OFFICE OF THE CITY ADMINISTRATOR
______________
___________________
NOTICE OF PROPOSED
RULEMAKING
The
City Administrator, on behalf of the Mayor, pursuant to section 14 of the
Legalization of Marijuana for Medical Treatment Initiative of 1999 (Act),
effective February 25, 2010 ( D.C. Law 13-315; 57 DCR 3360), as amended by the
Legalization of Marijuana for Medical Treatment Amendment Act of 2010,
effective July 27, 2010 (D.C. Law 18-210; 57 DCR 4798), Mayor’s Order 1988-16
(January 22, 1988), and Mayor’s Order 2010-138 (August 3, 2010), hereby gives
notice of the Mayor’s intent to adopt this rule, in final, in not less than
forty-five (45) days from the publication of this notice in the D.C. Register,
or upon approval of this rulemaking by the Council, whichever occurs
later. The proposed rulemaking will
amend Title 22 of the District of Columbia Municipal Regulations (DCMR) by
adding a new Subtitle C entitled “Medical Marijuana”.
These
proposed rules begin the process of establishing rules to implement the
provisions of the Act. The proposed
rules appear in two main parts. The
first part details the process and procedure that qualifying patients,
caregivers, and physicians must follow before any individual may become
registered to obtain and use medical marijuana.
The second part details the process and procedure that candidates for
registration as dispensaries or cultivations centers must follow to apply for
such registrations, and the operating requirements they will need to perform
upon a receiving a registration for such a facility.
These
proposed rules do not deal with all aspects of the Act, but rather are focused
on dealing with those issues that must be addressed at the beginning of the
implementation of the Act. Comments may
address any issue that is raised by the implementation of the Act; however
those comments that are focused on the specific issues addressed by this
rulemaking will be the most significant at this stage of the rulemaking
process.
Title
22 of the DCMR is amended by adding a new Subtitle C to read as follows:
SUBTITLE C MEDICAL
MARIJUANA
100 APPLICABILITY AND SANCTIONS
200 GENERAL PROVISIONS
300
USE BY QUALIFYING PATIENT,
TRANSPORTATION BY CAREGIVER, AND LIMITATIONS ON MEDICAL MARIJUANA
400
DISPOSAL OF MEDICAL MARIJUANA BY
QUALIFYING PATIENTS AND CAREGIVERS
500 QUALIFICATION FOR REGISTRATION
501 RESIDENCY
502 QUALIFYING PATIENTS APPLICATION
600 LIMITATIONS ON CAREGIVERS
601 CAREGIVER QUALIFICATIONS
602 CAREGIVER APPLICATION
603 MARIJUANA OBTAINED FROM DESIGNATED
DISPENSARY
700 ISSUANCE OF REGISTRATION CARDS
701 CONTENTS OF REGISTRATION CARD
702 RENEWAL OF REGISTRATION CARDS
800 QUALIFICATIONS TO BE RECOMMENDING
PHYSICIAN
801 FORM OF RECOMMENDATION
802 RECORDS MAINTAINED BY PHYSICIAN AND
DEPARTMENT
803 NO OFFICE AT DISPENSARY OR
804 NOTIFICATION OF END OF QUALIFYING MEDICAL
CONDITION OR TREATMENT
900 DENIAL OF APPLICATIONS FOR PATIENT AND
CAREGIVER REGISTRATIONS
1000 POTENTIAL CRIMINAL PROSECUTION
1001 SUSPENSION AND REVOCATION OF REGISTRATIONS
1002 HEARINGS
1100 MEDICAL MARIJUANA
PROGRAM RECORDS
1200 ANNOUNCED AND UNANNOUNCED INVESTIGATIONS
AND INSPECTIONS
1300 REGISTRATION, RENEWAL, AND REPLACEMENT FEES
1400 -
4800 RESERVED
5000 EXTENSION OF EXPIRATION DATES OF PROTESTED
REGISTRATIONS
5001 MEASURING DISTANCES
5100 REGISTRATION PERIODS
5101 RENEWAL PERIODS
5102 REGISTRATION, LICENSE, AND PERMIT FEES
5103 APPLICATION FEES
5104 MEDICAL MARIJUANA CERTIFICATION PROVIDER
PERMIT
5105 MANAGER CERTIFICATION
5106 NOTICE TO ADVISORY NEIGHBORHOOD COMMISSIONS
5107 POSTED NOTICE TO PUBLIC
5108 COMMENTS FROM ANCS LOCATED IN THE AFFECTED
WARD
5109 NON-TRANSFERABLE REGISTRATION CARDS
5200 LIMITATION ON THE NUMBER OF DISPENSARIES
AND
5201 REGISTRATION APPLICATIONS NEAR SCHOOLS AND
5300 DENIAL OF REGISTRATION FOR VIOLATIONS OF
LAW
5301 CERTIFICATE OF OCCUPANCY AND PERMITS
5302 REGISTRATION APPROVAL BEFORE ISSUANCE OF
CERTIFICATE OF OCCUPANCY
5400 GENERAL QUALIFICATIONS FOR ALL APPLICANTS
5401 ADDITIONAL STANDARDS AND CONSIDERATIONS FOR
INITIAL REGISTRATION APPLICATIONS OR TRANSFER OF A
5402
APPLICATION FORMAT AND CONTENTS
5403 DISPENSARY REGISTRATION APPLICATION
REQUIREMENTS
5404
5405
5406 DIRECTOR, OFFICER, MEMBER, INCORPORATOR,
AND AGENT REGISTRATION REQUIREMENTS
5407 EMPLOYEE REGISTRATION REQUIREMENTS
5408 MANAGER’S LICENSE REQUIREMENTS
5409 CRIMINAL BACKGROUND CHECKS
5410 REGISTRATION PROHIBITED IN RESIDENTIAL USE
DISTRICT
5411 RESTRICTIONS ON HOLDING A CONFLICT OF
INTEREST
5412 RENEWAL PROCESS
5413 ADDITIONAL CONSIDERATIONS FOR TRANSFER TO
NEW OWNER
5414 INVOLUNTARY TRANSFERS
5415 DENIED OR WITHDRAWN APPLICATIONS
5416 LIMITATION ON SUCCESSIVE APPLICATIONS AFTER
DENIAL
5500 TRADE NAMES AND CORPORATE NAMES
5501 CORPORATE AND PARTNERSHIP CHANGES
5502 FILING REQUIREMENTS
5600 INSTRUCTIONS TO REGISTRANTS
5601 POSTING OF IDENTIFICATION REQUIREMENT BY
DISPENSARY
5602 HOURS OF OPERATION AND
5603 LOCKING AND SECURING OF MEDICAL MARIJUANA
DURING NON-OPERATING HOURS
5604 MANAGER'S LICENSE
5605 DESTRUCTION AND DISPOSAL OF UNUSED OR
SURPLUS MEDICAL MARIJUANA AND REPORTING THEFT
5606 NOTICE OF CRIMINAL CONVICTION OF DIRECTOR,
OFFICER, MEMBER, INCORPORATOR, AGENT OR EMPLOYEE
5607 LABELING AND PACKAGING OF MEDICAL MARIJUANA
5608 INGESTIBLE ITEMS
5609 PERMITTED FORMS OF MEDICAL MARIJUANA
5610 VIDEO SECURITY AND ALARM SYSTEM
5611 STORAGE
5612 PRODUCTION OF VALID PHOTO IDENTIFICATION
REQUIRED
5613 TEMPORARY SURRENDER OF
REGISTRATION—SAFEKEEPING
5614 CO-LOCATION AND INTEGRATION
5615 POINT-OF-SALE SYSTEM
5616 SIGN REQUIREMENTS
5617 OUTDOOR LIGHTING REQUIREMENTS
5618 MINIMUM STAFFING LEVELS
5619 LIMITED ACCESS AREAS
5620 MANUFACTURING STANDARDS
5621 TRANSPORT OF MEDICAL MARIJUANA
5700 MANDATORY REVOCATION OF DIRECTOR, OFFICER,
MEMBER, INCORPORATOR, AGENT, AND EMPLOYEE REGISTRATION
5701 MANDATORY REVOCATION
5702 MANDATORY SUSPENSION
5703 NOTICE TO DISTRICT AGENCIES
5800
5801
5802 UNSEALED PACKAGES IN COMMERCIAL OR PUBLIC
VEHICLES
5803 DELIVERY OF MEDICAL MARIJUANA
5804 PLANT LIMITATIONS
5805 PROHIBITION REGARDING ON-PREMISE
CONSUMPTION
5806 TIE-IN PURCHASES PROHIBITED
5807 MINIMUM AGE REQUIREMENTS
5808 COMPENSATION OR GIFTS TO PHYSICIANS
5809 MEDICAL MARIJUANA AND PARAHERNALIA
RESTRICTIONS
5810 VISIBILITY
5900 SIGN ADVERTISING
5901 PROHIBITED STATEMENTS
6000 CULTIVATION CENTER BOOKS AND RECORDS
6001
6002 DISPENSARY BOOKS AND RECORDS
6003 CULTIVATION CENTER REPORTS
6004 DISPENSARY REPORTS
6005 SLIDING SCALE REGISTRATION
6006 RETENTION AND INSPECTION OF BOOKS AND
RECORDS
6007 REPORTING DIRECTOR, OFFICER, MEMBER,
INCORPORATOR, AGENT, EMPLOYEE, AND MANAGER CHANGES
6100 REVIEW OF REGISTRATION APPLICATIONS
6101 HEARING CONTINUANCES
6102 BOARD DECISIONS
6103 RECONSIDERATION REQUESTS
6104 JUDICIAL REVIEW
6200 REVOCATION, SUSPENSION, OR FINES – GENERAL
PROVISIONS
6201 SHOW CAUSE HEARINGS
6202 SUMMARY SUSPENSION HEARINGS
6203 REQUEST FOR SUSPENSION OR REVOCATION OF
REGISTRATION BY CHIEF OF POLICE
6204 NOTICE OF SUSPENSION OR REVOCATION TO
PUBLIC
6205 EXAMINATION OF PREMISES AND BOOKS AND
RECORDS
9900 DEFINITIONS
SUBTITLE C MEDICAL
MARIJUANA
CHAPTER
1 DEPARTMENT OF HEALTH
GENERAL PROVISIONS
100 APPLICABILITY AND SANCTIONS
100.1 This chapter shall apply to
applicants for and holders of a qualifying patient or caregiver registration to
possess, use, administer, or dispense medical marijuana in the
100.2 No person shall possess, use,
administer, or dispense marijuana in any form for the purpose of a medical use
unless the person is registered with the District of Columbia government under
the Act.
100.3 Any person who possesses or uses
marijuana or its paraphernalia in a manner not authorized by the Act or without
a medical marijuana registration card shall be subject to criminal prosecution
and sanctions.
100.4 Any person who makes a fraudulent
representation to a law enforcement official of any fact or circumstance
relating to the person’s use or possession of medical marijuana or use of
paraphernalia to avoid arrest or prosecution shall be subject to a criminal
fine not to exceed $1,000.00; which shall be in addition to any other penalties
that may apply.
100.5 The Department may impose civil
fines and sanctions for any infraction under chapters 1 through 49 of this
subtitle, not to exceed $2,000.00 per first offense violation.
CHAPTER
2 CONDITIONS OF REGISTRATION
200
GENERAL PROVISIONS
200.1 A
registration identification card shall not be transferable.
200.2 A registration identification
card issued under this chapter is the property of the
200.3 As part of the registration
process, applicants shall sign a written statement certifying that the
applicant assumes any and all risk or liability that may result under
200.4
As part of the registration
process, a qualifying patient shall designate the dispensary from which he or
she will receive medical marijuana, and this designation shall appear on the
qualifying patient’s registration card and the caregiver’s registration card,
if applicable.
200.5
A qualifying patient may
change his or her designated dispensary by providing fourteen (14) calendar
days written notice to the Department on a patient change of information form
provided by the Department as set forth in § 200.4 of this chapter.
200.6 Within fourteen (14) calendar
days of any change in the qualifying patient’s name, address, caregiver,
recommending physician, or designated dispensary, a qualifying patient who has
been issued a registration identification card shall:
(a) Submit a completed patient change of
information form to the Department, and include as applicable:
(1) Designation of a new dispensary;
(2) Designation of a new caregiver; or
(3) A recommendation form from the new
recommending physician;
(b) Surrender his or her current
registration identification card to the Department;
(c) Immediately notify his or her caregiver
of the change;
(d) Pay the required fee to receive a new
registration identification card; and
(e) Be issued a new registration card that
reflects the change.
200.7 Within fourteen (14) calendar
days of receiving notice of a qualifying patient’s change of name, address,
recommending physician, or designated dispensary, the patient’s registered
caregiver shall:
(a) Submit a written request for a new
registration identification card to the Department on a form provided by the
Department;
(b) Surrender his or her registration
identification card;
(c) Pay the required fee to receive a new
registration identification card; and
(d) Be issued a new registration
identification card that reflects the change.
200.8 Within fourteen (14) calendar
days of the recommending physician declaring that a qualifying patient no
longer suffers from a qualifying medical condition or treatment, the qualifying
patient shall:
(a) Surrender his or her registration card
to the Department;
(b) Notify his or her registered caregiver
of the change; and
(c) Return any unused medical marijuana to
the District of Columbia Metropolitan Police Department.
200.9 Within fourteen (14) calendar
days of receiving notice that a qualifying patient has changed his or her
caregiver, or that the patient no longer suffers from a qualifying medical
condition or treatment, the Department shall send written notice via U.S.
Postal Service certified mail to the caregiver’s address on file with the Department. The caregiver’s protections under the Act
shall expire ten (10) days after delivery of the notice or the caregiver’s
failure to claim the notice.
200.10 Within fourteen (14) calendar days
after receiving notice that a qualifying patient has designated a different
individual to serve as his caregiver or that qualifying patient no longer
suffers from a qualifying medical condition or treatment, the caregiver shall:
(a) Surrender his or her registration card
to the Department; and
(b) Return any unused medical marijuana to
the District of Columbia Metropolitan Police Department.
200.11
In the event that a qualifying
patient or a caregiver experiences the theft, loss, or destruction of his or
her registration card, he or she shall:
(a) Immediately provide verbal notification
to the Director or his or her designee within twenty-four (24) hours after
discovery;
(b) Submit the required written notification
reporting forms to the Department within seventy-two (72) hours after the
initial discovery;
(c) Pay the required fee; and
(d) Be issued a new registration
identification card.
200.12
Within fourteen (14) calendar
days after any change in a caregiver’s name or address, he or she shall:
(a) Notify the Department in writing of the
change; and
(b) Pay the required fee, and be issued a
new registration identification card, if applicable.
CHAPTER
3 USE OF MEDICAL MARIJUANA
300
USE BY QUALIFYING
PATIENT, TRANSPORTATION BY CAREGIVER, AND
LIMITATIONS ON MEDICAL MARIJUANA
300.1
A qualifying patient shall
only possess and administer medical marijuana, or use paraphernalia, for
treatment of a qualifying medical condition or the side effects of a qualifying
medical treatment after:
(a) Obtaining a signed, written
recommendation from a physician in accordance with this chapter; and
(b) Registering with the Department.
300.2 A qualifying patient or caregiver
shall only possess, administer, or dispense medical marijuana, or possess or
use paraphernalia, obtained from the registered dispensary designated on his or
her registration identification card.
300.3 A
qualifying patient or caregiver shall only transport medical marijuana in a
container
or sealed package bearing the label received from the dispensary.
300.4 A
qualifying patient or caregiver shall not administer or use medical marijuana
at a
dispensary or cultivation center.
300.5 Medical
marijuana shall not be administered by or to a qualifying patient
anywhere
other than:
(a) The qualifying patient’s residence, if
permitted, or
(b)
At a medical treatment facility
when receiving medical care for a qualifying medical condition, if permitted by
the medical facility.
300.6 Notwithstanding § 300.5, a
qualifying patient shall not use medical marijuana at a time or in a location
within his or her residence when such use would result, or is likely to result,
in exposure to the medical marijuana or the medical marijuana smoke that may
adversely affect the health, safety, or welfare of a minor.
300.7 For purposes of determining
whether a dwelling or dwelling unit is the qualifying patient’s residence as
defined by the Act, when at issue, the Department may consider documentation
and information of the same nature and type as is required to prove District
residency under this subtitle.
300.8
A qualifying patient who is
a minor shall only possess and administer medical marijuana if the parent or
legal guardian of the minor has signed a written statement affirming that the
parent or legal guardian:
(a) Understands the qualifying medical
condition or qualifying medical treatment of the minor;
(b) Understands the potential benefits and
potential adverse effects of the use of medical marijuana in general, and
specifically, in the case of the minor;
(c)
Consents to the use of medical
marijuana for the treatment of the minor’s qualifying medical condition or
treatment of the side effects of the minor’s qualifying medical treatment; and
(d) Consents to, or designates another adult
to, serve as the caregiver for the qualifying patient and the caregiver
controls the acquisition, possession, dosage, and frequency of use of medical
marijuana by the qualifying patient.
