reglab/statecodes huggingface dataset:
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 16B - Use of Marijuana for Medical Treatment › § 7–1671.11. Liability

§ 7–1671.11. Liability.
(a) No liability shall be imposed by virtue of this chapter upon any duly authorized District officer engaged in the enforcement of any law relating to controlled substances.
(b) The District shall not be held liable for any deleterious outcomes from the use of medical cannabis, including the acts or omissions of any qualifying patient attributed to the use of medical cannabis.
(Feb. 25, 2010, D.C. Law 13-315, § 12; as added July 27, 2010, D.C. Law 18-210, § 2, 57 DCR 4798; Mar. 22, 2023, D.C. Law 24-332, § 3(p), 70 DCR 1582.)
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 16B - Use of Marijuana for Medical Treatment › § 7–1671.12. Public and private insurance

§ 7–1671.12. Public and private insurance.
Nothing in this chapter shall require a governmental, private, or any other health insurance provider or health care service plan to be liable for any claim for reimbursement for the use of medical cannabis.
(Feb. 25, 2010, D.C. Law 13-315, § 13; as added July 27, 2010, D.C. Law 18-210, § 2, 57 DCR 4798; Mar. 22, 2023, D.C. Law 24-332, § 3(q), 70 DCR 1582.)
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 16B - Use of Marijuana for Medical Treatment › § 7–1671.12a. Cease and desist orders

§ 7–1671.12a. Cease and desist orders.
(a) If the ABC Board or the Mayor, after investigation but before a hearing, has cause to believe that a person is violating a provision of this chapter and the violation has caused or may cause, immediate and irreparable harm to the public, the ABC Board or the Mayor may issue an order requiring the alleged violator to cease and desist immediately from the violation. The order shall be served by certified mail or hand-delivered to the licensee.
(b)(1) The alleged violator may, within 15 days after the service of the order, submit a written request to the ABC Board to hold a hearing on the alleged violation.
(2) Upon receipt of a timely request, the ABC Board shall conduct a hearing in accordance with the procedures set forth in Chapter 5 of Title 2, and issue a decision within 90 days after the hearing.
(c)(1) The alleged violator may, within 10 days after the service of an order, submit a written request to the ABC Board for an expedited hearing on the alleged violation.
(2) Upon receipt of a timely request for an expedited hearing, the ABC Board shall conduct a hearing within 10 days after the date of receiving the request and shall deliver to the alleged violator at their last known address a written notice of the hearing by any means guaranteed to be received at least 5 days before the hearing date.
(3) The ABC Board shall issue a decision within 30 days after an expedited hearing.
(d) If a request for a hearing is not timely made under subsection (b) or (c) of this section, the order of the ABC Board or the Mayor shall be final.
(e) If, after a hearing, the ABC Board determines that the alleged violator is not in violation of this chapter, the ABC Board shall revoke the order.
(f) If a person fails to comply with a lawful order of the ABC Board or the Mayor under this section, the ABC Board may petition the Superior Court of the District of Columbia for an order compelling compliance or take any other action authorized by this chapter.
(Feb. 25, 2010, D.C. Law 13-315, § 13a; as added Mar. 22, 2023, D.C. Law 24-332, § 3(r), 70 DCR 1582.)
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 16C - Penalties for commercial property owners of illegal cannabis businesses. [Not Funded] › § 7–1675.01. Penalties for commercial property owners of illegal cannabis businesses. [Not Funded]

§ 7–1675.01. Penalties for commercial property owners of illegal cannabis businesses. [Not Funded]
Not Funded.
(Mar. 22, 2023, D.C. Law 24-332, § 8, 70 DCR 1582.)
Applicability
Applicability of D.C. Law 24-332: § 9 of D.C. Law 24-332 provided that the creation of this section by § 8 of D.C. Law 24-332 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 17 - Restrictions on Tobacco Smoking › Subchapter I - General › § 7–1701. Findings and purpose

