D.C. Code § 48-905.01 — DC Code / Title 48 / Chapter 9 / § 48-905.01
§ 48-905.01. Cooperative arrangements; confidentiality.
Status: in_force

(a) The Mayor shall cooperate with the Board of Education, federal agencies, and other state agencies in discharging the Mayor’s responsibilities concerning traffic in controlled substances and in suppressing the abuse of controlled substances. To this end, the Mayor may:
  (1) Arrange for the exchange of general information among governmental officials concerning the general use and abuse of controlled substances; and
  (2) Coordinate and cooperate in training programs concerning controlled substance law enforcement within the District of Columbia.
(b) Results, information, and evidence received from the D.E.A. relating to the regulatory functions of this chapter, including results of inspections conducted by it, may be relied and acted upon by the Mayor in the exercise of the Mayor’s regulatory functions under this chapter.
(c) (1) A practitioner engaged in medical practice or research shall not nor shall be compelled to:
    (A) Furnish to the Mayor the name or identity of a patient or research subject without the prior consent of the patient or research subject; or
    (B) Furnish the name or identity of an individual that the practitioner is obligated to keep confidential in any civil, criminal, administrative, legislative, or other proceedings in the District of Columbia without prior consent of such individual.
  (2) This section per se shall not limit, in a criminal investigation or prosecution or in an administrative proceeding by the Commission on Licensure to Practice the Healing Art in the District of Columbia, the authority to subpoena dispensing logs or other records of a practitioner containing information concerning the sale, prescription, or distribution of controlled substances under this chapter. The court may order sealed any information furnished without consent, pursuant to the provisions of this subsection.
D.C. Code § 48-905.05 — DC Code / Title 48 / Chapter 9 / § 48-905.05
§ 48-905.05. Administrative inspections.
Status: in_force

(a) The Mayor may make administrative inspections of controlled premises in accordance with the following provisions:
  (1) For purposes of this section only, the term “controlled premises” means:
    (A) Places where persons registered or exempted from registration requirements under this chapter are required to keep records; and
    (B) Places including factories, warehouses, establishments, and conveyances in which persons registered or exempted from registration requirements under this chapter are permitted to hold, manufacture, compound, process, sell, deliver, or otherwise dispose of any controlled substance.
  (2) When authorized by an administrative inspection warrant issued pursuant to subsection (b) of this section, an officer, an employee designated by the Mayor, or a designated civilian employee of the Metropolitan Police Department, upon presenting the warrant and appropriate credentials to the owner, operator, or agent in charge, may enter controlled premises for the purpose of conducting an administrative inspection.
  (3) When authorized by an administrative inspection warrant, an officer or employee designated by the Mayor may:
    (A) Inspect and copy records required by this chapter to be kept;
    (B) Inspect, within reasonable limits and in a reasonable manner, controlled premises and all pertinent equipment, finished and unfinished material, containers and labeling found therein, and, except as provided in paragraph (5) of this subsection, all other things therein, including records, files, papers, processes, controls, and facilities bearing on violation of this chapter; and
    (C) Inventory any stock of any controlled substance therein and obtain samples thereof.
  (4) This section does not prevent the inspection without a warrant of books and records pursuant to an administrative subpoena issued in accordance with § 48-905.07 nor does it prevent entries and administrative inspections, including seizures of property, without a warrant:
    (A) If the owner, operator, or agent in charge of the controlled premises consents;
    (B) In situations presenting imminent danger to health or safety;
    (C) In situations involving inspection of conveyances if there is reasonable cause to believe that the mobility of the conveyance makes it impracticable to obtain a warrant;
    (D) In any other exceptional or emergency circumstance where time or opportunity to apply for a warrant is lacking; or
    (E) In all other situations in which a warrant is not constitutionally required.
  (5) An inspection authorized by this section shall not extend to financial data, sales data, other than shipment data, or pricing data unless the owner, operator, or agent in charge of the controlled premises consents in writing.
(b) Issuance and execution of administrative inspection warrants shall be as follows:
  (1) A judge of the Superior Court of the District of Columbia, upon proper oath or affirmation showing probable cause, may issue warrants for the purpose of conducting administrative inspections authorized by this chapter or rules hereunder, and seizures of property appropriate to the inspections. For purposes of the issuance of administrative inspection warrants, probable cause exists upon showing a valid public interest in the effective enforcement of this chapter or rules hereunder, sufficient to justify administrative inspection of the area, premises, building, or conveyance in the circumstances specified in the application for the warrant.
  (2) A warrant shall issue only upon an affidavit of a designated officer or employee having knowledge of the facts alleged, sworn to before the judge and establishing the grounds for issuing the warrant. If the judge is satisfied that grounds for the issuance of the warrant exist or that there is probable cause to believe they exist, a warrant shall be issued identifying the area, premises, building, or conveyance to be inspected, the purpose of the inspection, and, if appropriate, the type of property to be inspected, if any. The warrant shall:
    (A) State the grounds for its issuance and the name of each person whose affidavit has been taken in support thereof;
    (B) Be directed to a person authorized and designated by the Mayor to execute it;
    (C) Command the person to whom it is directed to inspect the area, premises, building, or conveyance identified for the purpose specified and, if appropriate, direct the seizure of the property specified;
    (D) Identify the item or types of property to be seized, if any; and
    (E) Direct that it be served during normal business hours and designate the judge to whom it shall be returned.
  (3) A warrant issued pursuant to this section must be executed and returned within 10 days of its date unless, upon a showing of a need for additional time, the Court orders otherwise. If property is seized pursuant to a warrant, a copy shall be given to the person from whom or from whose premises the property is taken, together with a receipt for the property taken. The return of the warrant shall be made promptly, accompanied by a written inventory of any property taken. The inventory shall be made in the presence of the person executing the warrant and of the person from whose possession or premises the property was taken, if present, or in the presence of at least one person other than the person executing the warrant. A copy of the inventory shall be delivered to the person from whom or from whose premises the property was taken and to the applicant for the warrant.
D.C. Code § 48-403 — DC Code / Title 48 / Chapter 4 / § 48-403
§ 48-403. Mayor to propose rules; submission to Council; approval.
Status: in_force

Within 90 days of February 28, 1987, the Mayor shall develop proposed rules to implement the provisions of this chapter. The proposed rules shall be submitted to the Council of the District of Columbia (“Council”) for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution within this 45-day review period, the proposed rules shall be deemed approved.
D.C. Code § 48-312 — DC Code / Title 48 / Chapter 3A / § 48-312
§ 48-312. Establishment and duties of the Food Policy Council.
Status: in_force

(a) The Mayor shall establish a Food Policy Council, whose purpose shall be to:
  (1) Promote food access, food sustainability, and a local food economy, including non-mainstream producers, in the District;
  (2) Monitor regulatory barriers to the development of a local food economy, including barriers to the operations of farmers markets, existing food assets in the local food economy, and job creation potential in the local food economy, which shall be included in the annual report submitted to the Council of the District of Columbia in accordance with subsection (c) of this section and may be reported to the Council and relevant agencies more frequently if needed;
  (3) Collect and analyze data on the local food economy and food access in the District, including an assessment of low food access areas; and
  (4) Monitor and research national best practices in food policy, including public health policy for dietary-related illness, and determine how they could be implemented in the District.
(b) The Food Policy Council shall advise the Food Policy Director appointed pursuant to § 48-313(a) on how to promote food access, food sustainability, and a local food economy in the District, how to reduce regulatory barriers to the development of a local food economy, and how to implement national best practices in food policy in the District.
(c) The Food Policy Council shall provide an annual report to the Council of the District of Columbia on the state of the local food economy and food access across the District. The first report shall be due within 240 days of March 10, 2015. Thereafter, the Food Policy Council shall submit a report on December 31 of each year. The report shall identify national best practices in food policy, assess District food access, including an identification of low food access areas, assess District food assets, recommend revisions to regulations and policies that affect the local food economy and food access, and identify funding priorities.
(d) The Food Policy Council may apply for any federal, public, or private grant or funding that would enhance its ability to improve food policy and equity in the District.
D.C. Code § 48-853.05 — DC Code / Title 48 / Chapter 8G / § 48-853.05
§ 48-853.05. Confidentiality of data; disclosure of information; discretionary authority of the Director.
Status: in_force

(a) All data, records, and reports relating to the prescribing and dispensing of covered substances to patients and any abstracts from such data, records, and reports that are in the possession of the Program pursuant to this chapter and any materials relating to the operation or safety of the Program shall be confidential and shall be exempt from disclosure based on requests made pursuant to subchapter II of Chapter 5 of Title 2 [ § 2-531 et seq.]. Information obtained pursuant to the Program may only be disclosed as provided in this chapter.
(b) Upon receiving a request for information in accordance with the Department’s regulations and in compliance with applicable District and federal laws and regulations, the Director shall disclose information relevant to:
  (1) A specific investigation of a specific patient or of a specific dispenser or prescriber to an agent designated by the Chief of the Metropolitan Police Department to conduct drug diversion investigations;
  (2) An investigation or inspection of or allegation of misconduct by a specific person licensed, certified, or registered by or an applicant for licensure, certification, or registration by a health occupations board or the Department;
  (3) A disciplinary proceeding before a health occupations board or in any subsequent hearing, trial, or appeal of an action or board order to designated employees of the Department;
  (4) The proceedings of any grand jury or additional grand jury that has been properly impaneled in accordance with § 11-1916 ; and
  (5) A specific investigation of a specific patient or of a specific dispenser or prescriber to an agent of a federal law-enforcement agency with authority to conduct drug diversion investigations.
(c) (1) In accordance with the Department’s regulations and applicable federal law and regulations, the Director may, at the Director’s discretion, disclose:
    (A) Information in the possession of the Program concerning a patient who is over the age of 18 years to that patient, or to the parent or legal guardian of a child aged 18 years or under, unless otherwise prohibited by District or federal law;
    (B) Information on a specific patient to a prescriber for the purpose of establishing the treatment history of the specific patient when the patient is either under care and treatment by the prescriber or the prescriber is initiating treatment of the patient;
    (C) Information on a specific patient to a dispenser for the purpose of establishing a prescription history to assist the dispenser in determining the validity of a prescription when the patient is seeking a covered substance from the dispenser or the facility in which the dispenser practices;
    (D) Information relevant to an investigation or regulatory proceeding of a specific dispenser or prescriber to other regulatory authorities concerned with granting, limiting, or denying licenses, certificates, or registrations to practice a health profession when the regulatory authority licenses the dispenser or prescriber, or the dispenser or prescriber is seeking licensure by a regulatory authority;
    (E) Information relevant to an investigation relating to a specific dispenser or prescriber who is a participating provider in the District Medicaid program, DC Health Care Alliance, or any other public health care program; information relating to an investigation relating to a specific patient who is currently eligible for and receiving, or who has been eligible for and has received medical assistance services; information relevant to the Medicaid Fraud Control Unit of the Office of the Inspector General, or to designated employees of the Department of Health Care Finance, as appropriate;
    (F) Information relevant to the determination of the cause of death of a specific patient to the designated employees of the Office of the Chief Medical Examiner;
    (G) Information for the purpose of bona fide research or education to qualified personnel; provided, that:
      (i) Data elements that would reasonably identify a specific patient, prescriber, or dispenser shall be deleted or redacted from the information before disclosure; and
      (ii) Release of the information shall only be made pursuant to a written agreement between qualified personnel and the Director to ensure compliance with this chapter;
    (H) Aggregate and summary data that has been processed to remove information that could be used to reasonably identify a specific patient, prescriber, or dispenser to a person for statistical, research, educational, or grant application purposes; and
    (I) Information for the purpose of public health surveillance to employees of the Department's Center for Policy, Planning, and Evaluation; provided, that:
      (i) Data elements that would identify a specific patient, prescriber, or dispenser shall be deleted or redacted from the information before disclosure; and
      (ii) Release of the information shall only be made pursuant to a written agreement between the employees of the Center for Policy, Planning, and Evaluation and the Director to ensure compliance with this chapter .
  (2) For the purposes of a disclosure under paragraph (1)(B) or (C) of this subsection:
    (A) The request shall be made and the information shall be provided in the manner specified by the Director through rulemaking; and
    (B) Notice shall be given to patients that the information described in paragraph (1)(B) or (C) of this subsection, as applicable, may be requested by a prescriber or dispenser participating with the Program.
  (3) For a disclosure made under paragraph (1)(G) or (H) of this subsection, the Director may establish and collect fees to recover the operational costs associated with the disclosure, including the costs associated with reaching a data sharing agreement, monitoring user compliance with the data sharing agreement, and searching, aggregating, anonymizing, sampling, and cleaning the data.
  (4) All fees collected pursuant to paragraph (3) of this subsection shall be deposited as nonlapsing funds in the Health Occupations Regulation Fund established by § 7-733 .
(d) Confidential information that has been received, maintained, or developed by a health occupations board or disclosed by the health occupations board pursuant to this chapter shall not be available for discovery or court subpoena or introduced into evidence in any medical malpractice suit or other action for damages arising out of the provision of or failure to provide services; provided, that this section shall not be construed to inhibit any investigation or prosecution conducted pursuant to this chapter.
D.C. Code § 48-1002 — DC Code / Title 48 / Chapter 10 / § 48-1002
§ 48-1002. Procedure for establishing a drug free zone.
Status: in_force

(a) The Chief of Police may declare any public area a drug free zone for a period not to exceed 120 consecutive hours.
(b) In determining whether to designate a drug free zone, the Chief of Police shall consider the following
  (1) Within the preceding 6-month period, the occurrence of a disproportionately high number of:
    (A) Arrests for the possession or distribution of illegal drugs in the proposed drug free zone;
    (B) Police reports for dangerous crimes, as that term is defined in § 23-1331(3) , that were committed in the proposed drug free zone; or
    (C) Police reports for crimes of violence, as that term is defined in § 23-1331(4) , that were committed in the proposed drug free zone;
  (2) Any number of homicides that were committed in the proposed drug free zone;
  (3) Objective evidence or verifiable information that shows that illegal drugs are being sold and distributed on public space on public property within the proposed drug free zone; and
  (4) Any other verifiable information from which the Chief of Police may ascertain whether the health or safety of residents who live in the proposed drug free zone are endangered by the purchase, sale, or use of illegal drugs or other illegal activity.
(c) At least 24 hours prior to the designation of the drug free zone, the Chief of Police shall notify, in writing:
  (1) The Chairman and each member of the Council of the District of Columbia of the declaration of the drug free zone and the boundaries of the drug free zone;
  (2) All licensed medical or social services clinics operating in or adjacent to the drug free zone of the declaration of the drug free zone and the boundaries of the drug free zone; and
  (3) The Deputy Mayor for Health and Human Services, the Director of the Department of Behavioral Health, the Director of the Department of Health, the Director of the Department of Human Services, the Deputy Mayor for Public Safety and Justice, the Director of the Office of Neighborhood Safety and Engagement, and the Office of the Attorney General's "Cure the Streets" program of the designation of the drug free zone, the boundaries of the drug free zone, and the need for any relevant medical or social services in the surrounding area, in order to ensure that this designation does not conflict with § 48-1004(c) .
(d) The Chief of Police may not declare the same area, or an overlapping area, as a drug free zone for more than 360 consecutive hours or for more than 360 hours within a 30-day period.
D.C. Code § 48-313 — DC Code / Title 48 / Chapter 3A / § 48-313
§ 48-313. Composition and term of the Food Policy Council.
Status: in_force

(a) The Food Policy Council shall consist of 12 public members appointed by the Mayor with the advice and consent of the Council of the District of Columbia. The members shall be equally representative of established public, nonprofit, and for-profit entities and organizations involved in the local food economy or food access in the District.
(b) Public members shall serve terms of 3 years; provided that of the initial members appointed, 4 shall serve for a term of 3 years, 4 shall serve for a term of 2 years, and 4 shall serve for a term of one year. Members may be reappointed but may serve no more than 2 consecutive full terms. The Food Policy Director shall serve on the Food Policy Council as long as he or she remains the Food Policy Director.
(c) When a vacancy develops on the Food Policy Council, the Mayor shall, with the advice and consent of the Council of the District of Columbia, appoint a successor to fill the unexpired portion of the term within 90 days of the vacancy.
(d) Public members shall be evenly divided into at least 4 working groups to address prominent food policy topics. Each working group may include between 4 to 8 additional members of the public named by the public members with recognized expertise in the working group's policy area. The working groups shall make recommendations for food policy to the Food Policy Council to be included in the annual report. Topics covered by the working groups may include:
  (1) Entrepreneurship and Food Jobs;
  (2) Food Equity and Access;
  (3) Nutrition and Health;
  (4) Sustainable Supply Chain;
  (5) Urban Agriculture; and
  (6) Climate and Resiliency.
(e) Members shall elect a chairperson of the Food Policy Council. The chairperson shall name public members to working groups.
(f) The Food Policy Council shall develop its own rules of procedure.
(g) The Food Policy Council shall meet at least once every other month. The meetings shall be held in the District and be open to the public, and members of the public shall be allowed to voice questions or concerns about food policy at the meetings. A quorum to transact business shall consist of a majority of members.
(h) There shall be 10 ex officio members, including Directors of the following departments or their designees:
  (1) Department of Human Services;
  (2) Department of Health;
  (3) Department of Licensing and Consumer Protection;
  (4) Department of Parks and Recreation;
  (5) Office of the State Superintendent of Education;
  (6) Office of Planning;
  (7) District Department of Transportation;
  (8) District Department of the Environment;
  (9) Department of General Services;
  (10) Office of the Deputy Mayor for Planning and Economic Development;
  (11) District of Columbia Public Schools; and
  (12) Department of Small and Local Business Development.
(i) Ex officio members shall develop and implement policies and programs in their agencies that are consistent with the Food Policy Council's purposes. They shall attend the Food Policy Council meetings to assist in coordinating plans and policies that are beneficial to the local food economy and improving food access in the District. In addition, ex officio members shall work with the Food Policy Director and the Food Policy Council to examine existing regulations and policies that may be overly burdensome as applied to the local food economy.
(j) The public members appointed pursuant to subsection (a) of this section, the ex officio members described in subsection (h) of this section, and the Food Policy Director appointed pursuant to § 48-314(a) shall be voting members of the Food Policy Council.
D.C. Code § 48-1201 — DC Code / Title 48 / Chapter 12 / § 48-1201
§ 48-1201. Possession or transfer of one ounce or less of marijuana.
Status: in_force

