DC Drug Crimes Attorney

The most common drug arrest in Washington, DC is simple possession of drugs for personal use. In DC, this offense is a misdemeanor and carries a maximum penalty of 180 days in jail and or a maximum fine of $1000.00. However, possession of liquid PCP is a felony, and carries up to a 3 year term of imprisonment.

In Washington, DC, a person can be charged with possession with the intent to distribute if knowingly possessed a measurable amount of a controlled substance and while possessing it they intended to transfer this substance to another person. This is a felony offense.

In Washington, DC, the DC code has made possession with the intent to distribute (PWID) a felony. It carries a maximum penalty of up to 30 years in jail. In addition, a conviction can have very severe immigration consequences.

A skilled Washington, DC attorney will know how to defend against the felony charge of possession with the intent to distribute (PWID). Several common defenses are:

• Arguing there was no actual or constructive possession.
• Arguing the amount possessed was for personal use.
• Arguing there was an illegal search or seizure under the 4th amendment.

The DC code breaks possession down into two categories. The first category is actual possession, and the second category is constructive possession.

• Actual possession is when an individual has actual physical possession of the drug. A good example of this is when a drug is found in a person’s purse, pocket, or backpack.
• Constructive possession occurs when the individual knew about the drugs and had the ability to exercise control over them. Examples of this are: when drugs are found under a person’s car seat, in their glove box or somewhere within their home such as in a safe or clothing drawer.

• Heroin
• LSD (Lysergic acid diethylamide)
• Ecstasy
• Crystal Meth
• Mescaline
• Peyote

• Cocaine
• Fentanyl
• Adderall
• Ritalin
• Opium
• OxyContin

• Testosterone
• Ketamine
• Anabolic Steroids
• Tylenol with codeine

• Xanax
• Valium
• Ambien

• Robitussin AC
• Motofen
• Lyrica
• Phenergan with Codeine

In Washington, DC it is legal for a person 21 years or older to possess two ounces or less of marijuana plant for personal use.

In Washington, DC it is legal to grow marijuana within your primary residence. However, you can only grow six marijuana plants at a time and no more than three of them may be mature at a given time.

In Washington, DC, it is legal to gift or transfer up to one ounce of marijuana to a person. However, no money, goods or services may be exchanged, and the recipient must be 21 years of age or older.

No. It is a crime in Washington, DC to smoke marijuana in any public space such as a park, street, sidewalk, or back alleys. In addition, it is still illegal to smoke marijuana in a restaurant, concert hall, bar, or coffee shop.

The Superior Court Drug Intervention Program, or “Drug Court,” was established in 1993, as an alternative to punitive punishment – such as jail- to provide help to those who were arrested on drug or alcohol charges. In some cases, a person arrested on a serious drug or alcohol charge may avoid jail time or even a conviction by entering drug court. In other cases, the government will extend drug court related diversion opportunities including a deferred sentencing or a deferred prosecution agreement.