§ 7–1701. Findings and purpose.
(a) The Council of the District of Columbia finds that the inhalation of concentrated smoke resulting from the smoking of tobacco in facilities in which the public congregates is a clear danger to health and a cause of inconvenience and discomfort to persons present in such facilities.
(b) The purpose of this subchapter is to protect the public health, comfort, and environment by prohibiting smoking in certain facilities, vehicles, and restaurants open to or used by the general public and to protect children from exposure to the use of tobacco products by prohibiting their use in event sites for organized sporting events
(c) Except to the extent that § 8 of D.C. Law 3-22 modifies the Fire Prevention Code approved pursuant to the Construction Codes Approval and Amendments Act of 1986 [D.C. Law 6-216], this subchapter is intended to complement the provisions of Part 2 of those regulations and the provisions of §§ 35-251 to 35-254, which regulate public conduct on public passenger vehicles. It is not the intent of this subchapter to derogate in any manner from the provisions of the Fire Prevention Code approved pursuant to the Construction Codes Approval and Amendments Act of 1986 [D.C. Law 6-216] or from § 35-251(b)(1).
(Sept. 28, 1979, D.C. Law 3-22, § 2, 26 DCR 390; Mar. 21, 1987, D.C. Law 6-216, § 13(g), 34 DCR 1072; Mar. 29, 1988, D.C. Law 7-100, § 2(a), 35 DCR 1182; Feb. 18, 2017, D.C. Law 21-194, § 2(a), 63 DCR 15012.)
Prior Codifications
1981 Ed., § 6-911.
1973 Ed., § 6-821.
References in Text
The “Construction Codes Approval and Amendments Act of 1986,” referred to in two places in subsection (c), is D.C. Law 6-216.
Editor's Notes
Section 151 of Public Law 106-522 provided for a Federal contribution of $100,000 to the Metropolitan Police Department of the District of Columbia, effective upon the enactment by the District of Columbia of a law which banned the possession of tobacco products by minors; and provided that the Metropolitan Police Department shall use the contribution to enforce that law.
Section 130 of Pub. L. 107-96 provided for a Federal contribution of $100,000 to the Metropolitan Police Department of the District of Columbia, effective upon the enactment by the District of Columbia of a law which banned the possession of tobacco products by minors; and provided that the Metropolitan Police Department shall use the contribution to enforce that law.
Delegation of Authority
Delegation of authority under D.C. Law 3-22, the District of Columbia Smoking Restriction Act of 1979, see Mayor’s Order 90-192, December 13, 1990.
Delegation of authority pursuant to D.C. Law 3-22, the “District of Columbia Smoking Restrictions Act of 1979”, see Mayor’s Order 98-138, August 20, 1998 ( 45 DCR 6588).
Amended Delegation of authority pursuant to D.C. Law 3-22, the “District of Columbia Smoking Restrictions Act of 1979”, see Mayor’s Order 98-161, September 25, 1998 ( 45 DCR 7734).
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 17 - Restrictions on Tobacco Smoking › Subchapter I - General › § 7–1703.01. Designated nonsmoking areas in restaurants; new construction and major renovation to existing restaurants; smoking areas

§ 7–1703.01. Designated nonsmoking areas in restaurants; new construction and major renovation to existing restaurants; smoking areas.
(a) Except as provided in subsection (b) of this section, the owner, manager, or person in charge of any restaurant having a seating capacity of 50 or more shall designate at least 25% of the total seating capacity as a nonsmoking area. Bar and lounge seating in the restaurant is excluded from this total seating capacity calculation. Smoking shall be prohibited in these nonsmoking areas even if, after a certain hour, food is no longer served.
(b) Any new construction for the purpose of establishing a restaurant or major renovation, performed on or after March 29, 1988, to an existing restaurant, which has a seating capacity of 50 or more, shall contain a nonsmoking area that is at least 50% of the total seating capacity. Bar and lounge seating in the restaurant is excluded from this total seating capacity calculation. Smoking shall be prohibited in these nonsmoking areas even if, after a certain hour, food is no longer served. In accordance with § 7-1705(c), the Mayor shall define the term “major renovation”.
(c)(1) In areas where smoking is permitted pursuant to any provision of this subchapter, physical barriers or separate rooms may be used to the greatest extent possible to minimize the smoke in adjacent nonsmoking areas. Ventilation shall be in compliance with the District of Columbia laws and rules governing indoor ventilation.
(2) No area shall be designated as a smoking area where smoking is prohibited by the Fire Marshal or by other District of Columbia laws or rules.
(3) Smoking areas shall comply with all laws and rules of the District of Columbia.
(Sept. 28, 1979, D.C. Law 3-22, § 4a; as added Mar. 29, 1988, D.C. Law 7-100, § 2(d), 35 DCR 1182.)
Prior Codifications
1981 Ed., § 6-913.1.
Section References
This section is referenced in § 7-1703.
Editor's Notes
For complete smoking ban in all places of employment and public places, see § 7-742.
Delegation of Authority
Delegation of authority under D.C. Law 3-22, the District of Columbia Smoking Restriction Act of 1979, see Mayor’s Order 90-192, December 13, 1990.
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 17 - Restrictions on Tobacco Smoking › Subchapter I - General › § 7–1703.02. Regulation of smoking in any District of Columbia workplace

