Washington, D.C. Marijuana Laws (2026): Initiative 71, Gifting and Medical Cards

By James Buddsey · Updated October 30, 2026

Yes, partly. In Washington, D.C., adults 21 and older can legally possess up to 2 ounces of marijuana, give away up to 1 ounce and grow up to 6 plants at home, but buying or selling recreational cannabis is still illegal. The only legal stores are medical retailers licensed by the Alcoholic Beverage and Cannabis Administration (ABCA), and adults 21 and over can qualify as patients by self-certifying, as of October 2026.

D.C. has one of the most unusual cannabis systems in the country. Voters legalized possession in 2014, but Congress has blocked the District from setting up a recreational market ever since. That gap produced “gifting” shops, a medical program open to almost any adult, and a long enforcement fight. This guide explains the rules for residents and visitors as of October 2026, with links to the D.C. Code and ABCA. It is general information, not legal advice.

Washington, D.C. Cannabis Laws at a Glance

Is Marijuana Legal in Washington, D.C.?

Possession is legal, sales are not. Two laws from 2014 set the framework:

• Decriminalization (2014): The Marijuana Possession Decriminalization Amendment Act, D.C. Law 20-126, took effect July 17, 2014, and made possession or no-cost transfer of 1 ounce or less a civil violation rather than a crime, under D.C. Code 48-1201.
• Initiative 71 (2014): Voters approved the Legalization of Possession of Minimal Amounts of Marijuana for Personal Use Initiative of 2014, which took effect on February 26, 2015, as D.C. Law 20-153. It added the adult-use rules now in D.C. Code 48-904.01.

Initiative 71 did not create stores. The statute itself says nothing in it makes it lawful “to sell, offer for sale, or make available for sale any marijuana.” Under D.C.’s home rule system, a tax-and-regulate law would have to come from the D.C. Council, and Congress has blocked that.

The Congressional Rider That Blocks Sales

Congress controls the District’s budget and has attached a rider to D.C. spending laws, often called the Harris rider after Maryland Rep. Andy Harris, aimed at D.C. cannabis. In the fiscal 2024 version, section 809 of Public Law 118-47 says no federal funds may be used to enact or carry out any law to legalize or reduce penalties for Schedule I substances or “any tetrahydrocannabinols derivative,” and no District funds may be used to enact any such law “for recreational purposes.”

The practical effect: the D.C. Council cannot pass a law creating licensed recreational stores. The limit on District funds applies to laws “for recreational purposes,” which is why the medical program can operate and expand. As of October 2026, D.C. still has no legal recreational market.

How Initiative 71 Became Law (2014 to 2015)

D.C. voters approved Initiative 71 on November 4, 2014. The certified count was 115,050 votes in favor (70.06%) to 49,168 against (29.94%), according to the D.C. Board of Elections, which certified the result on December 3, 2014.

Under the Home Rule Act, a voter-approved law has to sit before Congress for a review period. Congress pushed back first: in mid-December 2014 it passed the “CRomnibus” spending bill with the original rider barring the District from enacting any law to legalize or reduce penalties for recreational marijuana (H.R. 83). Mayor Muriel Bowser and the Council took the position that voters had already enacted Initiative 71 on Election Day, so the rider could not stop it.

Council Chairman Phil Mendelson sent the initiative to Congress on January 13, 2015. The rider did stop the next step: on February 9, 2015, the Council downgraded a planned hearing on a tax-and-regulate bill to an informal roundtable after Attorney General Karl Racine warned the hearing could violate the spending restriction, Reason reported. Bowser went ahead despite a February 24 letter from Reps. Jason Chaffetz and Mark Meadows urging her not to, and possession became legal at 12:01 a.m. on February 26, 2015, making D.C. the first place on the East Coast to legalize adult possession.

Because stores were never allowed, a “gift economy” grew in the gap, with businesses selling T-shirts, stickers or juice and handing over cannabis as a “free” gift, as the CBC described in 2018. The District never accepted those sales as legal and is now closing unlicensed shops (see below).

How Much Cannabis Can You Possess, Gift and Grow in D.C.

Under D.C. Code 48-904.01(a)(1), adults 21 and older may:

• Possess, use, purchase or transport up to 2 ounces of marijuana.
• Transfer up to 1 ounce to another adult 21 or older, without remuneration.
• Grow up to 6 plants, no more than 3 of them mature and flowering, inside their principal residence.
• Keep the harvest from those plants in the same home.

A household may not have more than 12 plants in total, with no more than 6 mature, no matter how many adults live there. Selling or offering marijuana or plants for sale remains illegal for everyone. Possessing a controlled substance outside these rules can be charged as a misdemeanor under section 48-904.01(d), with up to 180 days in jail.

Gifting Shops and the Crackdown on Unlicensed Stores

The 1-ounce gifting rule gave rise to “gifting” businesses: shops that sell a sticker, a T-shirt or a piece of art and hand over cannabis as a “free” gift. The District treats these businesses as illegal. D.C. Code defines an “unlicensed establishment” as a business that sells, exchanges in a commercial transaction or delivers cannabis at a location in the District without an ABCA license, under D.C. Code 7-1671.01.

D.C. law set up a transition process for unlicensed establishments to apply for medical licenses, under D.C. Code 7-1671.06a, followed by enforcement. Under D.C. Code 7-1671.06b:

• After April 1, 2025, ABCA may summarily close and padlock an unlicensed establishment, without a prior hearing, if an inspection finds an imminent danger to public health or safety.
• Unlicensed businesses may not display cannabis prices or images in windows or doors, or cannabis visible from outside.
• Retail applicants that did not have licenses issued and operating by March 31, 2025, risked losing their approval.