300.9 The maximum amount of medical
marijuana any qualifying patient or caregiver may possess at any time is:
(a) Two (2) ounces of dried medical
marijuana; or
(b) The equivalent of two (2) ounces of
dried medical marijuana when sold in any other form.
300.10 Nothing in the Act or this subtitle
shall be construed as permitting a qualifying patient to:
(a) Undertake any task under the influence
of medical marijuana when doing so would constitute negligence or professional
malpractice; or
(b) Operate, navigate, or be in actual
physical control of any motor vehicle, aircraft, or motorboat while under the
influence of medical marijuana.
CHAPTER
4 DISPOSAL OF MEDICAL
MARIJUANA
400 DISPOSAL
OF MEDICAL MARIJUANA BY QUALIFYING PATIENTS AND CAREGIVERS
400.1
A qualifying patient or
caregiver who is no longer registered with the program or eligible for
registration with the program shall within fourteen (14) calendar days after he
or she ceases to be registered or eligible for registration with the department
return any unused medical marijuana in his or her possession to the District of
Columbia Metropolitan Police Department.
400.2
A qualifying patient or
caregiver whose registration has been summarily suspended or revoked by the
Department shall immediately within twenty-four (24) hours after receiving
notice of the suspension or revocation return any unused medical marijuana in
his or her possession to the District of Columbia Metropolitan Police
Department.
400.3
A qualifying patient or
caregiver who is no longer registered with the Department shall not transfer,
share, give, or deliver any unused medical marijuana in his or her possession
to another qualifying patient or caregiver for medical use or destruction
whether or not the person is registered with the District’s Medical Marijuana
Program.
400.4
A qualifying patient or
caregiver shall not dispose of medical marijuana in any manner other than
permitted under this chapter.
CHAPTER 5 QUALIFYING
PATIENTS
500 QUALIFICATION FOR REGISTRATION
500.1 To
qualify for a patient registration identification card, an applicant shall:
(a) Be a bona fide resident of the
(b) Have a qualifying medical condition or
be undergoing a qualifying medical treatment;
(c) Have a signed, written physician’s
recommendation for the use of medical
marijuana
meeting the requirements of this chapter; and
(d) If the qualifying patient is a minor,
the signed written consent of his or her parent or legal guardian.
501 RESIDENCY
501.1 For
purposes of this subtitle, a patient shall be a resident of the District of
(a) Is physically present in the
(b) Has taken verifiable actions to make the
District his or her home indefinitely with no present intent to reside
elsewhere; and
(c) Is not merely present in the District
for the sole purpose of obtaining medical marijuana.
501.2 In proving bona fide District
residency, an applicant shall submit at least two (2) of the following items:
(a) Proof of payment of
(b) A
property deed for a
(c) A
valid unexpired lease or rental agreement in the name of the applicant on a
(d) A
pay stub issued less than forty-five (45) days prior to the application date
which shows evidence of the applicant’s withholding of District income tax;
(e) A
voter registration card with an address in the
(f) Current official documentation of
financial assistance received by the applicant from the District Government
including, but not limited to Temporary Assistance for Needy Families (TANF),
Medicaid, the State Child Health Insurance Program (SCHIP), Supplemental
Security Income (SSI), housing assistance, or other governmental programs;
(g) Current
official military housing orders showing the applicant’s residency in the
District;
(h) A
current motor vehicle registration in the name of the applicant evidencing
District
residency;
(i) A valid unexpired District motor vehicle operator's permit
or other official non-driver identification in the name of the applicant;
(j) Utility bills (excluding telephone
bills) from a period within the two (2) months immediately preceding the
application date in the name of the applicant on a
District of Columbia residential address;
or
(k) Any other reasonable form of verification
deemed by the Director or the
Director's
agent to demonstrate proof of current residency.
502 QUALIFYING PATIENTS APPLICATION
502.1 To apply for a patient
registration identification card, an applicant shall submit a completed
application to the Department on the required forms, which shall include:
(a) The applicant’s social security number,
or if the applicant does not have a social security number, the applicant
shall:
(1) Submit with the application a sworn
affidavit, under penalty of perjury, stating that he or she does not have a
social security number; and
(2) Provide the Department with his or her
social security information once a social security number has been obtained;
(b) Two (2) recent passport-type photographs
of the applicant’s face measuring two inches by two inches (2” x 2”), which
clearly expose the area from the top of the forehead to the bottom of the chin;
(c) One (1) clear photocopy of a
(d) Proof of District residency;
(e) A signed and dated written physician’s
recommendation for the use of medical marijuana meeting the requirements of
this chapter, that is dated not more than thirty (30) days prior to the application
date;
(f) Designation of the dispensary where the
qualifying patient will receive his or her medical marijuana;
(g) Designation of the individual who will
serve as his or her caregiver, if applicable; and
(h) Payment of the required application fee.
502.2 To apply for a registration
identification card for a minor, the parent or legal guardian of the minor
shall submit a completed application to the Department on the required forms,
which shall include:
(a) The minor and parent or legal guardian’s
social security numbers, or if the applicant does not have a social security
number, the applicant shall:
(1) Submit with the application a sworn
affidavit, under penalty of perjury, stating that he or she does not have a
social security number; and
(2) Provide the Department with his or her
social security information once a social security number has been obtained;
(b) Two (2) recent passport-type photographs
of the minor’s face measuring two inches by two inches (2” x 2”), which clearly
expose the area from the top of the forehead to the bottom of the chin; and
(c) One (1) clear photocopy of
(d) Proof of the minor and parent or legal
guardian’s District residency;
(e) A signed and dated written physician’s
recommendation for the use of medical marijuana meeting the requirements of
this chapter, that is dated not more than thirty (30) days prior to the
application date;
(f) Designation of the individual who will
serve as the minor’s caregiver;
(g) Designation of the dispensary where the
qualifying patient will receive his or her medical marijuana;
(h) The signed, written statement of the
minor’s parent or legal guardian affirming that he or she:
(1) Understands the qualifying medical
condition or qualifying medical treatment of the minor;
(2)
Understands the potential benefits
and potential adverse effects of the use of medical marijuana, in general, and
specifically, in the case of the minor;
(3) Consents to the use of medical marijuana
for the treatment of the minor’s qualifying medical condition or treatment of
the side effects of the minor’s qualifying
medical treatment; and
(4) Consents to, or has designated another
adult to, serve as the caregiver for the qualifying patient and that the
caregiver will control the acquisition, possession, dosage, and frequency of
use of medical marijuana by the qualifying patient; and
(i) Payment of the required application
fee.
502.3 The minor’s designated caregiver
shall also register with the Department and obtain a caregiver registration
identification card.
CHAPTER 6 CAREGIVERS
600 LIMITATIONS
ON CAREGIVERS
600.1 A caregiver shall only possess
and dispense medical marijuana to a qualifying patient, and possess and use
paraphernalia, for the sole purpose of assisting in the administration of
medical marijuana to a qualifying patient in accordance with the Act and this
subtitle.
601 CAREGIVER QUALIFICATIONS
601.1 To
qualify for a caregiver registration identification card, an applicant shall:
(a) Be designated by a qualifying patient to
serve as the person authorized, on the qualifying patient’s behalf, to possess,
obtain from a dispensary, dispense, and assist in the administration of medical
marijuana;
(b) Be registered with the Department as the
qualifying patient’s caregiver;
(c) Not be currently serving as the
caregiver for another qualifying patient;
(d) Be at least 18 years of age; and
(e) Have never been convicted of possession
or sale of a controlled substance, unless such conviction occurred after the
effective date of the Act and was related to the possession of marijuana that
is authorized under the Act.
602 CAREGIVER APPLICATION
602.1 To apply for a caregiver
registration identification card, an applicant shall submit a completed
application to the Department on the required forms, which shall include:
(a) The applicant’s social security number,
or if the applicant does not have a social security number, the applicant
shall:
(1) Submit with the application a sworn
affidavit, under penalty of perjury, stating that he or she does not have a
social security number; and
(2) Provide the Department with his or her
social security information once a social security number has been obtained;
(b) Two (2) recent passport-type photographs
of the applicant’s face measuring two inches by two inches (2” x 2”), which
clearly expose the area from the top of the forehead to the bottom of the chin;
(c) One (1) clear photocopy of a
(d) Authorization of the Department to
conduct a criminal background check, which shall include consent to be
fingerprinted in accordance with applicable District and federal laws and
regulations; and
(e) Payment of the required application fee.
602.2 All
fees associated with the criminal background check shall be paid by the
caregiver.
603 MARIJUANA
OBTAINED FROM DESIGNATED DISPENSARY
603.1 A caregiver shall only obtain
medical marijuana for the qualifying patient from the dispensary designated on
his or her registration identification card and shall not:
(a) Grow or cultivate medical marijuana for
the qualifying patient;
(b) Purchase medical marijuana through
street vendors; or
(c) Obtain medical marijuana from other
registered qualifying patients and caregivers.
603.2 If the qualifying patient changes
his or her designated dispensary, or makes a change to the information set
forth on his or her registration card, both the qualifying patient and the
caregiver must surrender their registration identification cards to the
Department and obtain new registration identification cards reflecting the
change.
CHAPTER
7 REGISTRATION CARDS
700 ISSUANCE OF REGISTRATION CARDS
700.1
Upon receipt and approval of
a valid and complete application, the Department shall issue a registration
identification card to a qualifying patient or caregiver in accordance with the
Act and this subtitle.
700.2 Subject
to § 600.3, a registration identification card issued pursuant to this
chapter shall expire
one (1) year after the date of issuance, and may be renewed in accordance with
the renewal provisions under this chapter.
700.3 Unless timely renewed in
accordance with the renewal provisions under this chapter, upon expiration of a
registration, a qualifying patient or caregiver shall immediately cease from
the use or possession of medical marijuana until he or she is issued a new
registration identification card from the Department.
701 CONTENTS OF REGISTRATION CARD
701.1 A
qualifying patient registration identification card shall contain:
(a) The date of issuance and expiration
date;
(b) The qualifying patient’s full, legal
name, and the full, legal name of the patient’s caregiver, if applicable;
(c) The randomly issued registration
identification number for the qualifying patient and the patient’s caregiver,
if applicable;
(d) The photograph of the qualifying
patient;
(e) The name and address of the patient’s
designated dispensary;
(f) The
(g) A Department internal authentication
identifier.
701.2 A
caregiver registration identification card shall contain:
(a) The date of issuance and expiration
date;
(b) The caregiver’s full, legal name, and
the qualifying patient’s full, legal name;
(c) The randomly issued registration
identification number for the caregiver and the qualifying patient;
(d) The photograph of the caregiver;
(e) The name and address of the patient’s
designated dispensary;
(f) The
(g) A Department internal authentication
identifier.
702 RENEWAL OF REGISTRATION CARDS
702.1 Not later than sixty (60) days
prior to the expiration of a registration identification card, the qualifying
patient or caregiver may apply for renewal of his or her registration identification
card as follows:
(a) Submit a completed renewal application
to the Department on the required forms and include:
(1) One (1) clear photocopy of a
(2) Proof of District residency by meeting
the requirements set forth in § 501.2, if applicable;
(3) A signed and dated written physician’s
recommendation for the use of medical marijuana meeting the requirements of
this chapter, that is dated not more than thirty (30) days prior to the
application date;
(b) Designate the dispensary where the
qualifying patient will receive his or her
medical marijuana; and
(c) Pay the required application fee.
702.2 To renew a registration
identification card for a minor, the parent or legal guardian of the minor
shall submit a completed application to the Department on the required forms,
which shall include:
(a) One (1) clear photocopy of U.S., state
or District government-issued photo ID issued to the parent or legal guardian,
such as a driver’s license, as proof of identity;
(b) Proof of the minor and parent or legal
guardian’s District residency by meeting the requirements set forth in § 104.3;
(c) A signed and dated written physician’s
recommendation for the use of medical marijuana meeting the requirements of
this chapter, that is dated not more than thirty (30) days prior to the
application date;
(d) Designation of the individual who will
serve as the minor’s caregiver;
(e) Designation of the dispensary where the
qualifying patient will receive his or
her medical marijuana;
(f) The signed, written statement of the
minor’s parent or legal guardian
affirming that he or she:
(1) Understands the qualifying medical
condition or qualifying medical treatment of the minor;
(2)
Understands the potential benefits
and potential adverse effects of the use of medical marijuana, in general, and
specifically, in the case of the minor;
(3) Consents to the use of medical marijuana
for the treatment of the minor’s qualifying medical condition or treatment of
the side effects of the minor’s qualifying
medical treatment; and
(4) Consents to, or has designated another
adult to, serve as the caregiver for the qualifying patient and that the caregiver
will control the acquisition, possession, dosage, and frequency of use of
medical marijuana by the qualifying patient; and
(g) Payment for the required application
fee;
702.4 The minor’s designated caregiver
shall also renew his or her registration with the Department and obtain a new
caregiver registration identification card.
CHAPTER
8 RECOMMENDING PHYSICIANS
800 QUALIFICATIONS TO BE
RECOMMENDING PHYSICIAN
800.1 A physician who is licensed in
good standing to practice medicine or osteopathy in the
(a) Is in a bona fide physician-patient
relationship with the qualifying patient;
(b) Has completed a full assessment of the
patient’s medical history and current medical condition, including a personal
physical examination, not more than ninety (90) days prior to making the
recommendation;
(c) Has responsibility for the ongoing care
and treatment of the patient, provided that such ongoing treatment shall not be
limited to or for the primary purpose of the provision of medical marijuana use
or consultation solely for that purpose; and
(d) Makes the recommendation based upon the
physician’s assessment of the qualifying patient’s:
(1) Medical history;
(2) Current medical condition; and
(3) A review of other approved medications
and treatments that might provide the qualifying patient with relief from a
qualifying medical condition or the side effects of a qualifying medical
treatment.
801 FORM OF RECOMMENDATION
801.1 A
physician’s recommendation that a qualifying patient may use medical
marijuana
shall be written on a form provided by the Department and include the
following:
(a) The name, address, telephone number, and
specialty or primary area of clinical practice of the physician;
(b) The physician's District of
(c) The qualifying patient’s name, date of
birth, and home address;
(d) The patient’s qualifying medical
condition or qualifying medical treatment;
(e) A statement that the use of medical
marijuana is necessary for the treatment of the patient’s qualifying medical
condition or the side effects of a qualifying medical treatment, and that in
the physician’s professional opinion the potential benefits of the medical use
of marijuana would likely outweigh the health risks for this patient;
(f) The length of time that the qualifying
patient has been under the care of the physician;
(g) A statement that the physician has
explained the potential risks and benefits of the use of marijuana to the
qualifying patient and the qualifying patient’s parent or legal guardian, if
applicable;
(h) Specify the total amount of medical
marijuana that may be dispensed to the qualifying patient in a thirty (30) day
period, which shall not exceed two (2) ounces;
(i) The physician’s signature and date; and
(j) The qualifying patient’s signed consent
for the release of medical information related to the patient's qualifying
medical condition or treatment.
802 RECORDS MAINTAINED BY
PHYSICIAN AND DEPARTMENT
802.1 A
physician recommending the use of medical marijuana to a qualifying
patient
shall maintain a record for each
qualifying patient which shall:
(a) Accurately reflect the evaluation and treatment
of the patient and include the following as applicable:
(1) Patient’s name and the date(s) of
treatment;
(2) Patient’s medical history and updated
health history;
(3) Documented results of a full assessment
of the patient’s medical history and current medical condition;
(4) Documented results of the physician’s
physical examination of the patient;
(5) Treatment plan;
(6) Informed consent document(s);
(7) Diagnosis and treatment rendered;
(8) List of drugs prescribed, administered,
dispensed and the quantity;
(9) Radiographs;
(10) Patient financial/billing records;
(11) Name of the physician or assistive
personnel providing service(s);
(12) Laboratory work orders; and
(b) Be kept for three (3) years after last
seeing the patient or three (3) years after a minor patient reaches eighteen
(18) years of age.
802.2 The Department shall maintain a
confidential record, which shall not be subject to requests under the Freedom
of Information Act, of each recommending physician for the purpose monitoring
compliance with the Act.
803 NO OFFICE AT DISPENSARY OR
803.1 A physician recommending the use
of medical marijuana to a qualifying patient shall not have a professional
office located at a dispensary or cultivation center or receive financial
compensation from a dispensary or cultivation center.