§ 7–1703.02. Regulation of smoking in any District of Columbia workplace.
(a) Any private or public employer in the District of Columbia (“District”) shall, within 3 months of May 2, 1991, adopt, implement, and maintain a written smoking policy that contains the following provisions:
(1) Designation of an area in the workplace where smoking may be permitted. In an area where smoking is permitted, a physical barrier or a separate room shall be used to minimize smoke in any nonsmoking area. Ventilation shall be in compliance with the District laws and rules that govern indoor ventilation.
(2) Notification to employees orally and in writing by conspicuously posting the employer’s smoking policy within 3 weeks after the smoking policy is adopted. Any person in the workplace shall be subject to the posted smoking policy of the employer.
(b) The designation of a smoking area in the workplace affects employment relations and shall be a subject of collective bargaining in accordance with § 1-617.08(b).
(c) Nothing in the Smoking Regulation Amendment Act of 1990 shall be construed to prevent the owner or person in charge of a building or any part of a building from prohibiting smoking throughout the building or in any part of the building over which she or he has control.
(Sept. 28, 1979, D.C. Law 3-22, § 4b; as added May 2, 1991, D.C. Law 8-262, § 2(b), 37 DCR 8434.)
Prior Codifications
1981 Ed., § 6-913.2.
Section References
This section is referenced in § 7-1703.
References in Text
The “Smoking Regulation Amendment Act of 1990”, referred to in (c), is D.C. Law 8-262.
Editor's Notes
For complete smoking ban in all places of employment and public places, see § 7-742.
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 17 - Restrictions on Tobacco Smoking › Subchapter I - General › § 7–1703.03. Prohibition of employment discrimination on the basis of tobacco use

§ 7–1703.03. Prohibition of employment discrimination on the basis of tobacco use.
(a) No person shall refuse to hire or employ any applicant for employment, or discharge or otherwise discriminate against any employee with respect to compensation or any other term, condition, or privilege of employment, on the basis of the use by the applicant or employee of tobacco or tobacco products. Nothing in this section shall be construed as limiting a person from establishing or enforcing workplace smoking restrictions that are required or permitted by this subchapter or other District or federal laws, or in establishing tobacco-use restrictions or prohibitions that constitute bona fide occupational qualifications.
(b) Any employee or applicant for employment who is aggrieved by a violation of subsection (a) of this section shall have a private cause of action against the person. An employee or applicant for employment shall pursue and exhaust all remedies available pursuant to any collective bargaining agreement, grievance procedure, or other established means of resolving employer-employee disputes, to resolve a violation of subsection (a) of this section, prior to commencing a civil action.
(c) Any employee or applicant for employment who is aggrieved by a violation of subsection (a) of this section shall be entitled to recover any damages, including lost or back wages or salary. The court, in its discretion, may allow the prevailing party a reasonable attorney’s fee as part of the costs.
(Sept. 28, 1979, D.C. Law 3-22, § 4c; as added Mar. 17, 1993, D.C. Law 9-240, § 2, 40 DCR 627.)
Prior Codifications
1981 Ed., § 6-913.3.
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 17 - Restrictions on Tobacco Smoking › Subchapter I - General › § 7–1703.04. No smoking within 25 feet of property signs

