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Current through October 23, 2012
(a) Except as authorized by Chapter 16B of Title 7, it is unlawful for any person to use, or to possess with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inhale, ingest, or otherwise introduce into the human body a controlled substance. Whoever violates this subsection shall be imprisoned for not more than 30 days or fined for not more than $100, or both.
(b) Except as authorized by Chapter 16B of Title 7, it is unlawful for any person to deliver or sell, possess with intent to deliver or sell, or manufacture with intent to deliver or sell drug paraphernalia, knowingly, or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance. Whoever violates this subsection shall be imprisoned for not more than 6 months or fined for not more than $1,000, or both, unless the violation occurs after the person has been convicted in the District of Columbia of a violation of this subchapter, in which case the person shall be imprisoned for not more than 2 years, or fined not more than $5,000, or both.
(c) Any person 18 years of age or over who violates subsection (b) of this section by delivering drug paraphernalia to a person under 18 years of age who is at least 3 years his or her junior is guilty of a special offense and upon conviction may be imprisoned for not more than 8 years, fined not more than $15,000, or both.
(d) Where the violation of the section involves the selling of drug paraphernalia by a commercial retail or wholesale establishment, the court shall revoke the license of any licensee convicted of a violation of this section and the certificate of occupancy for the premises.
(e)(1) Except as provided in paragraphs (2), (3), and (3A) of this subsection, it is unlawful to sell the following products in the District of Columbia:
(A) Cocaine free base kits;
(B) Glass or ceramic tubes less than 6 inches in length and 1 inch in diameter sold or possessed with or without any screen-like device;
(C) Cigarette rolling papers; and
(D) Cigar wrappers, including blunt wraps.
(2) A commercial retail or wholesale establishment may sell cigarette rolling papers if the establishment:
(A) Derives at least 25% of its total annual revenue from the sale of tobacco products; and
(B) Sells loose tobacco intended to be rolled into cigarettes or cigars.
(3) A wholesaler may sell cigarette rolling papers to retail establishments described in paragraph (2) of this subsection.
(3A) A cultivation center or dispensary may sell cigarette rolling papers in accordance with Chapter 16B of Title 7.
(4) A person who violates this subsection shall be imprisoned for not more than 180 days or fined not more than $1,000, or both, unless the violation occurs after the person has been convicted in the District of Columbia of a violation of this subchapter, in which case the person shall be imprisoned for not more than 2 years, or fined not more than $5,000, or both.
(Sept. 17, 1982, D.C. Law 4-149, § 4, 29 DCR 3369; Mar. 14, 1985, D.C. Law 5-159, § 14, 32 DCR 30; June 13, 1990, D.C. Law 8-138, § 3(b), 37 DCR 2638; Apr. 9, 1997, D.C. Law 11-213, § 2(c), 43 DCR 4990; Apr. 24, 2007, D.C. Law 16-306, § 227(c), 53 DCR 8610; July 23, 2010, D.C. Law 18- 189, § 5(b), 57 DCR 3019; July 27, 2010, D.C. Law 18-210, § 3(d), 57 DCR 4798; Sept. 26, 2012, D.C. Law 19-171, § 138, 59 DCR 6190.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 33-603.
Effect of Amendments
D.C. Law 16-306 added subsec. (e).
D.C. Law 18-189 rewrote subsec. (e)(1)(D); and, in subsecs. (e)(2) and (3), deleted "or cigar leaf wrappers" following "rolling papers". Prior to amendment, subsec. (e)(1)(D), read as follows:
"(D) Cigar leaf wrappers."
D.C. Law 18-210, in subsecs. (a) and (b), substituted "Except as authorized by Chapter 16B of Title 7, it is unlawful" for "It is unlawful"; in subsec. (e)(1), substituted "Except as provided in paragraphs (2), (3), and (3A) of this subsection," for "Except as provided in paragraphs (2) and (3) of this subsection,"; and added subsec. (e)(3A).
D.C. Law 19-171, in subsecs. (e)(1) and (3A), validated previously made technical corrections.
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 227(c) of Omnibus Public Safety Emergency Amendment Act of 2006 (D.C. Act 16-445, July 19, 2006, 53 DCR 6443).
For temporary (90 day) amendment of section, see § 227(c) of Omnibus Public Safety Congressional Review Emergency Amendment Act of 2006 (D.C. Act 16-490, October 18, 2006, 53 DCR 8686).
For temporary (90 day) amendment of section, see § 227(c) of Omnibus Public Safety Congressional Review Emergency Amendment Act of 2007 (D.C. Act 17-10, January 16, 2007, 54 DCR 1479).
For temporary (90 day) amendment of section, see § 227(c) of Omnibus Public Safety Second Congressional Review Emergency Amendment Act of 2007 (D.C. Act 17-25, April 19, 2007, 54 DCR 4036).
Legislative History of Laws
For legislative history of D.C. Law 4-149, see Historical and Statutory Notes following § 48-1101.
Law 5-159 was introduced in Council and assigned Bill No. 5-540, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on November 20, 1984, and December 4, 1984, respectively. Signed by the Mayor on December 10, 1984, it was assigned Act No. 5-224 and transmitted to both Houses of Congress for its review.
Law 8-50 was introduced in Council and assigned Bill No. 8-295. The Bill was adopted on first and second readings on June 27, 1989, and July 11, 1989, respectively. Signed by the Mayor on August 1, 1989, it was assigned Act No. 8-83 and transmitted to both Houses of Congress for its review. D.C. Law 8-50 became effective on October 19, 1989.
Law 8-138 was introduced in Council and assigned Bill No. 8-495, which was referred to the Committee on the Judiciary. The Bill was adopted on first and second readings on March 13, 1990, and March 27, 1990, respectively. Signed by the Mayor on April 17, 1990, it was assigned Act No. 8-194 and transmitted to both Houses of Congress for its review.
For legislative history of D.C. Law 11-213, see Historical and Statutory Notes following § 48-1101.
For Law 16-306, see notes following § 48-904.07a.
For Law 18-189, see notes following § 48-1101.
For Law 18-210, see notes following § 48-904.01.
For history of Law 19-171, see notes under § 48-832.01.