804 NOTIFICATION
OF END OF QUALIFYING MEDICAL CONDITION OR TREATMENT
804.1 A physician shall notify the
Department in writing within fourteen (14) calendar days after advising a
qualifying patient that he or she no longer suffers from a qualifying medical
condition or treatment.
CHAPTER
9 DENIAL OF APPLICATIONS
900 DENIAL
OF APPLICATIONS FOR PATIENT AND CAREGIVER REGISTRATIONS
900.1 The Department may deny an
application or renewal application for a qualifying patient or caregiver
registration identification card only if:
(a) The application is incomplete and the
applicant fails to provide the missing information or documents within the time
period allotted by the Department; or
(b) The Department determines after further
inquiry or investigation that the information provided was false, misleading,
forged, or altered.
900.2 Denial by the Department of an
application or renewal application for a qualifying patient or caregiver
registration identification card shall be deemed a final Department action
which may be appealed to the District of Columbia Office of Administrative
Hearings within thirty (30) days of receiving the notice of denial.
CHAPTER
10 ENFORCEMENT ACTIONS
1000 POTENTIAL CRIMINAL PROSECUTION
1000.1 Participation in the District’s
medical marijuana program by a qualifying patient or caregiver does not relieve
the qualifying patient or caregiver from:
(a) Criminal prosecution or civil penalties
for activities not authorized by the Act of this chapter;
(b) Liability for damages or criminal
prosecution arising out of the operation of a vehicle while under the influence
of marijuana; or
(c) Criminal prosecution or civil penalty
for possession, distribution or transfer of marijuana or use of marijuana:
(1)
In a school bus or public vehicle;
(2) On school grounds or property;
(3) In the workplace of the qualifying
patient's or caregiver's employment;
(4) At a public park, recreation center,
youth center or other public place;
(5) To a person not approved by the
Department pursuant to this chapter;
(6) Outside the
(7) That exceeds the allotted amount of
useable medical use marijuana.
1001 SUSPENSION AND REVOCATION OF
REGISTRATIONS
1001.1 Violation of any provision of the
Act or this subtitle may result in the summary suspension of the qualifying
patient's or caregiver's registration identification card, or a notice of
intent to suspend or revoke the qualifying patient's or caregiver's
registration identification card, and all lawful privileges under the Act.
1001.2 Except in the case of a summary
suspension, the Director shall give a registrant written notice and an
opportunity to be heard prior to taking any final action which would:
(a) Suspend registration; or
(b) Revoke registration.
1001.3 The
notice shall contain the following:
(a) A statement of the proposed action;
(b) A statement setting forth the reasons
for the proposed action, including a specification of any specific violation
complained of;
(c) Reference to any particular section of
the Act or rules allegedly
violated;
(d) A statement that the registrant may
request a hearing before the Office of Administrative Hearings to contest the
proposed action by delivering, within thirty (30) days of service of the
notice, a certified letter addressed to the Director containing a request for a
hearing or hand delivery same to the Office of the Director (receipt required
for proof of delivery); and
(e) A statement that if the registrant does
not request a hearing within thirty (30) days after service of the notice of
the proposed action, the Director may take the proposed action without further
notice, and the suspension or revocation shall be final without a hearing.
1001.4 A notice, order, decision, or
pleading required by this chapter to be served upon a party shall be served
upon the party or upon the representative designated by the party or by law to
receive service of papers. If a party
has appeared through counsel, service may be made upon the counsel of
record.
1001.5 Service on a respondent shall be
directed to the last known address of the respondent on file with the Director
and shall be completed by one of the following methods:
(a) Personal delivery;
(b) Leaving it at the party’s usual place of
residence with a person of suitable discretion sixteen (16) years of age or
older residing there; or
(c) Certified mail, return receipt
requested.
1001.6 Proof of service, stating the name
and address of the person on who service is made and the manner and date of
service, may be shown by one of the following methods:
(a) Written acknowledgement by the party or
other person served in accordance with § 1001.5(b) or by the party’s counsel;
(b) The certificate of the serving party or
that party’s counsel; or
(c) A return receipt if service is made by
certified mail.
1001.7 If service is by personal delivery,
it shall be deemed to have been served at the time when delivery is made to the
party or other person served in accordance with § 1001.5.
1001.8 If service is by certified mail, it
shall be deemed to have been made on the date shown on the return receipt
showing delivery of the notice to the party or refusal of the party to accept
delivery.
1001.9 If the party is no longer at the
last known address as shown by the records of the Director, and no forwarding
address is available, service shall be deemed to have been made on the date the
return receipt bearing that notification is received by the Director.
1002 HEARINGS
1002.1 A qualifying patient or caregiver
whose registration has been summarily
suspended, may request
an immediate hearing for the purpose of determining whether the suspension
shall continue. The Respondent shall
file the request within seventy-two (72) hours of the action. The hearing shall be held within seventy-two
(72) hours after receiving the request unless otherwise agreed by the parties
to be held at a later date.
1002.2 A qualifying patient or caregiver
who has received a notice of intent to take action to suspend or revoke, may
request a hearing for the purpose of review of such action. The respondent shall file the request for a
hearing within thirty (30) calendar days after the notice of contemplated
action is received.
1002.3 A
request for a hearing under this chapter shall include the following:
(a) A statement of the facts relevant to the
review of the action;
(b) A statement of the arguments that the
respondent considers relevant to the review of the action; and
(c) Any other evidence considered relevant.
1002.4 If the respondent does not mail a
request for a hearing within the time and in the manner specified in the
notice, the Director may, without a hearing, take the action contemplated in
the notice.
1002.5 The
Director shall notify the respondent in writing of the final action taken.
1002.6 If a hearing is timely requested,
the Director shall within five (5) business days, except in the case of a
summary suspension, forward the request to the Office of Administrative
Hearings to conduct a hearing on the notice.
1002.7
The proceedings shall
thereafter be subject to the Civil Infractions Act and all further
correspondences and notices shall thereafter be communicated directly between
the Office of Administrative Hearings and the respondent, including notice of
the date, time and location of the hearing and the name of the hearing officer.
1002.8 Unless otherwise authorized by the
Director, any notice from or to the Director shall be made by personal delivery
or sent by certified mail, return receipt requested.
CHAPTER 11 CONFIDENTIALITY
OF RECORDS
1100 MEDICAL
MARIJUANA PROGRAM RECORDS
1100.1
Applications and supporting
information submitted by qualifying patients and caregivers shall be
confidential and subject to the protections of the federal Health Insurance
Portability and Accountability Act (HIPAA) of 1996, as amended.
1100.2
The Department shall maintain
a confidential list of the persons to whom the Department has issued
registration identification cards.
1100.3 Individual names and other
personally identifying information on the list:
(a) Shall be confidential and not be
considered a public record; and
(b) Shall not subject to disclosure, except
to authorized employees of the Department as necessary to perform official
duties of the Department.
1100.4 The Department shall verify to law
enforcement personnel whether a registry identification card is valid by
confirming the information that is printed on the registration identification
card.
1100.5
The Department may notify law
enforcement personnel about falsified or fraudulent information submitted to
the Department.
CHAPTER 12 INVESTIGATIONS
AND INSPECTIONS
1200 ANNOUNCED
AND UNANNOUNCED INVESTIGATIONS AND INSPECTIONS
1200.1
The Department may conduct
announced and unannounced investigations and inspections of cultivation centers
and dispensaries, as related to the Department’s purview, mission and function,
for the purpose of determining the suitability of any facility or location with respect to
sanitation and health, and to determine compliance with the Act and its
regulations by any registered cultivation center or dispensary.
1200.2 During an inspection or
investigation of a dispensary, the Department may review the dispensary’s
confidential records, including its dispensing records and information which
contains the names and addresses of qualifying patients, caregivers, and recommending
physicians.
1200.3
During an inspection or
investigation of a cultivation center, the Department may review the
cultivation center’s confidential records, as necessary and appropriate to the
Department’s purview and authority, to determine compliance with the Act and
its regulations.
1200.4
All qualifying patients and
caregivers shall provide the Department or the Department’s agent with
immediate access to any material and information necessary for determining
compliance with the Act and this chapter.
1200.5 Failure by a qualifying patient or
caregiver to provide the Department with immediate access to any requested
material or information to determine compliance with the Act or chapters 1
through 49 of this subtitle, may result in sanctions against the qualifying
patient or caregiver up to and including revocation of registration and
referral to local law enforcement.
1200.6
Failure by a dispensary or
cultivation center to provide the Department with immediate access to any
requested material or information as part of an inspection or investigation
under the Act and this chapter, may result in the imposition of a civil fine as
well as referral to the Board for further sanctions.
CHAPTER
13 FEES
1300 REGISTRATION, RENEWAL, AND
REPLACEMENT FEES
1300.1 The
registration, renewal and replacement fees are as follows:
(a) Initial registration fee for a
qualifying patient $100.00
(b) Initial registration fee for a caregiver $100.00
(c) Renewal fee for a qualifying patient $100.00
(d) Renewal fee for a caregiver $100.00
(e) Replacement card fee $90.00
1300.2 The initial registration fees for a
qualifying patient or caregiver whose income is equal to or less than 200% of
the federal poverty level shall be 25% of the published standard qualifying
patient or caregiver registration fee, and are set forth as follows:
(a) Initial registration fee for a
qualifying patient $25.00
(b) Initial registration fee for a caregiver $25.00
(c) Renewal fee for a qualifying patient $25.00
(d) Renewal fee for a caregiver $25.00
(e) Replacement card fee $20.00
1300.3 A
qualifying patient or caregiver whose income is equal to or less than 200% of
the federal poverty level may apply for registration at a rate that is 25% of the
published standard registration fee by submitting proof, to the satisfaction of
the Director, of the following:
(a) That he or she is a current Medicaid or
DC Alliance recipient; or
(b) Documentation verifying that his or her
total gross income, including child support payments, alimony and rent payments
received, and any other income received on a regular basis, is equal to or less
than 200% of the federal poverty level, as defined by the U.S. Department of
Health and Human Services.
1300.4 In verifying income for the
purposes of this chapter, an individual may submit the following:
(a) Earnings statements received within the
previous thirty (30) days;
(b)
(c) For newly employed applicants, a
verifiable copy of an offer of employment that states the amount of salary to
be paid;
(d)
A copy of a Social Security or
worker's compensation benefit statement;
(e) Proof of child support or alimony
received;
(f) Any other unearned income, including
but not limited to, stocks, bonds, annuities, private pension and retirement
accounts; or
(g) Any other item(s) of proof deemed by the
Director or the Director's agent reasonably calculated to demonstrate a
person's current income.
1300.5 An individual shall submit the
required verifying information set forth in § 1300.4 for each renewal or
request for a replacement card in order to receive the reduced fee.
1400
THROUGH 4800 RESERVED
CHAPTER
49 DEFINITIONS
4900.1
As used in chapters 1 through
49 of this subtitle the following terms shall have the meanings ascribed:
Administer or Administration- means the direct
introduction of medical marijuana, whether by inhalation, ingestion, or any
other means, into the body of a person.
Act- means the Legalization of Marijuana for
Medical Treatment Initiative of 1999 (Act), effective February 25, 2010 ( D.C.
Law 13-315; 57 DCR 3360), as amended by the Legalization of Marijuana for
Medical Treatment Amendment Act of 2010, effective July 27, 2010 (D.C. Law
18-210; 57 DCR 4798).
Board- means the Alcoholic Beverage Control
Board.
Bona fide physician-patient relationship- means a relationship between a physician and
patient in which the physician:
(a) Has
completed a full assessment of the patient’s medical history and current
medical
condition, including a personal physical examination; and
(b) Has
responsibility for the ongoing care and treatment of the patient.
Caregiver- means a person who:
(a) Is designated by a qualifying patient as
the person authorized, on the
qualifying
patient’s behalf, to posses, obtain from a dispensary, dispense and
assist
in the administration of medical marijuana;
(b)
Is registered with the Department
as the qualifying patient’s caregiver;
(c) Is
not currently serving as the caregiver for another qualifying patient; and
(d) Is
at least 18 years of age.
Civil Infractions Act- means
Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, effective October 5, 1985 (D.C. Law
6-42; D.C. Official Code § 2-1801.01 et
seq.)
Controlled Substances Act- means the
District of Columbia Uniform Controlled Substances Act of 1981, effective
August 5, 1981 (D.C. Law 4-29; D.C. Official Code § 48-901.02 et seq.)
Department- means the Department
of Health.
Director- means the Director of
the Department of Health.
Dispensary- means a facility
operated by an organization or business registered with the Mayor pursuant to
section 6 from or at which medical marijuana is possessed and dispensed and
paraphernalia is possessed and distributed to a qualifying patient or a
caregiver.
Dispense- means to distribute medical marijuana
to a qualifying patient or caregiver pursuant to this Act and the rules issued
pursuant to section 14 of the Act.
Distribute- means the actual,
constructive, or attempted transfer from one person to another.
Federal Poverty Level- means the income
level, which varies by household size, under which families in the continental
Manufacture- means the production,
preparation, propagation, compounding, conversion, or processing of marijuana,
either directly or indirectly by extraction from substances of natural origin,
or independently by means of chemical synthesis, or by a combination of
extraction and chemical synthesis, and includes any packaging or repackaging of
the substance or labeling or re-labeling of its container.
Marijuana- shall have the same
meaning as provided in section 102(3)(A) of the Controlled Substances Act.
Medical Marijuana- means marijuana
cultivated, manufactured, possessed, distributed, dispensed, obtained, or
administered in accordance with this Act and the rules issued pursuant to
section 14 of the Act.
Minor- means any person under 18 years of age,
but does not include an emancipated minor.
Paraphernalia- means:
(a) Objects used, intended for use, or
designated for use in preparing, storing,
ingesting,
inhaling, or otherwise introducing medical marijuana into the human body; and
(b) Kits,
objects, devices, or equipment used, intended for use, or designated for
use
in planting, propagating, manufacturing, cultivation, growing, harvesting,
processing,
or preparing medical marijuana.
Physician- means an individual
who is licensed and in good standing to practice medicine or osteopathy under
District law.
Program- means the medical marijuana program
established by section 6 of the Act.
Qualifying medical condition-means:
(a) Human immunodeficiency virus;
(b) Acquired immune deficiency syndrome;
(c) Glaucoma;
(d) Conditions characterized by severe and
persistent muscle spasm, such as multiple sclerosis;
(e) Cancer; or
(f) Any other condition, as determined by
rulemaking, that is:
(1) Chronic or long lasting;
(2) Debilitating or interferes with the basic
functions of life; and
(3) A serious medical condition for which
the use of medical marijuana is
beneficial:
(1) That cannot be effectively treated by
any ordinary medical or
surgical
measure; or
(2) For which there is scientific evidence
that the use of medical
marijuana
is likely to be significantly less addictive than the
ordinary
medical treatment for that condition.
Qualifying medical treatment-
means:
(a) Chemotherapy;
(b) The use of azidothymidine or protease
inhibitors;
(c) Radiotherapy; or
(d) Any other treatment, as determined by
rulemaking, whose side effects require treatment through the administration of
medical marijuana in the same manner as a qualifying medical condition.
Qualifying patient- means a resident of
the District who has a qualifying medical condition or is undergoing a
qualifying medical treatment.
Residence- means a dwelling or
dwelling unit in which a person lives in a particular locality with the intent
to make it a fixed and permanent home.
Useable medical marijuana- means the dried
leaves and flowers of the marijuana plant, and any mixture of preparation
thereof, and does not include seeds, stems, stalks or roots of
CHAPTER 50 ALCOHOLIC BEVERAGE REGULATION ADMINISTRATION PROVISIONS
OF GENERAL APPLICABILITY
5000 EXTENSION
OF EXPIRATION DATES OF PROTESTED REGISTRATIONS
5000.1
Cultivation center and
dispensary third year renewal registrations that are undergoing the thirty (30)
day ANC comment period shall be extended as provided by this section.
5000.2
If the Board has not issued a
decision on the matter, and the registration has expired, the registration
shall continue in effect until such time as the Board has rendered a final
decision.
5000.3
In the case of applications
for the renewal of a registration or for transfer to a new owner, the
registration shall continue in effect until the Board has rendered a final
decision.
5000.4
In the case of applications
for the renewal of a registration and for transfer to a new location, the
registration shall continue in effect only for purposes of the original
location, and operations at the new location shall be prohibited until the
Board has rendered a final decision.
5001 MEASURING
DISTANCES
5001.1 In establishing the distance
between one or more places, (such as the actual distance of a cultivation
center or dispensary from a school or recreation center, as defined in the
Act), the distance shall be measured linearly by the Board and shall be the
shortest distance between the property lines of the places.
5001.2 If a boundary line measured by the
Board touches upon any portion of a parcel or lot, the parcel or lot shall be
within the area being identified by the Board.
