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Is CBD Legal in Washington, DC? Hemp and CBD Rules in 2026

As of November 3, 2026, DC law has no hemp exception. Officials treat hemp CBD as cannabis, so only licensed medical cannabis businesses may sell it.

Last checked: Based on official sourcesNot legal advice.

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In short

As of November 3, 2026, District of Columbia law does not define hemp or carve it out of its definition of cannabis. In 2021, the District's Office of the Attorney General concluded that CBD, including CBD made from hemp, is cannabis under District law.[1, 2]

In 2024, the District's Alcoholic Beverage and Cannabis Board said products with hemp-derived CBD or delta-8 THC cannot be sold commercially in the District without a medical cannabis license, whatever their status under federal law. DC Health has said since 2018 that THC and CBD cannot lawfully be in food sold at food establishments.[3, 4]

Adults 21 and older may possess up to 2 ounces of marijuana under Initiative 71, but the law does not allow selling it. Cannabis sales are allowed only through businesses licensed in the medical cannabis program.[5, 6]

At a glance

Is CBD Legal in Washington, DC? Hemp and CBD Rules in 2026
TopicStatus
Is CBD legal?Not for sale outside the medical cannabis program. District law has no hemp exception. The Office of the Attorney General (2021) and the Alcoholic Beverage and Cannabis Board (2024) treat hemp-derived CBD as cannabis, and the Board says such products cannot be sold commercially without a medical cannabis license. We found no District law or guidance that speaks directly to an adult having a CBD product for personal use.[1, 2, 3]
Hemp definition and THC limitDistrict law does not define hemp and sets no hemp THC limit. Its definition of cannabis covers all parts of the plant genus Cannabis, including both marijuana and hashish. The Board has said that whether a product counts as hemp under federal law is irrelevant under District law.[1, 3]
CBD in food and drinksNot allowed in food establishments. DC Health's 2018 guidance says THC and CBD are legally considered cannabis and hashish, so they cannot lawfully be present in food sold at food establishments in the District. The same letter says adding cannabis to food there is food adulteration. In its 2018 letter, DC Health said only medical cannabis program businesses approved to make food products could infuse food, and only program dispensaries could sell those products to registered patients.[4]
Intoxicating hemp products (delta-8, THCA flower and similar)Not legal to sell outside the medical program. In a 2024 order, the Board said delta-8 THC and other substances that may come from hemp had not been legalized in the District. District law lists "hashish" and "synthetic tetrahydrocannabinols" in Schedule II, with no hemp exception we could find. The 2024 Board order involved a shop selling prerolled cannabis and a THCA vape pen whose label called it hemp oil with under 0.3 percent THC.[3, 7]
Minimum ageThe District does not treat hemp or CBD as a separate category, so we found no separate age rule for it. Adults 21 and older may possess marijuana under Initiative 71. In the medical program, District residents of any age may register (minors need an adult caregiver), people 21 and older may self-certify, and nonresidents must be 21 or older.[5, 8]
Who can sell itOnly businesses licensed by the Alcoholic Beverage and Cannabis Administration (ABCA) in the medical cannabis program, such as retailers, internet retailers, and couriers. The Board may fine unlicensed sellers $10,000 for a first violation, $20,000 for a second, and $30,000 for later ones, and may order closure. The Board has applied these rules to a shop whose products included a vape with a label claiming it was hemp under the federal Farm Bill. In October 2025, a federal court dismissed a lawsuit by another hemp shop that the District had closed. The court wrote that the 2018 Farm Bill does not expressly override state laws on hemp possession and sale.[3, 6, 9]
Labels and lab testingWe found no District label or testing rules written for hemp products, because District officials do not treat hemp CBD as its own product type. For cannabis, District law treats an unlicensed seller offering products not tested by a licensed lab (once such a lab is licensed), or products without a label showing source, contents, ingredients, and THC content, as an imminent danger to public health.[3, 6]
Medical and adult-use marijuanaThe District has a medical cannabis program run by ABCA. Under Initiative 71, adults 21 and older may possess up to 2 ounces, give away up to 1 ounce, and grow up to 6 plants at home (3 or fewer mature). The law does not allow selling marijuana outside the medical program.[5, 8]
November 12 and December 11, 2026From November 12, 2026, the federal hemp definition leaves out cannabinoids the plant cannot make naturally. The rest of the change, including a 0.4 mg total THC limit per container, is set for December 11, 2026, unless Congress delays it again. District law has no hemp definition tied to federal law, and the Board treats federal hemp status as irrelevant. In our reading, the federal change may not alter how District law treats CBD. The Attorney General's 2021 analysis says the District may not restrict the interstate transportation of hemp. We found no District guidance on the 2026 federal change.[1, 2, 3, 10, 11]

How District law treats hemp and CBD

The District's drug law defines cannabis as all parts of the plant genus Cannabis, including both marijuana and hashish. Hashish includes resin from the plant and every compound, derivative, or preparation made from that resin. The definition has no exception for hemp.[1]