The most recent emergency law, the Medical Cannabis Licensing and Unlicensed Establishment Enforcement Clarification Emergency Amendment Act of 2026 (D.C. Act 26-391), took effect July 30, 2026, and expired October 28, 2026. While it was in force, it made selling Schedule I substances a violation even for businesses with pending applications, let ABCA investigators test cannabis for THC content, let ABCA or police post signs at businesses where violations were found, and extended conditional licenses to up to 3 years. The Council’s companion temporary bill (B26-760) would carry the same rules forward, but D.C. temporary laws take effect only after congressional review, so check ABCA for the rules in force today. The older ban on unlicensed sales still applies either way. For a buyer, the point is simple: a gifting shop is not a licensed store.

Medical Cannabis in D.C.: Self-Certification and Visitor Registrations

D.C.’s medical program, run by ABCA, is the only legal way to buy cannabis in the District. Its key rules:

• Residents 21 and older can self-certify, so no doctor’s recommendation is needed. Residents 18 to 20 need a recommendation from a healthcare practitioner, and minors need a recommendation and an adult caregiver.
• Registration: Residents apply through ABCA’s customer portal and get a temporary digital registration, valid for 90 days, that works right away. A two-year registration follows after review. Digital registration fees are currently waived, and a physical card costs $10, according to ABCA’s fee schedule.
• Visitors 21 and older can register as non-resident patients by self-certifying. ABCA lists fees from $10 for 3 days to $100 for 365 days. Visitors cannot use a practitioner recommendation or a caregiver.
• Reciprocity: Licensed retailers may accept patient registrations from most U.S. states, territories and some tribal nations. ABCA posts the list of eligible jurisdictions.
• Purchase limit: 8 ounces of medical cannabis in a rolling 30-day period, for residents and visitors alike.
• ID: A government-issued photo ID is required with the patient registration.

ABCA also licenses internet retailers and couriers, and retailers can add endorsements for delivery, on-site “safe-use treatment” (consumption) facilities, education tastings and summer gardens. Use ABCA’s retailer locator to confirm a store is licensed before you buy.

Where You Can and Cannot Use Cannabis in D.C.

Under D.C. Code 48-911.01, it is illegal to smoke or otherwise consume marijuana:

• on streets, alleys, sidewalks, parks and parking areas,
• in a vehicle on a street, alley, park or parking area, or
• in any place open to the public, including private clubs.

A violation is a misdemeanor punishable by up to 60 days in jail and a fine of up to $500, the cap set for that class of offense by D.C. Code 22-3571.01. Being impaired by marijuana in a way that endangers yourself, others or property is also a misdemeanor, on public or private property. Private residences are the main legal place to use cannabis, subject to the owner’s or landlord’s rules. Retailers with a safe-use treatment (tasting) facility endorsement from ABCA are the other exception.

Federal property is different. Large parts of Washington, including the National Mall and many parks and monuments, are federal land, and federal agencies and buildings sit across the city. Federal law applies there, and possession is a federal offense regardless of Initiative 71. Activists have tested that line for decades at the July 4 smoke-in near the White House, where U.S. Park Police made an arrest in 2011.

Driving and Cannabis in D.C.

Under D.C. Code 50-2206.11, no one may operate or be in physical control of a vehicle while intoxicated or while under the influence of alcohol or any drug. The District has no numeric THC limit, so cases rest on evidence of impairment. Consuming marijuana in a vehicle on a public street is also a separate offense under the public use law.

Crossing State Lines, Airports and Federal Land

• To Maryland: Maryland has legal adult-use sales, but carrying cannabis across the line is still illegal under federal law. See our Maryland marijuana laws guide.
• To Virginia: Virginia allows adult possession, but adult-use retail sales are not scheduled to begin until July 1, 2027, and crossing the river with cannabis is illegal under federal law. See our Virginia marijuana laws guide.
• Flying: The TSA follows federal law and refers cannabis found during screening to police. Carrying cannabis on a flight from any D.C.-area airport is illegal under federal law.

Delta-8, THCA and Hemp Products in D.C.

Federal hemp law changes in two steps in late 2026:

• November 12, 2026: The federal hemp redefinition in H.R. 5371 removes products with cannabinoids the plant cannot naturally produce, such as THC-O, from the definition of hemp. HHC may also be affected.
• December 11, 2026: The exclusion of converted cannabinoids such as delta-8 made from CBD, a total-THC standard and a cap of 0.4 mg total THC per container take effect for products with naturally occurring cannabinoids, after H.R. 6500 delayed them. THCA counts toward total THC.

What Changed in D.C. Cannabis Law Recently

• Enforcement emergency act (July 2026): D.C. Act 26-391 took effect July 30, 2026, with new testing, signage and Schedule I sale rules and longer conditional licenses. It expired October 28, 2026; a temporary version (B26-760) awaits final steps, so check ABCA for current rules.
• New patient portal (August 2026): ABCA moved patient registrations to a new customer portal on August 18, 2026.
• Unlicensed shop enforcement (2025): Summary closure authority against unlicensed establishments began after April 1, 2025.
• Federal rescheduling (2026): In April 2026 the Justice Department moved marijuana held under a state medical marijuana license, and FDA-approved products, to Schedule III. Adult-use cannabis remains in Schedule I while a broader proceeding is on hold. See our federal law guide.

Washington, D.C. Marijuana Laws FAQ

More Cannabis Law Guides

Compare D.C. with every state in our state cannabis law guides, read the latest on federal marijuana law, or check the rules next door in Maryland and Virginia.

Neighboring state guides: Maryland · Virginia · All state cannabis laws

General information about Washington, D.C. cannabis law as of October 2026, not legal advice.