(a) Notwithstanding any other District law, the possession or transfer without remuneration of marijuana weighing one ounce or less shall constitute a civil violation.
(b) A violation of subsection (a) of this section shall not constitute a criminal offense or a delinquent act as defined in § 16-2301(7) .
(c) The possession of paraphernalia associated with a violation of subsection (a) of this section shall not constitute a violation of § 48-1103 .
D.C. Code § 48-804.03 — DC Code / Title 48 / Chapter 8 / § 48-804.03
§ 48-804.03. Inspection of pricing records and practices; cease and desist orders.
Status: in_force

After reasonable notice, the Office of Consumer Protection may inspect the pricing records and practices of any pharmacy or other person, to assure compliance with this chapter. After appropriate notice and hearing, the Office may, if it finds that any person has violated this chapter, issue a cease and desist order against continued or future violation, and such other orders as may otherwise be within powers of that Office.
D.C. Code § 48-832.02 — DC Code / Title 48 / Chapter 8A / § 48-832.02
§ 48-832.02. Compliance.
Status: in_force

Compliance with the requirements of this subchapter is required in all contracts between a pharmacy benefits manager and a covered entity entered into in the District of Columbia or by a covered entity in the District of Columbia executed after May 18, 2004.
D.C. Code § 48-831.14 — DC Code / Title 48 / Chapter 8A / § 48-831.14
§ 48-831.14. Waivers.
Status: in_force

The Department may seek any waivers of federal law, rule or regulation necessary to implement the provisions of this chapter.
D.C. Code § 48-853.04 — DC Code / Title 48 / Chapter 8G / § 48-853.04
§ 48-853.04. Authority to access database.
Status: in_force

(a) A prescriber or dispenser authorized to access the information in the possession of the Program pursuant to this chapter may delegate, pursuant to regulations promulgated by the Director to implement the provisions of this section, such authority to up to 2 health care professionals who are:
  (1) Licensed, registered, or certified by a health occupations board; and
  (2) Employed at the same facility and under the direct supervision of the prescriber or dispenser.
(b) No prescriber or dispenser shall provide false or misleading information to the Department with the intent to obtain unauthorized access to, or alter the information in the possession of the Program.
(c) A violation of subsection (b) of this section shall constitute grounds for:
  (1) The revocation, suspension, or denial of a District controlled substances registration;
  (2) Disciplinary action by the relevant health occupations board pursuant to § 3-1205.14(c) ; and
  (3) The imposition of civil fines pursuant to § 2-1801.04 .
D.C. Code § 48-853.03 — DC Code / Title 48 / Chapter 8G / § 48-853.03
§ 48-853.03. Reporting requirements; exceptions.
Status: in_force

(a) (1) Each dispenser shall submit to the Program the required reporting information for each prescription dispensed for a covered substance within 24 hours after the covered substance is dispensed, unless otherwise established by the Director through rulemaking, but this does not include merely placing the covered substance prescription into a bin for pickup by the ultimate user or his or her agent.
  (2) Any dispenser located outside the boundaries of the District that is licensed or registered by the District, shall submit the required reporting information to the Program for each prescription dispensed for a covered substance to an ultimate user who resides within the District within 24 hours after the date that the covered substance is dispensed, unless otherwise established by the Director through rulemaking.
(b) The failure of any person subject to the reporting requirements of this chapter to report the dispensing of a covered substance, unless otherwise exempted under this chapter, or the willful failure to transmit accurate information shall constitute grounds for:
  (1) The revocation, suspension, or denial of a District controlled substances registration;
  (2) Disciplinary action by the relevant health occupations board pursuant to § 3-1205.14(c) ; and
  (3) The imposition of civil fines pursuant to § 2-1801.04 .
(c) Upon dispensing a covered substance, the dispenser of the covered substance shall report the following information to the Program:
  (1) Patient name;
  (2) Patient address;
  (3) Patient date of birth;
  (4) Patient gender;
  (5) Dispenser identification number;
  (6) Prescriber identification number;
  (7) Date prescription was issued by prescriber;
  (8) Date prescription was dispensed;
  (9) Prescription number;
  (10) Prescription type, whether the prescription is new or is a refill;
  (11) National Drug Code for the drug dispensed;
  (12) Quantity dispensed;
  (13) Number of days’ supply dispensed;
  (14) Number of refills ordered;
  (15) Source of payment for the prescription; and
  (16) Any other required information as specified in the regulations promulgated by the Director to implement this chapter, or as required for the Program to be eligible to receive federal funds.
(d) Each dispenser shall transmit the required reporting information in accordance with the manner, format, standards, and schedules established by the Director through rulemaking.
(e) The reporting requirements of this chapter shall not apply to the dispensing of covered substances when the dispensing is limited to the following:
  (1) Administering covered substances;
  (2) Dispensing covered substances within an appropriately licensed narcotic maintenance program;
  (3) Dispensing covered substances to inpatients in hospitals or nursing facilities licensed by the Department or facilities that are otherwise authorized by law to operate as hospitals or nursing homes in the District;
  (4) Dispensing covered substances to inpatients in hospices licensed by the Department; or
  (5) Dispensing covered substances as otherwise provided in the Department’s regulations.
D.C. Code § 48-843.04 — DC Code / Title 48 / Chapter 8D / § 48-843.04
§ 48-843.04. Applicability.
Status: in_force

This chapter shall apply upon inclusion of its fiscal effect in an approved budget and financial plan.
D.C. Code § 48-833.02 — DC Code / Title 48 / Chapter 8A / § 48-833.02
§ 48-833.02. Manner of reporting.
Status: in_force

By July 1st of each year, a manufacturer or labeler of prescription drugs that directly or indirectly distributes prescription drugs for dispensation to residents of the District shall file a report with the Department in the form and manner provided by the Department. The report shall be accompanied by payment of a fee, as set by the Department in rule, to support the work of the Department under this subchapter.
D.C. Code § 48-853.03c — DC Code / Title 48 / Chapter 8G / § 48-853.03c
§ 48-853.03c. Database Query requirement for prescribers and dispensers.
Status: in_force

(a) (1) Except as provided in subsection (c) of this section, a prescriber who is licensed, registered, or otherwise permitted to prescribe a controlled substance or other covered substance in the course of his or her professional practice in the District of Columbia, or the prescriber's authorized delegee, shall query the District of Columbia prescription drug monitoring database before initiating a new course of treatment or therapy for a patient in the District of Columbia that includes prescribing an opioid or benzodiazepine for more than 7 consecutive days, and every 90 days thereafter while the course of treatment or therapy continues.
  (2) Nothing in this subsection shall prohibit a prescriber from making additional periodic queries of the prescription drug monitoring program database as may be required by routine prescribing practices.
(b) (1) Except as provided in subsection (c) of this section, a dispenser who is licensed, registered, or otherwise permitted to dispense a controlled substance or other covered substance in the course of his or her professional practice in the District of Columbia, or the dispenser's authorized delegee, shall query the District of Columbia prescription drug monitoring database before dispensing an opioid or benzodiazepine for a course of treatment that is anticipated to last for more than 7 consecutive days, and before dispensing a refill for an opioid or benzodiazepine more than 90 days after the initial fill or previous refill date.
  (2) Nothing in this section shall prohibit a dispenser from making additional periodic queries of the prescription drug monitoring program database as may be required by routine prescribing practices.
(c) A prescriber or dispenser shall not be required to meet the provisions of subsection (a) or (b) of this section if the:
  (1) Controlled substance or other covered substance is prescribed or otherwise provided to a patient currently receiving hospice or palliative care;
  (2) Controlled substance or other covered substance is prescribed or otherwise provided to a patient during an inpatient hospital admission or at discharge;
  (3) Controlled substance or other covered substance is prescribed or otherwise provided to a patient in a nursing home or residential care facility that uses a sole source pharmacy;
  (4) Prescription drug monitoring program database is not operational or available due to a temporary technological or electrical failure or natural disaster; or
  (5) Prescriber or dispenser is unable to access the prescription drug monitoring program database due to an emergency or a disaster and documents the circumstances in the patient's medical record.
(d) Failure to comply with the provisions of this section shall constitute grounds for disciplinary action by the relevant health occupations board pursuant to § 3-1205.14(c) and the imposition of civil fines pursuant to § 2-1801.04 .
D.C. Code § 48-831.13 — DC Code / Title 48 / Chapter 8A / § 48-831.13
§ 48-831.13. Third-party administration.
Status: in_force

The Department may contract with one or more third parties to administer any or all components of AccessRx, including outreach, eligibility, claims, administration, and rebate recovery and redistribution.
D.C. Code § 48-1211 — DC Code / Title 48 / Chapter 12 / § 48-1211
§ 48-1211. Adjudication.
Status: in_force

Civil violations of § 48-1201 shall be adjudicated by the Office of Administrative Hearings in accordance with this subchapter.
D.C. Code § 48-713 — DC Code / Title 48 / Chapter 7 / § 48-713
§ 48-713. Cease and desist order; embargo.
Status: in_force

(a) If the Mayor determines that a hazardous condition exists that may endanger the health, safety, or welfare of the community, the Mayor may issue a cease and desist order to require a violator to cease operation immediately. Any person subject to a cease and desist order may appeal the cease and desist order within 7 days, excluding Saturdays, Sundays, and legal holidays, but shall be required to comply with the order pending appeal. The Mayor shall hold a hearing within 7 days of the receipt of a timely request and issue a decision within 7 days after the hearing.
(b) If the Mayor determines that a drug is adulterated or misbranded, the Mayor may order that the drug be removed from availability for distribution, sale, consumption, or use, or that the drug be destroyed or embargoed.
D.C. Code § 48-903.03 — DC Code / Title 48 / Chapter 9 / § 48-903.03
§ 48-903.03. Registration — Public interest; limitations.
Status: in_force

(a) The Mayor shall register an applicant to manufacture, distribute, or dispense controlled substances included in Schedules I, II, III, IV, and V unless the Mayor determines that the issuance of that registration would be inconsistent with the public interest. In determining the public interest, the Mayor shall consider the following factors:
  (1) Maintenance of effective controls against diversion of controlled substances into other than legitimate medical, scientific, or industrial channels;
  (2) Compliance with applicable District of Columbia law;
  (3) Any convictions of the applicant under any federal, state, or District of Columbia laws relating to any controlled substance;
  (4) Past experience in the manufacture, distribution, or dispensing of controlled substances, and the existence in the applicant’s establishment of effective controls against diversion;
  (5) Furnishing by the applicant of false or fraudulent material in any application filed under this chapter;
  (6) Suspension or revocation of the applicant’s federal registration to manufacture, distribute, or dispense controlled substances as authorized by federal law; and
  (7) Any other factors relevant to and consistent with the public health and safety.
(b) Registration under subsection (a) of this section does not entitle a registrant to:
  (1) Manufacture or distribute controlled substances in Schedule I or II other than those specified in the registration; or
  (2) Manufacture, distribute, or dispense Cannabis unless specified in the registration.
(c) Practitioners must be registered to dispense any controlled substances or to conduct research with controlled substances in Schedules II through V if they are authorized to dispense or conduct research under the provisions of § 48-903.02 . Separate registration shall be required for practitioners engaging in research with narcotic controlled substances set forth in Schedules II through V. The Mayor need not require separate registration under this subchapter for practitioners engaging in research with nonnarcotic controlled substances in Schedules II through V where the registrant is already registered under this subchapter in another capacity. Practitioners registered under federal law to conduct research with Schedule I substances may conduct research with Schedule I substances within the District of Columbia upon furnishing the Mayor evidence of that federal registration.
(d) Compliance by manufacturers and distributors with the provisions of the federal law respecting registration entitles them to be registered under this chapter.
(e) Any registration issued pursuant to this section shall be issued as a Public Health: Pharmacy and Pharmaceuticals endorsement to a basic business license under the basic business license system as set forth in subchapter I-A of Chapter 28 of Title 47 .
D.C. Code § 48-402 — DC Code / Title 48 / Chapter 4 / § 48-402
§ 48-402. Urban Farming and Gardens Program established.
Status: repealed

Repealed.
D.C. Code § 48-904.05 — DC Code / Title 48 / Chapter 9 / § 48-904.05
§ 48-904.05. Effect of acquittal or conviction under federal law.
Status: in_force

No person shall be prosecuted for a violation of any provision of this chapter if such person has been acquitted or convicted under any United States statute governing the sale or distribution of controlled substances of the same act or omission which is alleged to constitute a violation of this chapter.
D.C. Code § 48-852.06 — DC Code / Title 48 / Chapter 8F / § 48-852.06
§ 48-852.06. Collection receptacles at long-term care facilities.
Status: repealed

Repealed.
D.C. Code § 48-704 — DC Code / Title 48 / Chapter 7 / § 48-704
§ 48-704. Licensure of a drug manufacturer, distributor, or wholesaler.
Status: in_force

The Mayor shall make available a license application form that requests:
(1) The name of the applicant and the address of the place of business for which the applicant seeks a license;
(2) If the applicant is a corporation, the name and address of each officer or director of the corporation and each stockholder who owns 10% or more of any one class of stock in the corporation or who owns 10% or more of the total stock of the corporation;
(3) If the applicant is a partnership or joint venture, the name and address of each partner or joint venturer. If a partner or joint venturer is a corporation, any information required pursuant to paragraphs (2) and (9) of this section shall be provided by the partner or joint venturer;
(4) A description of the activity for which the applicant seeks a license;
(5) A list of any drugs that the applicant proposes to manufacture, distribute, or wholesale in the District;
(6) Proof of current approval by the United States Food and Drug Administration for registration of producers of drugs and medical devices pursuant to § 510 of the Federal Food, Drug and Cosmetic Act (“Food, Drug and Cosmetic Act”), approved June 25, 1938 (52 Stat. 1040; 21 U.S.C. 360);
(7) If the applicant proposes to manufacture, distribute, or wholesale a controlled substance as defined in § 102 of the Drug Abuse Prevention and Control Act, approved October 27, 1970 (84 Stat. 1242; 21 U.S.C. 802), proof of current registration with the Mayor and the United States Drug Enforcement Administration;
(8) A valid certificate of occupancy; and
(9) A certificate of good standing from the Mayor if the applicant is a corporation.
D.C. Code § 48-315 — DC Code / Title 48 / Chapter 3A / § 48-315
§ 48-315. Applicability.
Status: in_force

(a) Sections 48-311 , 48-312 and 48-313 shall apply as of March 10, 2015.
(b) Section 48-314 shall apply as of October 1, 2015.
D.C. Code § 48-831.42 — DC Code / Title 48 / Chapter 8A / § 48-831.42
§ 48-831.42. Eligibility.
Status: in_force

(a) To be eligible, an individual shall:
  (1) Be a resident of the District;
  (2) Have a household income not exceeding 300% of the federal poverty level; and
  (3) Lack prescription coverage.
(b) Eligibility shall be determined by the contract organization administering the program.
(c) Eligibility for District Medicaid, DC Healthcare Alliance, and other public programs shall be screened at the time an individual seeks to enroll in the program, and appropriate referrals shall be made to the Income Maintenance Administration in the Department of Human Services.
D.C. Code § 48-801.06 — DC Code / Title 48 / Chapter 8 / § 48-801.06
§ 48-801.06. Consumer information to reflect actual charges.
Status: in_force

A pharmacy may charge any current selling price, discount, service availability or service charge, at any time; provided, that the poster and sources of consumer information are adjusted accordingly.
D.C. Code § 48-842.02 — DC Code / Title 48 / Chapter 8C / § 48-842.02
§ 48-842.02. Definitions.
Status: in_force

For the purposes of this chapter, the term:
(1) “Medication advisory committee” means any committee or panel that is responsible for making recommendations or decisions regarding a formulary to be used by a health program administered by the government of the District of Columbia.
(2) “Pharmaceutical company” means any entity that is engaged in, either directly or indirectly, the production, preparation, propagation, compounding, manufacturing, conversion or processing of a drug or biological product, including any person acting as its agent or representative.
D.C. Code § 48-709 — DC Code / Title 48 / Chapter 7 / § 48-709
§ 48-709. Summary action.
Status: in_force

(a) If the Mayor determines that the conduct of a licensee presents an imminent danger to the health and safety of the residents of the District, the Mayor may suspend or revoke the license, or convert the license to a conditional license of the drug manufacturer, distributor, or wholesaler prior to a hearing.
(b) At the time of the suspension, revocation, or restriction of a license, the Mayor shall provide the licensee with written notice that states the action being taken, the basis for the action, and the right of the licensee to request a hearing.
(c) A licensee shall have the right to request a hearing within 3 days of service of notice of the suspension, revocation, or restriction of the license. The Mayor shall hold a hearing within 3 days of receipt of a timely request and shall issue a decision within 3 days of the hearing.
(d) The Mayor shall inform the licensee of the decision in writing and provide findings of fact and conclusions of law. The findings shall be supported by reliable, probative, and substantial evidence. The Mayor shall provide a copy of the decision to each party to a case or to his or her attorney of record.
(e) Any person aggrieved by a decision pursuant to this section may file an appeal with the Mayor within 10 days of the decision.
D.C. Code § 48-855.03 — DC Code / Title 48 / Chapter 8H / § 48-855.03
§ 48-855.03. Applicability.
Status: in_force

