D.C. Law 24-78. Medical Marijuana Patient Access Temporary Amendment Act of 2021.

AN ACT

To amend, on a temporary basis, the Legalization of Marijuana for Medical Treatment Initiative of 1999 to allow qualifying patients with a written recommendation from an authorized practitioner within the last 2 years to register with the Alcoholic Beverage Regulation Administration ("ABRA"), to allow qualifying patients and caregivers whose registration cards have expired or will expire between March 1, 2020, to January 31, 2022, to continue purchasing, possessing and administering cannabis until January 31, 2022, at which point the qualifying patient or caregiver will need to acquire a new registration card, to increase the amount of dried cannabis a qualifying patient may possess at any one time from 4 ounces to 8 ounces, to provide for the issuance of biennial registration cards to patients and caregivers who register with ABRA by January 31, 2022; and to amend Title 22-C of the District of Columbia Municipal Regulations to allow qualifying patients to establish residency in the District with one document, including a telephone bill or bank statement containing a District address.

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Medical Marijuana Patient Access Temporary Amendment Act of 2021".

Sec. 2. The Legalization of Marijuana for Medical Treatment Initiative of 1999, effective February 25, 2010 (D.C. Law 13-315; D.C. Official Code § 7-1671.01 et seq.), is amended as follows:

(a) Section 3 (D.C. Official Code § 7-1671.02) is amended as follows:

(1) Subsection (c)(1)(A) is amended to read as follows:

"(A) Obtained a signed, written recommendation from an authorized practitioner within the last 2 years in accordance with section 5; and".

(2) A new subsection (c-1) is added to read as follows:

"(c-1) When a qualifying patient's or caregiver's registration identification card has expired or will expire at any time between March 1, 2020, and January 31, 2022, and the qualifying patient or caregiver has not submitted an application for a new registration identification card, the qualifying patient or caregiver may continue to purchase, possess, and administer medical marijuana in accordance with this chapter and the rules issued pursuant to section 14 until January 31, 2022. On or after February 1, 2022, the qualifying patient or caregiver must possess a valid registration identification card to continue to purchase, possess, and administer medical marijuana.".

(b) Section 4(a) (D.C. Official Code § 7-1671.03(a)) is amended by striking the phrase "is 2 ounces of dried medical marijuana; provided, that the Mayor, through rulemaking, may increase the quantity of dried medical marijuana that may be possessed up to 4 ounces; and" and inserting the phrase "is 8 ounces of dried medical marijuana. The Mayor" in its place.

(c) Section 6(3) (D.C. Official Code § 7-1671.05(3)) is amended to read as follows:

"(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 to manufacture, possess, or distribute paraphernalia; provided, that qualifying patients and caregivers who register after November 5, 2021, and prior to January 31, 2022, shall be issued nontransferable registration identification cards that expire biennially;".

(d) Section 8(b) (D.C. Official Code § 7-1671.07(b)) is repealed.

Sec. 3. Section 501.2(b) of Title 22-C of the District of Columbia Municipal Regulations (22-C DCMR § 501.2(b)), is amended as follows:

(a) The lead-in language is amended by striking the phrase "two (2)" and inserting the phrase "one (1)" in its place.

(b) Subparagraph (9) is amended to read as follows:

"(9) Utility 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;".

(c) Subparagraph (10) is redesignated as subparagraph (11).

(d) A new subparagraph (10) is added to read as follows:

"(10) A bank statement addressed to the applicant 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".

Sec. 4. Fiscal impact statement.

The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact

statement required by section 4a of the General Legislative Procedures Act of 1975, approved

October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).

Sec. 5. Effective date.

(a) This act shall take effect following approval by the Mayor (or in the event of veto by the Mayor, action by the Council to override the veto), a 30-day period of congressional review as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of Columbia Register.

(b) This act shall expire after 225 days of its having taken effect.

Law Information

Cites

  • D.C. Law 24-78 (PDF)
  • 69 DCR 000204

Effective

Feb. 24, 2022

Legislative History (LIMS)

Law 24-78, the “Medical Marijuana Patient Access Temporary Amendment Act of 2021,” was introduced in the Council and assigned Bill No. 24-478 which was retained by the Council. The bill was adopted on first and second readings on Nov. 2, 2021, and Dec. 7, 2021, respectively. After mayoral review, it was assigned Act No. 24-272 on Jan. 5, 2022, and transmitted to Congress for its review. D.C. Law 24-78 became effective Feb. 24, 2022.