§ 7–1703.04. No smoking within 25 feet of property signs.
(a) A property owner or ground-floor commercial tenant has the authority to post signs on his or her property stating that smoking or the use of tobacco products is not permitted on public space within a specified distance from and abutting the building wall. That distance shall not be greater than 25 feet or the distance to the far side of the adjacent public sidewalk, if any, whichever is less.
(b) An authorized sidewalk café shall not be subject to a no-smoking sign posted pursuant to this section unless the sign has been posted by, or with the consent of, the owner or operator of the sidewalk café.
(c) The penalties in § 7-1721.06 shall not apply to this section.
(Sept. 28, 1979, D.C. Law 3-22, § 4d; as added July 23, 2010, D.C. Law 18-189, § 2, 57 DCR 3019; Sept. 26, 2012, D.C. Law 19-171, § 52(a), 59 DCR 6190; Feb. 18, 2017, D.C. Law 21-194, § 2(d), 63 DCR 15012.)
Effect of Amendments
The 2012 amendment by D.C. Law 19-171 redesignated D.C. Law 3-22, § 4c as D.C. Law 3-22, § 4d.
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 17 - Restrictions on Tobacco Smoking › Subchapter I - General › § 7–1705. Enforcement

§ 7–1705. Enforcement.
(a) The owner, lessee, manager, operator or other person in charge of a facility, event site for organized sporting events, or vehicle where smoking or the use of tobacco products is prohibited pursuant to this subchapter shall:
(1) Post and maintain the appropriate "No Smoking" or "No Use of Tobacco Products" signs; and
(2) Ask persons observed smoking or using tobacco products in violation of this subchapter to refrain from smoking or using tobacco products.
(b) Whenever the owner, lessee, manager or operator of a facility or event site for organized sporting events covered by this subchapter requires a license issued by the District of Columbia government in order to operate the facility or event site for organized sporting events, the owner, lessee, manager or operator shall comply with this subchapter as a requirement for receiving or renewing the license. Where an on-site inspection is required prior to issuance or renewal of a license, the inspector should certify that the appropriate signs have been posted. In those cases where an on-site inspection is not needed, a signed statement by the applicant that he has complied with this subchapter shall constitute sufficient evidence of compliance as required in this subsection. Violation of this subchapter shall be grounds for license suspension or revocation.
(c) The Mayor is authorized to promulgate any regulations needed to carry out the provisions of this subchapter.
(d) An aggrieved person or class of persons may bring an action in the Superior Court of the District of Columbia for injunctive relief to prevent any owner, lessee, manager, operator or person otherwise in charge of a facility, event site for organized sporting events, or vehicle where smoking or the use of tobacco products is prohibited pursuant to this subchapter from violating, or continuing to violate, any provision of this subchapter. For the purposes of this subsection, an “aggrieved person” shall be defined as any person subjected to tobacco smoke due to failure to comply with this subchapter.
(Sept. 28, 1979, D.C. Law 3-22, § 6, 26 DCR 390; Mar. 29, 1988, D.C. Law 7-100, § 2(f), 35 DCR 1182; Feb. 18, 2017, D.C. Law 21-194, § 2(f), 63 DCR 15012.)
Prior Codifications
1981 Ed., § 6-915.
1973 Ed., § 6-825.
Section References
This section is referenced in § 7-1703.01.
Delegation of Authority
Delegation of authority under D.C. Law 3-22, the District of Columbia Smoking Restriction Act of 1979, see Mayor’s Order 90-192, December 13, 1990.
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 17 - Restrictions on Tobacco Smoking › Subchapter I - General › § 7–1707. Severability

§ 7–1707. Severability.
If any provision of this subchapter, or its application to a particular person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this subchapter.
(Sept. 28, 1979, D.C. Law 3-22, § 9, 26 DCR 390.)
Prior Codifications
1981 Ed., § 6-917.
1973 Ed., § 6-827.
Delegation of Authority
Delegation of authority under D.C. Law 3-22, the District of Columbia Smoking Restriction Act of 1979, see Mayor’s Order 90-192, December 13, 1990.
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 17 - Restrictions on Tobacco Smoking › Subchapter I - General › § 7–1708. Exceptions

