The Harris rider is a provision that Rep. Andy Harris (R-Md.) added to the federal “CRomnibus” spending bill in December 2014, barring Washington, D.C. from using its funds to enact any law that legalizes or reduces penalties for recreational marijuana. It could not stop voter-approved Initiative 71 from legalizing possession in February 2015, but it has blocked the District from taxing and regulating marijuana sales ever since. Congress has renewed it in every annual spending law, including the 2026 budget.
What Happened
D.C. voters approved Initiative 71 on November 4, 2014, with 64.87% of the vote. It legalized possession of up to 2 ounces, home growing and gifting for adults 21 and older, but not sales, because District ballot initiatives cannot force new spending. The day after the election Harris, a Maryland Republican, vowed to stop it (Washington Post).
His vehicle was the $1.1 trillion Consolidated and Further Continuing Appropriations Act, 2015, nicknamed the CRomnibus, which President Obama signed on December 16, 2014 (NBC News). The rider barred the use of funds to “enact any law, rule, or regulation to legalize or otherwise reduce penalties associated with the possession, use, or distribution of any schedule I substance” or any THC derivative “for recreational purposes” (H.R. 83, enrolled text).
The wording mattered. It said “enact,” not “enact or carry out.” Delegate Eleanor Holmes Norton said Democratic negotiators left out “carry out” on purpose so the city could argue that voters had already enacted Initiative 71 on Election Day (Washington Post).
The February 2015 Standoff
Mayor Muriel Bowser and the D.C. Council took exactly that position. The Council sent Initiative 71 to Congress for its required review on January 13, 2015. But the Council also wanted to pass a separate bill to tax and regulate sales, and that was clearly new legislation. On February 9, 2015, newly elected Attorney General Karl Racine warned that holding a formal hearing on the sales bill could violate the rider and expose Council members and staff to federal penalties. The Council downgraded the hearing to an informal roundtable (Reason; Washington Post).
Possession became legal at 12:01 a.m. on February 26, 2015, despite a letter from Reps. Jason Chaffetz and Mark Meadows urging Bowser not to proceed; Republicans had raised the possibility of prosecution under the Anti-Deficiency Act, which punishes spending public money without an appropriation. The sales bill, however, was dead. Our article on Initiative 71 taking effect covers that side of the story.
What Happened Next
The rider has been carried forward in every Financial Services and General Government appropriations law since. The current version, section 809 of the spending law, bars federal funds from being used for legalization and bars District funds from being used for any such law “for recreational purposes” (P.L. 118-47, fiscal 2024).
The closest it came to disappearing was in 2021. Senate Democrats released spending bills in October 2021 that left the rider out, and city leaders celebrated (NBC Washington). But President Biden’s own budget had kept it, and the final package unveiled in March 2022 still included it (High Times, citing Politico). The Marijuana Policy Project reports the rider was approved again in the fiscal 2026 budget (MPP, July 2026).
Blocked from building a recreational market, D.C. went two other ways. A “gifting” economy grew up, in which shops sell a T-shirt or sticker and hand over marijuana as a “gift.” And the District expanded its medical program, which the rider does not reach because it applies only to recreational purposes. Adults 21 and older can now self-certify as medical patients and buy at licensed dispensaries without a doctor’s recommendation, while the city has pushed unlicensed gifting shops to get licensed or close.
Where It Stands in 2026
Possession and home growing remain legal under Initiative 71, recreational sales remain illegal, and the Harris rider remains in federal law. For current possession limits, medical self-certification and enforcement against gifting shops, see our Washington, D.C. marijuana laws guide. The federal picture, including the 2026 rescheduling of state-licensed medical marijuana, is in our federal marijuana laws guide.
Harris Rider FAQ
What is the Harris rider?
A provision in federal spending laws, first added in December 2014 by Rep. Andy Harris, that bars Washington, D.C. from using its funds to enact laws legalizing or reducing penalties for recreational marijuana. It blocks a tax-and-regulate system for sales.
Why didn’t the rider stop Initiative 71?
The rider barred funds to “enact” a law. D.C. argued voters had already enacted Initiative 71 on November 4, 2014, before the rider passed, so possession took effect on February 26, 2015.
Is the Harris rider still in effect?
Yes. Congress has renewed it in every annual spending law since fiscal 2015, including the fiscal 2026 budget.
Can you buy marijuana legally in D.C.?
Not recreationally. Adults 21 and older can register as medical patients by self-certifying and buy at licensed medical dispensaries.
Originally reported by The Weed Street Journal; rewritten and updated in October 2026 with what happened next.
