In November 2014, voters in DC approved a cannabis legalization measure known as Initiative 71. Initiative 71 allows for the legalized possession and cultivation of cannabis flower in limited amounts.
Since DC is not a state, all regulations approved by the DC Council and signed by the mayor must be submitted to the Congressional Oversight Committee for review. Congress has up to 30 days to review legislation that is not related to criminal laws (up to 60 days for laws pertaining to crime). Congress may do nothing (allowing the legislation to pass into law); Congress may vote to submit amendments to the legislation; or Congress may vote to veto the legislation. The latter two must then be signed by the President.
Congress did not act to veto Initiative 71 and the law went into effect on February 26, 2015. However, Initiative 71 did not address the regulation and sale of adult use cannabis—leaving the adult use cannabis market in limbo.
Legislation
Two pieces of legislation have continued to leave DC’s adult use market in limbo: 1) Washington, DC has an
election law that prohibits a citizen initiative from mandating the expenditure of the District’s funds; and 2) to take advantage of that election law, Rep. Andy Harris (a Republican representative from Maryland) introduced a budget rider prohibiting the city from funding systems for the taxation and regulation of adult-use cannabis. As of beginning of 2023, that rider is still attached to the District’s budget.
Consequently, DC is still a medical cannabis only jurisdiction—albeit a very liberal one.
There are eight (8) licensed dispensaries in DC—seven (7) are operational. Licensed dispensaries may only sell regulated products grown and produced by licensed DC cultivators (who are actually located in DC). These dispensaries and cultivators are licensed as cannabis facilities by the District and regulated by ABCA (formerly ABRA).
Illegal Despensaries
Despite what you might find on the internet, delivery services, “gifting” services and companies that state they are “I-71 Compliant” are illegal under DC law. Because they are illegal, the cannabis products they sell (OR “gift”) are unregulated. As the recent issue with Vitamin E oil in illegal market vapes showed us, unregulated cannabis products pose a significant health risk to both medical patients with compromised immune system as well as healthy adult users. As unlicensed operators, these facilities are not required to protect your privacy.
In December of 2022, the DC Council passed legislation that would expand the number of licensees in the District–giving illegal operators the opportunity to enter the legal market, by obtaining a license and selling regulated products. This expansion is likely to occur by early 2024.