In an April 28, 2021 legal analysis, the Office of the Attorney General agreed that CBD is cannabis under District law, even when it comes from hemp. It said the federal 2018 Farm Bill does not require the District to permit hemp-derived CBD. It added one limit: the District may not restrict the interstate transportation of hemp.[2]

On August 28, 2024, the Alcoholic Beverage and Cannabis Board ordered a shop to stop selling cannabis products. In the order, the Board wrote that products containing hemp-derived CBD, delta-8 THC, or other substances from cannabis classified as hemp cannot be sold commercially in the District unless the seller has a medical cannabis license.[3]

On October 8, 2025, the U.S. District Court for the District of Columbia dismissed a lawsuit brought by a hemp shop that the District had closed. The court wrote that neither the 2018 Farm Bill nor its federal rules expressly override state laws on hemp possession and sale. It also wrote that nothing in the Farm Bill's text or structure supports the argument that states must use the federal definition of hemp. The dismissal was without prejudice, and part of it rested on standing, which is about whether the shop could bring certain claims. We could not confirm whether the ruling was appealed as of November 3, 2026.[9]

CBD in food and drinks

In a July 31, 2018 letter to business owners, DC Health said THC and CBD are legally considered cannabis and hashish. It concluded that they cannot lawfully be present in a food item sold at food establishments in the District.[4]

DC Health treats adding cannabis, marijuana, or hashish to food in a food establishment as food adulteration. It said it may issue fines of up to $1,000 per violation, hold and destroy the food, suspend the establishment's license, or issue a cease and desist order.[4]

Delta-8, THCA, and other intoxicating hemp products

The Board's 2024 order said delta-8 THC and other substances that may come from hemp had not been legalized in the District, for the same reasons as CBD. The shop in that case sold prerolled cannabis products and a THCA vape pen. The vape's label called it hemp oil with under 0.3 percent THC and claimed to follow the federal Farm Bill.[3]

District law lists "hashish" and "synthetic tetrahydrocannabinols" in Schedule II. Synthetic tetrahydrocannabinols are chemical equivalents of substances in the cannabis plant, plus synthetic substances and derivatives with a similar structure and effect. Schedule I lists many synthetic cannabinoid groups. Some of these Schedule I groups leave out compounds found in the cannabis plant or its resin. We found no hemp exception in either list.[7, 12]

An emergency law, D.C. Act 26-391, took effect on July 30, 2026. It made it a violation for any licensed or unlicensed establishment to sell or deliver Schedule I substances or products containing them, and it let ABCA or the Metropolitan Police Department seize such products. The act said it could stay in effect for no more than 90 days, and ABCA and the DC Code website gave October 28, 2026 as its end date. We could not confirm whether a temporary or permanent law replaced it as of November 3, 2026.[13, 14, 15]

One related rule does not depend on the emergency law. Since December 17, 2024, when D.C. Law 25-255 took effect, permanent District law has listed selling Schedule I substances as one reason the Board may close and padlock an unlicensed shop without a prior hearing.[6, 16]

Who can sell, and enforcement

Cannabis may be sold only through businesses licensed by ABCA in the medical cannabis program. Initiative 71 allows adults 21 and older to possess and share small amounts, but it does not make it lawful to sell, offer for sale, or make available for sale any marijuana.[5, 6]

Since January 31, 2024, the Board may fine an unlicensed business that sells cannabis $10,000 for a first violation, $20,000 for a second, and $30,000 for a third or later violation. The Board may also order a closure, and ABCA or the Metropolitan Police Department may padlock the shop and seize cannabis products when there is an imminent danger to public health.[6]

Imminent danger includes selling cannabis to anyone under 21, selling products not tested by a licensed lab (once such a lab is licensed), and selling products without a label showing source, contents, ingredients, and THC content. Since December 17, 2024, the list has also included selling Schedule I substances.[6, 16]

Medical cannabis and Initiative 71

ABCA registers medical cannabis patients, both District residents and nonresidents. Residents of any age may register, and minors need an adult caregiver. People 21 and older may self-certify, while residents 20 and younger need a recommendation from a health care practitioner. Nonresidents must be 21 or older.[8]

Under Initiative 71, which took effect February 26, 2015, adults 21 and older may possess, use, buy, or transport up to 2 ounces of marijuana. They may give up to 1 ounce to another adult for free and grow up to 6 plants at home, with 3 or fewer mature.[5]

How the 2026 federal change may affect the District

From November 12, 2026, the federal hemp definition leaves out cannabinoids that the plant cannot naturally make. The remaining federal changes, including total THC with THCA and a limit of 0.4 mg total THC per container for final products, are set for December 11, 2026, unless Congress delays them again.[10, 11]

