Code of the District of Columbia

Chapter 9C. Entheogenic Plant and Fungus Policy.


§ 48–921.51. Findings and declaration of policy.

(a) The people of the District of Columbia find that use of entheogenic plants and fungi have been demonstrated, through scientific studies, to be beneficial in addressing a variety of afflictions, including substance abuse, addiction, trauma, post-traumatic stress syndrome, chronic depression, anxiety, diabetes, cluster headaches, and other conditions; and that practices with entheogenic plants and fungi have long existed, have been considered sacred to a number of cultures and religions for millennia, and continue to be enhanced and improved. Citizens of the District of Columbia seeking to improve their health and well-being through the use of entheogenic plants and fungi currently use them in fear of arrest and prosecution.

(b) It is declared that the policy of this chapter is to make investigation and arrest of adults for non-commercial planting, cultivating, purchasing, transporting, distributing, possessing, or engaging in practices with entheogenic plants and fungi among the lowest law enforcement priorities for the District of Columbia.


(Mar. 16, 2021, D.C. Law 23-268, § 2, 68 DCR 001376.)

Editor's Notes

This section was created by Initiative No. 81, the Entheogenic Plant and Fungus Policy Act of 2020, D.C. Law 23-268, March 16, 2021, 68 DCR 1376.


§ 48–921.52. Policy regarding investigation and arrest for offenses involving entheogenic plants and fungi.

(a) For purposes of this section, the term "entheogenic plant and fungus" means any plant or fungus of any species in which there is naturally occurring any of the following substances in any form, which would cause such plant or fungus to be described in § 48-902.04(3): ibogaine, dimethyltryptamine, mescaline, psilocybin, or psilocyn.

(b) The Metropolitan Police Department shall make the investigation and arrest of persons 18 years of age or older for non-commercial planting, cultivating, purchasing, transporting, distributing, engaging in practices with, and/or possessing entheogenic plants and fungi that are listed in § 48-902.04, as among its lowest enforcement priorities.

(c) Nothing in this section shall affect the priority of enforcing any provision of subchapter III-A of Chapter 22 of Title 50 or of § 48-904.07a.


(Mar. 16, 2021, D.C. Law 23-268, § 3, 68 DCR 001376.)

Editor's Notes

This section was created by Initiative No. 81, the Entheogenic Plant and Fungus Policy Act of 2020, D.C. Law 23-268, March 16, 2021, 68 DCR 1376.


§ 48–921.53. Desire of the people for the cessation of prosecution of certain uses of entheogenic plants and fungi.

The people of the District of Columbia call upon the Attorney General of the District of Columbia and the United States Attorney for the District of Columbia to cease prosecution of residents of the District of Columbia for non-commercial planting, non-commercial cultivating, purchasing, transporting, distributing, engaging in practices with, and/or possessing entheogenic plants and fungi as defined in § 48-921.52.


(Mar. 16, 2021, D.C. Law 23-268, § 4, 68 DCR 001376.)

Editor's Notes

This section was created by Initiative No. 81, the Entheogenic Plant and Fungus Policy Act of 2020, D.C. Law 23-268, March 16, 2021, 68 DCR 1376.