5002 COMPUTATION OF TIME
5002.1
In computing any period of
time specified in this title, the day of the act, event, or default shall not
be counted, and the last day of the period shall be counted unless it is a
Saturday, Sunday, legal holiday, or day on which ABRA is officially closed, in
which event the time period shall continue until the next day that is not a
Saturday, Sunday, legal holiday, or day on which ABRA is not closed.
CHAPTER
51 REGISTRATION, LICENSE, AND
PERMIT CATEGORIES
5100 REGISTRATION
PERIODS
5100.1 Each registration issued by the
Board shall be valid for one (1) year, except in the following circumstances:
(a) When suspended or revoked; and
(b) When the registration takes effect on a
date in between the dates established by the Board for the regular renewal
registration period, in which case the registration shall be valid only until
the end of the registration period.
5101
RENEWAL PERIODS
5101.1 The renewal period for each
registration listed below shall occur annually with the following dates:
|
Registration Class |
Registration Period |
Ending Year |
|
|
Oct. 1 to
Sept. 30 |
2011 |
|
Dispensary |
Oct. 1 to
Sept. 30 |
2011 |
5101.2 In addition to the initial
application, the Board shall provide notice for public comment to all ANCs
located in the affected ward once every three years on an applicant for a
dispensary or cultivation center’s third renewal. The first renewal notice shall be provided by
the Board to ANCs located in the affected ward in 2014.
5102 REGISTRATION,
LICENSE, AND PERMIT FEES
5102.1 All registration, permit, and
license fees shall be paid by credit card, certified check, money order,
business check, attorney's check, or personal check payable to the DC
Treasurer. Applicants shall pay the fees specified by the Board in the
following manner:
(a) The fee shall be paid at the time an
application is filed, but shall be returned to an applicant, minus the
prescribed processing fee, if the application is denied.
5102.2 The Board may impose a late fee
upon an applicant that fails to timely renew their registration, permit, or
license in the amount of fifty dollars ($50) for each day after the due date of
payment. The total amount of the late
fee to be paid shall not exceed the annual cost of the registration. The Board may suspend a previously approved
registration until the renewal fee is paid.
A cultivation center or dispensary that has not timely renewed its
registration shall not be permitted to sell medical marijuana with an expired
registration.
5102.3
The Board may suspend a
registration, permit, or license where payment was made by the applicant with a
check returned unpaid. The applicant, in
addition to any late fees imposed by the Board pursuant to § 5102.2, shall also
be charged with a one hundred dollar ($100) returned check fee.
5102.4 The annual fee for a medical
marijuana dispensary registration shall be ten thousand dollars ($10,000). This fee shall also cover any audit and
inspection costs incurred by ABRA.
5102.5
The annual fee for a
cultivation center registration shall be five thousand dollars ($5,000). This fee shall also cover any audit and
inspection costs incurred by ABRA.
5102.6 The annual fee for each director,
officer, member, incorporator, or agent registration shall be two hundred
dollars ($200).
5102.7
The annual fee for an employee
registration shall be seventy five dollars ($75).
5102.8 The annual fee for a medical
marijuana certification provider permit shall be one hundred dollars ($100).
5102.9 The annual fee for a Manager's
license shall be one hundred and fifty dollars ($150).
5102.10 The fee for a duplicate registration
or replacement of a lost registration shall be twenty-five dollars ($25).
5103 APPLICATION
FEES
5103.1 The processing fee for the filing
of an application for a medical marijuana dispensary shall be five thousand
dollars ($5,000).
5103.2 The processing fee for the filing
of an application for a medical marijuana cultivation center shall be five
thousand dollars ($5,000).
5103.3
The fee for the transfer of a
medical marijuana dispensary or cultivation center to a new owner shall be
three thousand dollars ($3,000).
5103.4
The fee for the transfer of a
registration to a new location shall be one thousand dollars ($1,000). This fee
shall also cover any audit and inspection costs incurred by ABRA.
5103.5
The fee for a change of
director, officer, member, incorporator, or agent shall be one hundred dollars
($100).
5103.6
The fee for a corporate or
trade name change shall be one hundred dollars ($100).
5103.7 The
fee for a transport permit shall be twenty-five dollars ($25).
5104 MEDICAL
MARIJUANA CERTIFICATION PROVIDER PERMIT
5104.1
A person or entity wishing to
become a medical marijuana certification provider shall obtain a medical
marijuana certification provider permit which shall allow the holder to provide
a medical marijuana training and education certification program in the
5104.2
A medical marijuana provider
shall include the following subjects in its education training program
submitted to the Board for approval:
(a) The effect medical marijuana
use has on the body and behavior, especially as to driving ability, and that driving under the influence of
marijuana is prohibited under the
Act;
(b)
Intervention techniques, involving
methods of communicating with problem customers;
(c)
Methods of recognizing and
communicating with underage customers;
(d)
Prevention techniques involving
effective identification and carding procedures;
(e)
Explanation of the Legalization of
Marijuana for Medical Treatment Amendment Act of 2010 and Federal law relating
to marijuana and ensuring compliance with this title and District law;
(f)
Advertising, promotion, and
marketing of medical marijuana; and
(g) Security and theft prevention.
5104.3 Independent contractors, private
individuals, or educational institutions which seek approval to provide
training shall proceed as follows:
(a) Submit a letter of intent to the ABRA
Director which must include a copy of all training materials, curriculum, and
examinations, along with the annual fee for the entire three-year permit
period.
(b) The ABRA Director will schedule a
presentation of the applicant's program for evaluation by ABRA’s Office of the
General Counsel who will prepare a written evaluation report on the program's
compliance with the training standards.
(c) Should the ABRA Director find that the
applicant meets the requirements of this section; the application will then be
placed before the Board for consideration at its next regularly scheduled
meeting.
(d) The Board shall make the final
determination as to the qualifications of the applicant and compliance of the
applicant's program with § 5104.2. The
Board may hold a fact-finding hearing to obtain additional information
regarding the applicant’s program prior to issuing its decision.
(e) Approval of a medical marijuana training
and education program shall expire after three years from the date of the
course obtaining approval. The applicant shall resubmit a program to the Board
for approval as part of its application to renew its certification provider
permit.
5105
MANAGER CERTIFICATION
5105.1 An applicant for a Manager's
license shall submit a copy of his or her certificate showing completion of a
medical marijuana training and education program from a Board approved training
provider with his or her Manager's license application.
5105.2 An applicant for a Manager's
license, who has been selected by a cultivation center or dispensary to serve
as a licensed manager but who has not completed a medical marijuana training
and education program may be issued a temporary Manager's license by the Board
for a period not to exceed thirty (30) days upon the submission of a signed written statement on a form provided by ABRA from
the applicant attesting that he or she will complete a medical
marijuana training and education program and submit a copy of his or her
certificate within the 30-day period.
The medical marijuana training and education certificate requirement
shall not take effect until sixty (60) days from the effective date of these
regulations.
5106
NOTICE TO ADVISORY
NEIGHBORHOOD COMMISSIONS
5106.1 Upon receipt of an initial
completed application or a third year renewal for a dispensary or cultivation
center, or an application to transfer the dispensary or cultivation center to a
new location, the Board shall give written notice through the mail of the
registration application to all ANCs in the affected ward. Notice shall be given by the Board to all
ANCs in the affected ward at least thirty (30) days prior to the approval of a
location for a dispensary or cultivation center.
5106.2 The written notice shall contain
the legal name and trade name of the applicant, the street address of the
establishment for which registration is sought, the type of registration
sought, and a description of the nature of the operation the applicant has
proposed. The description shall include
the proposed hours of operation for the dispensary or cultivation center.
5106.3 The notice shall also state: (1)
the final day that comments must be received by ABRA from the ANCs in the
affected ward and (2) the public hearing date to be held by the Board.
5106.4 The recommendations of ANCs in the
affected ward of a location for a dispensary or cultivation center registration
application shall be given great weight by the Board.
5106.5 The Board shall give notice to each
ANC in the affected ward by first-class mail, and addressed to the following
persons:
(a) The ANC office, with a copy for each ANC
member;
(b) The ANC chairperson, at his or her home
address of record; and
(c) The ANC member in whose single-member
district the establishment is or will be located,
at his or her home address of record.
5106.6 Notice required to be provided by
the Board to each ANC office, ANC Chairperson, and ANC single member district
Commissioner, shall be sent to the ANC address on file with the Board of
Elections and Ethics.
5106.7 The Board shall publish the notices
required under this section in the District of Columbia Register.
5107 POSTED NOTICE TO PUBLIC
5107.1 The Board shall post two (2)
notices indicating that an application for a cultivation center or dispensary
registration has been filed in conspicuous places on the outside of the
establishment for the duration of the ANCs thirty (30) day comment period.
5107.2 The
notices shall state: (1) the information contained in § 5106.3; (2) the final
day of the ANC’s comment period; (3) the contact information for the ANC where
the establishment is located; and (4) the telephone number and mailing address
of ABRA.
5107.3 An
applicant who fails to maintain the posted notices continuously during the ANC
comment period shall be guilty of a violation of this chapter.
5107.4 If the Board determines that the
notices posted at an applicant's establishment have not remained visible to the
public for a full thirty (30) days, the Board shall require the reposting of
the notices and shall restart the thirty (30) day ANC comment period, unless
the applicant has fully performed all other notice requirements and the Board
determines that the public has received sufficient notice of the application.
5108 COMMENTS FROM ANCS LOCATED IN
THE AFFECTED WARD
5108.1 Comments submitted by an ANC
located in the affected ward for Board consideration shall relate to the ANC’s
concerns or support regarding the proposed location including but not limited
to: (1) the potential adverse impact of the proposed location to the
neighborhood, and (2) an overconcentration or lack of cultivation centers or
dispensaries in the affected ward.
5109 NON-TRANSFERABLE REGISTRATION
CARDS
5109.1 All persons required to register
with the Board shall receive and wear on their person while working in a
restricted access area at a cultivation center or dispensary a non-transferable
uniform registration identification card from ABRA. It shall be a violation of this title for a
person to not wear their non-transferable registration identification card
while working in a restricted access area of a cultivation center or
dispensary.
5109.2 The non-transferable registration
card shall be presented by a director, officer, member, incorporator, agent and
employee of a cultivation center or dispensary to law enforcement or an ABRA
investigator to confirm that the person is authorized to cultivate, dispense, distribute,
or possess medical marijuana, or manufacture, possess, or distribute
paraphernalia.
CHAPTER
52 REGISTRATION LIMITATIONS
5200 LIMITATION
ON THE NUMBER OF DISPENSARIES AND
5200.1 The number of dispensaries
registered to operate in the
5200.2 The number of cultivation centers
registered to operate in the
5201 REGISTRATION
APPLICATIONS NEAR SCHOOLS AND
5201.1 The three hundred foot (300 ft.)
distance shall be measured in accordance with the provisions of § 5002.1 of
this title.
CHAPTER 53 GENERAL REGISTRATION REQUIREMENTS
5300 DENIAL
OF REGISTRATION FOR VIOLATIONS OF LAW
5300.1 The Board may deny registration to
an applicant if evidence shows that the applicant has permitted conduct at the
cultivation center or dispensary which is in violation of this title.
5301 CERTIFICATE OF OCCUPANCY AND
PERMITS
5301.1
A registration shall not be
issued for a cultivation center or dispensary unless the applicant obtains a
valid certificate of occupancy for the premises in which the business for which
the registration is sought is located, and is also the holder of all other
licenses and permits required by law or regulation for that business.
5302 REGISTRATION
APPROVAL BEFORE ISSUANCE OF CERTIFICATE OF OCCUPANCY
5302.1
The Board is authorized, in
its discretion, to approve the granting of a registration for a cultivation
center or dispensary, subject to all other requirements of the Act or this
title, to an applicant prior to the issuance of a certificate of occupancy for
the building in which the registered premises shall be located, if the Board
finds to its satisfaction the following:
(a) That an applicant for registration
has entered into a bona fide agreement with the
owner of a building proposed to be constructed or remodeled;
(b)
That, under the bona fide
agreement, the applicant has agreed to lease, purchase, or otherwise occupy all
or a portion of the building for the applicant's use in carrying on the
business which would be authorized by the registration;
(c) That the agreement provides that so much
of the proposed building to be occupied for business purposes registered under
this chapter is to be constructed or remodeled in accordance with
specifications set forth in the agreement;
(d) That the agreement describes the
quarters as reasonably adequate and appropriate for the business to be carried
on under the authority of the registration;
(e) That the zoning of the premises to be
registered will allow the issuance of the registration; and
(f) That the applicant shall not engage in
the purchase or sale of medical marijuana unless and until a certificate of
occupancy and all other business licenses have been issued for the business.
5302.2
An application for a
registration under § 5302.1 shall be made on forms prescribed by the Board and
shall include the following information:
(a) The street address of the establishment
to be registered or, in the case of new construction, the lot and square
numbers of the ground upon which the establishment will be located; and
(b) The date on which the applicant plans to
open the establishment.
5302.3 A registration approved by the
Board under § 5302.1 shall not be issued until the premises has been finally
inspected by the Board or its staff, or until the applicant provides to the
Board the following:
(a) A certificate of occupancy for the
registered premises;
(b) Copies of all necessary business
licenses for the premises;
(c) Copies of all tax registration documents
for the business;
(d) Copies of an executed lease or deed for
the registered premises, provided, however, that the business terms of the
lease including the rent may be redacted by the applicant; and
(e) All necessary approvals required under
this title from MPD, DCRA, and the Department.
5302.4 Applicants for registration under §
5302.1 shall pay the appropriate registration fee, as set forth in this title,
and approval by the Board shall remain effective until the end of the
appropriate registration period set out in this title. If the applicant has not
opened his or her business by the time the registration period ends, the Board
may, in its discretion, extend its approval through such further period as it
deems proper upon payment by the applicant of all or any portion of the
registration renewal fee.
CHAPTER
54 REGISTRATION APPLICATIONS
5400 GENERAL QUALIFICATIONS FOR ALL
APPLICANTS
5400.1 Before
issuing, transferring to a new owner, or renewing a registration, permit, or
license for either a business applicant or an individual applicant, the Board
shall determine that the applicant meets all of the following criteria:
(a) The
applicant’s criminal history reflects that he or she is of good character and
generally fit for the responsibilities of registration;
(b) The
applicant is at least twenty-one (21) years of age;
(c) The
applicant has not been convicted of any felony before filing the application;
(d) The
applicant has not been convicted of a misdemeanor for a drug-related offense
before filing the application;
(e) The
applicant has paid the annual fee;
(f) The
applicant is not a licensed physician making patient recommendations;
(g) The
applicant is not a person whose authority to be a caregiver or qualified
patient has been revoked by the Department; and
(h) The
applicant has complied with all the requirements of the Act and this title.
5400.2 The
Board shall not register either a business applicant or an individual applicant
that has failed to file required District tax returns or owes more than $100 in
outstanding debt to the District as a result of the items specified in § 47-2862(a)(1) through (9), subject to
the exceptions specified in § 47-2862(b).
5401 ADDITIONAL
STANDARDS AND CONSIDERATIONS FOR INITIAL REGISTRATION APPLICATIONS OR TRANSFER
OF A
5401.1 In evaluating initial applicants
for dispensary and cultivation center registration or an application to
transfer a cultivation center or dispensary to a new location, the Board shall
also consider the following factors:
(a) The applicant’s knowledge of District
and federal law relating to marijuana;
(b) The suitability of the proposed
facility;
(c) The applicant’s proposed staffing plan;
(d) The applicant’s security plan, including
the assessment made by MPD;
(e) The applicant’s cultivation plan, if
applicable;
(f) The applicant’s transportation plan, if
applicable;
(g) The applicant’s product safety and
labeling plan;
(h) Whether the applicant is the true and
actual owner of the business for which he registration is sought, and intends
to carry on the business for himself or herself and not as the agent of any
other individual, partnership, association, limited liability company, or
corporation not identified in the application; and
(i) Whether the cultivation center or
dispensary will be managed by the applicant either in person or by a
Board-licensed manager.
5401.2
A registration application for
a cultivation center or dispensary shall not be approved for any establishment
located within 300 feet of a preschool, primary or secondary school, or
recreation center.
5401.3 A registration application for a
cultivation center or dispensary shall not be approved for any outlet,
property, establishment, or business that sells motor vehicle gasoline or that
holds a Motor Vehicle Sales, Service, and Repair endorsement under D.C.
Official Code § 47-2851.03(c)(9) [now § 47-2851.03(a)(9)] or an Environmental
Materials endorsement under § 47-2851.03(c)(4) [now § 47-2851.03(a)(4)] to its
master [basic] business license.