§ 7–1708. Exceptions.
This subchapter shall not prohibit smoking in the following areas:
(1) An area where smoking is permitted by any provision of this subchapter;
(2) A tobacco shop or store primarily concerned with selling tobacco and smoking equipment;
(3) Upon the stage by performers during the course of any theatrical performance if smoking is part of the theatrical production;
(4) A tavern or nightclub as defined in § 25-101(52) and (33), respectively; or
(5) A room or hall that is used for private social functions, which includes weddings, banquets, and parties.
(Sept. 28, 1979, D.C. Law 3-22, § 10; as added Mar. 29, 1988, D.C. Law 7-100, § 2(h), 35 DCR 1182; Mar. 2, 2007, D.C. Law 16-191, § 34, 53 DCR 6794.)
Prior Codifications
1981 Ed., § 6-918.
Effect of Amendments
D.C. Law 16-191, in par. (4), substituted “§ 25-101(52) and (33)” for “§ 25-103(17) and (23)”.
References in Text
Section 25-103, referred to in paragraph (4) of this section, is part of Title 25, D.C. Code, which title was amended and enacted by D.C. Law 13-298, effective May 3, 2001. For disposition of the subject matter of former Title 25, see the Disposition Table preceding § 25-101.
Delegation of Authority
Delegation of authority under D.C. Law 3-22, the District of Columbia Smoking Restriction Act of 1979, see Mayor’s Order 90-192, December 13, 1990.
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 17 - Restrictions on Tobacco Smoking › Subchapter I - General › § 7–1709. Tobacco smoking education and smoking cessation programs

§ 7–1709. Tobacco smoking education and smoking cessation programs.
The Mayor shall establish, in conjunction with the District of Columbia Commissioner of Public Health or any other agencies or departments of the District, a program to educate the general public on the issue of smoking and involuntary smoking, the health risks involved, and the requirements of this subchapter, explaining what the subchapter does and why it is important. The Mayor shall establish a smoking cessation program that provides free counseling, information, and whatever other assistance is deemed necessary by the District of Columbia Commissioner of Public Health for the purpose of assisting, upon request, persons residing in the District of Columbia to stop smoking tobacco products.
(Sept. 28, 1979, D.C. Law 3-22, § 11; as added Mar. 29, 1988, D.C. Law 7-100, § 2(i), 35 DCR 1182.)
Prior Codifications
1981 Ed., § 6-919.
Delegation of Authority
Delegation of authority under D.C. Law 3-22, the District of Columbia Smoking Restriction Act of 1979, see Mayor’s Order 90-192, December 13, 1990.
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 17 - Restrictions on Tobacco Smoking › Subchapter I - General › § 7–1710. Smoking prohibitions pursuant to existing law

§ 7–1710. Smoking prohibitions pursuant to existing law.
Nothing in this subchapter shall make lawful smoking in any place in which smoking is prohibited pursuant to § 6-1401 et seq., § 35-251(b), or any other District of Columbia or federal law.
(Sept. 28, 1979, D.C. Law 3-22, § 12; as added Mar. 29, 1988, D.C. Law 7-100, § 2(j), 35 DCR 1182.)
Prior Codifications
1981 Ed., § 6-920.
Delegation of Authority
Delegation of authority under D.C. Law 3-22, the District of Columbia Smoking Restriction Act of 1979, see Mayor’s Order 90-192, December 13, 1990.
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 17 - Restrictions on Tobacco Smoking › Subchapter I-A - Prohibited Sales of Tobacco › § 7–1721.03. Purchase or possession of tobacco by persons under 21 years of age; use of false identification