This chapter shall apply to a health benefit plan effective, or renewed, on or after January 1, 2018; except, that § 48-855.02a shall apply on January 1, 2022[].
D.C. Code § 48-902.14 — DC Code / Title 48 / Chapter 9 / § 48-902.14
§ 48-902.14. Treatment of controlled substance analogues.
Status: in_force

(a) A controlled substances analogue shall, to the extent intended for human consumption, be treated for the purposes of any District of Columbia law as a controlled substance in Schedule I.
(b) Except as provided in subsection (c) of this section, the term “controlled analogue” means:
  (1) a substance with a chemical structure that is substantially similar to the chemical structure of a controlled substance in Schedule I or II;
  (2) A substance that has a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central system of a controlled substance in Schedule I or II; or
  (3) A substance that, with respect to a particular person, is represented to have or is intended to have a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to, or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of  a controlled substance in Schedule I or II.
(c) Such term does not include:
  (1) A controlled substance;
  (2) Any substance for which there is an approved new drug application;
  (3) With respect to a particular person any substance, if an exemption is in effect for investigational use, for that person, under § 505 of the Federal Food, Drug, and Cosmetic Act, approved June 25, 1938 (52 Stat. 1052, 21 U.S.C. § 355) to the extent conduct with respect to such substance is pursuant to such exemption; or
  (4) Any substance to the extent not intended for human consumption before such an exemption takes effect with respect to that substance.
D.C. Code § 48-832.01 — DC Code / Title 48 / Chapter 8A / § 48-832.01
§ 48-832.01. Fiduciary duty.
Status: in_force

(a) A pharmacy benefits manager owes a fiduciary duty to a covered entity and shall discharge that duty in accordance with all applicable laws. In performance of that duty, a pharmacy benefits manager shall adhere to the practices set forth in this section.
(b) (1) A pharmacy benefits manager shall:
    (A) Perform its duties with care, skill, prudence, and diligence and in accordance with the standards of conduct applicable to a fiduciary in an enterprise of a like character and with like aims; and
    (B) Repealed.
    (C) Notify the covered entity in writing of any activity, policy or practice of the pharmacy benefits manager that directly or indirectly presents any conflict of interest with the duties imposed by this subchapter; and
  (2) A pharmacy benefits manager that receives from any drug manufacturer or labeler any payment or benefit of any kind in connection with the utilization of prescription drugs by covered individuals, including payments or benefits based on volume of sales or market share, shall pass that payment or benefit on in full to the covered entity. This provision does not prohibit the covered entity from agreeing by contract to compensate the pharmacy benefits manager by returning a portion of the benefit or payment to the pharmacy benefits manager.
(c) (1) Upon request by a covered entity, a pharmacy benefits manager retained by that covered entity shall:
    (A) Provide information showing the quantity of drugs purchased by the covered entity and the net cost to the covered entity for the drugs. This information shall include all rebates, discounts, and other similar payments. If requested by the covered entity, the pharmacy benefits manager shall provide such quantity and net cost information on a drug-by-drug basis by National Drug Code registration number rather than on an aggregated basis; and
    (B) Disclose to the covered entity all financial terms and arrangements for remuneration of any kind that apply between the pharmacy benefits manager and any prescription drug manufacturer or labeler, including, without limitation, formulary management and drug-substitution programs, educational support, claims processing, and data sales fees.
  (2) A pharmacy benefits manager providing information to a covered entity under this section may designate that information as confidential. Information designated as confidential may not be disclosed by the covered entity to any other person or entity without the consent of the pharmacy benefits manager, unless ordered by a court of the District for good cause shown.
(d) The following provisions apply to the dispensation of a substitute prescription drug for a prescribed drug to a covered individual:
  (1) Repealed.
  (2) If the substitute drug costs more than the prescribed drug, the pharmacy benefits manager shall disclose to the covered entity the cost of both drugs and any benefit or payment directly or indirectly accruing to the pharmacy benefits manager as a result of the substitution.
  (3) The pharmacy benefits manager shall transfer in full to the covered entity any benefit or payment received in any form by the pharmacy benefits manager as a result of a prescription drug substitution under paragraph (2) of this subsection.
D.C. Code § 48-905.04 — DC Code / Title 48 / Chapter 9 / § 48-905.04
§ 48-905.04. Educational programs; research purposes.
Status: in_force

(a) The Mayor shall establish and operate an educational program consisting of films, lectures, panel discussions, or whatever other educational device the Mayor deems necessary and appropriate to enlighten persons on the habitual use of controlled substances in general and to instill in persons participating in such a program a respect for the law and legal institutions.
(b) The Mayor shall cooperate with the Board of Education in preparing similar programs for school children with the purpose of preventing their abuse of controlled substances.
(c) The Mayor shall prepare and operate similar and appropriate programs for children found to be delinquent for violation of the provisions of this chapter.
(d) The Mayor may authorize the possession and distribution of controlled substances by persons engaged in research. Possession and distribution of controlled substances by such persons, in the course of their research and to the extent of the authorization, does not violate the provisions of this chapter.
D.C. Code § 48-710 — DC Code / Title 48 / Chapter 7 / § 48-710
§ 48-710. Suspension, denial, or revocation.
Status: in_force

(a) The Mayor may deny, suspend, or revoke a license, or convert the license to a conditional license, if the Mayor determines that:
  (1) The person has violated a provision of this chapter, the rules issued pursuant to this chapter, or any other applicable federal or District law; or
  (2) The person fraudulently or deceptively obtained or attempted to obtain a license in violation of this chapter, the rules issued pursuant to this chapter, or any other applicable federal or District law.
(b) The Mayor shall revoke any license issued pursuant to this chapter upon conviction of the licensee for a criminal violation of this chapter, the rules issued pursuant to this chapter, or any applicable federal law.
D.C. Code § 48-606 — DC Code / Title 48 / Chapter 6 / § 48-606
§ 48-606. Pasteurization requirement.
Status: repealed

Repealed.
D.C. Code § 48-902.13 — DC Code / Title 48 / Chapter 9 / § 48-902.13
§ 48-902.13. Revising and republishing of schedules.
Status: in_force

The Mayor shall revise and republish the schedules semiannually for 2 years from August 5, 1981, and thereafter annually. The published schedules may include the brand or trade names of the substances controlled.
D.C. Code § 48-844.02 — DC Code / Title 48 / Chapter 8E / § 48-844.02
§ 48-844.02. Definitions.
Status: in_force

For the purposes of this chapter, the term:
(1) “Pharmaceutical product” shall have the same meaning as provided in § 3-1201.02(10A)(B)(iii) .
(2) “Practice of pharmaceutical detailing” shall have the same meaning as provided in § 3-1201.02(10A) [ § 3-1201.02(10A)(A) ].
D.C. Code § 48-903.01 — DC Code / Title 48 / Chapter 9 / § 48-903.01
§ 48-903.01. Rules and regulations; fees.
Status: in_force

The Mayor may issue rules and regulations and may charge reasonable fees relating to the registration and control of the manufacture, distribution, and dispensing of controlled substances within the District of Columbia.
D.C. Code § 48-1103 — DC Code / Title 48 / Chapter 11 / § 48-1103
§ 48-1103. Prohibited acts.
Status: in_force

(a) (1) Except as authorized by Chapter 16B of Title 7 [ § 7-1671.01 et seq.], it is unlawful for any person to use, or to possess with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inhale, ingest, or otherwise introduce into the human body a controlled substance; except that it shall be lawful for any person 21 years of age or older to use, or possess with intent to use, drug paraphernalia to possess or use marijuana if such possession or use is lawful under § 48-904.01(a) , or to use, or possess with intent to u se, drug paraphernalia to grow, possess, harvest, or process cannabis plants, the growth, possession, harvesting or processing of which is lawful under § 48-904.01(a) .
  (1A) Notwithstanding paragraph (1) of this subsection, it shall not be unlawful for a person to use, or possess with the intent to use, drug paraphernalia for the personal use of a controlled substance.
  (2) Whoever violates this subsection shall be imprisoned for not more than 30 days or fined not more than the amount set forth in § 22-3571.01 , or both.
(b) (1) Except as authorized by Chapter 16B of Title 7 [ § 7-1671.01 et seq.], it is unlawful for any person to deliver or sell, possess with intent to deliver or sell, or manufacture with intent to deliver or sell drug paraphernalia, knowingly, or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance; except that it shall be lawful for any person to deliver or sell, possess with intent to deliver or sell, or manufacture with intent to deliver or sell, drug paraphernalia under circumstances in which one knows or has reason to know that such drug paraphernalia will be used solely for use of marijuana that is lawful under § 48-904.01(a) , or that such drug paraphernalia will be used solely for growing, possession, harvesting, or processing of cannabis plants that is lawful under § 48-904.01(a) .
  (1A) Notwithstanding paragraph (1) of this subsection, it shall not be unlawful for a community-based organization, as that term is defined in § 7-404(a)(1) , to deliver or sell, or possess with intent to deliver or sell, drug paraphernalia for the personal use of a controlled substance.
  (1B) Notwithstanding paragraph (1) of this subsection, it shall not be unlawful for District government employees, contractors, and grantees, acting within the scope of their employment, contract, or grant, to deliver, or possess with intent to deliver, drug paraphernalia for the personal use of a controlled substance.
  (2) Whoever violates this subsection shall be imprisoned for not more than 6 months or fined not more than the amount set forth in § 22-3571.01 , or both, unless the violation occurs after the person has been convicted in the District of Columbia of a violation of this subchapter, in which case the person shall be imprisoned for not more than 2 years, or fined not more than the amount set forth in § 22-3571.01 , or both.
(c) Any person 18 years of age or over who violates subsection (b) of this section by delivering drug paraphernalia to a person under 18 years of age who is at least 3 years his or her junior is guilty of a special offense and upon conviction may be imprisoned for not more than 8 years, fined not more than the amount set forth in § 22-3571.01 , or both.
(d) Where the violation of the section involves the selling of drug paraphernalia by a commercial retail or wholesale establishment, the court shall revoke the license of any licensee convicted of a violation of this section and the certificate of occupancy for the premises.
(e) (1) Except as provided in paragraphs (2), (3), and (3A) of this subsection, it is unlawful to sell the following products in the District of Columbia:
    (A) Cocaine free base kits;
    (B) Glass or ceramic tubes less than 6 inches in length and 1 inch in diameter sold or possessed with or without any screen-like device;
    (C) Cigarette rolling papers; and
    (D) Cigar wrappers, including blunt wraps.
  (2) A commercial retail or wholesale establishment may sell cigarette rolling papers if the establishment:
    (A) Derives at least 25% of its total annual revenue from the sale of tobacco products; and
    (B) Sells loose tobacco intended to be rolled into cigarettes or cigars.
  (3) A wholesaler may sell cigarette rolling papers to retail establishments described in paragraph (2) of this subsection.
  (3A) A cultivation center or dispensary may sell cigarette rolling papers in accordance with Chapter 16B of Title 7 [ § 7-1671.01 et seq.].
  (4) A person who violates this subsection shall be imprisoned for not more than 180 days or fined not more than the amount set forth in § 22-3571.01 , or both, unless the violation occurs after the person has been convicted in the District of Columbia of a violation of this subchapter, in which case the person shall be imprisoned for not more than 2 years, or fined not more than the amount set forth in § 22-3571.01 , or both.
D.C. Code § 48-852.03 — DC Code / Title 48 / Chapter 8F / § 48-852.03
§ 48-852.03. Collection by law enforcement.
Status: repealed

Repealed.
D.C. Code § 48-707 — DC Code / Title 48 / Chapter 7 / § 48-707
§ 48-707. Registration of an out-of-state drug manufacturer, distributor, repackager, or wholesaler.
Status: in_force

(a) An out-of-state drug manufacturer, distributor, or wholesaler who conducts distribution activities within the District shall register with the Mayor on a form prescribed by the Mayor, renew the registration as required by rule, and pay the required registration fee.
(b) A person registered to conduct distribution activities within the District shall be licensed or registered and in good standing under federal law and the laws of the state in which the person is incorporated or has a principal place of business.
(c) The Mayor may withdraw a registration for failure to maintain a license or registration in good standing under state or federal law.
D.C. Code § 48-903.05 — DC Code / Title 48 / Chapter 9 / § 48-903.05
§ 48-903.05. Registration — Procedural rights involving suspension or revocation.
Status: in_force

(a) If it appears to the Mayor that an application for registration should be denied or that an existing registration should be suspended or revoked, the Mayor shall notify the applicant or registrant of the proposed denial, suspension, or revocation, briefly stating the reasons therefor. In the case of a denial of renewal of registration, notice shall be served not later than 30 days before the expiration of the registration. Service may be made by delivering a copy of the notice to the applicant or registrant personally, or by leaving a copy thereof at the place of residence identified on the application or registration with some person of suitable age and discretion then residing therein, or by mailing a copy of the notice by certified mail to the residence address identified on the application or certificate, in which case service shall be complete as of the date the return receipt was signed. In the case of an organization, service may be made upon the president, chief executive, or other officer, managing agent, or person authorized by appointment or law to receive such notice as described in the preceding sentence at the business address of the organization identified in the application or registration certificate. The person serving the notice shall make proof thereof with the Mayor in a manner prescribed by the Mayor. In the case of service by certified mail, the signed return receipt shall be filed with the Mayor together with a signed statement showing the date such notice was mailed and if the return receipt does not purport to be signed by the person named in the notice, then specific facts from which the Mayor can determine that the person who signed the receipt meets the appropriate qualifications for receipt of such notice set out in this subsection. The applicant or registrant shall have 30 days from the date the notice was served in which to request a hearing before the Mayor to contest the proposed action to be taken by the Mayor; provided, that if the applicant or registrant does not request a hearing within 30 days after the serving of the notice of the proposed action, the applicant or registrant shall be deemed to have conceded the validity of the reason or reasons stated in the notice, and the denial, suspension, or revocation shall become final. Within 30 days of the date upon which any contest is noted, the Mayor shall convene a hearing. Within 10 days of the close of the hearing, the Mayor shall notify the applicant or registrant of the decision in the case. All proceedings, including the right to judicial review of the Mayor’s decision, shall be in accordance with the District of Columbia Administrative Procedure Act. Where the application for renewal of registration has been timely filed, proceedings to refuse renewal of registration shall not abate the existing registration, which shall remain in effect pending the outcome of the administrative hearing. With regard to summary suspension of any registrant or the denial of renewal to any registration pursuant to subsection (b) of this section, a hearing shall be convened within 5 days of the institution of proceedings in this section; except, that a registrant who has been summarily suspended or denied a renewal under this section shall be entitled upon request to a postponement of such hearing.
(b) (1) The Mayor may suspend, without prior notice and hearing, any registration simultaneously with the institution of proceedings under § 48-903.04 , or where renewal of registration is refused, if the Mayor finds that there is an imminent danger to the public health or safety which warrants this action, including, but not limited to, the danger that would be created by the outbreak of a serious fire on the business premises of a registrant on which controlled substances are stored, resulting in heat in excess of 110 degrees fahrenheit; grossly inadequate security measures; or while proceedings under § 48-903.04 are pending, continued and flagrant violations of the same sort which led to the institution of the pending proceedings.
  (2) The suspension shall continue in effect until the conclusion of the proceedings, including judicial review thereof, unless sooner withdrawn by the Mayor or dissolved by a court of competent jurisdiction.
D.C. Code § 48-1202 — DC Code / Title 48 / Chapter 12 / § 48-1202
§ 48-1202. Identification of offenders.
Status: in_force

(a) A person who is stopped by a police officer for violating § 48-1201 shall, upon request, inform the officer of his or her name and address for the purpose of including that information on a notice of violation; provided, that no person shall be required to possess or display any documentary proof of his or her name or address in order to comply with the requirements of this section.
(b) A person who refuses to provide his or her name and address, or who knowingly provides an incorrect name or address, to a police officer in violation of subsection (a) of this section shall, upon conviction, be fined $100.
D.C. Code § 48-852.07 — DC Code / Title 48 / Chapter 8F / § 48-852.07
§ 48-852.07. Applicability.
Status: repealed

Repealed.
D.C. Code § 48-841.03 — DC Code / Title 48 / Chapter 8B / § 48-841.03
§ 48-841.03. Off-label use of medication.
Status: in_force

Before prescribing, administering, or furnishing a prescription medication for an off-label use, a prescriber shall make every reasonable effort to:
(1) Explain to the patient, in easily understood terms, that the medication is not within the uses approved for that medication by the FDA; and
(2) Provide the patient with information regarding the potential risks and side effects associated with using the medication for the off-label use.
D.C. Code § 48-842.03 — DC Code / Title 48 / Chapter 8C / § 48-842.03
§ 48-842.03. Prohibition on gifts and remuneration.
Status: in_force

(a) A pharmaceutical company shall not offer a gift or remuneration of any kind to a member of a medication advisory committee.
(b) A member of a medication advisory committee shall not accept a gift or remuneration of any kind from a pharmaceutical company.
(c) Nothing in this section shall prohibit the offering or acceptance of medication samples to members of a medication advisory committee who are licensed physicians engaged in the practice of medicine.
D.C. Code § 48-841.01 — DC Code / Title 48 / Chapter 8B / § 48-841.01
§ 48-841.01. Short title.
Status: in_force

This chapter may be cited as the “Off-Label Informed Consent Act of 2008”.
D.C. Code § 48-705 — DC Code / Title 48 / Chapter 7 / § 48-705
§ 48-705. Renewal of license.
Status: in_force

