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The District of Columbia has some of the most conflicting criminal laws for marijuana in the country. Initiative 71 passed overwhelmingly paving the way for recreational marijuana in the District in 2014. However, while it has had medicinal dispensaries for many years, DC still does not have recreational dispensaries. Why?

That's because DC is not a state and the federal government--specifically congress--has the ability to interfere with local DC affairs with near impunity. Despite the fact the local DC City Council legalized possession of cannabis for personal use, a single Congress person named Andy Harris was able to unilaterally impose restrictions on the local DC government's ability to create regulations for licensing recreational dispensaries by inserting a "rider" into a congressional spending bill year after year. So, basically a single republican congress person who represents Ocean City, blocked the 700K plus residents in the District from fully enacted a popularly passed ballot imitative.

However, reform may be on the way. In December 2020, the democratic party controlled House of Representatives passed the MORE ACT (Marijuana Opportunity Reinvestment and Expungement Act) that would de-schedule marijuana from the federal controlled substances list, vacate prior federal marijuana convictions, and provide a pathway for expunging old arrests and convictions.

While the MORE Act is not law because the Senate must pass a similar bill and then the president must sign it for it to become law, its a huge step for cannabis criminal justice reform. Meanwhile, its expected that in the 2021 budget bill, the republicans will not have the ability to insert this "rider" into the bill to further interfere with DC Home Rule. Does that mean recreational dispensaries are coming to DC? We'll see.

In the meantime, get the facts about DC weed laws and find out what can still get you arrested. Or if you or a friend or loved one have been arrested for a DC weed offense, contact us today for a consultation.

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