Rights and Urban Affairs
report corroborated the findings of the
ACLU-NCA report.
Following the release of these two reports,
the Washington Lawyers’ Committee and
American Civil Liberties Union of the
Nation’s Capital hosted public forums across
the District, where the public expressed
strong disapproval and concern about the
statistics and conclusions generated by
these reports.
To what extent did the D.C. community
support efforts by local lawmakers to
pass this legislation?
The D.C. Council held two public hearings
on the proposed decriminalization measure.

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Input received at these hearings conveyed
an urgent need for passage of the legislation
and validated findings in the ACLU-NCA and
Washington Lawyers’ Committee reports.
The proposed decriminalization measure
received public support from D.C. Mayor
Vincent Gray, D.C. Office of the Attorney
General, NAACP DC Branch, American Civil
Liberties Union of the Nation’s Capital, DC
Fair Budget Coalition, The Reentry Network
for Returning Citizens, Washington Lawyers’
Committee for Civil Rights and Urban Affairs,
The Public Defender Service for the District
of Columbia, Returning Citizens United, Inc.,
Drug Policy Alliance and a significant
number of prominent faith leaders, anti-
poverty advocates and civil rights defenders
from the D.C. community.
6
Many who
expressed public support for the
decriminalization measure saw its passage
as a critical first step towards addressing
racial disparities in drug law enforcement.
D.C.’s marijuana decriminalization law
contains the lowest fine for possession than
any other marijuana decriminalization law in
the country. During hearings on the
proposed legislation, numerous public
witnesses urged the D.C. Council to set the
fine for possession at an amount that would
not present an extreme hardship for
thousands of low income and homeless D.C.
residents. In setting a $25 fine for
possession, along with the seizure of
marijuana, the D.C. Council acknowledged
that neighborhoods of the District that have
seen the most arrests for marijuana
possession are predominately home to poor
and homeless residents of D.C. and may
continue to be disproportionately subjected
to enforcement actions under the new law.
D.C. lawmakers sought to penalize people
for possessing marijuana while ensuring that
underserved residents are not
disproportionately subjected to financially
burdensome fines.
7

To what extent do D.C. residents support
decriminalization and legalization of
marijuana?
A poll conducted in January 2014 by the
Washington Post found majority support for
treating marijuana possession as a civil
offense. The same poll found 63 percent of
D.C. residents support taxing and regulating
marijuana like alcohol.
8

When did D.C. lawmakers pass this law
and when did Congress receive it?
The D.C. Council passed D.C. Act 20-305 on
March 4, 2014. The legislation was
cosponsored by ten out of thirteen
Councilmembers, passed by a Council vote
of 10-1, and signed by Mayor Vincent Gray
on March 31, 2014. The measure was
transmitted to Congress on April 8, 2014 for
a 60 day legislative review period. The last
day of this review period was July 16, 2014
and D.C.’s marijuana decriminalization law
took effect on July 17, 2014.
Legal Disclaimer

This overview of D.C.’s marijuana
decriminalization law is intended to provide a
general overview of the law for public
education purposes. The overview on this
webpage contains general information about
legal matters. The information presented
here is not legal advice, and should not be
treated as such. You must not rely on the
information in this document as an
alternative to legal advice from your attorney
or other professional legal services provider.
If you have any specific questions about any
legal matter you should consult your attorney
or other professional legal services provider.
You should never delay seeking legal
advice, disregard legal advice, or commence
or discontinue any legal action because of
information on this website. Please see the
Metropolitan Police Department’s summary
about how the new law applies and will be
enforced: http://mpdc.dc.gov/marijuana


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1
Alaska, California, Colorado, Connecticut, Maine,
Maryland, Massachusetts, Minnesota, Mississippi,
Missouri, Nebraska, Nevada, New York, North
Carolina, Ohio, Oregon, Rhode Island and Vermont,.
2
American Civil Liberties Union of the Nation’s Capital,
Behind the D.C. Numbers: Billions of Dollars Wasted
on Racially Disparate Arrests, accessed October 16,
2013, http://aclu-nca.org/billions-of-dollars-wasted-on-
racially-biased-arrests-behind-dc-numbers
(Washington, D.C.: 2013)
3
American Civil Liberties Union of the Nation’s Capital,
Behind the D.C. Numbers: Billions of Dollars Wasted
on Racially Disparate Arrests, accessed October 16,
2013, http://aclu-nca.org/billions-of-dollars-wasted-on-
racially-biased-arrests-behind-dc-numbers
(Washington, D.C.: 2013), p. 4
4
Washington Lawyers’ Committee for Civil Rights and
Urban Affairs, Racial Disparities in Arrests in the
District of Columbia, 2009-2011: Implications for Civil
Rights and Criminal Justice in the Nation’s Capital
(Washington, D.C.; July 2013),
http://www.washlaw.org/pdf/wlc_report_racial_dispariti
es.pdf
5
Washington Lawyers’ Committee for Civil Rights and
Urban Affairs, Racial Disparities in Arrests in the
District of Columbia, 2009-2011: Implications for Civil
Rights and Criminal Justice in the Nation’s Capital
(Washington, D.C.; July 2013) p. 13-17,
http://www.washlaw.org/pdf/wlc_report_racial_dispariti
es.pdf
6
See for example Council of the District of Columbia,
Committee on the Judiciary and Public Safety,
Committee Report on Bill 20-409, the “Marijuana
Possession Decriminalization Amendment Act of
2014,”
http://lims.dccouncil.us/_layouts/15/uploader/Download
.aspx?legislationid=29565&filename=B20-0409-
CommitteeReport1.pdf
7
Council of the District of Columbia, Committee on the
Judiciary and Public Safety, Committee Report on Bill
20-409, the “Marijuana Possession Decriminalization
Amendment Act of 2014,” p. 7
http://lims.dccouncil.us/_layouts/15/uploader/Download
.aspx?legislationid=29565&filename=B20-0409-
CommitteeReport1.pdf
8
Aaron Davis and Payton Craighill, “In major shift,
D.C. residents strongly support legalizing marijuana,”
Washington Post, January 15, 2014,
http://www.washingtonpost.com/local/dc-politics/in-
major-shift-dc-voters-strongly-support-legalizing-
marijuana/2014/01/15/9fcc6d04-7d6a-11e3-93c1-
0e888170b723_story.html