Is marijuana legal in District of Columbia?
Yes, for possession. As of 2026, adults 21 and older in the District of Columbia may possess up to 2 ounces of marijuana (weed) and grow a limited number of plants at home, but selling recreational marijuana remains illegal. Medical cannabis sales are legal for registered patients.
Status checked November 4, 2026
Contents
Marijuana laws in District of Columbia
District voters approved Initiative 71 on November 4, 2014. It took effect February 26, 2015. The law makes it lawful for a person 21 or older to possess or transport 2 ounces or less of marijuana, to transfer 1 ounce or less to another adult without payment, and to grow up to 6 plants at a principal residence, with no more than 3 mature and flowering, and no more than 12 plants in one house or rental unit.
Initiative 71 does not legalize sales. It remains unlawful to sell marijuana, offer it for sale, or make it available for sale. Congress has also limited how the District can use local funds to legalize a commercial recreational market. The only licensed retail path is medical cannabis, sold by retailers licensed by the Alcoholic Beverage and Cannabis Administration to qualifying patients and caregivers.
Medical cannabis has been legal since D.C. Law 18-210 took effect in 2010. Public use is illegal, including on streets, in parks and in vehicles. Driving while impaired is illegal. Employers may keep workplace policies. In 2026 the Council continued enforcement work against unlicensed shops, including D.C. Act 26-391. Marijuana remains illegal under federal law, apart from state-licensed medical marijuana, which moved to Schedule III in April 2026, and federal officers can still enforce federal law on federal property throughout the District.
Washington, DC – March 30, 2024: United States Capitol, west front Photo: Adobe Stock (editorial use only).
What the law says
Legal
- Possess, use, purchase, or transport marijuana weighing 2 ounces or less;
- Transfer to another person 21 years of age or older, without remuneration, marijuana weighing one ounce or less;
- Possess, grow, harvest, or process, within the interior of a house or rental unit that constitutes such person’s principal residence, no more than 6 cannabis plants, with 3 or fewer being mature, flowering plants;
Not legal
- nothing in this subsection shall make it lawful to sell, offer for sale, or make available for sale any marijuana or cannabis plants.
- the terms “controlled substance” and “controlled substances,” as used in the District of Columbia Official Code, shall include any marijuana or cannabis plant sold or offered for sale or made available for sale.
Quoted from D.C. Code §48-904.01(a)(1), (a)(1A).
How old do you have to be to use marijuana in District of Columbia?
You have to be 21 to possess or use weed legally in the District of Columbia for adult use. Initiative 71's protections apply only to people 21 and older. Anyone younger may not legally possess marijuana, and selling or giving marijuana in exchange for anything of value remains illegal at any age. Medical cannabis is available to qualifying patients through the medical program.
How much marijuana can you have in District of Columbia?
Adults 21 and older in D.C. can have up to 2 ounces of marijuana. At a principal residence, they can also keep the marijuana produced by legal home plants, inside that house or rental unit. They may give up to 1 ounce to another adult if nothing is paid. In a car, possession of 2 ounces or less is protected, but using marijuana in the vehicle is illegal. More than 2 ounces is not protected.
Where can you buy marijuana in District of Columbia?
You can't legally buy recreational weed from a licensed adult-use store in D.C., because selling marijuana remains illegal. The only licensed shops are medical cannabis retailers, which sell to qualifying patients and caregivers. Some unlicensed shops have operated around gifting or other workarounds; those sales are not made lawful by Initiative 71, and the District has kept enforcing unlicensed activity, including through 2026 legislation. Transferring up to 1 ounce without payment is allowed.
Can you grow marijuana at home in District of Columbia?
Yes, with limits. Adults 21 and older can grow up to 6 cannabis plants inside a house or rental unit that is their principal residence, with no more than 3 mature and flowering. All residents of one house or rental unit together may not grow more than 12 plants, and no more than 6 of those may be mature. Visitors who do not have a D.C. principal residence are not in the home-grow category. Selling plants or the harvest is illegal.
