How to Get High in Washington D.C.: A Look at America’s Only Unregulated Marijuana Market
It’s a calm night in the nation's capital. A joint burns between my fingers atop the roof of a D.C. restaurant. In most other places, this would be illegal. But not here. D.C. is home of the only unregulated recreational marijuana market in America.
This is the third “marijuana event” I’ve attended in the last two days. Last night, I went to a “pop-up” shop so crowded with vendors and consumers that it was almost impossible to move. Afterwards, I pulled up to a warehouse where vendors gathered around a dance floor and fire spinners played outside in the rain. The marijuana-laced empanadas were delicious.
But here things are simple. There is one vendor for herb, one for live resin, and one for edibles. No crowd. No fire spinners. No dance floor. Just diners enjoying dinner amidst the smell of legal, recreational marijuana on the rooftop of a restaurant in America’s capital.
But how did this happen? How did Washington D.C. become the only place in America with a virtually unregulated recreational marijuana market?
Well, the answer begins with a simple piece of legislation: Initiative 71.
What is Initiative 71?
Initiative 71 (I71) is the law that legalized recreational marijuana in Washington D.C. It was passed by voters on November 4, 2014 and enacted on February 26, 2015.
Under I71, an individual over twenty-one years of age may:
Possess up to two ounces of marijuana
Grow up to six cannabis plants in one’s principal residence, though only three can be mature and flowering
Possess all marijuana harvested from those plants
Transfer up to one ounce of marijuana to another person over twenty-one years old without payment
I71, however, maintains that selling marijuana is illegal in D.C.
But there is a loophole.
How to Legally “Buy” Marijuana in D.C.
Because marijuana cannot be sold in D.C., you cannot legally buy it. But you can have up to an ounce transferred to you for free.
This means that I can buy a non-marijuana product and then have marijuana transferred to me as a gift. For example, I might pay $45 for this bag of coffee:
And I might be gifted this bag of marijuana:
In this transaction, I paid for a bag of coffee and was gifted marijuana. This “gifting” is a type of transfer without payment. Thus, I and the vendor are acting in full compliance with I71.
Where to Buy Marijuana in D.C.
In D.C., there are several ways to legally receive marijuana as a gift. These two are likely the easiest for tourists or those traveling through D.C. for work, school, or pleasure:
1. Delivery Companies
There are a growing number of companies that deliver marijuana as a gift with the purchase of a non-marijuana product. Many of these use code words and covert language to describe marijuana products in an effort to remain I71 compliant.
One of these is called “High Speed” which sells cold pressed juice and delivers it with a gift of marijuana. Their packaging is some of the most detailed and original in the D.C. market:
In every transaction, the juice is purchased and the marijuana is transferred without payment as a gift.
Different companies offer different gifts. Some, like High Speed, gift raw herb while others transfer without payment concentrates or edibles. To compare the various delivery companies, take a look here.
2. Pop-Up Shops
At a Pop-Up Shop, a single vendor or group of vendors will set up a booth or table and gift marijuana products with a non-marijuana purchase. Vendors include individuals, groups, and businesses and typical gifts include a sticker, piece of candy, storage container, or business card.
Pop-Up Shops can “pop up” anywhere. On my trips to D.C., I’ve visited Pop-Up Shops in restaurants, bars, clubs, warehouses, and rooftops. In some cases, the Pop-Up Shop is part of a larger event including concerts, parties, or other gatherings.
If you’re trying to find a Pop-Up Shop or other marijuana event, take a look here.
Many Types of Gifts
There are many different types of marijuana products that can be found within D.C. If you go to a Pop Up shop with multiple vendors, you’ll likely find all of these:
Raw Herb (Pictured below are two different strains I was gifted at a Pop-Up Shop: Shiskerberry on the right and Alpha Blue on the left)
Concentrates (Pictured below is a vial of "crumble" that I was gifted at a Pop-Up Shop)
Edibles (Below are various edibles that were gifted to me at a Pop-Up Shop: THC-Infused Cheese-Its called Weed-Itz on the right and THC-Infused Bacon Jerky)
In addition, you can also find these marijuana-infused products among others:
Beverages
Pre-rolled Joints (including "Moon Joints")
Moon Rocks
Tinctures
CBD Products
What Does Uncle Sam Think About All of This?
The ballot results for the D.C. election were verified on December 3, 2014, and Initiative 71 formally passed with 64.87% of the total vote. Six days later, the United State Congress made efforts to prevent the law from being enacted.
In the budget for 2015, Congress included a provision that prohibited the use of federal or local tax dollars being used to “enact or carry out any law, rule, or regulation to legalize or otherwise reduce penalties associated with the possession, use, or distribution of any schedule I substance under the Controlled Substances Act (21 U.S.C. 801 et seq.) or any tetrahydrocannabinois derivative for recreational purposes”
Thus, the marijuana market in D.C. cannot be legally regulated as it would cost money which would require federal or local tax dollars which would violate Congress’s decree which would make such regulation illegal.
Thus, whether Congress likes it or not, they have indirectly created the first and only unregulated marijuana market in the country.
And the House Representatives are not happy about it.
On February 24, 2015, Chairman of the House of Representatives Committee on Oversight and Government Reform Jason Chaffetz and Chairman of the Subcommittee on Government Operations Mark Meadows wrote a public letter to D.C. Mayor Muriel Bowser asking her to reconsider moving forward with I71.
She didn’t listen.
Two days later, I71 went into effect and the nation’s first unregulated recreational marijuana market formally emerged. The United States government has yet to do anything to force D.C. to amend I71 or any of its medical marijuana laws but it continues to prohibit regulation.
Conclusion
Congress tried to prevent recreational marijuana from being legalized in D.C., but their actions created the only unregulated recreational marijuana market in America. The Council and Mayor of the District of Columbia cannot legally tax or regulate the sales of recreational marijuana because that would require federal or local tax dollars, which Congress made illegal.
Sales remain illegal but less than an ounce may be transferred to another without payment. Thus, delivery companies and vendors at Pop-Up shops can gift marijuana with the purchase of a non-marijuana item legally. They just can’t gift more than an ounce at a time.
Because there are no recreational dispensaries, it might seem like finding marijuana might be difficult. But now that you’ve read this article, you have all the information you’ll need to get high in Washington D.C. So share the love and share this article.
Let’s Make America High Again!
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(Article by Alexander Fred)
(All Images of marijuana products taken within the geographic boundaries of Washington D.C. and were not taken outside of the District)
(Cover image source The Higher Content)