DC Cannabis DUI & Penalties

Last verified: April 2026

The Full Penalty Table

Initiative 71 legalized possession of up to 2 ounces and home cultivation of up to 6 plants. Everything beyond those limits — and several activities within them — carries penalties ranging from fines to felony charges.

Sale Is Always Illegal

This is the single most important penalty distinction in DC cannabis law. Under Initiative 71, gifting up to 1 ounce to another adult 21+ is legal — but only when there is absolutely no payment, barter, exchange, or compensation of any kind.

Any sale of cannabis — any amount, any price, between any parties — is a criminal offense in Washington, DC. This includes:

• Direct sales between individuals
• Sales disguised as "donations"
• Transactions where cannabis is exchanged for services
• Barter arrangements involving cannabis

The gifting economy operates in a legal gray area where businesses sell overpriced merchandise and include cannabis as a "free gift." While this model has been tolerated to varying degrees, the ABCA has shut down 50+ shops and the legal risk to consumers is real.

DUI — Driving Under the Influence

DC enforces cannabis DUI through an observable impairment standard rather than a per se THC blood limit. There is no standardized THC blood test used for prosecution — officers rely on observed behavior, field sobriety tests, and Drug Recognition Expert (DRE) evaluations.

Key points about DC cannabis DUI:

• No per se THC limit. Unlike Colorado (5 ng/mL) or some other states, DC does not use a specific THC blood concentration to determine impairment. This means both heavy daily users with high residual THC and occasional users who consumed hours ago could face the same evaluation.
• Observable impairment standard. Officers assess whether your driving ability is impaired through behavioral observation, field sobriety tests, and potentially a DRE evaluation.
• Open container equivalent. While DC does not have a specific "open container" law for cannabis in vehicles, having cannabis readily accessible (not in a sealed container) can contribute to probable cause for a stop and search.

Public Consumption

Consuming cannabis in any public place in Washington, DC is punishable by up to a $500 fine or 60 days in jail. "Public place" includes:

• Sidewalks, streets, and alleys
• Parks and public spaces (DC jurisdiction)
• Restaurant patios, bar areas, and outdoor seating
• Parking lots and garages
• Common areas of apartment buildings and condos
• Any area accessible to the general public

On federal land — which accounts for approximately 29% of DC — consumption carries federal penalties (up to 1 year and $1,000) rather than DC penalties. This includes the National Mall, all Smithsonian museums, Rock Creek Park, the monuments, and even neighborhood circles like Dupont Circle.

Metro Prohibition

The Washington Metropolitan Area Transit Authority (WMATA) prohibits cannabis on all Metro property:

• All Metro trains and rail cars
• All Metrobus vehicles
• All Metro stations, platforms, and escalators
• All Metro parking lots and facilities

WMATA operates across DC, Maryland, and Virginia under its own regulations. Cannabis prohibition applies regardless of which jurisdiction a particular station or bus route is in. Metro Transit Police enforce these rules.

Over-Possession and Over-Cultivation

Exceeding Initiative 71's limits carries misdemeanor penalties:

• More than 2 ounces of cannabis: Up to 6 months jail and $1,000 fine
• More than 6 plants (or more than 3 mature): Up to 6 months jail and $1,000 fine

These are DC penalties on DC-jurisdiction property. On federal land, any amount of cannabis triggers federal charges regardless of I-71 limits.

Transfer to Minors

Providing cannabis to anyone under 21 is the most severely punished cannabis offense under DC law:

• Maximum fine: $25,000
• Maximum prison: 5 years

This applies to any transfer — including gifting — regardless of amount. Parents, older siblings, and other adults should be aware that this penalty is dramatically harsher than adult possession or cultivation violations.

Official Sources

• ABCA — Cannabis Regulations
• D.C. Code Title 48, Chapter 9A — Marijuana Possession
• D.C. Code § 50-2206.11 — DUI Statutes
• WMATA — Metro Rules and Regulations