Prior to the expiration of a license, the Mayor shall mail a renewal notice to the licensee that includes:
(1) The expiration date of the current license;
(2) The date by which the renewal application must be received by the Mayor in order for the renewal license to be issued and mailed to the licensee before the licensee’s current license expires;
(3) The amount of the renewal fee; and
(4) Any other information the Mayor deems appropriate or necessary to renew the license.
D.C. Code § 48-1004 — DC Code / Title 48 / Chapter 10 / § 48-1004
§ 48-1004. Prohibition.
Status: in_force

(a) It shall be unlawful for a person to congregate in a group of 2 or more within the perimeter of a drug free zone established pursuant to § 48-1002 for the purpose of committing an offense under subchapter IV of Chapter 9 of this title , and to fail to disperse after being instructed to disperse by a uniformed officer of the Police Department who reasonably believes the person is congregating for the purpose of committing an offense under subchapter IV of Chapter 9 of this title .
(b) In making a determination that a person is congregating in a drug free zone for the purpose of committing an offense under subchapter IV of Chapter 9 of this title , the totality of the circumstances involved shall be considered. Among the circumstances which may be considered in determining whether such purpose is manifested are:
  (1) The conduct of a person being observed, including that such person is behaving in a manner raising a reasonable belief that the person is engaging or is about to engage in illegal drug activity, such as the observable distribution of small packages to other persons, the receipt of currency for the exchange of a small package, operating as a lookout, warning others of the arrival of police, concealing himself or herself or any object which reasonably may be connected to unlawful drug-related activity, or engaging in any other conduct normally associated by law enforcement agencies with the illegal distribution or possession of drugs;
  (2) Information from a reliable source indicating that a person being observed routinely distributes illegal drugs within the drug free zone;
  (3) Information from a reliable source indicating that the person being observed is currently engaging in illegal drug-related activity within the drug free zone;
  (4) Such person is physically identified by the officer as a member of a gang or association which engages in illegal drug activity;
  (5) Such person is a known unlawful drug user, possessor, or seller;
  (6) Such person has no other apparent lawful reason for congregating in the drug free zone, such as waiting for a bus, being near one's own residence, or waiting to receive medical or social services;
  (7) Any vehicle involved in the observed circumstances is registered to a known unlawful drug user, possessor, or seller, or a person for whom there is an outstanding arrest warrant for a crime involving drug related activity.
(c) The prohibition under this section shall not be applied with the primary purpose of depriving persons of social or medical services.
(d) The Chief of Police shall issue a General Order establishing protocols to ensure that persons seeking or receiving medical or social services near or in a drug free zone are not prevented, discouraged, or otherwise deterred from seeking such services.
D.C. Code § 48-851.01 — DC Code / Title 48 / Chapter 8F / § 48-851.01
§ 48-851.01. Definitions.
Status: in_force

For the purposes of this chapter, the term:
(a) (1) “Health care facility” means a hospital, assisted living facility, nursing home, or institutional pharmacy.
  (2) “Institutional pharmacy” means that physical portion of a health care facility where drugs, devices, and other materials used in the diagnosis or treatment of injury, illness, and disease are dispensed, compounded, or distributed and pharmaceutical care is provided.
  (3) “Pharmaceutical product” means a drug or biologic for human use regulated by the federal Food and Drug Administration.
  (4) “Retail pharmacy” means a pharmacy that provides services to the public on an outpatient basis.
D.C. Code § 48-905.07 — DC Code / Title 48 / Chapter 9 / § 48-905.07
§ 48-905.07. Mayoral subpoenas.
Status: in_force

(a) In any investigation relating to the Mayor’s functions under this subchapter with respect to controlled substances, the Mayor may subpoena witnesses, compel the attendance and testimony of witnesses, and require the production of any records (including books, papers, documents, and other tangible things which constitute or contain evidence) which the Mayor finds relevant or material to the investigation. The attendance of witnesses and the production of records may be required from any place in the District of Columbia. Witnesses summoned under this section shall be paid the same fees and mileage that are paid witnesses in the Superior Court of the District of Columbia.
(b) A subpoena issued under this section may be served by any person designated in the subpoena to serve it. Service upon a natural person may be made by personal delivery of the subpoena to that person. Service may be made upon a domestic or foreign corporation or upon a partnership or other unincorporated association which is subject to suit under a common name, by delivering the subpoena to an officer, to a managing or general agent, or to any other agent authorized by appointment or by law to receive service of process. The affidavit of the person serving the subpoena entered on a true copy thereof by the person serving it shall be proof of service.
(c) In the case of contumacy by or refusal to obey a subpoena issued to any person, the Mayor may invoke the aid of any District of Columbia court within the jurisdiction of which the investigation is carried on or of which the subpoenaed person is an inhabitant, or in which the subpoenaed person carries on business or may be found, to compel compliance with the subpoena. The court may issue an order requiring the subpoenaed person to appear before the Mayor to produce records, if so ordered, or to give testimony touching the matter under investigation. Any failure to obey the order of the court may be punished by the court as a contempt thereof.
D.C. Code § 48-831.02 — DC Code / Title 48 / Chapter 8A / § 48-831.02
§ 48-831.02. Definitions.
Status: in_force

For the purposes of this chapter, the term:
(1) “AccessRx” means the District of Columbia AccessRx program established by § 48-831.03 .
(2) “Average wholesale price” means the wholesale price charged for a specific commodity that is assigned by the drug wholesaler and is listed in a nationally recognized drug pricing registry that is updated daily and charged to the retail pharmacy.
(3) “Basic component of AccessRx” includes the provision of drugs and medications for cardiac conditions and high blood pressure, diabetes, arthritis, anticoagulation, hyperlipidemia, osteoporosis, chronic obstructive pulmonary disease and asthma, incontinence, thyroid diseases, glaucoma, Parkinson’s disease, multiple sclerosis, amyotrophic lateral sclerosis, and other conditions approved by the Department. The term “basic component of AccessRx” shall also include the provision of over-the-counter medications that are prescribed by a health care provider and approved as cost-effective by the Department.
(4) (A) “Covered entity” means:
    (i) Any hospital or medical service organization, insurer, health coverage plan, or health maintenance organization licensed in the District that contracts with another entity to provide prescription drug benefits for its customers or clients;
    (ii) Any health program administered by the Department or the District in its capacity as provider of health coverage; or
    (iii) Any employer, labor union, or other group of persons organized in the District that contracts with another entity to provide prescription drug benefits for its employees or members who are employed or reside in the District of Columbia.
  (B) The term “covered entity” does not include a health plan that provides coverage only for accidental injury, specified disease, hospital indemnity, Medicare supplement, disability income, long-term care, or other limited benefit health insurance policies and contracts.
(5) “Covered individual” means a member, participant, enrollee, contract holder, policy holder, or beneficiary of a covered entity who is provided a prescription drug benefit by the covered entity. The term “covered individual” includes a dependent or other person provided a prescription drug benefit through a policy, contract, or plan for a covered individual.
(6) “Department” means the Department of Health.
(7) “Director” means the Director of the Department of Health.
(8) “District” means the District of Columbia.
(9) “Generic drug” means a chemically equivalent copy of a brand-name drug with an expired patent.
(10) “Initial discounted price” for a drug means the price the Department pays D.C. Medicaid participating retail pharmacies for that drug for District of Columbia Medicaid recipients.
(11) “Labeler” means an entity or person that receives prescription drugs from a manufacturer or wholesaler and repackages those drugs for later retail sale and that has a labeler code from the federal Food and Drug Administration under 21 C.F.R. § 207.20.
(12) “Manufacturer” means a manufacturer of prescription drugs and includes a subsidiary or affiliate of a manufacturer.
(13) “Marketing” means advertising and promotional activities, including, but not limited to, the activities described in § 48-833.03 .
(14) “National Drug Code registration number” means the number registered for a drug pursuant to the listing system established by the United States Food and Drug Administration under section 510 of the Federal Food, Drug, and Cosmetic Act, approved October 10, 1962 (76 Stat. 794; 21 U.S.C. § 360).
(15) “Participating retail pharmacy” or “retail pharmacy” means a retail pharmacy located in the District, or another business licensed to dispense prescription drugs in the District, that participates in the program.
(16) “Pharmacy benefits management” means a service provided to covered entities to facilitate the provision of prescription drug benefits to covered individuals for dispensation within the District of Columbia, including negotiating pricing and other terms with drug manufacturers and retails pharmacies. “Pharmacy benefits management” may include any or all of the following:
  (A) Claims processing, retail network management, and payment of claims to pharmacies for prescription drugs dispensed to covered individuals for dispensation within the District of Columbia;
  (B) Clinical formulary development and management services;
  (C) Rebate contracting and administration;
  (D) Certain patient compliance, therapeutic intervention, and generic substitution programs; and
  (E) Disease management programs.
(17) “Pharmacy benefits manager” means an entity that performs pharmacy benefits management. The term “pharmacy benefits manager” includes a person or entity acting for a pharmacy benefits manager in a contractual or employment relationship in the performance of pharmacy benefits management for a covered entity.
(18) “Qualified resident” means a resident of the District who is eligible for the AccessRx program pursuant to this subchapter.
(19) “Secondary discounted price” means the initial discounted price minus any further discounts paid for out of the AccessRx Fund.
(20) “Supplemental component of AccessRx” includes all prescription drugs and medications provided under the D.C. Medicaid program excluding those provided pursuant to the basic component of AccessRx.
D.C. Code § 48-703 — DC Code / Title 48 / Chapter 7 / § 48-703
§ 48-703. License requirements.
Status: in_force

(a) To obtain a license to manufacture, distribute, or wholesale any drug, any person who has a principal place of business in the District shall submit a completed application form with the required application fee to the Mayor and comply with the requirements of this chapter and the rules issued pursuant to this chapter.
(b) If a person manufactures, distributes, or wholesales any drug at more than one place of business in the District, the person shall apply for a separate license for each place of business.
(c) If a licensee manufactures, distributes, or wholesales a drug not listed on the application, the licensee shall notify the Mayor prior to the commencement of the activity.
(d) If a licensee ceases to manufacture, distribute, or wholesale any drug listed in the application, the licensee shall notify the Mayor of the change no later than 7 days after ceasing the activity.
(e) Each licensee shall maintain records as required by the Mayor, including but not limited to the quantities of each drug manufactured, distributed, or wholesaled daily and the name, address, purchaser, place of delivery, and quantity of any drug sold, transferred, or distributed by a licensee.
(f) Any license issued pursuant to this section shall be issued as a Public Health: Pharmacy and Pharmaceuticals endorsement to a basic business license under the basic business license system as set forth in subchapter I-A of Chapter 28 of Title 47 .
D.C. Code § 48-103 — DC Code / Title 48 / Chapter 1 / § 48-103
§ 48-103. Definitions — “Adulterated article” defined.
Status: in_force

An article shall be deemed to be adulterated within the meaning of this chapter:
(1) In the case of drugs: (A) if, when sold under or by a name recognized in the United States Pharmacopoeia, it differs from the standard of strength, quality, or purity laid down in the edition thereof at the time official; (B) if, when sold under or by a name not recognized in the United States Pharmacopoeia, but which is found in the German, French, or English Pharmacopoeia, it differs from the strength, quality, or purity laid down therein; (C) if, when sold as a patented medicine, compounded drug, or mixture, it is not composed of all of the ingredients advertised or printed or written on the bottles, wrappers, or labels of or on or with the patented medicine, compounded drug, or mixture; provided, that if the defendant in any prosecution under this chapter, in respect to the sale of any such patented medicine, compounded drug, or mixture, shall prove to the satisfaction of the court that he had purchased the article in question as the same in nature, substance, and quality as that demanded of him by the purchaser, and with a written warranty to that effect, that he had no reason to believe at the time when he sold it that the article was otherwise, and that he sold it in the same state as when he purchased it, he shall be discharged from the prosecution; provided, further, that an offense shall not be deemed to be committed under this section in the following cases:
  (A) Where the order calls for an drug inferior to such standard, or where such difference is made known by being plainly written or printed on the package;
  (B) Where the drug is mixed with any matter or ingredient not injurious to health and not intended fraudulently to increase its bulk, weight, or measure or conceal its inferior quality, if at the time such drug is delivered to the purchaser it is made known to him that such drug is so mixed;
(2) In the case of food, if:
  (A) It bears or contains any poisonous or deleterious substance which may render it injurious to health; except that, if the poisonous or deleterious substance is not an added substance and the quantity of the poisonous or deleterious substance in the food does not ordinarily render it injurious to health, the food is not adulterated for the purpose of this chapter;
  (B) It bears or contains any added poisonous or added deleterious substance (other than a substance that is a pesticide chemical residue in or on a raw agricultural commodity or processed food, a food additive, a color additive, or a new animal drug) that is unsafe within the meaning of section 406 of the Federal Food, Drug, and Cosmetic Act, approved June 25, 1938 (52 Stat. 1049; 21 U.S.C. § 346);
  (C) It bears or contains a pesticide chemical residue that is unsafe within the meaning of section 408 of the Federal Food, Drug, and Cosmetic Act;
  (D) It bears or contains any food additive that is unsafe within the meaning of section 409 of the Federal Food, Drug and Cosmetic Act, or a new animal drug (or conversion product thereof) that is unsafe within the meaning of section 512 of the Federal Food, Drug, and Cosmetic Act;
  (E) It consists, in whole or in part, of any filthy, putrid, or decomposed substance, or is otherwise unfit for food;
  (F) It has been prepared, packed, or held under insanitary conditions whereby it may have become contaminated with filth, or whereby it may have been rendered injurious to health;
  (G) It, in whole or in part, is the product of a diseased animal or of an animal which has died otherwise than by slaughter;
  (H) It is in a container that is composed, in whole or in part, of any poisonous or deleterious substance, which may render the contents injurious to health;
  (I) It intentionally has been subjected to radiation, unless the radiation was used in conformity with a rule or exemption in effect pursuant to section 409 of the Federal Food, Drug, and Cosmetic Act;
  (J) Any valuable constituent has been omitted or abstracted, in whole or in part;
  (K) Any substance has been substituted, in whole or in part;
  (L) Damage or inferiority has been concealed in any manner;
  (M) Any substance has been added, mixed, or packed to increase the food’s bulk or weight, reduce the food’s quality or strength, or make the food appear better or of greater value;
  (N) It is, bears, or contains a color additive that is unsafe within the meaning of section 721 of the Federal Food, Drug, and Cosmetic Act;
  (O) It is a confectionery:
    (i) Within which any nonnutritive object is partially or completely imbedded, except that the confectionery shall not be adulterated for purposes of this chapter if the Secretary of the US Department of Health and Human Services determines, by rule, that the nonnutritive object that is partially or completely imbedded in the confectionery has a practical, functional value to the confectionery that does not render the confectionery injurious or hazardous to health;
    (ii) That bears or contains more than 0.5% of alcohol by volume, which is derived solely from flavoring extracts, except that the confectionery shall not be adulterated for purposes of this chapter if the confectionery is introduced, delivered for introduction, received, or held for sale;
    (iii) That bears or contains any nonnutritive substance, except that the confectionery shall not be adulterated for purposes of this chapter if the nonnutritive substance is a safe substance that is in or on a confectionery product because the nonnutritive substance serves a practical, functional purpose in the manufacture, packaging, or storage of the confectionery product and use of the nonnutritive substance does not promote deception of the consumer or violate any other provision of this chapter;
  (P) It is oleomargarine, margarine, butter, or any of the raw material in oleomargarine, margarine, or butter, which contains or consists, in whole or in part, of any filthy, putrid, or decomposed substance, or if the oleomargarine, margarine, or butter is otherwise unfit for food; or
  (Q) It is a dietary supplement or contains a dietary ingredient:
    (i) That presents a significant or unreasonable risk of illness or injury under conditions of use recommended or suggested in labeling or, if no conditions of use are suggested or recommended in the labeling, under ordinary conditions of use;
    (ii) That is a new dietary ingredient for which there is inadequate information to provide reasonable assurance that the ingredient does not present a significant or unreasonable risk of illness or injury;
    (iii) That is or contains a dietary ingredient that renders the food adulterated under paragraph (1) of this subsection under the conditions of use recommended or suggested in the labeling of the dietary supplement; or
    (iv) That has been prepared, packed, or held under conditions that do not comply with current, good manufacturing practice rules, including rules that require expiration date labeling.
D.C. Code § 48-411 — DC Code / Title 48 / Chapter 4 / § 48-411
§ 48-411. Local food economy study.
Status: in_force

The Office of Planning shall conduct a study of the state of the local food economy. The focus of the study shall include:
(1) Obstacles and opportunities for new and existing businesses;
(2) Opportunities for job growth and workforce development;
(3) Geographic areas in the District that have a well-developed food economy;
(4) Geographic areas in the District that have a poorly developed food economy; and
(5) Opportunities for government investments to improve the local food economy.
D.C. Code § 48-701 — DC Code / Title 48 / Chapter 7 / § 48-701
§ 48-701. Definitions.
Status: in_force

For the purposes of this chapter, the term:
(1) “Distribute” means:
  (A) To sell any drug for resale;
  (B) To act as a broker, agent, distributor, jobber, or wholesaler of any drug; or
  (C) To otherwise negotiate a sale for the resale of any drug.
(2) “Drug” means any substance as defined under § 47-2885.02 .
(3) “Manufacture” means:
  (A) (i) To prepare, produce, propagate, compound, convert, process, or package a drug, either directly or indirectly, by extraction from a substance of natural origin, or independently by means of chemical synthesis;
    (ii) Any packaging or repackaging of the substance or drug; or
    (iii) Labeling or relabeling of any drug package or container to further distribution from the original place of manufacture to the person who makes final delivery, distribution, or sale to the ultimate consumer or user.
  (B) “Manufacture” does not include the preparation or compounding of a drug by a pharmacist, practitioner, or any other authorized person who prepares or compounds a drug incidental to administering or dispensing a drug or conducting research, teaching, or chemical analysis on a drug in the course of professional practice.
(4) “Wholesaler” means any person, including but not limited to, a manufacturer, repackager, own label distributor, jobber, broker, agent, pharmacy, private label distributor, distributor warehouse, wholesale drug warehouse, independent wholesale drug trader, chain drug warehouse, retail pharmacy, or pharmacy that sells more than 5% of its drug inventory to a hospital or other pharmacy, which distributes a drug to a person other than a consumer or patient.
(5) “Conditional license” means a license issued pursuant to specific conditions.
D.C. Code § 48-931.01 — DC Code / Title 48 / Chapter 9B / § 48-931.01
§ 48-931.01. Physician privilege.
Status: in_force