5401.4 A registration application for a
cultivation center or dispensary shall not be approved for any location that
also sells alcoholic beverages.
5401.5 A registration application for a
cultivation center or dispensary shall not be approved for an establishment
intending to operate any other type of business at the proposed location.
5402 APPLICATION
FORMAT AND CONTENTS
5402.1 The Board shall not accept as
filed, and shall take no action upon, any registration application that is not
complete. Cultivation center and
dispensary registration business applications shall be accepted by the Board on
a first-come, first-serve basis. In the
event that all cultivation center and dispensary licenses are applied for, the
Board will not accept additional cultivation center or dispensary registration
business applications until additional cultivation center or dispensary
registrations become available.
5402.2 The
business application of a person applying for a cultivation center or
dispensary registration shall include:
(a) In
the case of an individual applicant, the trade name of the business, if
applicable, and the name and address of the individual; in the case of a
partnership or limited liability company applicant, the trade name of the
business, if applicable, and the names and addresses of each member of the
partnership or limited liability company; and in the case of a corporate
applicant, the legal name, trade name, place of incorporation, principal place
of business, and the names and addresses of each of the corporation's principal
officers, directors, and shareholders holding, directly or beneficially, one
percent (1%) or more of its common stock;
(b) The
name and address of the owner of the establishment for which the registration
is sought and the premises where it is located;
(c) Whether
registration is sought for a cultivation center and/or dispensary;
(d) The
proximity of the cultivation center or dispensary to the nearest public or
private, preschool, primary or secondary school or recreation center, and the
name of the school or recreation center;
(e) The
size and design of the cultivation center or dispensary;
(f) A
detailed description of the nature of the proposed operation, including the
following:
(1) The location of all restricted access
areas; and
(2) The
hours during which the cultivation center or dispensary plans to operate;
(g) An
affidavit that complies with D.C. Official Code § 47-2863(b);
(h) Documents
or other written statements or evidence establishing to the satisfaction of the
Board that the person applying for the license meets all of the qualifications
set forth in § 5400.1; and
(i)
The
applicant shall sign a written statement on a form provided by ABRA attesting
that the applicant assumes any and all risk or liability that may result under
5402.3 The applicant shall sign a
notarized statement certifying that the application is complete and accurate.
Any person who knowingly makes a false statement on an application, or in any
accompanying statement under oath that the Board may require, shall be guilty
of the offense of making false statements. The making of a false statement,
whether made with or without the knowledge or consent of the applicant, shall,
in the discretion of the Board, constitute sufficient cause for denial of the
application or revocation of the registration. The making of false statements
shall also constitute a criminal offense under D.C. Official Code § 22-2514.
5402.4 An applicant for a cultivation
center or dispensary registration, shall submit two (2) statements, in such
form as the Board shall require, as to the following:
(a) The applicant is the true and actual
owner of the business for which the registration is sought; that he or she
intends to carry on the business for himself or herself and not as the agent of
any other individual, partnership, association, or corporation not identified
in the application; and that the registered establishment will be managed by
the applicant in person or by a licensed manager approved by the Board.
5402.5 An applicant for any registration
shall advise the Board, in the application, as to the source of funds used to
acquire or develop the business for which the registration is sought, provided,
however, that independent documentation concerning the source of such funds
shall not be required as part of the application nor shall the applicant be
required to file copies of closing documents in connection with the purchase of
a registered business in the absence of a Board order.
5402.6 An application for transfer to a
new owner filed with the Board must contain both a Bill of Sale and a Purchase
and Sales Agreement.
5402.7 An applicant for a cultivation
center or dispensary shall also file with the Board plans and specifications
for the interior of the building if the building to be occupied is in existence
at the time. If the building is not in
existence, the applicant shall file a plot plan and a detailed sketch for the
interior and the architect’s drawing of the building to be constructed.
5403 DISPENSARY REGISTRATION
APPLICATION REQUIREMENTS
5403.1 In addition to the requirements in
§ 5402, an application for a dispensary shall also contain the following:
(a) A proposed staffing plan;
(b) A proposed security plan containing the
criteria set forth in § 5403.3;
(c) A product safety and labeling plan that
covers the information contained in § 5607;
(d) A cultivation plan that covers where
cultivated medical marijuana will be obtained;
(e) A written statement regarding the
suitability of the proposed facility; and
(f) A notarized written statement from the
applicant that they have read the Act and this title and have knowledge of
District and federal law relating to marijuana.
5403.2 The
applicant for a dispensary shall file a written security plan with the Board. A
written security plan shall include at least the following elements:
(a) A
statement on the type of security training provided for, and completed by,
establishment personnel, including:
(1) Conflict
resolution training and other security training to be provided to staff;
(2) Procedures
for handling violent incidents, other emergencies, and calling the Metropolitan
Police Department;
(3) The
applicant’s procedures for preventing unregistered individuals from purchasing
marijuana;
(4) The
establishment's procedures for documenting medical marijuana transactions;
(5) How
the applicant intends to use and maintain an incident log;
(6) The
establishment’s procedures for preventing the use of medical marijuana on the
registered premises;
(7) The
number and location of cameras used by the establishment;
(8) Security
measures taken by the applicant to prevent individuals from entering the
limited access area portion of the registered premises;
(9) The
applicant’s closing procedures after the cessation of business each day;
(10) The
applicant’s plan to prevent theft or the diversion of medical marijuana,
including maintaining all medical marijuana in a secure, locked room that is
accessible only to authorized persons; and
(11) The
type of alarm system and outdoor lighting to be used by the applicant.
5403.3 Upon receipt of a written security
plan for an initial dispensary application, ABRA shall forward the security
plan electronically to MPD for an assessment by MPD. MPD shall complete its assessment of the
security plan within thirty (30) days of receipt from ABRA. The Board shall not issue a dispensary
registration until MPD’s completion of its security plan assessment and written
communication of that assessment to ABRA.
5404
5404.1 In addition to the requirements in
§ 5402, an application for a cultivation center shall also contain the
following:
(a) A proposed staffing plan;
(b) A proposed security plan containing the
criteria set forth in § 5403.3;
(c) A cultivation plan that covers where
medical marijuana will be cultivated and stored;
(d) A product safety and labeling plan that
covers the information contained in § 5607;
(e) A written statement regarding the
suitability of the proposed facility; and
(f) A notarized written statement from the
applicant that they have read the Act and this title and have knowledge of
District and federal law relating to marijuana.
5404.2 The
applicant for a cultivation center shall file a written security plan with the
Board. A written security plan shall include at least the following elements:
(a) A
statement on the type of security training provided for, and completed by,
establishment personnel, including:
(1) Conflict
resolution training and other security training to be provided to staff;
(2) Procedures
for handling violent incidents, other emergencies, and calling the Metropolitan
Police Department;
(3) The
establishment's procedures for documenting medical marijuana transactions;
(4) The
establishment’s procedures for preventing unregistered businesses from
purchasing medical marijuana;
(5) How the applicant intends to use and
maintain an incident log;
(6) The
establishment’s procedures for preventing the use of medical marijuana on the
registered premises;
(7) The number and location of cameras used
by the establishment;
(8) Security
measures taken by the applicant to prevent individuals from entering the
limited access area portion of the registered premises;
(9) The
applicant’s closing procedures after the cessation of business each day;
(10) The
applicant’s plan to prevent theft or the diversion of medical marijuana,
including maintaining all medical marijuana in a secure, locked room that is
accessible only to authorized persons;
(11) The
type of alarm system and outdoor lighting to be used by the applicant; and
(12) The
applicant’s transportation plan for delivering medical marijuana from the
cultivation center to dispensaries.
5404.3 Upon receipt of a written security plan
for an initial cultivation center application, ABRA shall forward the security
plan electronically to MPD for an assessment by MPD. MPD shall complete its assessment of the
security plan within thirty (30) days of receipt from ABRA. The Board shall not issue a cultivation
center registration until MPD’s completion of its security plan assessment and
written communication of that assessment to ABRA.
5405
5405.1
A registration for a
cultivation center or dispensary shall not be issued by the Board until all
approvals required under this title have been obtained by MPD, DCRA, and the
Department.
5406 DIRECTOR,
OFFICER, MEMBER, INCORPORATOR, AND AGENT REGISTRATION REQUIREMENTS
5406.1 The application for a director,
officer, member, incorporator, or agent registration shall include: (1) written statements or evidence
establishing to the satisfaction of the Board that the applicant meets all of
the registration qualifications; and (2) a
copy of the applicant's medical marijuana training and education
certificate. The medical marijuana and
education certificate requirement shall not take effect until sixty (60) days
from the effective date of these regulations.
5407 EMPLOYEE REGISTRATION REQUIREMENTS
5407.1 The application for an employee
registration shall include: (1) written statements or evidence establishing to
the satisfaction of the Board that the applicant meets all of the registration
qualifications; and (2) a copy of the applicant's medical marijuana training
and education certificate. The medical marijuana and education certificate
requirement shall not take effect until sixty (60) days from the effective date
of these regulations.
5408 MANAGER’S LICENSE REQUIREMENTS
5408.1 The
application for a manager registration shall include: (1) a notarized written
statement from the applicant that they have read the Act and this title and
have knowledge of District and federal law relating to marijuana; (2) written
statements or evidence establishing to the satisfaction of the Board that the
applicant meets all of the registration qualifications; and (3) a copy of the
applicant's medical marijuana training and education certificate. The medical marijuana and education
certificate requirement shall not take effect until sixty (60) days from the
effective date of these regulations.
5409 CRIMINAL
BACKGROUND CHECKS
5409.1 Each applicant required to be
registered or licensed under the Act and this title shall be required to
undergo a criminal background check conducted by MPD prior to being registered
or licensed. The criminal background check shall include both a local and FBI
investigation. The applicant shall be responsible for paying the applicable fee
to MPD.
5410 REGISTRATION
PROHIBITED IN RESIDENTIAL USE DISTRICT
5410.1 No registration shall be issued
to a cultivation center or dispensary located in a residential-use district as
defined in the zoning regulations and shown in the official atlases of the
Zoning Commission for the District.
5411 RESTRICTIONS ON HOLDING A
CONFLICT OF INTEREST
5411.1 The
holder of a cultivation center registration shall not be permitted to register
for more than one (1) medical marijuana dispensary.
5412 RENEWAL PROCESS
5412.1 The
Board shall give at least thirty (30) days notice to all ANCs in the affected
ward prior to renewing for the third time a registration application for either
a cultivation center and/or dispensary.
If proper notice has been given to all ANCs in the affected ward, and no
objection to the renewal is filed, the Board shall approve the registration
application unless the Board finds the applicant’s record of compliance to
warrant denying the renewal application.
5412.2
The Board shall consider the
applicant’s record of compliance with the Act and this title and the
regulations promulgated under this title and any conditions placed on the
registration during the period of licensure by the Board in deciding whether to
approve a registration request.
5413 ADDITIONAL CONSIDERATIONS FOR
TRANSFER TO NEW OWNER
5413.1 In deciding whether to transfer a
cultivation center or dispensary registration to a new owner, the Board shall
consider only the applicant's qualifications.
5413.2 A
transfer application shall be required for any voluntary or involuntary
transaction which results in (1) the transfer to an individual of one percent
(1%) or more of the legal or beneficial ownership of (A) the registered
establishment, or (B) the entity owning or controlling the registered
establishment, or (2) a change in stock ownership or partnership interest of
one percent (1%) or more, within any 12 month period, shall require application
for transfer of the registration to new owners from the Board.
5413.3 An
application to transfer a registration to a new owner shall be filed by the
transferee and approved by the Board before the consummation of the transfer.
5413.4 An
applicant requesting the transfer of a registration to a new owner shall submit
documents and other written statements and evidence requesting written approval
of the transfer and establishing to the satisfaction of the Board that the new
owner meets all of the qualifications set forth in § 5400.1.
5413.5 The
current registration holder shall submit an affidavit which complies with D.C.
Official Code § 47-2863(b).
5413.6 If the Board finds that the
registration holder is in violation of this title or regulations promulgated
under this title, the Board shall deny the application for transfer.
5414 INVOLUNTARY TRANSFERS
5414.1 The
Board may transfer the registration of a cultivation center or dispensary upon
the request of a bona fide purchaser of the registration who made the purchase
at any of the following:
(a) A
marshal's sale;
(b) A trustee's sale under foreclosure of a
chattel deed of trust;
(c) A trustee's or receiver's sale in
bankruptcy proceedings;
(d) Any other sale conducted upon the order
of a court of competent jurisdiction;
(e) A sale under Article 9 of the Uniform
Commercial Code;
(f) Upon
the death of an individual who is a registration holder or who has a stock
ownership or partnership interest of one percent (1%) or more in the registered
business; or
(g) A tax sale under Chapter 13 or 13A of
Title 47.
5414.2
Bona fide purchasers shall be
required to file a transfer of ownership application, pay any outstanding
registration fees, and meet all of the requirements of § 5400.1.
5415 DENIED OR WITHDRAWN APPLICATIONS
5415.1 The service charge fee for
processing an application which has been denied or withdrawn shall be one
hundred fifty dollars ($150) for a proprietorship, two hundred fifty dollars
($250) for a partnership, and three hundred fifty dollars ($350) for a
corporation or an unincorporated entity.
5416 LIMITATION ON SUCCESSIVE
APPLICATIONS AFTER DENIAL
5416.1 A
second and each subsequent registration application for either a cultivation
center or dispensary for the same person or persons shall not be considered
within five (5) years of a denial.
5416.2 If an application is withdrawn for
good cause, as determined by the Board, before the timely filing of a protest,
or if the first application was denied for purely technical or procedural
reasons, as determined by the Board, another application by the same applicant
for either a cultivation center or dispensary registration at the same premises
may be made at any time.
CHAPTER
55 REGISTRATION CHANGES
5500 TRADE
NAMES AND CORPORATE NAMES
5500.1 No dispensary or cultivation center
registered under the Act shall use any name other than that of an individual,
including a corporate or trade name, without first obtaining approval from the
Board for use of the corporate or trade name.
5500.2 A dispensary or cultivation center
registered under the Act may file a written request with the Board to add an
additional trade name at a location currently authorized for the sale of
medical marijuana. The Board in its discretion may approve the use of an
additional trade name. Any additional trade name approved by the Board shall
appear on the establishment's written registration.
5500.3
A dispensary or cultivation
center registered under the Act shall not use or display a trade name,
corporate name, or sign bearing the words “pharmacy”, “apothecary”, “drug
store”, or other phrase that implies that the practice of any health profession
occurs on the premises.
5500.4
Any trade name requested by an
applicant shall not be identical or confusingly similar to one currently used
under a previously issued or existing registration.
5500.5 ABRA shall provide written notice
to the Department and MPD of any Board approved trade name changes. Such notice shall contain both the previous
and current Board approved trade name.
5501 CORPORATE AND PARTNERSHIP
CHANGES
5501.1 If there is a change in corporate
officers, directors, limited or general partners in a partnership, or persons
owning or controlling one percent (1%) or more of the common stock of a
corporate registration, the corporation or partnership shall submit to the
Board within fifteen (15) calendar days the minutes or other instrument giving
the names and addresses of any new officer, director, partner or person holding
one percent (1%) or more of the stock.
5501.2 Within fifteen (15) calendar days
of the change, the corporation or partnership shall furnish to the Board any
data pertaining to the personal and business history of any new officer,
director, stockholder, general or limited partner in a partnership, or other
person that the Board may require.
5501.3 The fee for a change of officer,
director, stockholder, or general or limited partner in a partnership shall be
one hundred dollars ($100).
5501.4 If there is a change in the general
partners of a limited partnership or in the limited partnership owning or
controlling one percent (1%) or more of the partnership interest of a limited
partnership registration, the limited partnership shall submit to the Board in
a timely manner, but no later than fifteen (15) calendar days after the change
has occurred, the instruments reflecting the change in partnership interests.
5502 FILING REQUIREMENTS
5502.1 If the applicant knowingly makes a
false statement in their application, the Board may, in its discretion, order
the registration holder to show cause why its registration should not be fined,
suspended, or revoked, or may deny the registration application, or treat the
registration holder as a new applicant.
5502.2 If the registration holder fails to
adhere to any filing requirements set out in § 5302, the Board may, in its
discretion, order the registration holder to show cause why the registration
should not be suspended or revoked, or impose a civil fine based upon the
primary tier schedule set forth in § 5700 of this title, or deny the
application for transfer.
CHAPTER 56 GENERAL OPERATING REQUIREMENTS
5600 INSTRUCTIONS TO REGISTRANTS
5600.1
The Board shall develop and
furnish to registrants, at the time of issuance of registration, written
information describing the laws and regulations applicable to the dispensary or
cultivation center’s day-to-day operations.
