Washington, DC Public Conduct: Public Marijuana Use (2026)
Key Facts
- Governing section
- D.C. Code § 48-911.01
- Max fine
- $500 (via § 22-3571.01(b)(3))
- Max jail term
- 60 days
- Prosecuting office
- D.C. Attorney General
- Covered locations
- Streets, parks, sidewalks, vehicles, public-invite spaces
Summary
In Washington, D.C., smoking or otherwise consuming marijuana in any public space is a criminal misdemeanor. D.C. Code § 48-911.01 bars use on streets, alleys, parks, sidewalks, parking areas, vehicles on those areas, and any place open to the public, with fines up to $500 or 60 days in jail.
(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. (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.
Full Breakdown
C. 01 prohibits smoking or otherwise consuming marijuana in or upon a public space, listing streets, alleys, parks, sidewalks, and parking areas, a vehicle parked or driven on any of those areas, and any place to which the public is invited. The ban applies notwithstanding any other District law, meaning the District's broader legalization of marijuana possession does not create an exception for public use. A separate impairment clause in subsection (b) bars anyone, on public or someone else's private property, from being impaired from smoking or consuming marijuana in a way that endangers the safety of themselves, another person, or property.
The section defines "smoke" broadly in subsection (e) as inhaling, ingesting, or otherwise introducing marijuana into the body, or holding or carrying a lighted roll of paper or other lighted smoking equipment filled with marijuana, so lighting up counts even before a person actually inhales. Violating either the public-use ban in subsection (a) or the impairment ban in subsection (b) is a misdemeanor. C. 01 or imprisonment for not more than 60 days. 01(b)(3) caps the fine at $500 for an individual defendant. S. Attorney.
The Metropolitan Police Department enforces the section on the street, most often issuing citations or arrests for use in parks, on sidewalks, or in vehicles rather than for private consumption behind closed doors.
Violations & Fines
A first violation of the public-use or impairment ban is charged as a misdemeanor. On conviction, a court may impose a fine of not more than $500 under the general misdemeanor fine schedule in D.C. Code § 22-3571.01(b)(3), imprisonment of not more than 60 days, or both. The Attorney General for the District of Columbia prosecutes the case in the District's name under § 48-911.01(d); MPD officers issue the underlying citation or arrest.
Frequently Asked Questions
Is smoking marijuana on a D.C. sidewalk illegal even though possession is legal?
What penalty applies for smoking marijuana in a D.C. park?
Does the ban cover vaping or just smoking marijuana?
Can someone be cited for being impaired on private property they don't own?
Sources & Official References
Other rules in Washington
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