Washington, DC asked in Business Formation and Business Law for District of Columbia

Q: I want to set up business of marijuana cookies in Northern Virginia and Washington, DC

1 Lawyer Answer
Bernard Crane
Bernard Crane
  • Washington, DC
  • Licensed in District of Columbia

A: I hope you like the color orange. You might be wearing it a lot.

In DC marijuana has recently been legalized, but ONLY for personal use. In DC if you are over 21 you can purchase, grow or possess up to two ounces of marijuana for your own use. You can transfer up to one ounce of marijuana to another person who is over 21, as long as it is a genuine gift, and is not being transferred for money or any other remuneration. The DC police will look beyond sham "gift" transactions. For example, if you "sell" someone a comic book or a greeting card or a bookmark for $50 and then coincidentally "gift" them some marijuana (or some marijuana cookies), they will consider this an illegal sale of marijuana and arrest you if they catch you. The penalty for a first conviction for sale or possession with intent to sell less than half a pound of marijuana is up to 180 days in jail, and a fine of up to $1,000. The penalty for a second sale, or for selling over a half pound, is up to five years in prison and a large fine.

And in Virginia, sale or even possession of ANY amount of marijuana is still illegal.

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