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Can you smoke weed here? A look at the DC, Maryland and Virginia laws

On Friday afternoon, DC police sent out a tweet reminding residents to "smoke your marijuana responsibly," and also review DC weed law.
Credit: Drew Angerer/Getty Images
JOHNSTOWN, NY - AUGUST 19: Cannabis plants grow in the greenhouse at Vireo Health's medical marijuana cultivation facility, August 19, 2016 in Johnstown, New York.

WASHINGTON (WUSA9) — Friday is 4/20, a celebrated day among marijuana smokers – but is it actually legal to smoke weed where you live?

On Friday afternoon, DC police sent out a tweet reminding residents to “smoke your marijuana responsibly,” and also review DC weed law.

“The little bit of time it takes to read over these quick facts, is worth more than the time you could spend behind bars!” They wrote.

Depending on where you live in the DMV, you may be legally able to partake in 4/20 today, but be warned: restrictions still apply.

RELATED: What a change in pot policy means for DC, Md.

In D.C., possession of small amounts of marijuana became legal in February 2015. However, that’s only if you’re 21 and over.

According to DC law, a person who is at least 21 years old can:

  • Possess two ounces or less of marijuana;
  • Transfer one ounce or less of marijuana to another person who is at least 21 years old, so long as there is no payment made or any other type of exchange of goods or services;
  • Cultivate within their residence up to six marijuana plants, no more than three of which are mature;
  • Possess marijuana-related drug paraphernalia – such as bongs, cigarette rolling papers, and cigar wrappers – that is associated with one ounce or less of marijuana; or
  • Use marijuana on private property.

So, essentially, you only may possess small amounts of weed, you may not buy or sell it, and you may only use it on private property.

RELATED: Medical cannabis oil bill approved by all Virginia lawmakers

Possessing marijuana under the age of 21, operating a vehicle under the influence, selling it, or using it in public spaces can result in criminal charges.

In Maryland, recreational marijuana is not legal; however, possession of marijuana of less than 10 grams has been decriminalized.

Medical marijuana, on the other hand, is legal. Patients must register through the Maryland Medical Cannabis Commission, get certification from a registered doctor, and receive their medication through a licensed dispensary.

In Virginia, recreational and medical marijuana is illegal, except for some cases. In 2015, a law passed allowing the use of cannabidiol oil for patients with epilepsy. A licensed doctor must write the prescription.

However, on March 9, 2018, the Virginia governor signed a bill that would expand the use of medical cannabis oil beyond patients with epilepsy and will now include all patients who are recommended by their licensed doctor. This is known as an affirmative defense – meaning a patient must provide written certification.

This all accounts for state law – federally, marijuana is still illegal. In fact, the Department of Justice issued a memo in January, calling for all U.S. attorneys to enforce federal policy on marijuana.

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