Information communicated to a physician in an effort unlawfully to procure controlled substances, or unlawfully to procure the administration of any such controlled substances, shall not be deemed a privileged communication.
D.C. Code § 48-905.06 — DC Code / Title 48 / Chapter 9 / § 48-905.06
§ 48-905.06. Chemist reports.
Status: in_force

In a proceeding for a violation of this chapter, the official report of chain of custody and of analysis of a controlled substance performed by a chemist charged with an official duty to perform such analysis, when attested to by that chemist and by the officer having legal custody of the report and accompanied by a certificate under seal that the officer has legal custody, shall be admissible in evidence as evidence of the facts stated therein and the results of that analysis. A copy of the certificate must be furnished upon demand by the defendant or his or her attorney in accordance with the rules of the Superior Court of the District of Columbia or, if no demand is made, no later than 5 days prior to trial. In the event that the defendant or his or her attorney subpoenas the chemist for examination, the subpoena shall be without fee or cost and the examination shall be as on cross-examination.
D.C. Code § 48-831.16 — DC Code / Title 48 / Chapter 8A / § 48-831.16
§ 48-831.16. Agreements with governments of other jurisdictions and other entities.
Status: in_force

The District may negotiate and enter into purchasing alliances and regional strategies with the governments of other jurisdictions, and with other public and private entities, for the purpose of reducing prescription drug prices for residents of the District.
D.C. Code § 48-651 — DC Code / Title 48 / Chapter 6A / § 48-651
§ 48-651. Definitions.
Status: in_force

For the purposes of this chapter , the term:
(a) (1) "Agreement" means the written contract between a restaurant and a third-party meal delivery platform required by this chapter .
  (2) "Core delivery service" means a service that lists a restaurant and makes the restaurant discoverable on all modalities or platforms offered by a third-party meal delivery platform, including any website, mobile application, or other internet service where a third-party meal delivery platform lists restaurants and facilitates or performs the delivery through employees or independent contractors of the third-party meal delivery platform of food or beverages from restaurants to customers.  The term "core delivery service" does not include any other service that may be provided by a third-party meal delivery platform to a restaurant, including advertising or other promotional services, search engine optimization, business consulting, or credit card processing.
  (2A) "Food delivery worker" means any natural person or any organization composed of no more than one natural person, whether or not incorporated or employing a trade name, who is hired, retained, or engaged as an independent contractor by a third-party meal delivery platform.
  (3) "Online order" means a food or beverage order placed by a customer through a third-party meal delivery platform for delivery or pickup from a restaurant in the District of Columbia.
  (4) "Purchase price" means the menu price of an online order, excluding taxes, gratuities, or any other fees that may make up the total cost to the customer of an online order.
  (5) "Restaurant" means an establishment that is held out to and known by the public as a food-service establishment.  The term includes an establishment defined in § 25-101(43) and (52) .
  (6) "Third-party meal delivery platform" means any website, mobile application, or other internet service that offers or arranges for the sale of food and beverages prepared by, and the same-day delivery, and the same-day delivery or same-day pickup of food and beverages from, restaurants.
  (7) "URL" (Uniform Resource Locator) means a web address.
D.C. Code § 48-603 — DC Code / Title 48 / Chapter 6 / § 48-603
§ 48-603. Permit required; renewal; application.
Status: repealed

Repealed.
D.C. Code § 48-102 — DC Code / Title 48 / Chapter 1 / § 48-102
§ 48-102. Definitions — “Drug”; “food”.
Status: in_force

For the purposes of this chapter, the term:
(1) “Condemnation” means an administrative restriction or exclusion on the use of specific equipment, utensils, or linens.
(2) “Drug” shall include all medicines for external or internal use, antiseptics, disinfectants, and cosmetics.
(3) “Embargo” means an administrative restriction or exclusion on the distribution of food or food products.
(4) “Food” means a raw, cooked, or processed edible substance, ice, beverage, or ingredient used or intended for use or for sale, in whole or in part, for human consumption, or chewing gum.
(5) “Food establishment” means an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption.
  (A) The term “food establishment” includes:
    (i) A restaurant; satellite or catered feeding location; catering operation, if the operation provides food directly to a consumer, or to a conveyance used to transport people; a market; a vending location; an institution; or a food bank;
    (ii) An establishment that relinquishes possession of food to a consumer directly or indirectly through a delivery service, such as home delivery of grocery orders or restaurant takeout orders, or a delivery service that is provided by common carriers;
    (iii) An establishment that includes an element of the operation of an establishment, such as a motorized vehicle or cart, or a central preparation facility that supplies vending locations or satellite feeding locations, unless the vending locations are licensed by the Mayor pursuant to Chapter 1A of Title 37 [§§ 37-131.01 through 37-131.10 ], or the feeding locations are licensed by the Mayor;
    (iv) An establishment that includes an operation that is conducted in a mobile, stationary, temporary, or permanent facility or location where consumption is on or off the premises, regardless of whether there is a charge for the food;
    (v) All private clubs, employer-sponsored cafeterias or restaurants, schools, churches, residential treatment facilities, and similar facilities, with the exception of those described in subparagraphs (B)(v) through (B)(viii) of this paragraph;
    (vi) An eating and drinking establishment as set forth in § 7-2701 ; and
    (vii) A food processing plant.
  (B) The term “food establishment” shall not include:
    (i) An establishment that offers only prepackaged foods that are not potentially hazardous;
    (ii) A produce stand that only offers whole, uncut, fresh fruits and vegetables;
    (iii) Repealed.
    (iv) An ordinary kitchen in a private home that prepares food for sale or service at a function such as a religious or charitable organizations’ bake sale where the consumer is informed by a clearly visible placard at the sales or service location that the food is prepared in a kitchen that is not subject to regulation and inspection by the Mayor.
    (v) An area where food that is prepared as specified in sub-subparagraph (iv) of this subparagraph is sold or offered for human consumption;
    (vi) A kitchen in a private home, including a child development facility; or a bed-and-breakfast operation that prepares and offers food to guests if the home is owner-occupied, the number of available guest bedrooms does not exceed 3, breakfast is the only meal offered, the number of guests served does not exceed 9, and the consumer is informed by statements contained in published advertisements, mailed brochures, and placards posted at the registration area that the food is prepared in a kitchen that is not regulated and inspected by the Mayor;
    (vii) A private home that receives catered or home-delivered food; and
    (viii) A private club or a church, which serves occasional meals at not more than 24 events during a 12-month period.
D.C. Code § 48-853.01 — DC Code / Title 48 / Chapter 8G / § 48-853.01
§ 48-853.01. Definitions.
Status: in_force

For the purposes of this chapter, the term:
(1) “Administer” shall have the same meaning as provided in § 48-901.02(1) .
(2) “Controlled substance” shall have the same meaning as provided in § 48-901.02(4) .
(3) “Controlled Substances Act” means Unit A of Chapter 9 of this title [ § 48-901.01 et seq.].
(4) “Covered substance” means all controlled substances included in the schedules set forth in §§ 48-902.06 , 48-902.08 , 48-902.10 , and 48-902.12 , in schedules II through V of section 202(c) of Title II of the Comprehensive Drug Abuse Prevention and Control Act of 1970, approved October 27, 1970 (84 Stat. 1247; 21 U.S.C. § 812), and any other drug, as specified by rulemaking, that is required to be reported to the Prescription Drug Monitoring Program pursuant to this chapter.
(5) “Department” means the Department of Health.
(6) “Director” means the Director of the Department of Health.
(7) “Dispense” shall have the same meaning as provided in § 48-901.02(7) .
(8) “Dispenser” means a practitioner who dispenses a covered substance to the ultimate user, or his or her agent, but shall not include:
  (A) A licensed hospital or institutional facility pharmacy that distributes covered substances for the purpose of inpatient hospital care or the dispensing of prescriptions for controlled substances at the time of discharge from such a facility;
  (B) A practitioner or other authorized person who administers a covered substance;
  (C) A wholesale distributor of a covered substance; or
  (D) A clinical researcher providing a covered substance to research subjects as part of a research study approved by a hospital-based institutional review board or an institutional review board accredited by the association for the accreditation of human research protections programs.
(9) “Drug” means:
  (A) Any substance recognized as a drug, medicine, or medicinal chemical in the official United States Pharmacopoeia, official National Formulary, official Homeopathic Pharmacopoeia, or official Veterinary Medicine Compendium or other official drug compendium or any supplement to any of them;
  (B) Any substance intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or other animal;
  (C) Any chemical substance, other than food, intended to affect the structure or any function of the body of man or other animal; and
  (D) Any substance intended for use as a component of any items specified in subparagraph (A), (B), or (C) of this paragraph, but does not include medical devices or their components, parts, or accessories.
(10) “Health occupations board” means a board that, pursuant to § 3-1204.08 , licenses and regulates health professionals with the authority to prescribe or dispense covered substances.
(11) “Interoperability” means, with respect to a District of Columbia or state prescription drug monitoring program, the ability of that program to share electronically reported prescription information with another state, district, or territory of the United States’ prescription drug monitoring program or a third party, approved by the Director, that operates interstate prescription drug monitoring exchanges.
(12) “Patient” means the person or animal who is the ultimate user of a controlled substance or other drug required to be submitted under this chapter for whom a lawful prescription is issued or for whom a controlled substance or such other drug is lawfully dispensed.
(13) “Practitioner” shall have the same meaning as provided in § 48-901.02(20) .
(14) “Prescriber” means a practitioner or other authorized person who prescribes a controlled substance or other covered substance in the course of his or her professional practice.
(15) “Prescription drug monitoring program” means a program that collects, manages, analyzes, and provides information regarding covered substances or other drugs required to be submitted under this chapter or a program established by a similar act in another state, district, or territory of the United States.
(16) “Program” means the Prescription Drug Monitoring Program established by § 48-853.02 .
(17) “Ultimate user” shall have the same meaning as provided in § 48-901.02(23) .
D.C. Code § 48-843.02 — DC Code / Title 48 / Chapter 8D / § 48-843.02
§ 48-843.02. Definitions.
Status: in_force

For the purposes of this chapter, the term “pharmaceutical product” shall have the same meaning as provided in § 3-1201.02(10A)(B)(iii) .
D.C. Code § 48-904.02 — DC Code / Title 48 / Chapter 9 / § 48-904.02
§ 48-904.02. Prohibited acts B; penalties.
Status: in_force

(a) It is unlawful for any person:
  (1) Who is subject to subchapter III of this chapter to distribute or dispense a controlled substance in violation of § 48-903.08 ;
  (2) Who is a registrant, to manufacture a controlled substance not authorized by registration, or to distribute or dispense a controlled substance not authorized by registration to another registrant or other authorized person;
  (3) To refuse or fail to make, keep or furnish any record, notification, order form, statement, invoice, or information required under this chapter;
  (4) To refuse an entry into any premises for any inspection authorized by this chapter;
  (5) Knowingly to keep or maintain any store, shop, warehouse, dwelling, building, vehicle, boat, aircraft, or other structure or place, which is resorted to by persons using controlled substances in violation of this chapter for the purpose of using these substances or which is used for keeping or selling them in violation of this chapter;
  (6) Who is a law-enforcement official, as designated by the Mayor, or a designated civilian employee of the Metropolitan Police Department, to divulge any knowledge relating to the records, order forms, or prescriptions of registrants which he or she received by virtue of his or her office, except in connection with officially authorized duties or in connection with a prosecution or proceeding in court or before a licensing or registration board or officer, to which prosecution or proceeding the registrant to whom such records, order forms, or prescriptions relate is a party; or
  (7) To use to his or her own advantage or to reveal, other than to duly authorized officers or employees of the District of Columbia or the United States, or to the courts when relevant in any judicial proceeding under this subchapter or subchapter III of this chapter , any information acquired in the course of an authorized inspection concerning any method or process which as a trade secret is entitled to protection.
(b) Except as provided for in subsection (c) of this section, any person who violates this section shall, with respect to any violation, be subject to a civil penalty of not more than $50,000.
(c) If a violation of this section is prosecuted by an information or indictment which alleges that the violation was committed knowingly and the trier of fact specifically finds that the violation was so committed, such person shall be guilty of a crime and upon conviction may be imprisoned for not more than one year, fined not more than the amount set forth in § 22-3571.01 , or both.
D.C. Code § 48-712 — DC Code / Title 48 / Chapter 7 / § 48-712
§ 48-712. Civil infractions.
Status: in_force

Civil fines, penalties, and fees may be imposed as sanctions for any violation of this chapter or the rules issued pursuant to this chapter, pursuant to Chapter 18 of Title 2 .
D.C. Code § 48-921.52 — DC Code / Title 48 / Chapter 9C / § 48-921.52
§ 48-921.52. Policy regarding investigation and arrest for offenses involving entheogenic plants and fungi.
Status: in_force

(a) For purposes of this section, the term "entheogenic plant and fungus" means any plant or fungus of any species in which there is naturally occurring any of the following substances in any form, which would cause such plant or fungus to be described in § 48-902.04(3) : ibogaine, dimethyltryptamine, mescaline, psilocybin, or psilocyn.
(b) The Metropolitan Police Department shall make the investigation and arrest of persons 18 years of age or older for non-commercial planting, cultivating, purchasing, transporting, distributing, engaging in practices with, and/or possessing entheogenic plants and fungi that are listed in § 48-902.04 , as among its lowest enforcement priorities.
(c) Nothing in this section shall affect the priority of enforcing any provision of subchapter III-A of Chapter 22 of Title 50 or of § 48-904.07a .
D.C. Code § 48-656 — DC Code / Title 48 / Chapter 6A / § 48-656
§ 48-656. Rules; enforcement.
Status: in_force

(a) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2 , shall issue rules to implement this chapter .
(b) (1) A violation of this chapter , or rule issued pursuant to this chapter , shall be a violation of Chapter 39 of Title 28 enforceable by the Attorney General as an unfair or deceptive trade practice pursuant to § 28-3904 .
  (2) In addition to or in lieu of an enforcement action brought pursuant to paragraph (1) of this subsection, the Attorney General, in the name of the District of Columbia, shall have the exclusive authority to commence a civil action in the Superior Court of the District of Columbia, or any other court of competent jurisdiction, for damages in an amount not to exceed $5,000 or the amount of actual damages, whichever is greater, attorney fees and costs, and injunctive or other appropriate relief for a violation of this chapter .
D.C. Code § 48-831.21 — DC Code / Title 48 / Chapter 8A / § 48-831.21
§ 48-831.21. Establishment of AccessRx for the low-income elderly.
Status: in_force

(a) The Department shall conduct a program to provide low-cost prescription and nonprescription drugs, medications, and medical supplies to low-income elderly individuals (“AccessRx for low-income elderly”).
(b) The Director shall provide sufficient personnel to ensure efficient administration of the program. The extent and magnitude of the program shall be determined by the Director on the basis of the calculated need of the recipient population and the available funds.
(c) The Department may not spend more on this program than is available through appropriations from the General Fund, dedicated revenue, federal or other grants, and other established and committed funding sources. The Director may accept, for the purpose of carrying out this program:
  (1) Federal funds appropriated under any federal law relating to the furnishing of free or low-cost drugs to elderly individuals, and may take such action as is necessary for the purposes of carrying out that federal law; and
  (2) Funds that may be available from any other agency of government, individual, group, or corporation.
D.C. Code § 48-833.09 — DC Code / Title 48 / Chapter 8A / § 48-833.09
§ 48-833.09. Applicability date.
Status: in_force

This subchapter shall apply as of July 1, 2004.
D.C. Code § 48-921.51 — DC Code / Title 48 / Chapter 9C / § 48-921.51
§ 48-921.51. Findings and declaration of policy.
Status: in_force

(a) The people of the District of Columbia find that use of entheogenic plants and fungi have been demonstrated, through scientific studies, to be beneficial in addressing a variety of afflictions, including substance abuse, addiction, trauma, post-traumatic stress syndrome, chronic depression, anxiety, diabetes, cluster headaches, and other conditions; and that practices with entheogenic plants and fungi have long existed, have been considered sacred to a number of cultures and religions for millennia, and continue to be enhanced and improved.  Citizens of the District of Columbia seeking to improve their health and well-being through the use of entheogenic plants and fungi currently use them in fear of arrest and prosecution.
(b) It is declared that the policy of this chapter is to make investigation and arrest of adults for non-commercial planting, cultivating, purchasing, transporting, distributing, possessing, or engaging in practices with entheogenic plants and fungi among the lowest law enforcement priorities for the District of Columbia.
D.C. Code § 48-831.22 — DC Code / Title 48 / Chapter 8A / § 48-831.22
§ 48-831.22. Eligibility for low-income elderly.
Status: in_force

To be eligible, an individual shall:
(1) Be a resident of the District;
(2) Be at least 62 years of age; and
(3) Have a household income that is not more than 200% of the federal poverty level.
D.C. Code § 48-903.04 — DC Code / Title 48 / Chapter 9 / § 48-903.04
§ 48-903.04. Registration — Suspension; revocation; forfeiture of substances.
Status: in_force

