Whether you are moving to Washington DC permanently, attending one of the many universities in the city, or simply visiting, there is always something to do in the city. However, people new to DC and even longtime residents may not know the nuances of the DC code. From smoking outside, drinking in public, or to simply riding a bike, Washington has some unique laws that you may not know about. Read below for a quick breakdown of many of the rules and regulations in our nation’s capital.
This article is meant to be a guide to laws in DC; however, it should not be interpreted as the law itself. To see the actual wording of the laws check out the Official DC Code.
Alcohol
Underage Drinking/Fake ID’s
If a person under the age of 21 is convicted of purchasing, attempting to purchase, posses, or drinking alcoholic beverages they are guilty of a misdemeanor and upon first offense will face a fine of up to $300 and suspension of driving privileges for 90 days.
A person will face the same penalty for falsely representing his or her age, or possess an identification document that is fraudulent in any way for the purpose of buying, possessing, or drinking alcohol.
Bottom Line: Under DC law, it is illegal to drink alcohol underage. If you get caught drinking, possessing, or buying alcohol you will likely face a fine and suspension of your driver’s license.
Providing Alcohol to Minors
If a person who is not a licensed vendor offers, provides, or make alcohol available to someone under the age of 21 they may be face a fine of up to $1,000 and/or be imprisoned for up to 180 days for the first offense.
Open Container/Public Intoxication
No person may drink or possess and open container of an alcohol in a public area. Lawful consumption of alcoholic beverages must be in a public place that is licensed to sell alcoholic beverages, during times that such a place is authorized to sell, or in a private residence with permission of the owner. It is also unlawful in both public and private places for a person to be intoxicated and endanger the safety of himself, herself, or any person or property.
Any person convicted of violating these laws is guilty of a misdemeanor and may be punished with a fine no more than $500 and or up to 90 days in jail.
Bottom line: Under DC law, it is illegal to drink alcohol in public unless you are in an enclosed outside area at a licensed venue. It is also illegal to be drunk and endanger yourself, others, or anyone’s property.
When You Can Buy Alcohol
The Alcoholic Beverage Regulation Administration issues several different classes of licenses, which allow for the sale of alcohol during certain hours.
Class A (Grocery store, liquor store, corner store…): May sell beer, wine, and spirits from 7 am-midnight, Monday-Sunday.
Class B (Grocery or convenience store): May sell beer and wine from 7 am-midnight, Monday-Sunday
Restaurant/Tavern/Night Club/Hotel/Multipurpose Facility: May sell and serve beer, wine, and spirits (depending on type of restaurant license) from 8 am-2 am Monday-Friday, and from 8 am-3 am Saturday-Sunday
Controlled substances
Medical Marijuana
A patient may possess and administer marijuana as well as any other related paraphernalia given that they have a signed written recommendation from a physician operating within DC law. The patient must also register with the mayor, a process which requires providing a copy of a doctor’s written recommendation as well as the designation of a specific dispensary for use by the patient.
Upon registration a patient will receive an identification card for verification by law enforcement, each card must be renewed annually. While use and possession of marijuana is legal for those who are registered, patients are not allowed to operate a vehicle under the influence of marijuana.
Marijuana
Currently, possession of less than 1/2 lb of marijuana is a misdemeanor, which if someone is convicted of can be punished by up to 180 days in jail and or up to a $1,000 fine. However, DC just passed a bill that would decriminalize possession of up to one ounce. Under the new bill, people caught possessing small amounts would only face a $25 fine. The bill was signed by DC Mayor Vincent Gray on March 31, 2014 and now currently faces a 60-day period of congressional review.
Bottom line: Marijuana not obtained through the city’s medical program remains illegal in DC. However, if the current bill passes through the congressional review process penalties for possessing small amounts will dramatically decrease and jail time will no longer be on the table.
Other Controlled Substances
DC law makes possession of an illegal drug, except PCP, a misdemeanor. The punishment for a first offense is up to 180 days in jail and or up to a $1,000 fine. Punishment is largely dependent on the severity of the offense and the substance involved.
DC has five classes of substances ranging from Schedule I characterized by a high potential for abuse and little to no medical value, to Class V characterized by low potential for abuse and dependence as well as widely accepted medical value.
Biking laws
Helmets
It is required for any person under the age of 16 to wear a helmet while biking in public. It is unlawful for any parent or guardian to knowingly allow their child to operate a bicycle without a helmet, an offense that can result in a $25 fine.
Riding a bike
Bicyclists riding on highways are subject to the same duties as drivers of motor vehicles, including traveling in the same direction of traffic. There is no law requiring bicyclists to use provided bike lanes; however, in the Central Business District (CBD) biking on sidewalks is prohibited.
The CBD is defined by the area between 2nd Street NE and SE, D Street SE and SW, 14th Street SW and NW, Constitution Ave NW, 23rd Street NW, and Massachusetts Ave NW (click here for a map). Within the CBD biking is allowed on parks and land owned by the Federal Parks Service.
Bicycles must also be equipped with an “audible warning device” such as a bell, which can be heard at least 100 feet away. Finally, although it is not advisable, there is no law prohibiting cell phone use while biking, as existing laws only apply to motor vehicles.
For further information check out the Pocket Guide to DC Bike Laws provided by the District Department of Transportation
Miscellaneous
Littering: 1st violation is a $75 fine (in a 60 day period)
Crosswalks: An intersection of two or more roadways is considered a crosswalk, whether it is marked or not. Drivers must yield the right of way to pedestrians in both marked and unmarked crosswalks.
Smoking
DC’s smoke free laws went into full effect in January of 2007, after which point people are no longer able to smoke in public buildings, worksites, restaurants, and bars. The city passed further legislation that prohibits smoking within 25 feet of public parks, playgrounds, recreational centers, and bus stops.
Bottom line: You can only smoke outdoors, in cigar bars, and your residence or a rented hotel room. Otherwise you will face a fine between $10 to $50 on your first offense, and $50 to $100 for subsequent offenses. Simply put, save the cost of a pack of cigarettes and walk outside.
Renting
If you are moving to DC and plan to rent an apartment there are several laws and regulations in place to help protect consumers. Before you submit an application, a potential landlord must disclose: the cost of the non-refundable application, the amount of rent and any surcharges for the unit, the frequency that rent increases may be implemented, the cost of the security deposit (if there is one), and all reports for housing code violations that occurred in the past year.
Bottom Line: look for the important details about the cost and conditions of the building before you submit the application. There are several laws in place to help protect renters, for more information about your rights as a renter and important details about the renal process check out the Washington DC Tenant Survival Guide.
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Kevin Rizzo (@kevinrizzo10)
Feature Image Courtesy of [Sgt. Andy Dunaway/U.S Navy via Wikimedia]