§ 7–1671.01. Definitions.
*NOTE: This section includes amendments by temporary legislation that will expire on March 10, 2022. To view the text of this section after the expiration of all emergency and temporary legislation affecting this section, click this link: Permanent Version.*
For the purposes of this chapter, the term:
(1) "ABC Board" means the Alcoholic Beverage Control Board.".
(1A) "ABRA" means the Alcoholic Beverage Regulation Administration.
(1B) "Adjacent" means located within the same physical structure as, and is abutting, adjoining, bordering, touching, contiguous to, or otherwise physically meeting.
(1C) “Administer” or “administration” means the direct introduction of medical marijuana, whether by inhalation, ingestion, or any other means, into the body of a person.
(1D) "Advanced practice registered nurse" means an individual licensed and in good standing to practice advanced practice registered nursing under District law.
(1E) "Authorized practitioner" means a physician, advanced practice registered nurse, physician assistant, dentist, or naturopathic physician who is licensed and in good standing to practice under District law.
(2) “Bona fide relationship with a qualifying patient” means a relationship between an authorized practitioner and qualifying patient for which the authorized practitioner:
(A) Has completed a full assessment of the patient's medical or dental history and current medical or dental condition, including a personal physical or dental examination; and
(B) Has responsibility for the ongoing care and treatment of the patient.
(3) “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, administer, and assist in the administration of medical marijuana;
(B) Is registered with ABRA as the qualifying patient’s caregiver;
(C) Is not currently, with the exception of caregivers providing services on behalf of nursing homes and hospices, as those terms are defined in § 44-501(a)(3) and (6)), serving as the caregiver for another qualifying patient; and
(D) Is at least 18 years of age.
(5) “Cultivation center” means a facility operated by an organization or business registered with ABRA pursuant to § 7-1671.05 from or at which medical marijuana is cultivated, possessed, manufactured, and distributed in the form of medical marijuana, and paraphernalia is possessed and distributed to dispensaries.
(5A) "Dentist" means an individual who is licensed and in good standing to practice dentistry under District law, but does not include an individual who only holds a dental teaching license.
(7) “Dispensary” means a facility operated by an organization or business registered with ABRA pursuant to § 7-1671.05 from or at which medical marijuana is possessed and dispensed and paraphernalia is possessed and distributed to a qualifying patient or a caregiver.
(8) “Dispense” means to distribute medical marijuana to a qualifying patient or caregiver pursuant to this chapter and the rules issued pursuant to § 7-1671.13.
(9) “Distribute” means the actual, constructive, or attempted transfer from one person to another.
(10) “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.
(11) “Marijuana” shall have the same meaning as provided in § 48-901.02(3)(A).
(12) “Medical marijuana” means marijuana cultivated, manufactured, possessed, distributed, dispensed, obtained, or administered in accordance with this chapter and the rules issued pursuant to § 7-1671.13.
(12A) "Medical marijuana product" means a product derived from or composed of medical marijuana, in part or in whole.
(13) “Minor” means any person under 18 years of age, but does not include an emancipated minor.
(13A) "Naturopathic physician" means an individual who is licensed and in good standing to practice naturopathic medicine under District law.
(14) “Paraphernalia” means:
(A) Objects used, intended for use, or designed 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 designed for use in planting, propagating, manufacturing, cultivating, growing, harvesting, processing, or preparing medical marijuana.
(15) “Physician” means an individual who is licensed and in good standing to practice medicine or osteopathy under District law.
(15A) "Physician assistant" means an individual who is licensed and in good standing to practice as a physician assistant under District law.
(16) “Program” means the medical marijuana program established by § 7-1671.05.
(17) “Qualifying medical or dental condition” means any condition for which treatment with medical marijuana would be beneficial, as determined by the patient’s authorized practitioner.
(18) “Qualifying medical or dental treatment” means:
(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 or dental condition.
(19) “Qualifying patient” means a resident of the District who has a qualifying medical or dental condition or is undergoing a qualifying medical or dental treatment, or a patient enrolled in another jurisdiction's medical marijuana program; provided, that a patient from another jurisdiction shall not be a qualifying patient if ABRA determines that there is a shortage of medical marijuana or the real-time electronic records system referenced in § 7-1671.05(4)(A) is inactive.
(19A) "Real-time electronic records" means a records system that is able to track the amount of medical marijuana that District residents and patients from another jurisdiction purchase in real-time.
(20) “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.
(20A) "Straw ownership" means nominal ownership without the attendant benefits and risks of genuine ownership, where someone, often for a fee, allows themselves to be named on documents or purports in writing to be an owner, in whole or in part, for the purpose of satisfying a government regulatory requirement.
(21) "Testing laboratory" means an entity that is not owned or operated by a director, officer, member, incorporator, agent, or employee of a cultivation center or dispensary, and is registered by ABRA to test medical marijuana and medical marijuana products that are to be sold under this chapter.