(a) A registration issued under § 48-903.03 to manufacture, distribute, or dispense a controlled substance may be suspended or revoked by the Mayor upon a finding that the registrant:
  (1) Has been convicted of a felony under any District of Columbia, state, or federal law relating to any controlled substance;
  (2) Has had his or her federal or state registration suspended or revoked to manufacture, distribute, or dispense controlled substances;
  (3) Has had his or her practitioner’s license suspended or revoked in the District of Columbia by the appropriate authority; or
  (4) has violated any provisions of this chapter.
(b) A registration issued under § 48-903.03 to manufacture, distribute, or dispense a controlled substance may be suspended by the Mayor upon a finding that the registrant has been convicted of a misdemeanor under any District of Columbia, state, or federal law relating to any controlled substance.
(c) The Mayor may limit revocation or suspension of a registration to the particular controlled substance with respect to which grounds for revocation or suspension exist.
(d) If the Mayor suspends or revokes a registration, all controlled substances owned or possessed by the registrant at the time of suspension or the effective date of the revocation order may be placed under seal. No disposition may be made of substances under seal until the time for taking an appeal has elapsed or until all appeals have been concluded unless a court orders the sale of perishable substances and the deposit of the proceeds of the sale with the court. Upon a revocation order becoming final, all controlled substances may be forfeited in accordance with the provisions of § 48-905.03(d) .
(e) The Mayor shall promptly notify the D.E.A. of all orders suspending or revoking registration and all forfeitures of controlled substances.
D.C. Code § 48-607 — DC Code / Title 48 / Chapter 6 / § 48-607
§ 48-607. Products illegally brought into District; seizure; notice to owners; destruction.
Status: repealed

Repealed.
D.C. Code § 48-842.04 — DC Code / Title 48 / Chapter 8C / § 48-842.04
§ 48-842.04. Penalties.
Status: in_force

A violation of this chapter shall be punishable by a fine of $1,000 per violation.
D.C. Code § 48-906.03 — DC Code / Title 48 / Chapter 9 / § 48-906.03
§ 48-906.03. Severability.
Status: in_force

If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
D.C. Code § 48-1212 — DC Code / Title 48 / Chapter 12 / § 48-1212
§ 48-1212. Answer to a notice of violation.
Status: in_force

(a) A person shall answer a notice of violation within 14 calendar days of the date the notice of violation was issued.
(b) (1) To answer a notice of violation, a person issued a notice may:
    (A) Admit the violation;
    (B) Admit the violation, but with an explanation; or
    (C) Deny the violation.
  (2) No response other than those listed in paragraph (1) of this subsection shall be regarded as an answer.
(c) A person admitting a violation shall, at the time the person submits an answer, pay the applicable civil fine in person or by mail.
(d) A person denying the violation shall receive from the Office of Administrative Hearings within 30 days of the office’s receipt of the answer a notice with information about a hearing date.
(e) If a person to whom a notice of violation has been issued fails to respond to the notice within 14 calendar days of the date the notice was issued, the person shall be found liable for the civil violation and in default and shall be assessed both the civil fine for the violation and an additional penalty equal to the amount of that civil fine.
D.C. Code § 48-1213 — DC Code / Title 48 / Chapter 12 / § 48-1213
§ 48-1213. Hearing.
Status: in_force

(a) A hearing for judging a violation of § 48-1201 shall be held before an administrative law judge and the hearing shall be conducted accordance with subchapter I of Chapter 5 of Title 2 [ § 2-501 et seq.].
(b) (1) After due consideration of the evidence and arguments made at the hearing, the administrative law judge shall determine whether the violation has been established by a preponderance of evidence.
  (2) Where a determination is made that a violation is not established, an order dismissing the violation shall be entered.
  (3) Where a determination is made that the violation has been established, an appropriate order shall be entered in the records of the hearing and the administrative law judge shall order the respondent to pay the civil fine set forth in § 48-1203 .
(c) An order rendered pursuant to a determination that a violation has been established, or pursuant to the receipt of an answer admitting the violation, shall be a civil order.
(d) A person who has answered a notice of violation, but fails, without good cause, to appear at the scheduled hearing shall be found liable for the violation and in default and shall be assessed both the civil fine for the violation and an additional penalty equal to the amount of that civil fine.
(e) For the purposes of this section, the term “evidence” includes the notice of violation, confirmation that the substance seized has tested positive as marijuana, and any records or notes made by the law enforcement officer when the marijuana was seized; provided, that the seized marijuana shall not be required to be presented at the hearing as evidence and may be destroyed as contraband by the law enforcement agency that seized it.
D.C. Code § 48-831.06 — DC Code / Title 48 / Chapter 8A / § 48-831.06
§ 48-831.06. Rebate amount.
Status: in_force

(a) The Director of the Department shall negotiate the amount of the rebate required from a manufacturer or labeler in accordance with this subchapter.
(b) The Director shall take into consideration the rebate calculated under the Medicaid Rebate Program pursuant to section 1927 of the Social Security Act, approved November 5, 1990 (104 Stat. 1388-143; 42 U.S.C. § 1396r-8 ), the average wholesale price of prescription drugs, and any other information on prescription drug prices and price discounts.
(c) The Director shall use the Director’s best efforts to obtain an initial rebate amount equal to or greater than the rebate calculated under the Medicaid program pursuant to 42 U.S.C. § 1396r-8 .
(d) With respect to the rebate that takes effect on October 1, 2005 pursuant to § 48-831.33(d) , the Director shall use the Director’s best efforts to obtain an amount equal to or greater than the amount of any discount, rebate, or price reduction for prescription drugs provided to the federal government. If the Department is not able to achieve the rebate amount described by this subsection, the Department shall report that fact to the standing committee of the Council having jurisdiction over the Department.
D.C. Code § 48-402.02 — DC Code / Title 48 / Chapter 4 / § 48-402.02
§ 48-402.02. Limitations on expenditures.
Status: in_force

Total real property tax abatements provided for certain urban farms established pursuant to § 47-868 and the tax-exempt status conferred by § 47-1005(c) shall not exceed $90,000 each year.
D.C. Code § 48-109 — DC Code / Title 48 / Chapter 1 / § 48-109
§ 48-109. Prosecutions; violations.
Status: in_force

(a) Whenever the Mayor has reason to believe that there has been a violation of this chapter or the rules promulgated pursuant to this chapter, the Mayor shall give written notice of the alleged violation to the licensee, person in charge, or employee. The notice shall state the nature of the violation and shall allow a reasonable time for the performance of the necessary corrective measures. Failure to comply shall result in penalties as set forth in subsection (b) of this section.
(b) A person who violates any of the provisions of this chapter, or the rules promulgated pursuant to this chapter, shall be liable for a civil penalty in an amount not to exceed $10,000 for each violation. Each day of a violation shall constitute a separate offense and the penalties prescribed shall apply separately to each offense.
(c) Any person who knowingly violates any of the provisions of this chapter, or the rules promulgated pursuant to this chapter, shall be punished by a fine not more than the amount set forth in § 22-3571 , or imprisonment not to exceed one year, or both. Each day of a violation shall constitute a separate offense and the penalties prescribed shall apply separately to each offense. Prosecutions for violations of this subsection shall be brought in the Superior Court of the District of Columbia by the Corporation Counsel for the District of Columbia.
(d) Civil fines, penalties, and fees may be imposed as alternative sanctions for any infraction of the provisions of this chapter, or any rules issued under the authority of this chapter, pursuant to Chapter 18 of Title 2 .
(e) Any person who contests a final order of the Mayor issued pursuant to this chapter, after exhaustion of all administrative remedies, is entitled to judicial review of the final order upon filing a written petition for review in the District of Columbia Court of Appeals.
D.C. Code § 48-1103.01 — DC Code / Title 48 / Chapter 11 / § 48-1103.01
§ 48-1103.01. Needle Exchange Program.
Status: in_force

(a) The Mayor is authorized to establish within the Department of Human Services a Needle Exchange Program (“Program”), which may provide clean hypodermic needles and syringes to injecting drug users. Counseling on substance abuse addiction and information on appropriate referrals to drug treatment programs shall be made available to each person to whom a hypodermic needle and syringe is provided. Counseling and information on the Human Immunodeficiency Virus (“HIV”) and appropriate referrals for HIV testing and services shall be made available to each person to whom a hypodermic needle and syringe is provided.
(b) The Program authorized by subsection (a) of this section shall be administered by the Commission on Public Health in the Department of Human Services. Only qualified medical officers, registered nurses, counselors, community based organizations, or other qualified individuals specifically designated by the Commissioner of Public Health shall be authorized to exchange hypodermic needles and syringes under the provisions of subsections (c) through (i) of this section.
(c) The Commissioner of Public Health shall provide all persons participating in the Program authorized by subsection (a) of this section with a written statement of the person’s participation in the Program, signed by the Commissioner of Public Health, or the Commissioner’s designee. No person participating in the Program shall be required to carry such a statement.
(d) Notwithstanding the provisions of § 48-1103 , it shall not be unlawful for any person who is participating in the Program authorized by subsection (a) of this section to possess, or for any person authorized by subsection (b) of this section, to deliver any hypodermic syringe or needle distributed as part of the Program.
(e) The District of Columbia, its officers, or employees shall not be liable for any injury or damage resulting from use of, or contact with, any needle exchanged as part of the Program authorized by subsection (a) of this section.
(e-1) A community based organization or other qualified individuals designated by the Commissioner of Public Health under subsection (b) of this section shall not be liable for any injury or damage resulting from the use of, or contact with, any needle exchanged as part of the Program authorized by subsection (a) of this section, unless such injury or damage is a direct result of the gross negligence or intentional misconduct of such community based organization or other qualified individuals.
(f) All needles and syringes distributed by the Commission of Public Health as part of the Program shall be made identifiable through the use of permanent markings, or color coding, or any other method determined by the Commissioner to be effective in identifying the needles and syringes.
(g) The Mayor shall issue an annual evaluation report on the Program. The report shall address the following components:
  (1) Number of Program participants served daily;
  (2) Demographics of Program participants, including age, sex, ethnicity, address or neighborhood of residence, education, and occupation;
  (3) Impact of Program on behaviors which put the individual at risk for HIV transmission;
  (4) Number of materials distributed, including needles, bleach kits, alcohol swabs, and educational materials;
  (5) Impact of Program on incidence of HIV infection in the District. In determining this, the Mayor shall take into account the following factors:
    (A) Annual HIV infection rates among injecting drug users entering drug treatment programs in the District;
    (B) Estimates of the HIV infection rate among injecting drug users in the District at the start of the Program year as compared to the rate at the end of the third Program year;
    (C) The annual number of HIV-positive mothers giving birth in the District;
    (D) Annual estimates of the HIV infection rate among newborns; and
  (6) Costs of the Program versus direct and indirect costs of HIV infection and Acquired Immunodeficiency Syndrome (“AIDS”) in the District.
(h) Data on Program participants shall be obtained through interviews. The interviews shall be used to obtain the following information:
  (1) Reasons for participating in Program;
  (2) Drug use history, including type of drug used, frequency of use, method of ingestion, length of time drugs used, and frequency of needle sharing;
  (3) Sexual behavior and history, including the participant’s self-described sexual identity, number of sexual partners in the past 30 days or 6 months, number of sexual partners who were also intravenous drug users, frequency of condom use, and number of times sex was used in exchange for money or drugs;
  (4) Health assessment, including whether the participant has been tested for HIV infection and whether the results where negative or positive; and
  (5) Impact of Program on the participant’s behavior and attitudes, including any increase or decrease in drug use or needle sharing, changes in high-risk sexual behaviors, or willingness to follow through with drug treatments.
(i) The Mayor shall explore the feasibility of establishing a system to test used needles and syringes received by the Commission of Public Health for HIV antibody contamination. The Mayor shall prepare a feasibility report on needle and syringe testing and shall submit this report to the Council for review no later than 120 days after June 30, 1992. If the report finds that needles and syringe testing would be beneficial and feasible to implement, such a system shall be incorporated into the Program.
D.C. Code § 48-610 — DC Code / Title 48 / Chapter 6 / § 48-610
§ 48-610. Violations.
Status: repealed

Repealed.
D.C. Code § 48-904.07 — DC Code / Title 48 / Chapter 9 / § 48-904.07
§ 48-904.07. Enlistment of minors to distribute.
Status: in_force

(a) Any person who is 21 years of age or over and who enlists, hires, contracts, or encourages any person under 18 years of age to sell or distribute any controlled substance, in violation of § 48-904.01(a) , for the profit or benefit of such person who enlists, hires, contracts, or encourages this criminal activity shall be punished for sale or distribution in the same manner as if that person directly sold or distributed the controlled substance.
(b) Anyone found guilty of subsection (a) of this section shall be subject to the following additional penalties:
  (1) Upon a first conviction the party may be imprisoned for not more than 10 years, fined not more than the amount set forth in § 22-3571.01 , or both;
  (2) Upon a second or subsequent conviction, the party may be imprisoned for not more than 20 years, fined not more than the amount set forth in § 22-3571.01 , or both.
D.C. Code § 48-907.01 — DC Code / Title 48 / Chapter 9 / § 48-907.01
§ 48-907.01. Establishment of Fund.
Status: repealed

Repealed.
D.C. Code § 48-831.11 — DC Code / Title 48 / Chapter 8A / § 48-831.11
§ 48-831.11. Eligibility procedures.
Status: in_force

The Department shall:
(1) Establish simplified procedures for determining eligibility and issuing AccessRx enrollment cards to qualified residents;
(2) Undertake outreach efforts to build public awareness of AccessRx and maximize enrollment of qualified residents; and
(3) Adjust the requirements and terms of AccessRx to accommodate any new federally funded prescription drug program.
D.C. Code § 48-902.09 — DC Code / Title 48 / Chapter 9 / § 48-902.09
§ 48-902.09. Schedule IV tests.
Status: in_force

The Mayor shall place a substance in Schedule IV if the Mayor finds that:
(1) The substance has a low potential for abuse relative to substances in Schedule III;
(2) The substance has currently accepted medical use in treatment in the United States or the District of Columbia; and
(3) The abuse of the substance may lead to limited physical dependence or psychological dependence relative to the substances in Schedule III.
D.C. Code § 48-907.03 — DC Code / Title 48 / Chapter 9 / § 48-907.03
§ 48-907.03. Grant Award Committee.
Status: repealed

Repealed.
D.C. Code § 48-853.03a — DC Code / Title 48 / Chapter 8G / § 48-853.03a
§ 48-853.03a. Registration requirement for prescribers and dispensers.
Status: repealed

Repealed.
D.C. Code § 48-902.01 — DC Code / Title 48 / Chapter 9 / § 48-902.01
§ 48-902.01. Administration.
Status: in_force

(a) The Mayor shall administer this chapter and, with provision for public notice and comment, may add substances to or delete or reschedule all substances enumerated in the schedules in § 48-902.04 , § 48-902.06 , § 48-902.08 , § 48-902.10 or § 48-902.12 pursuant to subchapter I of Chapter 5 of Title 2 and pursuant to the procedures set forth in this chapter. In making a determination regarding a substance, the Mayor shall consider the following:
  (1) The actual or relative potential for abuse;
  (2) The scientific evidence of its pharmacological effect, if known;
  (3) The state of current scientific knowledge regarding the substance;
  (4) The history and current pattern of abuse;
  (5) The scope, duration, and significance of abuse;
  (6) The risk to the public health;
  (7) The potential of the substance to produce psychological or physiological dependence; and
  (8) Whether the substance is an immediate precursor of a substance already controlled under this subchapter.
(b) After considering the factors enumerated in subsection (a) of this section and after complying with subchapter I of Chapter 5 of Title 2 , the Mayor shall make findings with respect to the factors and issue a rule either controlling the substance if the Mayor finds that the substance has a potential for abuse or deleting the substance if the Mayor finds that the substance does not have a potential for abuse.
(c) If the Mayor designates a substance as an immediate precursor, substances which are precursors of the controlled precursor shall not be subject to control solely because they are precursors of the controlled precursor.
(d) If any substance is designated, rescheduled, or deleted as a controlled substance under federal law, the Mayor may similarly designate, reschedule, or delete the controlled substance under this chapter, or may otherwise designate, reschedule or delete as a controlled substance pursuant to subsections (a) and (b) of this section.
(e) Authority to control under this section does not extend to tobacco or to distilled spirits, wine, or malt beverages, as those terms are defined or used in § 25-103 .
D.C. Code § 48-609 — DC Code / Title 48 / Chapter 6 / § 48-609
§ 48-609. Seller of products in District to determine that shipper has permit.
Status: repealed

Repealed.
D.C. Code § 48-833.07 — DC Code / Title 48 / Chapter 8A / § 48-833.07
§ 48-833.07. Rulemaking.
Status: in_force

The Mayor is authorized to issue any rules necessary to implement the provisions of this subchapter.
D.C. Code § 48-902.06 — DC Code / Title 48 / Chapter 9 / § 48-902.06
§ 48-902.06. Schedule II enumerated.
Status: in_force