5600.2 Applications shall also be made
available on the ABRA website. To the extent possible, applications shall be
posted on the ABRA website in various languages for informational purposes.
Applications submitted to the Board must be completed in English.
5601 POSTING
OF IDENTIFICATION REQUIREMENT BY DISPENSARY
5601.1 The notice required to be posted by
the dispensary shall state that no person shall be sold medical marijuana who
does not produce both: (1) a valid registration card issued by the Department
and (2) a valid government issued photo identification document displaying
proof of age that matches the name on the registration card.
5602 HOURS
OF OPERATION AND
5602.1 A registered medical marijuana
dispensary may operate and sell medical marijuana on any day and at any time
except between the hours of 9:00 p.m. and 7:00 a.m.
5602.2 A registered cultivation center
shall not be open to the public. In the
event that a registered cultivation center and registered dispensary are
located in the same building, the portion of the building occupied by the
cultivation center shall be closed to the public. A registered cultivation center may operate
for business and deliver to medical marijuana dispensaries on any day and at
any time except between the hours of 9:00 p.m. and 7:00 a.m. A registered cultivation center shall only
permit a registered director, officer, member, incorporator, agent, manager,
employee, or government or law enforcement official on the registered premises.
5602.3 The Board may, by written Order,
further limit the hours of operation for a cultivation center or dispensary on
a case-by-case basis in response to written comments or testimony received from
an ANC in the affected ward.
5603
LOCKING AND SECURING OF MEDICAL MARIJUANA DURING NON-OPERATING HOURS
5603.1 A registered dispensary or
cultivation center shall keep all medical marijuana located on the premises in
a separate storage area which is securely closed and locked during all hours when
the establishment is prohibited from operating or is closed.
5604 MANAGER'S LICENSE
5604.1 In the absence of an owner, a
cultivation center or dispensary shall have a Board approved manager present at
the registered premises during the hours that the cultivation center or
dispensary is open.
5604.2
An applicant for a Manager's
license shall submit an application to the Board on the prescribed form and pay
the required fee.
5604.3 If a registered cultivation center
or dispensary has designated a person to manage the licensed business, each
manager shall be the holder of a valid Manager's license which shall be
renewable every two (2) years.
5604.4 A Manager's license shall remain
valid until surrendered, expired, suspended, or revoked.
5604.5 An applicant for a Manager's
license shall be subject to the requirements of § 5409 and the approval of the
Board.
5604.6 Prior to issuance of a Manager's
license, an applicant shall certify that he or she has obtained and read a copy
of the Act and this title.
5604.7 A registered cultivation center or
dispensary shall notify the Board within seven (7) calendar days of discovering
any manager's arrest or conviction for any crime other than minor traffic
violations.
5604.8 Failure by the applicant to comply with
§ 5604.8, may, in the discretion of the Board, cause the applicant's
registration to be suspended or revoked.
5604.9
A registered cultivation
center or dispensary may file a written request with the Board that an
applicant for a Manager's license who has not completed a medical marijuana
training and education certification program be issued a temporary Manager's
license. The written request shall set forth the name of the licensed
establishment, the trade name, the address of the establishment, the name of
the applicant for the Manager's license, and the reason why the issuance of the
temporary Manager's license is necessary. Such temporary authority shall cease
after thirty (30) days or upon the approval or denial of the Manager's license
application.
5605
DESTRUCTION AND DISPOSAL OF UNUSED OR SURPLUS MEDICAL MARIJUANA AND REPORTING
THEFT
5605.1
A cultivation center or
dispensary shall destroy or dispose of unused or surplus medical marijuana and
its by-products by providing it to MPD for destruction.
5605.2 All unused or surplus medical
marijuana and its by products shall be weighed and documented and submitted to
MPD on a form provided by MPD prior to being delivered to MPD by the
cultivation center or dispensary for destruction.
5605.3 A cultivation center or dispensary
that has had its registration not renewed, revoked, or is going out of business
may obtain approval from the Board to sell and transport medical marijuana to
another cultivation center or dispensary.
The Board shall notify MPD of such approval prior to any medical
marijuana being transported to another cultivation center or dispensary.
5605.4 A cultivation center or dispensary
shall report any stolen or lost medical marijuana by filing a police report by
calling 911 or with the Police District where the registered business resides
either in person or in writing within twenty-four (24) hours of becoming aware
of the theft or loss.
5605.5 For purposes of this section,
“unused or surplus medical marijuana” shall be defined as any harvested or
unharvested marijuana, both processed and unprocessed, which is possessed by a
cultivation center or dispensary and includes:
(a) Any marijuana returned to a dispensary
or cultivation center after being distributed to patient;
(b) Any marijuana plants possessed by a
cultivation center in excess of the plant limitation contained in 22C DCMR §
5804.1;
(c)
Any marijuana that has spoiled or is
unusable for medical purposes; or
(d) Any marijuana possessed by a dispensary
in excess of the amount needed to supply all of the dispensary’s qualified
patients for a one month period, as indicated in D.C. Official Code §
13-315(7)(e)(3).
5606.6 The Board, in its discretion, may
allow a dispensary to possess a surplus of medical
marijuana
for a period of time, if it is shown that there is a likelihood that additional
qualifying patients or caregivers will register with the dispensary.
5606 NOTICE
OF CRIMINAL CONVICTION OF DIRECTOR, OFFICER, MEMBER, INCORPORATOR, AGENT OR
EMPLOYEE
5606.1 A registered dispensary or
cultivation center shall immediately notify the Board in writing if the
registration holder discovers that any director, officer, member, incorporator,
agent, or employee has at any time prior to or during his or her employment
been convicted of a felony or a misdemeanor for a drug-related offense. For purposes of this section,
"immediately" shall mean notifying the Board within seven (7) days of
discovering the criminal conviction.
5607 LABELING AND PACKAGING OF
MEDICAL MARIJUANA
5607.1 No medical marijuana shall be
dispensed or distributed to a qualifying patient or caregiver unless the
container in which it is distributed bears a legible label, firmly affixed,
stating:
(a) The name and
address of the cultivation center where the medical marijuana was produced;
(b) The name of the
dispensary where the medical marijuana was dispensed;
(c)
The quantity of medical
marijuana contained within;
(d)
The cannabinoid profile of
the medical marijuana contained within, including the THC level;
(e) Any other ingredient
or ingredients besides medical marijuana contained within;
(f) The name of the
recommending physician;
(g) The
dispensing date that the medical marijuana was transferred to the qualified
patient or caregiver;
(h) The
qualifying patient’s name and registration card number; and
(i) A
statement that the product is for medical use and not for resale or transfer to
another person.
5607.2 All medical marijuana sold or
otherwise distributed by a cultivation center shall be packaged and labeled in
a manner that advises the purchaser that it contains marijuana, specifies the
amount of marijuana in the product, and that the marijuana is intended for
medical use solely by the patient to whom it is sold, and that any re-sale or
re-distribution of the medical marijuana to a third person is prohibited.
5607.3
The label shall include all
ingredients contained in the product, in order from most abundant to least
abundant. The label shall identify
potential food allergy ingredients, including milk, eggs, fish, shellfish, tree
nuts, peanuts, wheat and soybeans. The
product shall be packaged in a sealed container that cannot be opened without
obvious damage to the packaging.
5607.4 The label shall contain the
following warning: “This product is
manufactured without any regulatory oversight for health, safety, or
efficacy. There may be health risks
associated with the ingestion or use of this product.”
5607.5 All medical marijuana shall be
labeled with a list of all chemical additives, including but not limited to
non-organic pesticides, herbicides and fertilizers that were used in the
cultivation and production of the medical marijuana.
5607.6 A cultivation center may place a
trade or product name on the medical marijuana container prior to transporting
it to a dispensary.
5607.7 The label shall not contain any of
the following information:
(a) Any false or misleading
statement or design;
(b) Any seal, flag, crest, coat of arms, or
other insignia likely to mislead the qualified patient to believe that the
product has been endorsed, made, or used by the District government,
5607.8 A cultivation center or dispensary
shall not alter, obliterate, or destroy any label attached to a medical
marijuana container.
5607.9 A dispensary shall place for
transport purposes packaged and labeled medical marijuana in a separate sealed
container prior to dispensing medical marijuana to a qualified patient or
caregiver. This separate sealed
container shall include a label containing the following required information
contained in § 5607.1: (1) the dispensing date the
medical marijuana was transferred to the qualifying patient or caregiver; and
(2) the qualifying patient’s name and registration card number.
5607.10 A
dispensary shall submit their labeling to ABRA for approval and record. ABRA
shall transmit the final dispensary labeling designs to MPD.
5608 INGESTIBLE ITEMS
5608.1 The production of any medical
marijuana distributed by a dispensary in an edible form, or other form which is
intended to enter the body of a patient, shall be prepared at a cultivation
center facility that meets all requirements of a retail food
establishment. The production of any
product containing medical marijuana shall comply with all
5609 PERMITTED FORMS OF MEDICAL
MARIJUANA
5609.1 Dispensaries and cultivation
centers may dispense or distribute medical marijuana in any form which allows
patients to consume, inhale, or otherwise use medical marijuana for medical
purposes.
5610 VIDEO SECURITY AND ALARM SYSTEM
5610.1 A dispensary or cultivation center
shall be required to operate and maintain in good working order a twenty-four
(24) hour, seven (7) days a week, video recording security system on the
premises that complies with the following minimum standards:
(a) Visually records and monitors all
building entrances and exits, all parking lot areas, rear alley areas
immediately adjacent to the building, and covers the entire inside of the
facility, including all limited access areas, including all areas where medical
marijuana is cultivated, stored, dispensed, or destroyed; The cultivation center or dispensary shall
instruct the company or individuals installing the surveillance cameras to
maximize the quality of facial and body images and to avoid backlighting and
physical obstructions;
(b) Cameras shall possess infrared
capabilities and the ability to zoom in and out. Cameras shall have a minimum resolution of
five hundred lines per inch and a minimum light factor requirement of 0.7
LUX. Light sensitive lenses or the
installation of additional lighting may be required to increase picture clarity
and brightness. Cameras shall be
calibrated and focused to maximize the quality of the recorded image;
(c) The recording device shall be defined as
a “high density recorder” by manufacturer specifications. The device shall be a time-lapse recorder
that displays a current date and time stamp in the videotape;
(d) A display monitor with a minimum screen
size of twelve (12) inches shall be connected to the video recording security
system at all times;
(e) Video recording security systems are
required to be maintained in good working order at all times. The owner of a cultivation center or
dispensary shall instruct each manager, employee, or agent overseeing the
functioning of the video recording security system to immediately report any
malfunctioning or technical problems with the system;
(f) Security video shall be retained by the
cultivation center or dispensary for a minimum of thirty (30) days. The video recording security system for the
security cameras must be located in a locked, tamper-proof compartment. A cultivation center or dispensary shall be
prohibited from taping over existing security video from the last thirty (30)
days; and
(g) Upon request, the video shall be turned
over to MPD or ABRA.
5610.2 A dispensary or cultivation center
shall install, maintain, and use an operational professionally monitored hard-wired
robbery and burglary alarm system.
5611 STORAGE
5611.1 A cultivation center or dispensary
shall be required to install and use a safe for overnight storage of any
processed marijuana, and cash on the registered premises, with the safe being
incorporated into the building structure or securely attached thereto.
5612 PRODUCTION OF VALID PHOTO
IDENTIFICATION REQUIRED
5612.1 A
dispensary shall refuse to sell or deliver medical marijuana to any person who
fails to produce both a valid registration card issued by the Department and a
valid government issued photo identification document displaying proof of age
that matches the name on the registration card.
5613 TEMPORARY SURRENDER OF
REGISTRATION—SAFEKEEPING
5613.1 A
registered cultivation center or dispensary that is discontinued for any reason
shall have its registration surrendered by the cultivation center or dispensary
to the Board for safekeeping within three (3) calendar days of discontinuing
its operations. The Board shall hold the
registration until the establishment resumes business or the registration is
transferred to a new owner. If the
licensee has not initiated proceedings to resume operations or transfer the
license within two (2) years, the Board shall deem the registration abandoned
and cancel the registration.
5613.2 The
Board shall only extend the period of safekeeping beyond two (2) years for
reasonable cause, such as fire, flood, other natural disaster; rebuilding or
reconstruction; or to complete the sale of the establishment.
5613.3 This
section shall not relieve a registered cultivation center or dispensary from
the responsibility for renewing the registration upon its expiration.
5613.4 If
a cultivation center or dispensary notifies the Board that the establishment has
ceased to do business under the registration or if the Board cancels the
registration under this section, the registration shall be marked as
"canceled."
5613.5 A registration suspended by the
Board under this title shall be stored at ABRA.
5614 CO-LOCATION AND INTEGRATION
5614.1 Nothing in this title shall
preclude two or more cultivation centers from locating in the same building,
provided that they maintain (1) separate books and records, and (2) their own
secure and distinct licensed premises that is separated at a minimum by a fixed
boundary.
5614.2 A cultivation center and dispensary
may be located in the same building provided that they share the same Board
approved ownership but shall maintain separate books and records and a separate
secure space provided that qualified patients and caregivers are prohibited
from entering any portion of the cultivation center area.
5615 POINT-OF-SALE SYSTEM
5615.1
The Board may require a
dispensary to purchase and participate in a point-of-sale computer system for
purposes of: (1) verifying that a qualified patient or caregiver is registered,
(2) verifying which dispensary a qualified patient is registered, and (3)
tracking the quantity and date of each medical marijuana sale.
5616 SIGN REQUIREMENTS
5616.1 A dispensary shall post at its
building entrance in a conspicuous place, a sign from the Board which states
the following:
(a) Persons under the age of eighteen (18)
are precluded from entering the premises unless they are a qualified patient
and are in the presence of a parent or guardian;
(b) Smoking, ingesting or consuming
marijuana on the premises or in the vicinity of the dispensary is prohibited
and shall only be used by the qualifying patient in his or her home, the
facility that he or she resides, or a medical facility when receiving medical
care for a qualifying medical condition, if permitted by the medical facility;
(c) The use of medical marijuana may impair
a person’s ability to drive a motor vehicle, aircraft, or motorboat, ride a bicycle,
or operate heavy machinery; and
(d) The sale and use of marijuana and the
diversion of marijuana for non-medical purposes, including to a third party, is
a crime in violation of District law.
5616.2 A
dispensary shall post a sign provided by the Board that is either visible from
the point of entry or
the point of sale, which indicates the following:
(a) The obligation of the qualified patient
or caregiver to produce a valid registration card issued by the Department; and
(b) The obligation of the qualified patient
or caregiver to produce a valid government issued photo identification document
displaying proof of age that matches the name on the registration card.
5616.3 A cultivation center or dispensary
shall post a sign provided by the Board at all areas of ingress and egress to
limited access areas, which reads: “Access to this area is restricted to
persons registered with ABRA visibly displaying a registration identification
card.”
5617 OUTDOOR LIGHTING REQUIREMENTS
5617.1 A cultivation center or dispensary
shall be required for security purposes to have sufficient lighting outside of
the registered business each day between sunrise and sunset that adequately
illuminates the cultivation center or dispensary and its immediate surrounding area,
including storage areas, parking lots, entry areas such as the front façade,
and any adjoining public sidewalk.
5617.2 Outdoor lighting shall be hooded or
oriented so as to deflect light away from adjacent properties.
5618 MINIMUM STAFFING LEVELS
5618.1 A
dispensary shall be staffed with at least two persons during its hours of
operation.
5618.2 A cultivation center shall be
staffed with at least two persons during its hours of operation.
5619 LIMITED ACCESS AREAS
5619.1 Medical marijuana shall only be
grown, cultivated, stored, weighed, displayed, packaged, sold, or possessed for
sale, only in a limited access area under the control of the cultivation center
or dispensary. A cultivation center or
dispensary shall only permit those persons registered with the Board to enter
the limited access area.
5619.2 A limited access area, including
all areas of ingress and egress, shall be designated by the cultivation center
or dispensary on its application. The
limited access area shall be either a building, room, or other contiguous area
upon the registered premises.
5619.3
A cultivation center or
dispensary shall post a sign provided by the Board at all areas of ingress and
egress identifying the limited access area.
5619.4 Persons registered by the Board
shall wear their registration identification issued by ABRA at all times while
working or entering the limited access area.
5619.5 It shall be a violation of this
title for a registered or non-registered person to be located within a limited access
area unless the person’s registration identification is visibly displayed.