§ 7–1721.03. Purchase or possession of tobacco by persons under 21 years of age; use of false identification.
(a)(1) No person under 21 years of age shall purchase any tobacco product, possess any tobacco product, or attempt to purchase or possess any tobacco product.
(2) Paragraph (1) of this subsection shall not apply to a person under 21 years of age who is handling or transporting tobacco products under the terms of the person's employment.
(b) No person under 21 years of age shall falsely represent the person's age, or possess or present as proof of age an identification document which is in any way fraudulent, for the purpose of purchasing, possessing, or consuming tobacco products in the District.
(c) Repealed.
(Feb. 7, 1891, 26 Stat. 736, ch. 117, § 4; as added July 23, 2010, D.C. Law 18-189, § 3(d), 57 DCR 3019; Feb. 18, 2017, D.C. Law 21-191, § 2(c), 63 DCR 15003; Sept. 22, 2021, D.C. Law 24-25, § 2(c), 68 DCR 007332.)
Applicability
Applicability of D.C. Law 24-25: The Budget Office of the Council of the District of Columbia has determined that D.C. Law 24-25 has been funded. Therefore the amendments to this section by § 2(c) of D.C. Law 24-25 have been implemented.
Applicability of D.C. Law 24-25: § 4 of D.C. Law 24-25 provided that the change made to this section by § 2(bc of D.C. Law 24-25 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.
Section 7021 of D.C. Law 22-168 repealed section 5 of D.C. Law 21-191 removing the applicability restriction impacting this section. Therefore the amendments of this section by D.C. Law 21-191 have been implemented.
Applicability of D.C. Law 21-191: § 5 of D.C. Law 21-191 provided that the change made to this section by § 2(c) of D.C. Law 21-191 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 17 - Restrictions on Tobacco Smoking › Subchapter I-A - Prohibited Sales of Tobacco › § 7–1721.04. Self-service sale of tobacco

§ 7–1721.04. Self-service sale of tobacco.
(a) No person shall sell or distribute tobacco products, except cigars, through a self-service display.
(b) Subsection (a) of this section shall not apply to:
(1) Vending machines that are permitted under § 47-2404(b)(3); or
(2) Self-service displays that are located in a tobacco specialty store.
(c) Repealed.
(Feb. 7, 1891, 26 Stat. 736, ch. 117, § 5; as added July 23, 2010, D.C. Law 18-189, § 3(d), 57 DCR 3019; Feb. 18, 2017, D.C. Law 21-191, § 2(d), 63 DCR 15003; Sept. 22, 2021, D.C. Law 24-25, § 2(d), 68 DCR 007332.)
Section References
This section is referenced in § 7-1721.07.
Applicability
Applicability of D.C. Law 24-25: The Budget Office of the Council of the District of Columbia has determined that D.C. Law 24-25 has been funded. Therefore the amendments to this section by § 2(d) of D.C. Law 24-25 have been implemented.
Applicability of D.C. Law 24-25: § 4 of D.C. Law 24-25 provided that the change made to this section by § 2(d) of D.C. Law 24-25 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.
Section 7021 of D.C. Law 22-168 repealed section 5 of D.C. Law 21-191 removing the applicability restriction impacting this section. Therefore the amendments of this section by D.C. Law 21-191 have been implemented.
Applicability of D.C. Law 21-191: § 5 of D.C. Law 21-191 provided that the change made to this section by § 2(d) of D.C. Law 21-191 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 17 - Restrictions on Tobacco Smoking › Subchapter I-A - Prohibited Sales of Tobacco › § 7–1721.05. Package requirements

§ 7–1721.05. Package requirements.
(a) No person shall sell or distribute to any person within the District of Columbia any cigarettes except in packages containing no less than 20 cigarettes.
(b) This section does not apply to a tobacco specialty store.
(c) Repealed.
(d) Any license to sell tobacco products issued pursuant to § 47-2404 may be suspended for a first or second violation of subsection (a) of this section. The license shall be revoked for a third or subsequent violation of subsection (a) of this section.
(Feb. 7, 1891, 26 Stat. 736, ch. 117, § 6; as added July 23, 2010, D.C. Law 18-189, § 3(d), 57 DCR 3019; Feb. 18, 2017, D.C. Law 21-191, § 2(e), 63 DCR 15003; Sept. 22, 2021, D.C. Law 24-25, § 2(e), 68 DCR 007332.)
Section References
This section is referenced in § 7-1721.07.
Applicability
Applicability of D.C. Law 24-25: The Budget Office of the Council of the District of Columbia has determined that D.C. Law 24-25 has been funded. Therefore the amendments to this section by § 2(e) of D.C. Law 24-25 have been implemented.
Applicability of D.C. Law 24-25: § 4 of D.C. Law 24-25 provided that the change made to this section by § 2(e) of D.C. Law 24-25 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.
Section 7021 of D.C. Law 22-168 repealed section 5 of D.C. Law 21-191 removing the applicability restriction impacting this section. Therefore the amendments of this section by D.C. Law 21-191 have been implemented.
Applicability of D.C. Law 21-191: § 5 of D.C. Law 21-191 provided that the change made to this section by § 2(e) of D.C. Law 21-191 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 17 - Restrictions on Tobacco Smoking › Subchapter I-A - Prohibited Sales of Tobacco › § 7–1721.06. Prohibited sellers