The controlled substances listed in this section are included in Schedule II unless and until removed therefrom pursuant to § 48-902.01 :
(1) Unless specifically excepted or unless listed in another schedule, any of the following substances, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by combination of extraction and chemical synthesis:
  (A) Opium and opiate, and any salt, compound, derivative, or preparation of opium or opiate, excluding apomorphine, dextrorphan, nalbuphine, naloxone, naltrexone, and their respective salts, but including the following:
    (i) Raw opium;
    (ii) Opium extracts;
    (iii) Opium fluid extracts;
    (iv) Powdered opium;
    (v) Granulated opium;
    (vi) Tincture of opium;
    (vii) Codeine;
    (viii) Ethylmorphine;
    (ix) Etorphine Hydrochloride;
    (x) Hydrocodone;
    (xi) Metopon;
    (xii) Morphine;
    (xiii) Oxycodone;
    (xiv) Oxymorphone;
    (xv) Thebaine;
    (xvi) Hydromorphone;
    (xvii) Dihydrocodeine;
    (xviii) Sufentanil;
    (xix) Alfentanil; and
    (xx) Carfentanil;
  (B) Any salt, compound, derivative, or preparation thereof which is chemically equivalent or identical with any of the substances referred to in subparagraph (A) of this paragraph, but not including the isoquinoline alkaloids of opium;
  (C) Opium poppy and poppy straw;
  (D) Coca leaves, except coca leaves or extracts of coca leaves from which cocaine, ecgonine, or derivatives of ecgonine or their salts have been removed; cocaine, its salts, optical and geometric isomers, and salts of isomers; or any compound, mixture, or preparation that contains any substance referred to in this paragraph;
  (E) Concentrate of poppy straw (the crude extract of poppy straw in either liquid, solid, or powder form which contains the phenanthrene alkaloids of the opium poppy);
  (F) Hashish; and
  (G) Synthetic Tetrahydrocannabinols: Chemical equivalents of the substances contained in the plant, or in the resinous extractives of Cannabis, and synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity such as the following:
    (i) Delta 1 cis or trans tetrahydrocannabinol, and their optical isomers;
    (ii) Delta 6 cis or trans tetrahydrocannabinol, and their optical isomers; or
    (iii) Delta 3, 4 cis or trans tetrahydrocannabinol, and its optical isomers (compounds of these structures, regardless of numerical designation of atomic positions covered);
(2) Unless specifically excepted or unless in another schedule, any of the following opiates, including their isomers, esters, ethers, salts, and salts of isomers, whenever the existence of these isomers, esters, ethers, and salts is possible within the specific chemical designation, dextrorphan excepted:
  (A) Alphaprodine;
  (B) Anileridine;
  (C) Bezitramide;
  (D) Biphetamine;
  (E) Diphenoxylate;
  (F) Eskatrol;
  (G) Fentanyl;
  (H) Fetamine;
  (I) Isomethadone;
  (J) Levo-alphacetylmethadol, also known as levo-alpha-acetylmethadol, levomethadyl acetate, or LAAM;
  (K) Levomethorphan;
  (L) Levorphanol;
  (M) Metazocine;
  (N) Methadone;
  (O) Methadone—Intermediate, 4-cyano-2-dimethylamino4, 4-diphenyl butane;
  (P) Moramide—Intermediate, 2-methyl-3-morpholino-1, 1-diphenyl- propane-carboxylic acid;
  (Q) Pethidine (meperidine);
  (R) Pethidine—Intermediate — A, 4-cyano-1-methyl-4- phenylpiperidine;
  (S) Pethidine—Intermediate — B, ethyl-4-phenylpiperidine- 4-carboxylate;
  (T) Pethidine—Intermediate — C, 1-methyl-4-phenylpiperdine- 4-carboxylic acid;
  (U) Phenazocine;
  (V) Piminodine;
  (W) Racemethorphan; and
  (X) Racemorphan;
(3) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a stimulant effect on the central nervous system:
  (A) Amphetamine, its salts, optical isomers, and salts of its optical isomers;
  (B) Methamphetamine, its salts, isomers, and salts of its isomers;
  (C) Phenmetrazine and its salts;
  (D) Methylphenidate and its salts;
  (E) Repealed.
  (F) Amphetamine/methamphetamine immediate precursor: Phenyl acetone (Phenyl-2-propanone), P2P; and
(4) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a depressant effect on the central nervous system, including its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation:
  (A) Methagualone;
  (B) Amobarbital;
  (C) Secobarbital;
  (D) Pentobarbital;
  (E) Phencyclidine;
  (F) Phencyclidine immediate precursors:
    (i) 1-phenyleyclohexylamine
    (ii) 1-piperidinocyclohexanecarbonitrile (PCC);
  (G) Dronabinol;
  (H) Nabilone; and
  (I) Glutethimide.
D.C. Code § 48-831.03 — DC Code / Title 48 / Chapter 8A / § 48-831.03
§ 48-831.03. Establishment of AccessRx.
Status: in_force

(a) AccessRx is hereby established. AccessRx shall be administered by the Department, which shall utilize, among other things, manufacturer rebates, pharmacy discounts, and aggregate purchasing to reduce prescription drug prices. In addition, the Department shall investigate the purchase of prescription drugs from outside of the United States.
(b) The Department shall administer AccessRx and other medical and pharmaceutical assistance programs in a manner that is advantageous to the programs and to the enrollees in those programs. In implementing this subchapter, the Department may coordinate the other programs and AccessRx and may take actions to enhance efficiency, reduce the cost of prescription drugs, and maximize the benefits to the programs and enrollees, including providing the benefits of AccessRx to enrollees in other programs.
D.C. Code § 48-201 — DC Code / Title 48 / Chapter 2 / § 48-201
§ 48-201. Adulterated candy not to be made or sold.
Status: repealed

Repealed.
D.C. Code § 48-831.41 — DC Code / Title 48 / Chapter 8A / § 48-831.41
§ 48-831.41. Establishment of AccessRx Pharmaceutical Resource Center.
Status: in_force

The Department shall conduct a program to provide life saving prescription and nonprescription medications and medical supplies by enrolling eligible individuals into pharmaceutical assistance programs. Of the funds appropriated for the Department of Health for fiscal year 2006, the Director shall enter into a contract with the Archdiocesan Health Care Network, Catholic Charities in an amount up to $1.956 million to operate and administer the program and provide sufficient personnel to ensure appropriate oversight of the program.
D.C. Code § 48-902.12 — DC Code / Title 48 / Chapter 9 / § 48-902.12
§ 48-902.12. Schedule V enumerated.
Status: in_force

The controlled substances listed in this section are included in Schedule V unless and until removed therefrom pursuant to § 48-902.01 .
(1) Any compound, mixture, or preparation containing limited quantities of any of the following narcotic drugs, or salts thereof, which also contains 1 or more nonnarcotic active medicinal ingredients in sufficient proportion to confer upon the compound, mixture, or preparation valuable medicinal qualities other than those possessed by the narcotic drug alone:
  (A) Not more than 200 milligrams of codeine per 100 milliliters or per 100 grams;
  (B) Not more than 100 milligrams of opium per 100 milliliters or per 100 grams;
  (C) Not more than 100 milligrams of dihydrocodeine per 100 milliliters or per 100 grams;
  (D) Not more than 100 milligrams of ethylmorphine per 100 milliliters or per 100 grams;
  (E) Not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms of atropine sulfate per dosage unit; and
  (F) Not more than 0.5 milligrams of difenopin and not less than 25 micrograms of atropine sulfate per dosage unit;
(2) Repealed;
(3) Deleted upon adoption of rule in 34 DCMR 4370 on July 10, 1987;
(4) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation containing any of the following narcotic drugs and their salts, as set forth below:
Buprenorphine;
(5) Prophylhexedrine; and
(6) Pyrovalerone.
D.C. Code § 48-853.03b — DC Code / Title 48 / Chapter 8G / § 48-853.03b
§ 48-853.03b. Registration requirement for practitioners and dispensers.
Status: in_force

(a) Any practitioner who is licensed, registered, or otherwise permitted to prescribe, distribute, dispense, conduct research with respect to, or to administer a controlled substance or other covered substance in the course of his or her professional practice, and any dispenser who is licensed in the District of Columbia to dispense a controlled substance or other covered substance to an ultimate user, the user's agent, or owner in the case of animals, shall be registered with the Program.
(b) Beginning 90 days afterJune 24, 2020, each practitioner or dispenser who is required to be registered with the Program, pursuant to subsection (a) of this section, shall register with the Program within 90 days of obtaining a new health professional license or before renewing an existing health professional license, whichever occurs first.
(c) The Health Occupations Boards shall not approve a practitioner or dispenser, who is required to be registered with the Program pursuant to subsection (a) of this section, for reinstatement, reactivation, or renewal of licensure without proof that the practitioner or dispenser has registered with the Program as required.
(d) Failure to timely register with the Program shall constitute grounds for disciplinary action by the relevant health occupations board pursuant to § 3-1205.14(c) , and the imposition of civil fines pursuant to § 2-1801.04 .
D.C. Code § 48-831.31 — DC Code / Title 48 / Chapter 8A / § 48-831.31
§ 48-831.31. Establishment of AccessRx for uninsured District residents.
Status: in_force

The Department shall conduct a program to negotiate low-cost prescription and nonprescription drugs, medications, and medical supplies for uninsured District residents (“AccessRx for uninsured”). The Director shall provide sufficient personnel to ensure efficient administration of the program. The extent and magnitude of the program shall be determined by the Director on the basis of the calculated need of the recipient population and available funds.
D.C. Code § 48-852.04 — DC Code / Title 48 / Chapter 8F / § 48-852.04
§ 48-852.04. Registrants authorized to collect; authorized collection activities.
Status: repealed

Repealed.
D.C. Code § 48-844.01 — DC Code / Title 48 / Chapter 8E / § 48-844.01
§ 48-844.01. Short title.
Status: in_force

This chapter may be cited as the “SafeRX Evaluation Act of 2008”.
D.C. Code § 48-833.04 — DC Code / Title 48 / Chapter 8A / § 48-833.04
§ 48-833.04. Department reports.
Status: in_force

By November 30th of each year, the Department shall provide an annual report, providing information in aggregate form, on prescription drug marketing expenses to the Council and the Corporation Counsel. By January 1, 2005, and every 2 years thereafter, the Department shall provide a report to the Council and the Corporation Counsel, providing information in aggregate form, containing an analysis of the data submitted to the Department, including the scope of prescription drug marketing activities and expenses and their effect on the cost, utilization, and delivery of health care services, and any recommendations with regard to marketing activities of prescription drug manufacturers and labelers.
D.C. Code § 48-833.03 — DC Code / Title 48 / Chapter 8A / § 48-833.03
§ 48-833.03. Content of annual report by manufacturer or labeler.
Status: in_force

(a) Except as provided in subsection (b) of this section, the annual report filed pursuant to § 48-833.02 shall include the following information as it pertains to marketing activities conducted within the District in a form that provides the value, nature, purpose, and recipient of the expense:
  (1) All expenses associated with advertising, marketing, and direct promotion of prescription drugs through radio, television, magazines, newspapers, direct mail, and telephone communications as they pertain to District residents;
  (2) With regard to all persons and entities licensed to provide health care in the District, including health care professionals and persons employed by them in the District, carriers licensed under Title 31, health plans and benefits managers, pharmacies, hospitals, nursing facilities, clinics, and other entities licensed to provide health care in the District, the following information:
    (A) All expenses associated with educational or informational programs, materials, and seminars, and remuneration for promoting or participating in educational or informational sessions, regardless of whether the manufacturer or labeler provides the educational or informational sessions or materials;
    (B) All expenses associated with food, entertainment, gifts valued at more than $25, and anything provided to a health care professional for less than market value;
    (C) All expenses associated with trips and travel; and
    (D) All expenses associated with product samples, except for samples that will be distributed free of charge to patients; and
  (3) The aggregate cost of all employees or contractors of the manufacturer or labeler who directly or indirectly engage in the advertising or promotional activities listed in paragraphs (1) and (2) of this subsection, including all forms of payment to those employees. The cost reported under this paragraph shall reflect only that portion of payment to employees or contractors that pertains to activities within the District or to recipients of the advertising or promotional activities who are residents of or are employed in the District.
(b) The following marketing expenses are not subject to the requirements of this subchapter:
  (1) Expenses of $25 or less;
  (2) Reasonable compensation and reimbursement for expenses in connection with a bona fide clinical trial of a new vaccine, therapy, or treatment; and
  (3) Scholarships and reimbursement of expenses for attending a significant educational, scientific, or policy-making conference or seminar of a national, regional, or specialty medical or other professional association if the recipient of the scholarship is chosen by the association sponsoring the conference or seminar.
D.C. Code § 48-604 — DC Code / Title 48 / Chapter 6 / § 48-604
§ 48-604. Suspension of permit.
Status: repealed

Repealed.
D.C. Code § 48-108.01 — DC Code / Title 48 / Chapter 1 / § 48-108.01
§ 48-108.01. Administrative remedies for enforcement.
Status: in_force

(a) The Mayor may take action to enforce this chapter or any rule promulgated pursuant to this chapter, if any person:
  (1) Operates a food establishment without a valid license;
  (2) Violates any term or condition of a food establishment license;
  (3) Does not correct serious violations of this chapter or rule promulgated pursuant to this chapter within time frames established by the Mayor or repeatedly violates this chapter or its rules;
  (4) Does not comply with an order of the Mayor concerning an employee suspected of having a disease that can be transmitted by an infected person;
  (5) Does not comply with an embargo or condemnation order issued by the Mayor;
  (6) Does not comply with an order issued as a result of an administrative hearing under this chapter; or
  (7) Does not comply with a summary suspension order by the Mayor.
(b) The Mayor may grant a variance from food establishment license requirements if the applicant or licensee shows that compliance with the requirements of this chapter, or the rules promulgated pursuant to this chapter, would result in an unreasonable financial hardship, and that the public health and welfare would not be endangered.
(c) The Mayor may suspend or revoke a license issued to a food establishment for violation of the provisions of this chapter or rules implementing this chapter, and may summarily suspend or restrict the license if the Mayor determines, through inspection, or examination of employees, food, records, or other means as specified in this chapter or rules implementing this chapter, that an imminent health hazard exists. The Mayor may summarily suspend a food establishment’s license by providing written notice to the licensee or person in charge, without prior warning, notice of a hearing, or hearing. If the Mayor restricts the activities of an employee of the food establishment, notice shall be given to that employee, who shall have a right to a hearing after the restriction is implemented.
(c-1) (1) Notwithstanding subsection (c) of this section, the Mayor shall not summarily close a food establishment solely for a lapsed or expired basic business license prior to sending a written notice of noncompliance to the licensee.
  (2) The written notice of noncompliance shall notify the licensee that he or she has 5 days from the date of receipt of the notice to renew the food establishment's basic business license before the establishment may be summarily closed.
  (3) If a licensee fails to renew the food establishment's basic business license and provide proof of the renewed license within 5 days of receipt of the notice, the Mayor may summarily close the establishment without additional warning, notice of a hearing, or a hearing.
(d) (1) The Mayor may, without prior notice, embargo and forbid the sale of, or cause to be destroyed, any food that:
    (A) May be unsafe, adulterated, or not honestly presented;
    (B) Is not prepared, processed, handled, packaged, transported, or stored in compliance with the requirements of this chapter, or the rules promulgated pursuant to this chapter;
    (C) Originated from an unapproved source;
    (D) Is not labeled according to law or properly tagged; or
    (E) Is otherwise not in compliance with this chapter.
  (2) The Mayor shall provide the licensee or person in charge of the food establishment with a written notice at the same time the embargo action is taken, stating the action that is being taken, the basis for the action, and the right of the licensee or person in charge to request a hearing.
(e) The Mayor may, without prior notice, condemn and cause to be removed any equipment, utensils, or linens found in a food establishment, the use of which does not comply with this chapter or rules implementing this chapter, or that is being used in violation of this chapter or rules implementing this chapter, or that is unfit for use because of dirt, filth, extraneous matter, insects, corrosion, open seams, or chipped or cracked surfaces. The Mayor shall provide the licensee or person in charge of the food establishment with a written notice at the same time the condemnation action is taken, stating the action that is being taken, the basis for the action, and the right of the licensee or person in charge to request a hearing.
(f) The Mayor may suspend a license issued in accordance with §§ 47-2801 [repealed] and 47-2827 if the licensee is in violation of this chapter, or of the rules promulgated pursuant to this chapter. The Mayor shall serve upon the affected party or the party’s designated agent a written notice of suspension stating the action that is being taken, the basis for the action, and the right of the affected party or party’s designated agent to request a hearing.
(g) If a licensee has previously violated this chapter, or the rules promulgated pursuant to this chapter, or if the person’s license has been previously suspended, the Mayor may revoke the license upon the commission of another violation. The Mayor shall provide the affected party, or the party’s designated agent, with written notice of the intent to revoke the license and with an opportunity for a hearing prior to revocation. A person whose license has been revoked pursuant to this section may reapply for a food establishment license. The Mayor may grant a new license if the person is able to demonstrate an ability and willingness to comply with the license, the provisions of this chapter, and the rules implementing this chapter.
(h) A licensee, person in charge, or employee shall have the right to request a hearing within 15 days after service of the notice of an adverse action under this section. A request for a hearing shall not stay a summary suspension, an embargo, or a condemnation order. The Mayor shall hold a hearing within 72 hours of a timely request for a hearing following a summary suspension, an embargo, or a condemnation order, and shall issue a decision within 72 hours after the hearing.
(i) Each hearing shall be held in accordance with the contested case provisions of § 2-509 , and judicial review shall be in accordance with § 2-510 .
(j) The Mayor is authorized to conduct necessary examinations and tests to determine whether any food employee has a disease in a communicable form, or is a carrier of a communicable disease. A food employee shall submit to examinations and tests, including providing access to medical history, at the request of the Mayor when there is reason to believe that the employee has a disease in a communicable form, or is a carrier of a communicable disease.
(k) For the purpose of enforcing this chapter or any rule issued pursuant to this chapter, the Mayor may, at any reasonable time, upon the presentation of proper credentials to the owner, operator, or agent in charge, enter into or upon any food establishment for the purpose of making inspections and tests.
(l) The Mayor may request that the Corporation Counsel commence an appropriate civil action in the Superior Court of the District of Columbia to secure a temporary restraining order, a preliminary injunction, a permanent injunction, or other appropriate relief from the court, to enforce this chapter or rules issued pursuant to this chapter.
D.C. Code § 48-911.01 — DC Code / Title 48 / Chapter 9A / § 48-911.01
§ 48-911.01. Consumption of marijuana in public space prohibited; impairment prohibited.
Status: in_force

