In recent years, drug laws in Washington, D.C., have undergone significant changes, switching between a stricter stance and a more proactive health approach. The district has taken a middle-of-the-road approach: a tough stance on selling but a more lenient approach to using.
Emphasis on treatment over punishment
While the latest law increases penalties for possession of a gross misdemeanor charge, it did create a pretrial diversion program, allowing those charged with possession of illegal substances to join a treatment program in exchange for having the charges against them dismissed.
The new law also required courts to vacate convictions for defendants who have completed a treatment program.
Defendants may also complete a diversion program or a jail alternative program to overturn their drug possession conviction potentially.
Possession of drug paraphernalia and marijuana
State law permits the possession of drug paraphernalia. However, authorities will prosecute possession of paraphernalia intended for drug sale, such as a weighing scale designed to measure a controlled substance.
You can legally possess marijuana in the district if it weighs less than two ounces and you consume it on private property. Selling of marijuana is still illegal, as is consumption in public places.
How these changes may help in your appeal
These changes reflect public sentiment, preferring a rehabilitative approach to drug offenses rather than a punitive one. Your drug conviction is not final, and you may seek lighter sentencing or even reversal.
If you have no history of convictions for violent crimes and are willing to undergo rehabilitation and treatment, that will be a point in your favor and improve your chances in your appeal.