5620 MANUFACTURING STANDARDS
5620.1 In the course of producing and
growing medical marijuana, a cultivation center is forbidden from using any of
the following substances or techniques:
(a) Synthetic pesticides (e.g. defoliants
and desiccants, fungicides, insecticides and rodenticides), or wood
preservatives (e.g. arsenate);
(b) Fertilizer or composted plant and animal
material that contains a substance prohibited by this section;
(c) Sewage sludge, in any form, as a soil
amendment;
(d) Synthetic growth regulators;
(e)
Synthetic allopathic
veterinary drugs, including antibiotics and parasiticides;
(f) Synthetic processing substances, aids
and ingredients, and food additives and processing aids including sulphates,
nitrates and nitrites;
(g) Equipment, packaging materials and
storage containers, or bins that contain synthetic fungicide, preservative or
fumigant;
(h) Any pesticide, fungicide, fertilizer,
rodenticides, or drugs banned by the Department of Agriculture or Food and Drug
Administration; or
any other substances or
techniques deemed unlawful by the Board.
5620.2 In the course of harvesting medical
marijuana, a cultivation center shall not harvest medical marijuana before the
plant is no less than 60 days old starting from the day the seed is planted.
5621 TRANSPORT OF MEDICAL MARIJUANA
5621.1 A cultivation center shall obtain
from the Board a transport permit to transport within the
5621.2
A cultivation center shall not
transport medical marijuana within the
5621.3 Upon demand by an MPD officer or
ABRA Investigator, the registered person in charge of the transportation for
the cultivation center shall exhibit to the MPD Officer or ABRA Investigator an
original transport permit.
CHAPTER
57 ENFORCEMENT, INFRACTIONS,
AND PENALTIES
5700 MANDATORY
REVOCATION OF DIRECTOR, OFFICER, MEMBER, INCORPORATOR, AGENT, AND EMPLOYEE
REGISTRATION
5700.1 The Board shall revoke the
registration of a director, officer, member, incorporator, agent or employee of
a cultivation center or dispensary who is found by the Board or a District or
Federal Court, to have violated any provision specifically contained in the
Act. The Board may suspend or revoke the
registration of a director, officer, member, incorporator, agent or employee of
a cultivation center or dispensary found by the Board or a District or Federal
Court, to be in violation of this title.
5701 MANDATORY REVOCATION
5701.1 The Board shall revoke the
registration of a registration holder as a result of any of the following
events during the period for which the registration was issued:
(a) The registration holder has been
convicted of multiple violations of the terms of this title or the regulations
issued under this title and the penalties set forth in Chapter 57 or
established by the Board require revocation;
(b) Except for the sale of medical marijuana
or drug paraphernalia related to the sale of medical marijuana, the
registration holder has knowingly permitted, in or outside of the establishment:
(1) The illegal sale, or negotiations for
sale, or the use, of any controlled substance identified in the District of
Columbia Controlled Substances Act; or
(2) The possession or sale, or negotiations
for sale, of drug paraphernalia in violation of the
Controlled Substances Act or Chapter 11 of Title 48. Successive sales, or
negotiations for sale, over a continuous period of time shall be deemed
evidence of knowing permission; or
(c) The registration holder has been convicted of a felony or a
misdemeanor for a
drug-related
offense.
5701.2 The Board may revoke the
registration of a registration holder as a result of any of the following
events during the period for which the registration was issued:
(a) The registration holder knowingly or
recklessly sells or distributes medical marijuana to an unregistered patient;
(b) The registration holder knowingly
purchases marijuana from an unregistered cultivation center or dispensary;
(c)
The registration holder knowingly
makes a false or misleading statement to the Board or in any affidavit or
application that they submit to ABRA;
(d) The registration holder unlawfully
interferes or impedes in an inspection of their premises conducted by ABRA or
MPD;
(e) The registration holder encourages the
consumption of medical marijuana on their premises. Repeated violations for permitting the
consumption of medical marijuana on the registered premises shall be considered
evidence of encouragement.
5702 MANDATORY SUSPENSION
5702.1 The Board shall summarily suspend
the registration of a cultivation center or dispensary upon a finding that a
director, officer, member, incorporator, agent or employee of a cultivation
center or dispensary has violated any provision specifically contained in the Act. The Board shall remove the suspension once
the Board is satisfied that the director, officer, member, incorporator, agent
or employee is no longer affiliated or employed with the cultivation center or
dispensary.
5703 NOTICE TO DISTRICT AGENCIES
5703.1 ABRA shall provide written notice
to the Department and MPD of any Board decision that results in the suspension
or revocation of the cultivation center’s or dispensary’s registration.
5703.2
ABRA shall provide written
notice to the Department and MPD of any Board decision to transfer a registered
dispensary to a new location. Such
notice shall contain both the previous and current Board approved
location.
5703.3 A
dispensary shall be required to provide written notice of any location change to
all of its registered
qualified patients and caregivers within ten (10) days of being notified of
Board approval.
CHAPTER
58 PROHIBITED AND RESTRICTED
ACTIVITIES
5800
5800.1 It shall be unlawful for a
registered medical marijuana dispensary to purchase medical marijuana from a
source other than a cultivation center registered in the
5800.2
A dispensary shall not be
permitted to offer for sale, sell, or solicit an order for medical marijuana in
person except within the registered premises.
Nothing in this subsection shall preclude a dispensary from providing
educational information regarding medical marijuana to a physician.
5800.3
A dispensary shall not be
permitted to purchase medical marijuana from a person other than a cultivation
center registered in the District.
5801
5801.1 A cultivation center shall not be
permitted to sell medical marijuana to qualified patients or caregivers. It shall be a violation of this title for a
cultivation center to sell medical marijuana to qualified patients or
caregivers.
5801.2 It shall be unlawful for a
cultivation center to sell medical marijuana to a person or entity other than a
dispensary registered in the
5802 UNSEALED PACKAGES IN COMMERCIAL
OR PUBLIC VEHICLES
5802.1 No driver of a commercial or public
vehicle in the
5803 DELIVERY OF MEDICAL MARIJUANA
5803.1 A dispensary shall not be permitted
to transport or deliver medical marijuana to a qualified patient or caregiver
or from a cultivation center. It shall be a violation of this title for a
dispensary to transport or deliver medical marijuana to either a qualified
patient or caregiver or from a cultivation center.
5803.2 A cultivation center shall not be
permitted to deliver medical marijuana to any other premises than the specific
registered premises of the dispensary where the medical marijuana is to be
sold.
5804 PLANT LIMITATIONS
5804.1 A cultivation center shall be
permitted to possess and cultivate up to ninety-five (95) living marijuana
plants at any one time for the sole purpose of producing medical marijuana in a
form permitted under this title. A dispensary shall not be permitted to possess
or sell marijuana plants. It shall be a
violation of this title for a dispensary to possess or sell marijuana plants or
for a cultivation center to sell marijuana plants to a dispensary.
5805 PROHIBITION
REGARDING ON-PREMISE CONSUMPTION
5805.1
A cultivation center or
dispensary shall not permit the consumption of medical marijuana at the registered
premises in any form. The dispensary or
cultivation center shall dispense or distribute medical marijuana in a closed
container that shall not be opened after sale, or the contents consumed, on the
premises where sold. A dispensary may
exhibit for display purposes only clear jars of medical marijuana to assist
qualified patients in making informed purchase making decisions.
5805.2 It shall be a violation of this
title for a cultivation center or dispensary to have on the registered premises
any medical marijuana or marijuana paraphernalia that shows evidence of the
medical marijuana having been consumed or partially consumed.
5806 TIE-IN PURCHASES PROHIBITED
5806.1 A
cultivation center shall not require, directly or indirectly, a dispensary to
purchase any type of medical marijuana or other commodity in order to purchase
any other medical marijuana product.
5807 MINIMUM AGE REQUIREMENTS
5807.1 A
Person under twenty-one (21) years of age shall not be employed by a dispensary
to sell or dispense medical marijuana.
5807.2 A
Person under twenty-one (21) years of age shall not be employed by a
cultivation center to grow or cultivate medical marijuana.
5807.3 A Person under the age of eighteen
(18) shall be precluded from entering the premises unless he or she is a
qualified patient and is in the presence of a parent or guardian.
5808 COMPENSATION OR GIFTS TO
PHYSICIANS
5808.1 It shall be a violation of this
title for a cultivation center or dispensary, or a director, officer, member,
incorporator, agent, or employee of a cultivation center or dispensary to
provide financial compensation, an office, or anything of value to a physician
who recommends the use of medical marijuana.
5808.2 A cultivation center shall not be
permitted to hold educational seminars, classes, or discussions regarding
medical marijuana for physicians.
5809 MEDICAL MARIJUANA AND
PARAPHERNALIA RESTRICTIONS
5809.1 A dispensary shall not provide a
qualified patient or caregiver more than two (2) ounces of dried medical marijuana
either at one time or within a thirty (30) day period.
5809.2 A dispensary shall only dispense
medical marijuana and distribute paraphernalia to a qualifying patient or
caregiver, if the qualifying patient is registered to receive medical marijuana
from that dispensary.
5810 VISIBILITY
5810.1 A dispensary or cultivation center
shall not permit medical marijuana or paraphernalia to be visible from any
public or other property not owned by the dispensary or cultivation center.
CHAPTER
59 ADVERTISING
5900 SIGN ADVERTISING
5900.1 Advertisements
relating to the prices of medical marijuana shall not be displayed in the
window of a registered establishment.
5900.2 Advertisements
relating to medical marijuana shall not be displayed on the exterior of any
window or on the exterior or interior of any door.
5900.3 No sign advertising medical
marijuana on the exterior of, or visible from the exterior of, any licensed
establishment or elsewhere in the District shall be illuminated at any time.
5901 PROHIBITED STATEMENTS
5901.1 A registered cultivation center
shall not use any picture or illustration that depicts a child or immature
person, or objects (such as toys), suggestive of the presence of a child, and
any statement, design, device, picture, or illustration designed to be
especially appealing to children or immature persons.
5901.2 A statement that is known by the
dispensary or cultivation center to be false or misleading with respect to
advertised price charged to the qualified patient, ingredients of medical
marijuana, source of manufacturer, or statements as to health benefits, shall
be prohibited.
5901.3 A statement that encourages the use
or purchase of medical marijuana without a registration card shall be
prohibited.
CHAPTER
60 RECORDS AND REPORTS
6000 CULTIVATION
CENTER BOOKS AND RECORDS
6000.1
Each registered cultivation
center shall keep and maintain upon the licensed premises true, complete, and
current books and records, including the following:
(a) The date of each sale to a
dispensary;
(b) The name, address, and
registration number of the dispensary;
(c) The quantity of medical
marijuana and paraphernalia sold to the dispensary;
(d) The price charged and the amount
received for the medical marijuana from the dispensary;
(e) The quantity and form of medical
marijuana maintained at the cultivation center on a daily basis; and
(f) The amount of plants being grown at the
cultivation center on a daily basis;
6000.2 These books and records shall be
maintained by the cultivation center for a period of three (3) years.
6001 CULTIVATION CENTER INVOICES.
6001.1 With each sale of medical marijuana
the cultivation center shall cause to be made in duplicate an invoice of the
sale showing the following information:
(a) The date of each sale to a
dispensary;
(b) The name, address, and
registration number of the dispensary;
(c) The form and quantity of
medical marijuana and paraphernalia in each sale;
(d) he price of each item in each
sale with the total price; and
(e) A true, accurate, and complete statement
of the terms and conditions on which the sale is made.
6001.2
With each sale, the invoice
shall be prepared in duplicate, and shall be consecutively numbered.
6001.3 All invoices and delivery slips
shall be systematically filed and maintained for a period of three (3) years
from date of delivery.
6002 DISPENSARY
BOOKS AND RECORDS
6002.1 Each registered dispensary shall
keep and maintain upon the licensed premises, true, complete, and current books
and records which include invoices that adequately and fully reflect all
purchases and sales of medical marijuana made to and by the dispensary.
6002.2 Records shall include and
distinctly show the following information:
(a) The quantity, form, and price of medical
marijuana and paraphernalia purchased from a cultivation center in each
purchase;
(b) The date and time of delivery of each
purchase from a cultivation center;
(c) The date and time of each sale to a
qualified patient or caregiver;
(d) The quantity, form, and price of medical
marijuana distributed or dispensed to the qualified patient or caregiver;
(e) The consideration given by the qualified
patient or caregiver for the medical marijuana;
(f) The name, address, and card number of
the qualified patient or caregiver of the medical marijuana;
(g) The name, initials, or employee
identification number of the person who dispensed or sold the medical
marijuana; and
(h) The quantity of medical marijuana still
available for sale at the dispensary.
6002.3
All invoices and delivery
slips shall be systematically filed and maintained for a period of three (3)
years from date of delivery and shall show a true, accurate and complete
statement of terms and conditions on which each purchase was made.
6003 CULTIVATION CENTER REPORTS
6003.1 This section shall apply to
registered cultivation centers.
6003.2 Registration holders subject to
this section shall, on or before the 21st day of July and January, furnish to
the Board on a form to be prescribed by the Board a statement under oath
showing the following information:
(a) The quantity of each medical marijuana
product manufactured by the cultivation center during the preceding six (6)
months;
(b) The quantity of each medical marijuana
product sold by the cultivation center during the preceding six (6) months;
(c) The quantity of paraphernalia
manufactured by the cultivation center during the preceding six (6) months;
(d) The quantity and price of paraphernalia
sold by the cultivation center during the preceding six (6) months;
(e) The amount of medical marijuana
destroyed or disposed of during the preceding six (6) months;
(f)
Certification from MPD that
medical marijuana that was cultivated was relinquished for destruction or
disposal;
(g) The cultivation’s center’s total
expenditures for manufacturing medical marijuana during the preceding six (6)
months;
(h) The cultivation center’s total amount of
sales of medical marijuana during the preceding six (6) months;
(i) The cultivation center’s gross revenue
based upon its medical marijuana sales during the preceding six (6) months;
(j) The amount of sales tax reported by the
cultivation center to OTR during the preceding six (6) months;
(k) The quantity of medical marijuana still
available for sale at the cultivation center to a dispensary on the date the
report is filed to ABRA;
(l) The name, address, home telephone
number, and date of birth of each current employee; and
(m) An affidavit executed by an individual
registrant, partner of an applicant partnership, or the appropriate officer of
an applicant corporation, attesting to the truth of the submitted report.
6003.3 The making of a false statement on
a submitted report, with the knowledge of the registered cultivation center,
shall constitute grounds on which the Board may deny the renewal of the
registration, or subsequently revoke the registration, when the renewal of the
registration is based wholly or in part on the contents of the false statement.
6004 DISPENSARY REPORTS
6004.1 This section shall apply to
registered dispensaries.
6004.2 On or before the 30th
day of July and January, furnish to the Board on a form to be prescribed by the
Board a statement under oath showing the following information:
(a) The quantity and price of medical marijuana
distributed or dispensed to qualified patients and caregivers during the
preceding six months;
(b) The dispensary’s total expenditures for
distributing or dispensing medical marijuana during the preceding six months;
(c) The dispensary’s total amount of
receipts for the sale of medical marijuana;
(d) The quantity of paraphernalia sold by
the dispensary during the preceding six months;
(e) The dispensary’s gross revenue based
upon its medical marijuana sales during the preceding six months;
(f) The amount of sales tax reported by the
dispensary to OTR during the preceding six months;
(g) The amount of medical marijuana that was
destroyed or disposed of during the preceding six months;
(h) Certification from MPD that the medical
marijuana was relinquished for destruction or disposal;
(i) The quantity of medical marijuana still
available for sale at the dispensary on the date the report is filed to ABRA.
(j) The name, address, home telephone
number, and date of birth of each current employee; and
(k) An affidavit executed by an individual
registrant, partner of an applicant partnership, or the appropriate officer of
an applicant corporation, attesting to the truth of the submitted report.
6004.3 The making of a false statement on
a submitted report, with the knowledge of the registered dispensary, shall
constitute grounds on which the Board may deny the renewal of the registration,
or subsequently revoke the registration, when the renewal of the registration
is based wholly or in part on the contents of the false statement.
6005 SLIDING SCALE REGISTRATION
6005.1 A registered dispensary shall be
required to devote two percent (2%) of its gross revenue from medical marijuana
to the sliding scale registration program set forth in this title to assist in
providing medical marijuana to eligible qualifying patrons who are unable to
afford it. The dispensary’s gross
revenue shall be based upon its medical marijuana sales during the preceding
six months as reported to the Board in § 6004.1. The dispensary shall be required to devote
two percent (2%) of its gross revenue from medical marijuana to the program
every six months and shall occur by July 31st and January 31st
of each year.
6005.2 The gross revenue amount to be
contributed by the dispensary to the sliding scale registration program shall
be subject to audit by the Board.
6006 RETENTION
AND INSPECTION OF BOOKS AND RECORDS
6006.1 The books and records referred to
in this chapter, including the original and duplicate invoices, shall be open
to inspection by the Board or its designated agent, and the OTR, during the
establishment's approved hours of operation.