Where can you use marijuana in District of Columbia?
You can smoke weed in D.C. in a private residence, including your principal residence. It is illegal to smoke or consume marijuana in public, including on a street, alley, park, sidewalk or parking area, in a vehicle on those areas, or in any place to which the public is invited. Property owners, including the District government and employers, can ban use on their property. Use in federally funded public housing is not protected.
How do you get a medical marijuana card in District of Columbia?
To get a medical cannabis card in D.C., you register as a qualifying patient through the District's medical cannabis program, now overseen with licensed retailers under the Alcoholic Beverage and Cannabis Administration. Patients and caregivers can buy at licensed medical retailers and internet retailers. Initiative 71 did not replace the medical program.
Can visitors buy or use marijuana in District of Columbia?
Out-of-state visitors 21 or older can possess up to 2 ounces in D.C., because Initiative 71 has no residency requirement for possession. They cannot legally buy recreational marijuana from a store, because sales remain illegal. Home grow is only at a person's principal residence, so visitors should not assume they can grow plants where they are staying. Taking marijuana out of D.C., including through Union Station or the airports, remains illegal under federal law.
What are the rules on driving and marijuana in District of Columbia?
No, you can't drive high in D.C. Initiative 71 does not permit driving under the influence of marijuana or driving while impaired, and it does not change the District's existing impaired-driving laws. You also cannot consume marijuana in a vehicle on a street, alley, park or parking area.
Can an employer in District of Columbia fire you for using marijuana?
Yes, you can get fired for using marijuana in D.C., even when possession is legal. D.C. Code §48-904.01 says the legalization subsection does not require any employer to permit or accommodate marijuana in the workplace, and employers can keep policies restricting employee use.
What are the penalties for breaking marijuana laws in District of Columbia?
In D.C., adults 21 and older face no District penalty for 2 ounces or less, or for a legal home grow. Selling any amount, offering marijuana for sale, or possessing more than 2 ounces can bring criminal charges. Manufacturing, distributing or possessing with intent to distribute a half-pound or less of marijuana can be punished by up to 180 days or a fine for a first-time offender, and more for larger cases. Public consumption is separately enforced.
Are CBD, hemp and delta-8 products legal in District of Columbia?
Hemp and CBD products are regulated separately from D.C.'s marijuana rules, but intoxicating hemp products, including delta-8 and high-THCA items, can fall under marijuana law if they are sold as cannabis or exceed hemp limits. Recreational marijuana still cannot be sold, so a hemp label does not create a licensed adult-use market. Separately, a stricter federal hemp definition, with a total-THC standard that counts THCA and a 0.4 mg-per-container cap, takes effect December 11, 2026.
Does federal law still apply in District of Columbia?
Yes. Federal law still applies in the District of Columbia. Marijuana remains a Schedule I controlled substance under federal law, with one exception: since April 28, 2026, marijuana covered by a state medical marijuana license and FDA-approved marijuana products are in Schedule III. A broader federal rescheduling proceeding was stayed on September 29, 2026, and has no decision date. State law does not change federal rules on federal land, on carrying marijuana across state lines, or on federally required drug testing, such as for DOT-regulated jobs. Federal law is especially visible in D.C., where federal officers can enforce federal marijuana law on federal property and generally throughout the District.
Has the law in District of Columbia changed recently, or is it about to?
D.C. has not opened licensed recreational sales. Initiative 71 still allows possession and home grow, and still bans sales. In 2026 the Council continued to tighten enforcement against unlicensed establishments, including D.C. Act 26-391 on medical cannabis licensing and unlicensed shops. The only licensed purchase path remains medical cannabis. At the federal level, state-licensed medical marijuana moved to Schedule III on April 28, 2026. New federal hemp limits begin November 12 and December 11, 2026.
Legislation
Sources (6)
General information, not legal advice. Laws change often, so check with the state's cannabis agency before relying on this.
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