§ 7–1721.06. Prohibited sellers.
(a) Except as provided in subsection (b) of this section, no tobacco product shall be sold to individual customers from mobile vending motor vehicles and trailers that sell retail food products ready for immediate consumption.
(b) Cigarettes may be sold at hotdog stands and construction site food wagons by vendors who are licensed pursuant to § 47-2404.
(c) No single cigar containing reconstituted tobacco products shall be sold to individual customers at convenience stores and gas stations.
(d) Repealed.
(Feb. 7, 1891, 26 Stat. 736, ch. 117, § 7; as added July 23, 2010, D.C. Law 18-189, § 3(d), 57 DCR 3019; Feb. 18, 2017, D.C. Law 21-191, § 2(f), 63 DCR 15003; Sept. 22, 2021, D.C. Law 24-25, § 2(f), 68 DCR 007332.)
Section References
This section is referenced in § 7-1703.04 and § 7-1721.07.
Applicability
Applicability of D.C. Law 24-25: The Budget Office of the Council of the District of Columbia has determined that D.C. Law 24-25 has been funded. Therefore the amendments to this section by § 2(f) of D.C. Law 24-25 have been implemented.
Applicability of D.C. Law 24-25: § 4 of D.C. Law 24-25 provided that the change made to this section by § 2(f) of D.C. Law 24-25 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.
Section 7021 of D.C. Law 22-168 repealed section 5 of D.C. Law 21-191 removing the applicability restriction impacting this section. Therefore the amendments of this section by D.C. Law 21-191 have been implemented.
Applicability of D.C. Law 21-191: § 5 of D.C. Law 21-191 provided that the change made to this section by § 2(f) of D.C. Law 21-191 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 17 - Restrictions on Tobacco Smoking › Subchapter I-A - Prohibited Sales of Tobacco › § 7–1721.07. Civil penalties

§ 7–1721.07. Civil penalties.
(a)(1) A violation of section 3, 5, 6, or 7 shall be subject to a civil penalty of not less than $100 and not more than $500 for the first violation. For a subsequent violation, a person shall be subject to a civil penalty of not less than $500 and not more than $1,000.
(2) Any person who violates § 7-1721.03(a) may be subject to a civil penalty of $25.
(3) Any person who violates § 7-1721.03(b) may be subject to a civil penalty of:
(A) $100 the first time the offense or offenses occurred;
(B) $200 the second time the offense or offenses occurred; and
(C) $300 the third and subsequent times the offense or offenses occurred.
(4) A person who violates § 7-1721.08 shall be subject to a civil penalty of:
(A) Not more than $25 per violation, if the person committing the violation is an individual; and
(B) Not more than $10,000 per violation, if the person committing the violation is a person other than an individual.
(5) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, may issue rules to increase the amount of the fine for a violation of § 7-1721.03(a) or (b).
(b) A violation of the provisions described in subsection (a) of this section shall be a civil infraction for the purposes of Chapter 18 of Title 2. Adjudication of any such civil infractions shall be pursuant to Chapter 18 of Title 2.
(c)(1) Law enforcement officers shall not be involved in the enforcement of the provisions described in subsection (a) of this section.
(2) For the purposes of this subsection, the term "law enforcement officer" means:
(A) A sworn member of the Metropolitan Police Department;
(B) A sworn member of the District of Columbia Protective Services;
(C) The Director, deputy directors, and officers of the District of Columbia Department of Corrections;
(D) Any probation, parole, supervised release, community supervision, or pretrial services officer of the Court Services and Offender Supervision Agency or the Pretrial Services Agency; and
(E) Metro Transit police officers.
(Feb. 7, 1891, 26 Stat. 736, ch. 117, § 8; as added July 23, 2010, D.C. Law 18-189, § 3(d), 57 DCR 3019; Sept. 22, 2021, D.C. Law 24-25, § 2(g), 68 DCR 007332.)
Applicability
Applicability of D.C. Law 24-25: The Budget Office of the Council of the District of Columbia has determined that D.C. Law 24-25 has been funded. Therefore the amendments to this section by § 2(8) of D.C. Law 24-25 have been implemented.
Applicability of D.C. Law 24-25: § 4 of D.C. Law 24-25 provided that the change made to this section by § 2(g) of D.C. Law 24-25 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 17 - Restrictions on Tobacco Smoking › Subchapter I-A - Prohibited Sales of Tobacco › § 7–1721.08. Prohibitions on flavored tobacco products and electronic smoking devices

