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Washington, DC Public Conduct: Public Marijuana Use (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 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.

Source: DC Code 48-911.01View official code

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?
Yes. D.C. Code § 48-911.01(a) bans smoking or consuming marijuana in a public space notwithstanding any other District law, so the separate legalization of possession does not exempt public sidewalks, streets, parks, or parking areas from this ban.
What penalty applies for smoking marijuana in a D.C. park?
It is a misdemeanor under § 48-911.01(c), punishable by a fine of not more than $500 under § 22-3571.01(b)(3) or imprisonment of not more than 60 days, or both, since the offense's maximum imprisonment term of 60 days falls in that fine tier.
Does the ban cover vaping or just smoking marijuana?
It covers more than smoking. Section 48-911.01(e) defines "smoke" to include inhaling, ingesting, or otherwise introducing marijuana into the body, or holding or carrying lighted smoking equipment filled with marijuana, so vaping or otherwise consuming it in public is also barred.
Can someone be cited for being impaired on private property they don't own?
Yes. Section 48-911.01(b) separately bars being impaired from smoking or consuming marijuana, on public or someone else's private property, in a way that endangers the safety of the person, another person, or property, regardless of the public-space rule in subsection (a).

Sources & Official References

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