(a) Notwithstanding any other District law, it is unlawful for any person to smoke or otherwise consume marijuana in or upon a public space, or in or upon any of the following places:
  (1) A street, alley, park, sidewalk, or parking area;
  (2) A vehicle in or upon any street, alley, park, or parking area; or
  (3) Any place to which the public is invited. For the purposes of this subsection, and notwithstanding any other provision of law, a private club, which includes any building, facility, or premises used or operated by an organization or association for a common avocational purpose, such as a fraternal, social, educational, or recreational purpose, is a place to which the public is invited; provided, that a private club does not include a private residence.
(b) No person, whether in or on public or someone else’s private property, shall be impaired due to smoking or otherwise consuming marijuana and endanger the safety of himself, herself, or any other person or property.
(c) Any person violating the provisions of subsection (a) or (b) of this section shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than the amount set forth in § 22-3571.01 or imprisoned for not more than 60 days.
(d) The Attorney General for the District of Columbia, or his or her assistants, shall prosecute violations of this section, in the name of the District of Columbia.
(e) For the purposes of this section, the term “smoke” means to inhale, ingest, or otherwise introduce marijuana into the human body, or to hold or carry a lighted roll of paper or other lighted smoking equipment filled with marijuana.
(f) No provision of the Legalization of Possession of Minimal Amounts of Marijuana for Personal Use Initiative of 2014, effective February 26, 2015 (D.C. Law 20-153; 62 DCR 880), shall limit or be construed to limit the application of any provision of this section.
D.C. Code § 48-921.02a — DC Code / Title 48 / Chapter 9B / § 48-921.02a
§ 48-921.02a. Articulable suspicion.
Status: in_force

(a) Except as provided in subsection (b) of this section, none of the following shall, individually or in combination with each other, constitute reasonable articulable suspicion of a crime:
  (1) The odor of marijuana or of burnt marijuana;
  (2) The possession of or the suspicion of possession of marijuana without evidence of quantity in excess of 1 ounce;
  (3) The possession of multiple containers of marijuana without evidence of quantity in excess of 1 ounce; or
  (4) The possession of marijuana in proximity to any amount of cash or currency without evidence of marijuana quantity in excess of one ounce
(b) Subsection (a) of this section shall not apply when a law enforcement officer is investigating whether a person is operating or in physical control of a vehicle or watercraft while intoxicated, under the influence of, or impaired by alcohol or a drug or any combination thereof in violation of subchapter III-A of Chapter 22 of Title 50 [ § 50-2206.01 et seq.].
D.C. Code § 48-503 — DC Code / Title 48 / Chapter 5 / § 48-503
§ 48-503. Sale of horse meat and horse meat product—Council authorized to make regulations.
Status: repealed

Repealed.
D.C. Code § 48-801.04 — DC Code / Title 48 / Chapter 8 / § 48-801.04
§ 48-801.04. Quotation of prices, services and charges.
Status: in_force

The current selling price of all prescription drugs (including those not required to be posted) dispensed by each pharmacy, and the pharmacy’s discounts and professional and convenience services and charges therefor, shall be available and be quoted, correctly and free of charge, by the pharmacy upon request identifying the name, strength, and quantity prescribed by a physician, whether the request is made in person, in writing or by telephone.
D.C. Code § 48-106 — DC Code / Title 48 / Chapter 1 / § 48-106
§ 48-106. Furnishment of samples for analysis.
Status: in_force

Every person offering for sale or delivering to any purchaser any drug or article of food included in the provisions of this chapter shall furnish to any analyst or other officer or agent of the Mayor a sample sufficient for the purpose of analysis of any such drug or article of food which is in his possession. The Mayor may collect, without cost, and examine samples of food sufficient to analyze in order to determine compliance with this chapter.
D.C. Code § 48-711 — DC Code / Title 48 / Chapter 7 / § 48-711
§ 48-711. Criminal action.
Status: in_force

A person who willfully violates § 48-702(1) is guilty of a misdemeanor, and, upon conviction, shall be fined not more than $5,000 for the first offense or $10,000 for the second or subsequent offense, imprisoned for not more than one year, or both. Each day that a violation continues is a separate violation under this chapter. The fines set forth in this section shall not be limited by § 22-3571.01 .
D.C. Code § 48-853.10 — DC Code / Title 48 / Chapter 8G / § 48-853.10
§ 48-853.10. Rules.
Status: in_force

The Director, pursuant subchapter I of Chapter 5 of Title 2 [ § 2-501 et seq.], shall issue rules to implement the provisions of this chapter, including the establishment of criteria for granting waivers to the reporting requirements set forth in this chapter.
D.C. Code § 48-655 — DC Code / Title 48 / Chapter 6A / § 48-655
§ 48-655. Third-party delivery platform; registration requirement.
Status: in_force

A person, corporation, partnership, or association operating a third-party food delivery platform in the District of Columbia shall register with the Department of Licensing and Consumer Protection.
D.C. Code § 48-921.53 — DC Code / Title 48 / Chapter 9C / § 48-921.53
§ 48-921.53. Desire of the people for the cessation of prosecution of certain uses of entheogenic plants and fungi.
Status: in_force

The people of the District of Columbia call upon the Attorney General of the District of Columbia and the United States Attorney for the District of Columbia to cease prosecution of residents of the District of Columbia for non-commercial planting, non-commercial cultivating, purchasing, transporting, distributing, engaging in practices with, and/or possessing entheogenic plants and fungi as defined in § 48-921.52 .
D.C. Code § 48-833.01 — DC Code / Title 48 / Chapter 8A / § 48-833.01
§ 48-833.01. Requirement to disclose prescription drug marketing costs.
Status: in_force

A manufacturer or labeler of prescription drugs dispensed in the District that employs, directs, or utilizes marketing representatives in the District shall report marketing costs for prescription drugs in the District. These marketing costs shall be reported to the Department for the purposes of assisting the District in its role as a purchaser of prescription drugs and as an administrator of prescription drug programs, enabling the District to determine the scope of prescription drug marketing costs and their effect on the cost, utilization, and delivery of health care services, and furthering the role of the District as guardian of the public interest.
D.C. Code § 48-801.01 — DC Code / Title 48 / Chapter 8 / § 48-801.01
§ 48-801.01. List of most commonly used prescription drugs.
Status: in_force

Thirty days prior to each issue date, the Department of Human Services shall furnish to the Office of Consumer Protection a list of the 100 most commonly used prescription drugs.
D.C. Code § 48-831.05 — DC Code / Title 48 / Chapter 8A / § 48-831.05
§ 48-831.05. Rebate agreement.
Status: in_force

A drug manufacturer or labeler that sells prescription drugs in the District through any publicly funded pharmaceutical assistance program shall enter into a rebate agreement with the Department under AccessRx. The rebate agreement shall require the manufacturer or labeler to make rebate payments to the District for deposit in the AccessRx Fund each calendar quarter or according to a schedule established by the Department.
D.C. Code § 48-902.05 — DC Code / Title 48 / Chapter 9 / § 48-902.05
§ 48-902.05. Schedule II tests.
Status: in_force

The Mayor shall place a substance in Schedule II if the Mayor finds that:
(1) The substance has high potential for abuse;
(2) The substance has currently accepted medical use in treatment in the United States or the District of Columbia, or currently accepted medical use, with severe restrictions; and
(3) The abuse of the substance may lead to severe psychological or physical dependence.
D.C. Code § 48-108 — DC Code / Title 48 / Chapter 1 / § 48-108
§ 48-108. Interference with officials prohibited.
Status: in_force

No person shall hinder, obstruct, or in any way interfere with any inspector, analyst, or other person of the Department of Health in the performance of his duty in carrying out the provisions of this chapter.
D.C. Code § 48-653.01 — DC Code / Title 48 / Chapter 6A / § 48-653.01
§ 48-653.01. Restaurant disclosure requirement.
Status: in_force

A third-party meal delivery platform shall disclose to a restaurant, in plain language, the fees, commissions, and charges associated with the contracted services in the agreement.
D.C. Code § 48-803.05 — DC Code / Title 48 / Chapter 8 / § 48-803.05
§ 48-803.05. Dispensation of equivalent products by pharmacists — Consideration as practice of medicine or evidence of negligence; failure of physician to specify specific brand.
Status: in_force

(a) The substitution of drugs by a licensed pharmacist under this subchapter , including the substitution of an interchangeable biological product shall not constitute the practice of medicine. Nothing in this subchapter shall be construed as authorizing a pharmacist to prescribe any drug or medication.
(b) Substitution of drugs made in accordance with § 48-803.02 shall not constitute evidence of negligence or improper pharmacy practice if the substitution was made within reasonable and prudent pharmacy practice or if the prescribed and substituted drugs were generically equivalent drugs products or an interchangeable biological product as determined under this chapter .
(c) Failure of a licensed physician to specify that a specific brand is necessary for the particular patient shall not constitute evidence of negligence unless the physician had reasonable cause to believe that the health of the patient required the use of that brand and no other.
D.C. Code § 48-841.02 — DC Code / Title 48 / Chapter 8B / § 48-841.02
§ 48-841.02. Definitions.
Status: in_force

For the purposes of this chapter, the term:
(1) “FDA” means the federal Food and Drug Administration.
(2) “Off-label use” means the use of a prescription drug for human use to treat a condition that is not included in the labeling for that medication, as approved by the federal Food and Drug Administration.
(3) “Prescriber” means a person who is licensed, registered, or otherwise authorized by the District to prescribe and administer prescription drugs for human use in the course of a professional practice.
D.C. Code § 48-904.06 — DC Code / Title 48 / Chapter 9 / § 48-904.06
§ 48-904.06. Distribution to minors.
Status: in_force

(a) Any person who is 21 years of age or over and who violates § 48-904.01(a) by distributing a controlled substance which is listed in Schedule I or II and which is a narcotic drug, phencyclidine, or a phencyclidine immediate precursor to a person who is under 18 years of age may be punished by the fine authorized by § 48-904.01(a)(2)(A) , by a term of imprisonment of up to twice that authorized by § 48-904.01(a)(2)(A) , or by both.
(b) Any person who is 21 years of age or over and who violates § 48-904.01(a) by distributing for remuneration any other controlled substance which is listed in Schedule I, II, III, IV, or V, except for phencyclidine or a phencyclidine immediate precursor, to a person who is under 18 years of age may be punished by the fine authorized by § 48-904.01(a)(2)(B) , (C), or (D), respectively, by a term of imprisonment up to twice that authorized by § 48-904.01(a)(2)(B) , (C), or (D), respectively, or both.
D.C. Code § 48-902.03 — DC Code / Title 48 / Chapter 9 / § 48-902.03
§ 48-902.03. Schedule I tests.
Status: in_force

The Mayor shall place a substance in Schedule I if the Mayor finds that the substance:
(a) (1) Has high potential for abuse; and
  (2) Has no accepted medical use in treatment in the United States or in the District of Columbia or lacks accepted safety for use in treatment under medical supervision.
D.C. Code § 48-803.02 — DC Code / Title 48 / Chapter 8 / § 48-803.02
§ 48-803.02. Dispensing of generically equivalent drug product or interchangeable biological product.
Status: in_force

(a) (1) When a pharmacist receives a prescription for a brand name drug, the pharmacist may dispense a generically equivalent drug product or interchangeable biological product that is listed in the Orange Book; provided, that the pharmacist shall dispense a generically equivalent drug product or interchangeable biological product if requested by the purchaser, except as provided in § 48-803.03 .
  (2) If a generic substitution is made pursuant to this subsection, the pharmacist shall dispense the generically equivalent drug product or interchangeable biological product in stock having the lowest cost to the person purchasing the drug product.
(b) When a pharmacist receives a prescription for a drug by generic name or interchangeable biological product, the pharmacist shall dispense the listed product in stock that has the lowest cost to the person purchasing the drug product.
(c) Repealed.
D.C. Code § 48-104 — DC Code / Title 48 / Chapter 1 / § 48-104
§ 48-104. Enforcement measures; rules and regulations.
Status: in_force

(a) It shall be the duty of the Mayor to adopt such measures as may be necessary to facilitate the enforcement of this chapter with regard to the proper method of collecting and examining drugs and articles of food in the District of Columbia.
(b) The Mayor of the District of Columbia, with the approval of the Council, is authorized to adopt the United States Food and Drug Administration’s Model Food Code, with any necessary amendments, to:
  (1) Control and regulate the retail sale, commercial and institutional service, and vending of food;
  (2) Establish standards for employee food safety practices and training;
  (3) Regulate food sources, preparation, holding temperatures, and protection;
  (4) Regulate equipment, utensils, and linens, their design, construction, number and capacity, location and installation, maintenance and operation, cleaning, and sanitization;
  (5) Regulate the use of water and the treatment of liquid and solid wastes;
  (6) Regulate facilities construction and maintenance, storage and use of poisonous and toxic materials;
  (7) Establish license requirements for the operation of food establishments;
  (8) Restrict or exclude employees;
  (9) Examine, embargo, and condemn food or food products, equipment, utensils, and linens to protect the public health.
(c) The Mayor shall submit the United States Food and Drug Administration’s Model Food Code, with any necessary amendments, to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed regulations, in whole or in part, by resolution, within this 45-day review period, the proposed regulations shall be deemed disapproved.
D.C. Code § 48-903.09 — DC Code / Title 48 / Chapter 9 / § 48-903.09
§ 48-903.09. Civil infractions.
Status: in_force

Civil fines, penalties, and fees may be imposed as alternative sanctions for any infraction of the provisions of this subchapter, or any rules or regulations issued under the authority of this subchapter, pursuant to Chapter 18 of Title 2 . Adjudication of any infraction of this subchapter shall be pursuant to Chapter 18 of Title 2 .
D.C. Code § 48-831.04 — DC Code / Title 48 / Chapter 8A / § 48-831.04
§ 48-831.04. Cost containment and savings with respect to existing publicly funded pharmaceutical programs.
Status: in_force

The Department shall make every effort to reduce and contain the cost of prescription drugs purchased for publicly funded pharmaceutical assistance programs, including D.C. Medicaid, the D.C. Health Care Alliance, and the Department of Mental Health. These efforts shall include manufacturer rebates, pharmacy discounts, and reductions through aggregate purchases, and may include importation of pharmaceuticals from outside of the United States. These savings shall be deposited in the AccessRx Fund established in § 48-831.10
D.C. Code § 48-851.03 — DC Code / Title 48 / Chapter 8F / § 48-851.03
§ 48-851.03. Disposal of pharmaceuticals by health care facilities.
Status: in_force

(a) Effective January 1, 2011, it shall be unlawful for a health care facility to dispose of any pharmaceutical product, used or unused, by flushing the product down a drain or by any other method that utilizes the public sewer system, except as authorized by the Mayor through rulemaking.
(b) A health care facility that is determined to have disposed of a pharmaceutical product in a manner prohibited by this chapter or by rules issued pursuant to this chapter shall be subject to a civil fine of up to $1,000 per occurrence and required to submit to the Board of Pharmacy a mitigation plan designed to prevent further occurrences.
D.C. Code § 48-852.02 — DC Code / Title 48 / Chapter 8F / § 48-852.02
§ 48-852.02. Safe disposal of controlled substances.
Status: repealed

Repealed.
D.C. Code § 48-904.09 — DC Code / Title 48 / Chapter 9 / § 48-904.09
§ 48-904.09. Attempt; conspiracy.
Status: in_force

Any person who attempts or conspires to commit any offense defined in this subchapter is punishable by imprisonment or fine or both which may not exceed the maximum punishment prescribed for the offense, the commission of which was the object of the attempt or conspiracy.
D.C. Code § 48-702 — DC Code / Title 48 / Chapter 7 / § 48-702
§ 48-702. Prohibitions.
Status: in_force

No person shall:
(1) Manufacture, distribute, or wholesale any drug in the District of Columbia (“District”) unless the person holds a license or registration as required by this chapter issued by the Mayor to manufacture, distribute, or wholesale drugs;
(2) Manufacture, distribute, or wholesale in the District, any drug that is adulterated, misbranded, or otherwise unfit for use;
(3) Engage in manufacturing activities under a license issued pursuant to this chapter unless performed under the personal and immediate supervision of a pharmacist licensed by the District of Columbia or by an individual certified by the Mayor as having scientific or technical training or experience to perform the duties required to ensure that the licensed activity is conducted in a manner that will protect the public health and safety;
(4) Display, cause, permit to be displayed, or possess a cancelled, revoked, suspended, fictitious, or fraudulently altered license to manufacture, distribute, or wholesale drugs;
(5) Lend or transfer a license to manufacture, distribute, or wholesale drugs;
(6) Fail or refuse to surrender to the Mayor a license to manufacture, distribute, or wholesale a drug, if the license has been suspended, revoked, or cancelled, or if the manufacture, distribution, or wholesale activity has terminated;
(7) Permit an unlawful use of a license;
(8) Misrepresent or fail to state a material fact to the Mayor with respect to a license application or a licensee’s activities;
(9) Falsely represent to any person that he or she is licensed;
(10) Obtain a drug unless the drug is obtained legally from a legally authorized manufacturer, distributor, or wholesaler; or
(11) Violate any provision of this chapter, rules issued pursuant to this chapter, or any applicable federal or District law.
D.C. Code § 48-904.10 — DC Code / Title 48 / Chapter 9 / § 48-904.10
§ 48-904.10. Possession of drug paraphernalia.
Status: repealed

Repealed.