Code of the District of Columbia

§ 7–1671.05. Medical marijuana program.

There is established a medical marijuana program, which shall regulate the manufacture, cultivation, distribution, dispensing, purchase, delivery, sale, possession, testing, and administration of medical marijuana and the manufacture, possession, purchase, sale, and use of paraphernalia. The Program shall be administered by the Mayor and shall:

(1)(A) Require the registration with the Department of all:

(i) Qualifying patients, except qualifying patients enrolled in another jurisdiction's medical marijuana program under § 7-1671.02(c)(2); and

(ii) Caregivers; and

(B) As part of the registration process, require a qualifying patient to:

(i) Repealed.

(ii) Provide a copy of the authorized practitioner's recommendation for the qualifying patient’s use of medical marijuana;

(2) Require the registration of all:

(A) Dispensaries;

(B) Cultivation centers;

(B-i) Testing laboratories; and

(C) Directors, officers, members, incorporators, agents, and employees of dispensaries, cultivation centers, and testing laboratories;

(3) Issue nontransferable registration identification cards that expire annually to registered persons and entities, which may be presented to and used by law enforcement to confirm whether a person or entity is authorized to administer, cultivate, dispense, distribute, test, or possess medical marijuana, or manufacture, possess, or distribute paraphernalia;

(4) Require all dispensaries, cultivation centers, and testing laboratories to:

(A) Maintain true, complete, and real-time electronic records of the following:

(i) The name, address, home telephone number, and date of birth of each employee;

(ii) Each transaction conducted by the facility, including:

(I) The quantity of medical marijuana tested, distributed, or dispensed;

(II) The consideration given for the medical marijuana, if any; and

(III) The recipient of the medical marijuana;

(iii) The quantity of medical marijuana at the dispensary, cultivation center, or testing laboratory;

(iv) The disposal method used for any medical marijuana that was cultivated or acquired but that did not meet the requirements for sale established by the Department through rulemaking under paragraph (5A) of this section or that was not sold for any other reason, including evidence of the disposal of the medical marijuana; and

(v) Any other information required by the Mayor;

(B) Notify the Chief of the Metropolitan Police Department in writing and immediately of the loss, theft, or destruction of any medical marijuana;

(5) Require all dispensaries to maintain true, complete, and current records of:

(A) The name and address of the qualifying patient authorized to obtain the distribution or dispensing of medical marijuana; and

(B) The name and address of the caregiver who receives the medical marijuana;

(5A) Upon the registration of at least one testing laboratory under paragraph (2)(B-i) of this section and pursuant to rules issued by the Department, require that cultivation centers segregate all harvested medical marijuana into batches before manufacturing any medical marijuana product or packaging raw medical marijuana for sale to a dispensary and hold the harvested medical marijuana from sale until:

(A) The medical marijuana has been tested by a testing laboratory;

(B) The cultivation center has received the information required under paragraph (5B) of this section; and

(C) The cultivation center has determined that the medical marijuana meets the requirements for sale established by the Department through rulemaking;

(5B) Require testing laboratories to provide cultivation centers with the following information after testing harvested medical marijuana samples:

(A) The concentration of tetrahydrocannabinol and cannabidiol in the testing material;

(B) Whether the tested material is organic or non-organic;

(C) The presence and concentration of fertilizers and other nutrients; and

(D) Any other information that the Department may require through rulemaking;

(6) Develop educational materials about potential harmful drug interactions that could occur from using medical marijuana concurrently with other medical treatments and the importance of informing health care providers and pharmacists of the use of medical marijuana to help avoid harmful drug interactions;

(7) Revoke or suspend the registration of any person or entity if the Mayor determines that the person or entity has violated a provision of this chapter or the rules issued pursuant to § 7-1671.13;

(8) Conduct announced and unannounced inspections of dispensaries and cultivation centers;

(9) Establish sliding-scale registration and annual renewal fees for all persons and entities required to register pursuant to this chapter; provided, that the registration and annual renewal fees for dispensaries, cultivation centers, and testing laboratories and for the directors, officers, members, incorporators, agents, and employees of dispensaries, cultivation centers, and testing laboratories shall be sufficient to offset the costs of administering this chapter;

(10) Establish a system to provide for the safe and affordable dispensing of medical marijuana to qualifying patients who are unable to afford a sufficient supply of medical marijuana based upon the qualifying patient’s income and existing financial resources that:

(A) Allows qualifying patients to apply to the Mayor to be eligible to purchase medical marijuana on a sliding scale from dispensaries; and

(B) Requires each dispensary to devote a percentage of its gross revenue, as determined by the Mayor, to providing medical marijuana on the sliding scale to qualifying patients determined eligible pursuant to subparagraph (A) of this paragraph;

(11) Submit to the Council an annual report that does not disclose any identifying information about qualifying patients, caregivers, or authorized practitioners, but that includes:

(A) The number of applications filed for a registration identification card;

(B) The number of qualifying patients and caregivers registered;

(C) The qualifying medical condition or qualifying medical treatment for each qualifying patient;

(D) The number of registration identification cards suspended and the number revoked; and

(E) The number of authorized practitioners providing written recommendations for qualifying patients;

(12) Establish standards by which applicants for dispensary, cultivation center, and testing laboratory registration will be evaluated to determine which applicants will be accepted for registration and renewal of registration, which shall include the following factors:

(A) Knowledge of District and federal law relating to marijuana;

(B) Suitability of the proposed facility;

(C) A proposed staffing plan;

(D) A security plan that has been assessed by the Metropolitan Police Department;

(E) A cultivation plan; and

(F) A product safety and labeling plan;

(13)(A) Provide notice through the mail to the Councilmember and all Advisory Neighborhood Commissions in the affected ward at least 30 days prior to approval of a location for a dispensary, cultivation center, or testing laboratory; and

(B) Accord great weight to input provided by the Advisory Neighborhood Commission regarding the proposed location of a dispensary, cultivation center, or testing laboratory when approving or rejecting an application for registration; and

(14) Require caregivers and qualifying patients to notify the Department immediately and in writing of the loss, theft, or destruction of a registration identification card.


(Feb. 25, 2010, D.C. Law 13-315, § 6; as added July 27, 2010, D.C. Law 18-210, § 2, 57 DCR 4798; Feb. 18, 2017, D.C. Law 21-209, § 2(e), 63 DCR 15291.)

Section References

This section is referenced in § 7-1671.01 and § 7-1671.02.

Applicability

Section 7022 of D.C. Law 22-33 repealed § 4 of D.C. Law 21-209. Therefore the changes made to this section by D.C. Law 21-209 have been implemented.

Applicability of D.C. Law 21-209: § 4 of D.C. Law 21-209 provided that the change made to this section by § 2(e) of D.C. Law 21-209 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Emergency Legislation

For temporary (90 days) repeal of § 4 of D.C. Law 21-209, see § 7022 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).

For temporary (90 days) repeal of § 4 of D.C. Law 21-209, see § 7022 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).

Delegation of Authority

Establishment of Medical Marijuana Program and Delegation of Authority, see Mayor’s Order 2010-138, August 6, 2010 ( 57 DCR 7110).