§ 48–911.01. Consumption of marijuana in public space prohibited; impairment prohibited.

(a) Notwithstanding any other District law, it is unlawful for any person to smoke or otherwise consume marijuana in or upon a public space, or in or upon any of the following places:

(1) A street, alley, park, sidewalk, or parking area;

(2) A vehicle in or upon any street, alley, park, or parking area; or

(3) Any place to which the public is invited. For the purposes of this subsection, and notwithstanding any other provision of law, a private club, which includes any building, facility, or premises used or operated by an organization or association for a common avocational purpose, such as a fraternal, social, educational, or recreational purpose, is a place to which the public is invited; provided, that a private club does not include a private residence.

(b) No person, whether in or on public or someone else’s private property, shall be impaired due to smoking or otherwise consuming marijuana and endanger the safety of himself, herself, or any other person or property.

(c) Any person violating the provisions of subsection (a) or (b) of this section shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than the amount set forth in § 22-3571.01 or imprisoned for not more than 60 days.

(d) The Attorney General for the District of Columbia, or his or her assistants, shall prosecute violations of this section, in the name of the District of Columbia.

(e) For the purposes of this section, the term “smoke” means to inhale, ingest, or otherwise introduce marijuana into the human body, or to hold or carry a lighted roll of paper or other lighted smoking equipment filled with marijuana.

(f) No provision of the Legalization of Possession of Minimal Amounts of Marijuana for Personal Use Initiative of 2014, effective February 26, 2015 (D.C. Law 20-153; 62 DCR 880), shall limit or be construed to limit the application of any provision of this section.

(July 17, 2014, D.C. Law 20-126, § 301, 61 DCR 3482; July 1, 2016, D.C. Law 21-138, § 2, 63 DCR 7587.)

Emergency Legislation

For temporary (90 days) creation of a private club task force, see § 2(b) of Marijuana Possession Decriminalization Clarification Congressional Review Emergency Amendment Act of 2016 (D.C. Act 21-364, Apr. 27, 2016, 63 DCR 6834).

For temporary (90 days) amendment of this section, see § 2(a) of Marijuana Possession Decriminalization Clarification Congressional Review Emergency Amendment Act of 2016 (D.C. Act 21-364, Apr. 27, 2016, 63 DCR 6834).

For temporary (90 days) amendment of this section, see § 2 of the Marijuana Possession Decriminalization Clarification Emergency Amendment Act of 2015 (D.C. Act 21-19, Mar. 26, 2015, 62 DCR 3857, 21 DCSTAT 852).

For temporary (90 days) amendment of this section, see § 2 of the Marijuana Possession Decriminalization Clarification EmergencyAmendment Act of 2016 (D.C. Act 21-273, Jan. 14, 2016, 63 DCR 801).

Temporary Legislation

For temporary (225 days) amendment of this section, see § 2 of the Marijuana Possession Decriminalization Clarification Temporary Amendment Act of 2015 (D.C. Law 21-11, June 4, 2015, 62 DCR 4717).

For temporary (225 days) amendment and addition of section, see § 2 of the Marijuana Possession Decriminalization Clarification Temporary Amendment Act of 2016 D.C. Law 21-98, April 6, 2016, 63 DCR 2211, 20 DCSTAT 3135).

Editor's Notes

Section 501 of D.C. Law 20-126 provided that the Mayor, pursuant to subchapter I of Chapter 5 of Title 2 [§ 2-501 et seq.], may issue rules to implement the provisions of the act.