Many states don’t want people selling marijuana. They also don’t want it readily available. Yet, they’re also against filling their prison cells with people caught smoking or possessing cannabis. Every state has different rules and regulations for cannabis use. This can mean that what you do legally in one state can become highly illegal once you drive over the border into another.
The more informed you are about state regulations, the easier it can be for you to comply and stay on the right side of the law. That’s where Initiative 71 comes in. You can learn what I-71 in Washington D.C. is below and what it could mean for you and your cannabis-loving friends.
What Is Initiative 71?
Initiative 71, also called I71 and I-71, is a Washington D.C. initiative legalizing small amounts of marijuana for personal use. This initiative has also enabled I71 dispensaries to operate legally. If you’re 21 years or older, it’s now lawful in Washington D.C. for you to:
- Be in possession of up to two ounces of marijuana
- Use marijuana on private property
- Cultivate up to six marijuana plants in your primary residence, with three or fewer at maturity at any one time
- Transfer up to one ounce of marijuana to another person as long as no goods, services, or money are exchanged, and the recipient is at least 21 years old or older
It remains illegal to:
- Be in possession of over two ounces of marijuana
- Smoke or consume marijuana in a public space open to the public, like restaurants, bars, and coffee shops
- Sell marijuana to anyone
- Operate a vehicle or boat under the influence of marijuana
In essence, this initiative doesn’t make marijuana sales legal. Instead, it makes it legal to possess a specific amount and remain a law-abiding citizen. However, eligible people can also obtain marijuana from licensed medical marijuana facilities.
How Are Dispensaries Operating Legally?
When you read through the details of Initiative 71, it becomes clear that marijuana sales are not legal. This might make you wonder how dispensaries have become commonplace since the initiative came into effect.
Business owners have discovered a loophole in the initiative that they’ve taken full advantage of. They’re not allowed to sell marijuana, but they can transfer up to an ounce to another person as long as they don’t receive goods, services, or money for that marijuana.
This has paved the way for an innovative gifting model. A business can legally gift marijuana to you. While gifting isn’t a profitable venture, that business can sell other items. For example, someone over the age of 21 can buy a bracelet or keychain for $30 and receive up to an ounce of marijuana for free.
Many businesses have gotten creative with how they use this loophole. Some companies sell herbal teas and offer an ‘enhanced’ experience with free marijuana. Others sell used clothing and give away cannabis to those who ask for it. They advertise themselves as I-71-compliant stores so Washington D.C. residents know what to expect when they visit.
Washington D.C. Doesn’t Like This Trend
Washington, D.C. lawmakers might have thought they had covered all bases by having licensed medical marijuana dispensaries and more relaxed possession laws. However, savvy business owners are always looking for loopholes – and they found them.
In 2022, a Washington D.C. joint cannabis task force started cracking down on I-71 shops gifting marijuana in exchange for purchases. This is partly because medical marijuana dispensaries think these shops are taking business away from them.
The task force would be making unannounced inspections of businesses to ensure they abide by Washington D.C. laws. In particular, they were looking at proper registration with the Office of Tax and Revenue, food safety laws, and fire codes. All businesses are already subject to these rules and regulations, but the task force would be providing additional oversight. In essence, they want to find something wrong with I-71 businesses and potentially shut them down.
How Do I-71 Shops Stay Compliant?
Washington, D.C., business owners don’t want to be on the wrong side of the law. They want to be law-abiding citizens, offering an easy way for people to consume cannabis for a wide variety of reasons, like fun, sleep, stress, and pain.
However, with task forces keeping a close eye on self-described I-71 businesses, those owners must ensure complete compliance to avoid repercussions. The most crucial step is making sure that the joint cannabis task force has no reason to penalize you. Ensure your fire codes are up to scratch, follow all food safety laws, and register with the Office of Tax and Revenue to pay all relevant taxes.
It’s also essential to train your customers on how they can remain compliant. This can involve checking their ID to ensure they’re 21 or older and telling them that you don’t sell marijuana when they ask if you do.
You can then encourage them to purchase something else you sell, like a sticker pack, art, or a T-shirt. Once they make their choice, you’ll be throwing in their ‘gift’ for free. Sure, your sticker pack might seem overpriced to a customer, but that’s until they understand what gift-giving in Washington, D.C., is all about.
Law-Breaking Punishments Can Be Severe
There is such a small loophole in the I71 initiative that it’s easier than you think to be on the wrong side of the law. However, the punishments for breaking the law can be severe. If you’re caught breaking the rules as a business, such as selling marijuana without using the gifting system, you can face a $1,000 fine for your first offense and jail time of up to six months. If your business lets people use cannabis and you’re not following the rules of I-71, you might even lose your certificate of occupancy and license.
Initiative 71 is a fun way for business owners and individuals to enjoy marijuana while staying on the right side of the law. The more you know about I-71, the easier it might be for you to comply with the rules and join a community of like-minded people.
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