District Of Columbia

Cannabis is legal to possess for all adults over 21. Anyone may cultivate up to six plants at home for personal use, or twelve plants in a household of two or more adults. Commercial cannabis sales remain illegal outside of DC’s medical program. Patients in the District are limited by a limited number of dispensaries and relatively high prices. Patients visiting the District from states with “functionally equivalent” programs have the benefit of reciprocity.

In 1998, medical cannabis was first approved in Washington, DC with the passing of Initiative 59 (I-59). However, this law could not be implemented. After some time, the DC Council was able to pass B18-0622: Legalization of Marijuana for Medical Treatment of 2010 Initiative. The District’s medical cannabis program permits patients whose income is less than 200 percent of the federal poverty level to purchase medicine at a reduced rate, and also allows patients to pay a lower application fee when obtaining and renewing their medical cannabis cards. In 2015, adult-use possession and use of cannabis, which was approved the year before went into effect. It was not until 2018 that reciprocity was extended to patients from jurisdictions with medical cannabis programs functionally equivalent to the District’s. Since then, emergency measures have been passed to protect employee’s workplace rights, fighting discrimination for medical cannabis use. Details on how these laws apply to patients and medical professionals can be found below.

Here is a breakdown of how the District of Columbia fared in ASA’s Annual State of the States Report, which evaluates the effectiveness of each state cannabis program from a patient perspective and assigns a grade using a rubric that reflects the key issues affecting patient access. Medical cannabis laws are constantly changing, ASA’s policy recommendations for the District of Columbia can be found below. For policy updates sign up here.

Patient Rights and Civil Protections	60/100
Arrest Protection 25/25 Affirmative Defense 20/20 Parental Rights Protections 0/20 Employment Protections 10/20 DUI Protections 0/10 Explicit Privacy Standards 5/5
Access to Medicine	60/100
Authorizes Retail Access 10/10 Alternative Accessibility Methods 10/20 - Authorizes Delivery 0/10 - Authorizes Curbside Pickup 10/10 Personal Cultivation 15/15 Collective Gardening 0/5 Sufficient Number of Licensed Retailers 5/30 Reciprocity 20/20
Program Functionality	98/100
Legal Protections Within Reasonable Time Frame 20/20 Reasonable Possession Limits 10/10 Reasonable Purchase Limits 10/10 Telemedicine for Physician Certifications 15/15 Patient and Physician Representation in Program Decision Making 20/20 Reasonable Caregiver Standards 3/5 - Background Checks 0/2 - Number of Caregivers 3/3 Reasonable Physician Standards 5/5 Access to Administration Methods 10/10 - Allows Dried Flower 5/5 - Allows Edibles, Concentrates, and Other Forms 5/5 Provides Access to Minors on School Grounds 5/5
Affordability	45/100
Sales Tax Break for Patients and Caregivers 0/20 Covered by State Insurance or Health Aid 0/20 Reasonable Registration Fees 20/20 Financial Hardship Waivers or Discounts 15/20 Donation Program 0/10 Allows Multi-Year Registrations 10/10
Health and Social Equity	60/100
State Program Protections 25/25 Housing Protections 0/25 Access for Minors 10/10 Access in Underserved Areas 5/10 List of Qualifying Conditions is Exhaustive or All Inclusive 10/10 Allows Patients to Medicate Where they Choose 0/10 Organ Transplants 5/5 Ownership or Employment Restrictions 5/5
Consumer Protection and Product Safety	125/200
Cultivation Operations 22/50 Quality Management Systems 0/10 Staff Training 10/10 Standard Operating Procedures 0/8 - Facility and Equipment Sanitation 0/1 - Workplace Safety 0/1 - Storage 0/1 - Batch and Lot Tracking 0/1 - Security 0/1 - Waste Disposal 0/1 - Water Management 0/1 - Records Management 0/1 Pesticide Usage Limitations 2/2 Environmental Impact Regulations 0/2 Required Testing 8/8 - Cannabinoids 1/1 - Terpenes 1/1 - Microbials 1/1 - Aflatoxins 1/1 - Pesticides 1/1 - Heavy Metals 1/1 - Foreign Matter 1/1 - Moisture Content/ Water Activity 1/1 Packaging and Labeling 2/3 - Cannabinoids 1/1 - Terpenes 0/1 - Pesticides 1/1 Complaints, Adverse Event Reporting, and Recall Protocol 0/7 Manufacturing Operations 28/50 Quality Management Systems 5/10 Staff Training 10/10 Standard Operating Procedures 0/7 - Facility and Equipment Sanitation 0/1 - Workplace Safety 0/1 - Storage 0/1 - Batch and Lot Tracking 0/1 - Security 0/1 - Waste Disposal 0/1 - Records Management 0/1 Environmental Impact Regulations 0/3 Required Testing 10/10 - Cannabinoids 1/1 - Terpenes 1/1 - Microbials 1/1 - Aflatoxins 1/1 - Pesticides 1/1 - Heavy Metals 1/1 - Residual Solvents 1/1 - Homogeneity 1/1 - Foreign Matter 1/1 - Water Activity 1/1 Packaging and Labeling 3/5 - Cannabinoids 1/1 - Terpenes 0/1 - Ingredients 1/1 - Allergens 1/1 - Nutritional Content 0/1 Complaints, Adverse Event Reporting and Recall Protocol 0/5 Dispensary Operations 25/50 Staff Training 20/20 Standard Operating Procedures 0/7 - Facility Sanitation 0/1 - Workplace Safety 0/1 - Storage 0/1 - Batch and Lot Tracking 0/1 - Security 0/1 - Waste Disposal 0/1 - Records Management 0/1 Product Testing 5/10 - Product Meets Requirements Before Sale 5/5 - COA Disclosure 0/5 Complaints, Adverse Event Reporting and Recall Protocol 0/13 Laboratory Operations 50/50 Independent or Third-Party 5/5 Laboratory Sampling 5/5 Method Validation 4/4 Quality Management Systems 5/5 Staff Training 20/20 Standard Operating Procedures 7/7 - Facility and Equipment Sanitation 1/1 - Equipment and Instrument Calibration 1/1 - Workplace Safety 1/1 - Sample Tracking 1/1 - Security 1/1 - Waste Disposal 1/1 - Records Management 1/1 Result Reporting 4/4
Score Penalties	0/100
Gives Regulatory Preference to Adult Use 0/20 Classifies Cannabis as a Medicine of Last Resort 0/15 Administrative or Supply Problems 0/15 Requires Vertical Integration 0/10 Creates New Criminal Penalties for Patients 0/10 Limits Patients to a Single Retailer 0/10 No System for Adding Qualifying Conditions 0/10 Imposes Bans or Limits on THC 0/5 Imposes Bans or Limits on CBD 0/5
Excerpted from ASA's 2022 State of the States Report.