We’ve all been there, right? Is that guy walking down the street smoking weed? It smells like pot in the park. What’s that smell by the pool? Did you catch the pungent odor of pot on that group of teenagers in Duncan Donuts? That woman is lighting up a joint right here on the METRO! Many of our friends and neighbors have the same questions when faced with the open and very public pot smoking in our community. Where can people legally consume (smoke, eat, drink) pot? If my kid gets caught with pot, will she be arrested? Since pot is legal, can my boss fire me if he finds out I smoke? In this informational post, I will try to clarify the answers to these questions and some others.
Though pot was legalized in the District as of February 26, 2015, navigating DC’s seemingly ever-changing legalized pot law sometimes requires the dexterity of Simone Biles. In fact, as recently as April of this year, over a year after pot was legalized in DC, the City Council acted to ban any kind of marijuana use outside of private residences. Through all the misinformation, misinterpretations, and misunderstandings one thing has remained clear: transferring money, goods, or services in exchange for any amount of pot is a great way to land yourself in the DC Jail.
So what’s the deal with DC’s legalized marijuana law? In a nutshell, it is only ok to consume pot in a private residence. Walking down the street, hanging out at the community pool, or sitting on the METRO are not appropriate places to light up. And if you’re under 21, it is never ok to possess or consume pot.
If you’re over 21 you’re clear to:
· Have up to two ounces of pot on you for your personal use;
· Give (as a gift) up to one ounce of marijuana to another person who is at least 21;
· Grow (at home) up to six marijuana plants, no more than three of which are mature;
· Possess marijuana-related paraphernalia;
· Use marijuana on private property.
The following could result in your becoming an involuntary guest of the Department of Corrections (or DYRS if you’re a juvenile):
· Having over two ounces of pot;
· Selling pot;
· Driving under the influence of pot;
· Consuming pot in any public space like a street, sidewalk, park, or even inside a business.
Marijuana use by kids under 21 is not permitted by DC’s legalized marijuana laws, period. However, if a person under 21 is found with two ounces or less of pot, it is MPD policy to seize the marijuana without arresting or ticketing the person. MPD officers may arrest anyone, whether under or over the age of 21, if the person is in possession of more than two ounces of pot. Since DC’s laws do not trump federal controlled substance laws, a federal law enforcement officer may arrest any person on any federal property located anywhere in the District for possessing or consuming any amount of marijuana.
As far as maintaining your employment while taking advantage of the District’s legalized marijuana laws, it’s pretty simple. If you work here in DC for the federal government, or a company that prohibits the use of controlled substances in their employee handbook, workplace rules, or employer procedures, marijuana use is not an option for you. Additionally, DC’s legalized marijuana laws have no impact on DC government’s current drug testing policies and procedures as they relate to DC government employees, according to an administrative issuance from DCHR on June 27, 2016 and Initiative 71. The Initiative makes it clear that the ability of DC government agencies to establish and enforce policies restricting the use of marijuana by employees is not affected by the legalized pot law. While there may be ways to avoid termination, suspension, or other adverse employment consequences after getting caught using a controlled substance, these are not guaranteed and not worth the trouble smoking pot will bring. Just say no.
For community members who are concerned or offended by marijuana use in or near the businesses or public spaces they frequent, it is important to remember that anyone can still report marijuana use that they perceive to be unlawful to MPD. Officers will respond and determine, based on their training, whether the use is lawful and take police action, where appropriate. Bottom line: if you insist on doing your best impression of Cheech & Chong’s Up In Smoke, keep it in the house.