Currently the criminal Statute in the District penalizes simple possession of marijuana and the imposed penalties are maximum 180 days/$1000 fine, specifically:
“It is unlawful for any person knowingly or intentionally to possess a controlled substance unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of his or her professional practice … any person who violates this subsection is guilty of a misdemeanor…”
Incidentally the possession with intent to distribute marijuana on the first offense carries the same penalty as long as the amount is less than ½ pound, specifically:
“… except that upon conviction of manufacturing, distributing or possessing with intent to distribute 1/2 pound or less of marijuana, a person who has not previously been convicted of manufacturing, distributing or possessing with intent to distribute a controlled substance or attempting to manufacture, distribute, or possess with intent to distribute a controlled substance may be imprisoned for not more than 180 days or fined not more than the amount set forth in § 22-3571.01 [$1000] or both”
District has already enacted medical marijuana Statute, which sets limited and guidelines of medical marijuana use and dispensing, specifically:
“The maximum amount of medical marijuana that any qualifying patient or caregiver may possess at any moment is 2 ounces of dried medical marijuana; provided, that the Mayor, through rulemaking, may increase the quantity of dried medical marijuana that may be possessed up to 4 ounces; and shall promulgate through rulemaking limits on medical marijuana of a form, other than dried.
Medical marijuana shall not be administered by or to a qualifying patient anywhere other than the qualifying patient’s residence, if permitted, or at a medical treatment facility when receiving medical care for a qualifying medical condition, if permitted by the facility.
A qualifying patient or caregiver shall not administer medical marijuana at a dispensary or cultivation center…”
However, currently a bill is climbing the legislative steps, coined as bill 2-409: Simple Possession of Small Quantities Of Marijuana Decriminalization Amendment Act of 2013, and the pertinent portions of the proposed bill decriminalizing possession of marijuana if less than one ounce, specifically:
“3A — A person 18 years of age or older who possesses marijuana weighing less than one ounce shall not be guilty of a criminal offense. Such possession shall be a civil violation, subjecting the person to a civil fine of $100 and forfeiture of the marijuana.
A person under the age of 18 who possesses marijuana weighing less than one ounce shall not be guilty of a criminal offense. Such possession shall subject the person to the same civil penalties in (3)(A) and the person under the age of 18 shall be required to attend a drug awareness program.
(i) The parents or legal guardian of any offender under the age of eighteen shall be notified of the offense and the availability of a drug awareness program.
(ii) The program must be made available without cost and must provide at least four hours of group discussion or instruction based on science and evidence-based principles and practices specific to the use and abuse of cannabis, alcohol, and other controlled substances.
(iii) If the minor fails to complete the drug education program within one year of notice of its availability, the court shall issue an order requiring the minor to complete eight hours of community service and shall be assessed a fine of $200. “(C) The District shall not impose any form of penalty, sanction, or disqualification on a person for engaging in the actions specified in section (a)(3) apart from those imposed by this section.”
Other pertinent portions of the bill propose:
“(f)(1) Notwithstanding any other provision of law, the use, or possession with intent to use drug paraphernalia to pack, repack, store, contain, conceal, inhale, ingest, or otherwise introduce into the human body less than one ounce of marijuana by any person 18 years of age or older shall not constitute a violation of this section. Such action by any person under the age of 18 shall subject the person to the requirement to attend a drug awareness program, as required in § 48-904.01(d)(3).
(2) The transfer without remuneration of drug paraphernalia that the transferor knows or has reason to know will be used to transport, store or otherwise carry, or to inhale, ingest, or otherwise introduce into the human body less than one ounce of marijuana shall not constitute a violation of this section.”
There is significant legislative support for the bill and it appears that some modification of the proposed language as listed above would be eventually passed. The impetus for the bill has been predominantly the significant number of marijuana arrests in DC on an annual basis – some approximately 5393 arrests in 2010 alone, and the significant racial disparities of those arrested.
The costs and the social stigma of the criminal arrest for simple possession of marijuana have been the other factors forcing the bill through the legislature all while it has become an established medical knowledge that marijuana use in small dosage is not more harmful than alcohol or cigarette use. Public sentiment has also been favoring decriminalizing use in small scale. An October 2013 study found that 75% of DC residents support legalizing small amount of marijuana and while 58% nationally support it.
For now though, simple possession of marijuana remains illegal unless authorized under the provisions enacted for medical use only.
UPDATE: Effective July 17, 2014, the DC Marijuana Possession Decriminalization Amendment Act of 2014 took effect and the law is utterly confusing. Essentially, possession of ounce or less is decriminalized but there are still civil and criminal penalties associated with possession, sell, and use of the substance. The link below directly from the MPD site does outline some of the nuances of the new law: