Misconceptions About Decriminalization Laws for Drug Possession in DC
When people think of marijuana legalization, Colorado is the state that most often comes to mind. Colorado has legalization laws that legalize the personal possession of marijuana and the public consumption, sale, and distribution of marijuana. In effect, Colorado’s laws make marijuana a fully legal substance. DC laws are narrower than Colorado laws. There are many misconceptions about decriminalization laws for drug possession in DC. While Washington, DC fully legalizes marijuana possession, public consumption of marijuana remains illegal. The sale and distribution of marijuana in most circumstances also remain illegal. In that sense, the DC legalization laws for marijuana are more complicated than other states such as Colorado. In other instances, the laws go further than many states that simply decriminalized marijuana by making personal possession fully legal. If you want to know more about marijuana decriminalization laws in DC, speak with a seasoned marijuana possession lawyer that could answer your questions.
Laws Regarding Marijuana Decriminalization
Under Washington, DC’s marijuana legalization laws, it is legal for a person to be in possession of up to two ounces of marijuana. That means the police cannot search a person’s vehicle based on the presence or smell of marijuana in the car. The authorities cannot search a person’s home or bedroom purely on the presence of marijuana. If a person has two ounces or less, they are in full compliance with all DC laws. It is important for people to know that smoking marijuana in public remains illegal. A person can still be arrested and charged with a crime for smoking marijuana in public.
It is also important for people to know that even though possession of marijuana is now legal, police do make arrests and prosecutors do charge people on allegations of driving under the influence of marijuana. Those cases raise host of other issues for defense attorneys related to a prosecutor’s ability to prove marijuana intoxication. Nonetheless, a person can still be accused and charged with a crime of driving under the influence if police claim to have probable cause that a person was impaired by marijuana at the time they were operating a vehicle.
Common Misconceptions of Decriminalization Laws
One of the most common misconceptions about decriminalization laws for drug possession in DC that is still being challenged by defense lawyers is issues related to marijuana pop-ups in Washington, DC and the question of organizations or groups involved in the sharing of marijuana in the District. DC’s marijuana legalization laws criminalize the distribution of marijuana in exchange for anything of value. This raises the question of whether providing free samples of marijuana when a person purchases other items, qualifies as the sale of marijuana or the exchange of marijuana for something of value. Under most circumstances, the answer to that question is usually yes.
Providing samples of marijuana alongside the sale of some other items such as flowers is typically seen by prosecutors and by courts as functionally the same as providing marijuana in exchange for something of value. Nonetheless, this area of law has not been fully fleshed out and is still being debated. A person should be cautious about being involved in that kind of marijuana distribution. They could be arrested and charged with marijuana distribution or possession with the intent to distribute, even if there is no direct exchange of money for marijuana.
Value of a DC Marijuana Possession Attorney
While the decriminalization of marijuana possession has its limitations, you still have certain rights and protections as a DC resident. If you want to know more about misconceptions about decriminalization laws for drug possession in DC, get in touch with a knowledgeable marijuana possession lawyer. A capable drug attorney could devote the time and resources necessary to protect your rights and build a solid defense for you.