District law has no hemp definition that follows federal law, and the Board has said federal hemp status is irrelevant under District law. In October 2025, a federal court in Washington, DC, wrote that nothing in the text or structure of the 2018 Farm Bill supports the argument that states must use the federal definition of hemp. In our reading, the federal change may not alter how the District treats CBD. Under the Attorney General's 2021 analysis, federal law still limits the District on interstate transportation of hemp, and the narrower federal definition may affect which products that limit covers. We found no District guidance on this.[1, 2, 3, 9, 10]

What changes next

  1. Federal change on cannabinoids that plants cannot naturally make

    From November 12, 2026, the federal hemp definition leaves out products with cannabinoids that the plant cannot naturally make. District law has no separate hemp definition.[1, 10, 11]

  2. Rest of the federal hemp change

    The remaining federal changes, including total THC with THCA and the 0.4 mg per container limit, are set for December 11, 2026, unless Congress delays them again.[10, 11]

Who regulates hemp and CBD

Timeline

  1. Initiative 71 takes effect

    D.C. Law 20-153 lets adults 21 and older possess up to 2 ounces of marijuana and grow a few plants at home, but not sell marijuana.[5]

  2. DC Health guidance on CBD in food

    DC Health tells businesses that THC and CBD are legally cannabis and hashish and cannot be in food sold at food establishments.[4]

  3. Attorney General's office: CBD is cannabis

    A legal analysis concludes that CBD, including hemp-derived CBD, is cannabis under District law and that the 2018 Farm Bill does not require the District to allow it.[2]

  4. Fines for unlicensed cannabis sellers begin

    The Board may fine unlicensed businesses that sell cannabis $10,000, $20,000, and $30,000 for repeat violations.[6]

  5. Board order on hemp-derived products

    The Alcoholic Beverage and Cannabis Board orders a shop to stop selling cannabis and writes that hemp-derived CBD and delta-8 products cannot be sold without a medical cannabis license.[3]

  6. Schedule I sales added as a closure reason

    D.C. Law 25-255 takes effect. Permanent District law lists selling Schedule I substances as one reason the Board may close and padlock an unlicensed shop without a prior hearing.[6, 16]

  7. Federal court dismisses hemp shop's lawsuit

    A federal court in Washington, DC, dismisses, without prejudice, a lawsuit by a hemp shop the District had closed. It writes that the 2018 Farm Bill does not expressly override state laws on hemp possession and sale.[9]

  8. Emergency ban on selling Schedule I substances

    D.C. Act 26-391 takes effect for no more than 90 days. It barred licensed and unlicensed establishments from selling Schedule I substances and allowed seizure of such products.[13, 15]

  9. Emergency law's 90-day term ends

    ABCA and the DC Code website gave October 28, 2026 as the end date of D.C. Act 26-391. We could not confirm whether a temporary or permanent law replaced it as of November 3, 2026.[13, 14, 15]

Sources

Show 16 references
  1. D.C. Code § 48-901.02, Definitions (cannabis, marijuana, hashish)
  2. Office of the Attorney General for the District of Columbia, Legal Analysis – Whether CBD is Cannabis (AL-21-222), April 28, 2021
  3. Alcoholic Beverage and Cannabis Board, In the Matter of Capitol Budz, LLC, Case No. 24-ULC-00021, Order No. 2024-596, Order to Cease and Desist (August 28, 2024)
  4. DC Health, Letter from Director LaQuandra S. Nesbitt to Business Owner: Smoking or consumption of cannabis, marijuana, or hashish in food establishments (July 31, 2018)
  5. D.C. Code § 48-904.01, Prohibited acts A; penalties (Initiative 71 provisions)
  6. D.C. Code § 7-1671.08 (Perm), Penalties: permanent version
  7. D.C. Code § 48-902.06, Schedule II enumerated
  8. Medical Cannabis - Patients (Alcoholic Beverage and Cannabis Administration)
  9. DeLorean 88 LLC v. District of Columbia, No. 1:25-cv-2458 (TNM), Memorandum Opinion (D.D.C. Oct. 8, 2025)
  10. Public Law 119-37 (November 12, 2025), Division B, Sec. 781: amendments to the definition of hemp (7 U.S.C. 1639o)
  11. Continuing Appropriations and Extensions Act, 2027, Public Law 119-103 (September 2, 2026), Sec. 2019: Section 781 extension
  12. D.C. Code § 48-902.04, Schedule I enumerated
  13. D.C. Act 26-391, Medical Cannabis Licensing and Unlicensed Establishment Enforcement Clarification Emergency Amendment Act of 2026
  14. D.C. Code § 7-1671.08, Penalties (version with emergency amendments noted to expire October 28, 2026)
  15. Mayor Signs Medical Cannabis Licensing and Unlicensed Establishment Enforcement Clarification Emergency Amendment Act of 2026 (ABCA, August 31, 2026)
  16. D.C. Law 25-255 (effective December 17, 2024)

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This page is a plain summary of official texts; it is meant to inform and is not a substitute for legal advice. Rules can change and differ from place to place: before you decide, we suggest checking the official text and, if needed, talking to a lawyer. If you spot a change or an error, let us know through our contact form.