6006.2 A cultivation center shall keep and
maintain all books and records referred to in this chapter on the licensed
premises for a period of four (4) years after the latest transaction recorded
in those books and records.
6006.3 A dispensary shall keep and
maintain all book and records referred to in this chapter on the licensed
premises for a period of four (4) years after the latest transaction recorded
in those books and records.
6007 REPORTING
DIRECTOR, OFFICER, MEMBER, INCORPORATOR, AGENT, EMPLOYEE, AND MANAGER CHANGES
6007.1 A cultivation center or dispensary
shall notify ABRA within ten (10) days after a registered director, officer,
member, incorporator, agent, employee, or manager ceases to work at, manage,
own, or otherwise be associated with the operation. The director, officer, member, incorporator,
agent, employee, or manager shall surrender his or her identification card to
ABRA on or before the date of the notification to ABRA.
CHAPTER
61 BOARD REVIEW PROCEDURES
6100 REVIEW OF REGISTRATION
APPLICATIONS
6100.1 Except
as otherwise provided herein, Board actions and procedures shall be governed by Chapter
5 of Title 2.
6100.2 The
Board may meet in panels of at least three (3) members for the purpose of
conducting hearings and taking official actions on medical marijuana
applications. Three members shall constitute a quorum.
6100.3 For
the purposes of this section, the Board may permit the applicant to designate
in writing a representative to represent it during proceedings before the
Board.
6100.4 Upon
receipt of an initial complete application for a cultivation center or
dispensary, the Board shall schedule a public roll call hearing to occur not
less than five (5) days after the end of the ANC comment period.
6100.5 The
Board shall schedule a public roll call hearing to occur not less than five
days after the end of the ANC comment period every third year it receives a
renewal application from a cultivation center or a dispensary.
6100.6 The
Board shall indicate at the public roll call hearing whether any ANC comments
were received either in opposition to or in support of the application.
6101 HEARING CONTINUANCES
6101.1 The roll call hearing may be
continued for good cause. A written
motion for continuance shall be filed with the Board by the applicant or an ANC
located in the affected ward at least seven (7) days before the scheduled roll
call hearing date. To be granted the
motion shall, in the opinion of the Board, demonstrate that an extreme
emergency exists.
6102 BOARD DECISIONS
6102.1 No registration application shall
be approved until the Board has determined that the applicant has complied with
the requirements of § 5400.1 or, in the case of a renewal, in compliance with
the legal requirements of the Act and this title. The Board shall also have considered, in the
case of an initial application and third renewal for a cultivation center or
dispensary, any timely comments filed by an ANC located in the affected ward.
6102.2 For the purposes of this section,
the record shall close regarding a cultivation center or dispensary application
when the roll call hearing is concluded.
6102.3 Within forty-five (45) days of the
close of the record, the Board shall issue its written decision accompanied by
findings of fact and conclusions of law.
6102.4 The Board may deny an application
for good cause. For purposes of this
section, “good cause” shall constitute a finding by the Board that either: (1)
the applicant does not meet or has failed to comply with any of the provisions
of the Act or this title, (2) the licensed premises has been operated in a
manner that adversely affects the public health or welfare of the neighborhood
in which the establishment is located, or (3) timely comments received by an
ANC located in the affected ward regarding the proposed or current location
warrant denying the application.
6103 RECONSIDERATION REQUESTS
6103.1 A request for reconsideration or
stay of a decision of the Board may be filed by the Applicant or an ANC located
in an affected ward within ten (10) days of receipt of the Board’s order.
6103.2 A stay shall be granted only upon
good cause, which shall consist of unusual or exceptional circumstances.
6104 JUDICIAL
REVIEW
6104.1 Any person receiving an adverse
final decision from Board concerning a registration application may seek
judicial review in the Superior Court of the District of Columbia pursuant to
D.C. Official Code § 11-921.
CHAPTER
62 ENFORCEMENT HEARINGS
6200 REVOCATION, SUSPENSION, OR FINES
– GENERAL PROVISIONS
6200.1 Except
as provided in § 6202, the Board shall not revoke or suspend a registration
until the holder of the registration has been given an opportunity to be heard
in his or her defense.
6200.2 If
a registration is revoked or suspended, no part of the registration fee shall
be returned.
6200.3 If
the Board revokes a registration for a cultivation center or dispensary, no
registration shall be issued to the same person or persons whose registration
is so revoked for the same or any other location for five (5) years following
the revocation, except as provided below.
6200.4 If
the Board revokes a manager's license or a registration for a person other than
a cultivation center or dispensary, a manager's license or individual
registration shall not be issued to the same person for two (2) years.
6200.5 This
section shall not apply to registrations or licenses revoked by the Board for
procedural reasons.
6200.6 The Board may fine, as set forth in
the schedule of civil penalties established under § 5700, and suspend, or revoke the
registration of any registration holder during the registration period if:
(a) The registration holder violates any of
the provisions of the Act or this title;
(b) The
registration holder allows the registered establishment to be used for any
unlawful or disorderly purpose;
(c) The
registration holder fails to superintend in person, or through a manager approved
by the Board, the business for which the registration was issued;
(d) The
registration holder fails or refuses to allow an ABRA Investigator, a
designated agent of ABRA, or a member of MPD to enter or inspect without delay
the registered premises or examine the books and records of the business, or
otherwise interferes with an investigation; or
(e) The registration holder fails to follow
its security plan or Board order.
6201 SHOW CAUSE HEARINGS
6201.1 The
Board shall receive, at any time during the registration period, complaints
from any person, or an ANC in the affected ward, alleging a violation by a
cultivation center or dispensary. Complaints shall be in writing and set forth
enough information to allow the Board or its staff to investigate the matter.
6201.2 In
addition to written complaints identifying the complainant, any person may make
an anonymous complaint in writing to the Board or orally to any ABRA
investigator. Anonymous complaints shall be investigated to the best of the
Board's ability, but may result in no action being taken if the anonymous
complainant fails to provide the Board or the investigator with adequate
information.
6201.3 Within
thirty (30) days of receiving evidence supporting a reasonable belief that a
cultivation center, dispensary, or other registration holder is in violation of
the provision of the Act or this title, the Board shall order the registration
holder, by personal service or certified mail, to appear before the Board not
less than thirty (30) days thereafter to show cause why the registration should
not be fined, revoked or suspended. The
notice shall state the time and place set by the Board for the hearing.
6201.4 The
registration holder shall appear in person, may be represented by counsel, and shall
be entitled to offer evidence in his, her, or its defense. A show cause hearing shall be a contested
case subject to the requirements of the District of Columbia Administrative
Procedure Act.
6201.5 If
the registration holder waives the hearing or fails to appear, the Board shall
proceed ex parte, unless the Board
extends the time for the hearing for good and sufficient cause.
6201.6 If
the Board holds a show cause hearing on a complaint made under subsection
6201.1, the Board, in issuing its order, may place certain conditions on the
registration if it determines that the inclusion of the conditions would be in
the best interests of the neighborhood in which the establishment is
registered. The Board, in placing the conditions, shall state, in writing, the
rationale for its decision.
6201.7 All
written complaints as set forth under subsection 6201.1, which identify the
complainant by name and address, shall be responded to by the Board or its
staff within ninety (90) days of receipt of the complaint, and shall advise the
complainant of the action that the Board or its staff has taken on the matter.
6201.8
The Board shall maintain
records documenting complaints received and the action taken in response to the
complaint.
6202 SUMMARY SUSPENSION HEARINGS
6202.1 If
the Board determines, after investigation, that the operations of a cultivation
center or dispensary present an imminent danger to the health and safety of the
public, the Board may summarily suspend, fine, or restrict, without a hearing,
the registration of the cultivation center or the dispensary.
6202.2 The
Board may summarily suspend, fine, or restrict a cultivation center or
dispensary registration when: (1) the establishment has been the scene of an
assault on a police officer, government inspector or investigator, or other
governmental official, who was acting in his or her official capacity, (2) the
establishment is in violation of the District of Columbia Controlled Substances
Act or Chapter 11 of Title 48, or (3) a registered person from the dispensary
assaults a qualified patient or caregiver at the registered premises.
6202.3 A
cultivation center or dispensary may request a hearing within seventy-two (72)
hours after service of notice of the summary suspension, fine, or restriction
of a registration. The Board shall hold
a hearing within forty-eight (48) hours of receipt of a timely request and
shall issue a decision within seventy-two (72) hours after the hearing.
6202.4 A
person aggrieved by a final summary action may file an appeal in accordance
with the procedures set forth in subchapter I of Chapter 5 of Title 2.
6203 REQUEST
FOR SUSPENSION OR REVOCATION OF REGISTRATION BY CHIEF OF POLICE
6203.1 The
Chief of Police may request the suspension or revocation of a cultivation
center or dispensary registration if the Chief of Police determines that there
is a correlation between increased incidents of crime within 1,000 feet of the
establishment and the operation of the establishment. The determination shall
be based on objective criteria, including incident reports, arrests, and
reported crime, occurring within the preceding 18 months and within 1,000 feet
of the establishment.
6203.2 The
Chief of Police may close a cultivation center or dispensary for up to
ninety-six (96) hours, subject to a hearing and disposition by the Board under
§ 6202 if he or she finds that:
(a) There
is an additional imminent danger to the health and welfare of the public by not
doing so; and
(b) There
is no immediately available measure to ameliorate the finding in paragraph (a)
of this subsection.
6203.3 The
order of the Chief of Police to close an establishment under § 6203.2 shall
terminate upon the disposition by the Board of the matter under § 6202.
6204 NOTICE
OF SUSPENSION OR REVOCATION TO PUBLIC
6204.1 If
the Board orders the suspension or revocation of a cultivation center or
dispensary registration, the Board shall post a notice in a conspicuous place
at or near the main street entrance of the outside of the establishment.
6204.2 The
posted notice shall state that the registration has been suspended, the period
of the suspension, and that the suspension is ordered because of a violation of
the Act or this title.
6204.3 Any
person willfully removing, obliterating, or defacing the notice shall be guilty
of a violation of this chapter.
6204.4 ABRA
shall coordinate with the Department to notify in writing the qualifying
patients and caregivers of a registered dispensary that either: (1) has its
registration revoked, or (2) is required to serve a suspension of longer than
seven (7) calendar days.
6205 EXAMINATION
OF PREMISES AND BOOKS AND RECORDS
6205.1 A
cultivation center or dispensary shall allow any ABRA investigator, ABRA
auditor, or member of the Metropolitan Police Department a full opportunity to
investigate, inspect, and examine, at any time during business hours and other
times of apparent activity:
(a) The
premises, including restricted access areas, where medical marijuana is grown,
cultivated, stored, displayed, dispensed or sold; and
(b) The
books, records, and video recordings of the cultivation center or dispensary
required to be maintained under the Act and this title.
6205.2 In those circumstances where a part
of the registered premises consists of a locked area, upon demand to the
registration holder, such area shall be made available for inspection without
delay.
6205.3 All books and records required to
be maintained by the cultivation center or dispensary shall be maintained at
the registered premises.
CHAPTER 99 DEFINITIONS
9900 DEFINITIONS
9900.1 When used in chapters 50 through 98
of this subtitle, the following terms and phrases shall have the meanings
ascribed:
ABRA – means Alcoholic Beverage Regulation
Administration.
Act – means the Legalization of
Marijuana for Medical Treatment Initiative of 1999 (Act), effective February
25, 2010 ( D.C. Law 13-315; 57 DCR 3360), as amended by the Legalization of
Marijuana for Medical Treatment Amendment Act of 2010, effective July 27, 2010
(D.C. Law 18-210; 57 DCR 4798).
Administer or Administration
– means the direct introduction of medical marijuana, whether by inhalation,
ingestion, or any other means, into the body of a person.
ANC – means Advisory Neighborhood
Commission.
Board – means the Alcoholic Beverage
Control Board.
Business applicant – means a person who
has made an application to register a cultivation center, dispensary, or
medical marijuana certification provider permit and who has an application
pending before the Board.
Caregiver – means a person who:
(a) Is designated by a qualifying patient as
the person authorized, on the qualifying patient’s behalf, to possess, obtain
from a dispensary, dispense and assist in the administration of medical
marijuana;
(b) Is registered with the Department as the
qualifying patient’s caregiver;
(c) Is not currently serving as the
caregiver for another qualifying patient; and
(d) Is at least 18 years of age.
Controlled Substances Act – means the
District of Columbia Uniform Controlled Substances Act of 1981, effective
August 5, 1981 (D.C. Law 4-29; D.C. Official Code § 48-901.02 et seq.).
Cultivation center – means a facility
registered to operate a business that possesses, manufactures, grows,
cultivates and distributes medical marijuana for sale to a registered
dispensary. A cultivation center may
also manufacture, purchase, possess, and distribute paraphernalia and cigarette
rolling papers to registered dispensaries.
Day – means calendar day.
DCRA –
means the Department of Consumer and Regulatory Affairs
Department – means the
Department of Health.
Dispensary – means a facility
registered to operate a business that possesses and sells medical marijuana to
qualified patients and caregivers. A
registered dispensary may also manufacture, purchase, possess, and distribute
paraphernalia and cigarette rolling papers to registered qualified patients and
caregivers.
Dispense – means to distribute medical marijuana
to a qualifying patient or caregiver.
Distribute – means the actual,
constructive, or attempted transfer from one person to another.
Fact-finding hearing – means a hearing
held by the Board to obtain further information from an applicant in response
to either (1) a registration or licensing request or (2) an investigation
conducted by ABRA.
Individual Applicant – means an individual
who has made an application for a manager’s license or for registration as a
director, officer, member, incorporator, agent, or employee and
who has an application pending before the Board.
Letter of information – means a
written request from the Board for further factual information in response to a
request for an advisory opinion.
License – means the document issued to an
applicant after approval by the Board and completion of the registration
process.
Location – means a particular parcel of land that
is defined by an address or other descriptive means.
Manager – means an individual designated by the
cultivation center or dispensary to manage the registered premises in the
absence of a registered owner who has obtained a manager’s license from ABRA.
Manufacture – means the
production, preparation, propagation, compounding, conversion, or processing of
marijuana, either directly or indirectly by extraction from substances of
natural origin, or independently by means of chemical synthesis, or by a
combination of extraction and chemical synthesis, and includes any packaging or
repackaging of the substance or labeling or re-labeling of its container.
Marijuana- means shall have the
same meaning as provided in section 102(3)(A) of the Controlled Substances Act.
Medical Marijuana- means marijuana
cultivated, manufactured, possessed, distributed, dispensed, obtained, or
administered in accordance with the Act and this title.
Minor- means any person under 18 years of age,
but does not include an emancipated minor.
MPD – means the Metropolitan Police
Department.
OTR – means the Office of Tax and
Revenue.
Paraphernalia – means:
(a) Objects used, intended for use, or
designated for use in preparing, storing, ingesting, inhaling, or otherwise
introducing medical marijuana into the human body; and
(b) Kits, objects, devices, or equipment
used, intended for use, or designated for use in planting, propagating,
manufacturing, cultivation, growing, harvesting, processing, or preparing
medical marijuana.
Person – means a natural person, partnership,
association, company, corporation, limited liability company, or organization,
or a manager, agent, owner, director, officer, or employee thereof.
Physician – means an individual
who is licensed and in good standing to practice medicine or osteopathy under
District law.
Placards – means a written notices posted at an
establishment for the purpose of notifying the public of action involving a
registration application for either a cultivation center or dispensary.
Premises – means a distinct and definite
location, which may include a building, a part of a building, a room, or any
other definite contiguous area.
Qualifying patient – means a resident of
the District who has a qualifying medical condition or is undergoing a
qualifying medical treatment.
Registration period – means the period of
time between the authorized beginning and expiration dates for each
registration.
Roll call hearing – means the
proceeding specified in a placard posted at an applicant's premises. It is at
this public hearing that the Board receives testimony or clarification from one
or more ANCs regarding their timely submitted written comments.
Useable marijuana – means the dried
leaves and flowers of the marijuana plant, and any mixture of preparation
thereof, and does not include seeds, stems, stalks or roots of the plant.
Comments on this rule should be submitted, in writing, to Arthur J. Parker,
Chief, Rulemaking Section, Office of the Attorney General, Legal Counsel
Division, 1350 Pennsylvania Avenue, NW, Suite 409, Washington, DC, 20004,
within forty-five (45) days of the date of publication of this notice in the D.C. Register. Additional copies of this rule are available
Monday through Friday between the hours
of 8:30 a.m. and 4:00 p.m. from the Alcoholic Beverage Regulation
Administration, 1250 U Street, NW, 3rd Floor, Washington, DC 20009, or online at the ABRA website at abra.dc.gov.