§ 7–1721.08. Prohibitions on flavored tobacco products and electronic smoking devices.
(a) No person shall sell, offer for sale, receive for sale, distribute, purchase, or facilitate the sale of:
(1) A flavored tobacco product; or
(2) An electronic smoking device within one quarter mile of any middle or high school in the District.
(b) There shall be a rebuttable presumption that a tobacco product is a flavored tobacco product if a manufacturer or any of the manufacturer's agents or employees, in the course of their agency or employment, has:
(1) Made a public statement or claim directed to the public regarding a characterizing flavor;
(2) Used text or images on the tobacco product's packaging to explicitly or implicitly indicate that the tobacco product imparts a characterizing flavor; or
(3) Taken action directed to consumers that would be reasonably expected to cause consumers to believe that the tobacco product imparts a characterizing flavor.
(c) Any license to sell tobacco products issued pursuant to § 47-2404:
(1) May be suspended, after a hearing, for a first or second violation of subsection (a) of this section; and
(2) Shall be revoked, after a hearing, for a third or subsequent violation of subsection (a) of this section.
(d) In addition to the penalties described in § 7-1721.07(a)(4), a violation of subsection (a) of this section shall constitute a violation of § 28-3904. The Attorney General for the District of Columbia may use the Attorney General's investigatory powers pursuant to § 28-3910 and enforcement authority pursuant to § 28-3909 to investigate or prosecute suspected violations of subsection (a) of this section.
(e)(1) Notwithstanding the provisions of this section, the sale for on-site consumption of flavored tobacco products intended to be used with a hookah shall be permitted for any hookah bar doing business in the District as of September 30, 2021. All flavored tobacco products sold pursuant to this subsection shall be consumed on site and may not be taken off premises.
(2) A hookah bar doing business in the District as of September 30, 2021, shall not need to relocate to be in compliance with this section.
(Feb. 7, 1891, 26 Stat. 736, ch. 117, § 9; as added Sept. 22, 2021, D.C. Law 24-25, § 2(h), 68 DCR 007332.)
Applicability
Applicability of D.C. Law 24-25: The Budget Office of the Council of the District of Columbia has determined that D.C. Law 24-25 has been funded. Therefore the creation of this section by § 2(h) of D.C. Law 24-25 has been implemented.
Applicability of D.C. Law 24-25: § 4 of D.C. Law 24-25 provided that the creation this section by § 2(h) of D.C. Law 24-25 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore the creation of this section has not been implemented.
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 17 - Restrictions on Tobacco Smoking › Subchapter II - Distribution of Free Cigarettes › § 7–1731. Distribution of free cigarettes prohibited; penalty

§ 7–1731. Distribution of free cigarettes prohibited; penalty.
(a)(1) No person, agent, or employee of any person shall, in the course of doing business, distribute any free tobacco product to any person on any public street, public sidewalk, public park, playground, in a public building, other public property, or private property open to the public, except that tobacco products may be distributed at a tobacco store, a convention, or a conference catering to adults; provided, that no tobacco product shall be distributed to persons under 21 years of age.
(2) For the purposes of this subsection, the term "tobacco product" shall have the same meaning as provided in § 7-1721.01(1).
(b) Any person who violates subsection (a) of this section shall, upon conviction, be fined not less than $250 for each violation.
(May 2, 1991, D.C. Law 8-262, § 5, 37 DCR 8434; Feb. 18, 2017, D.C. Law 21-191, § 3, 63 DCR 15003.)
Prior Codifications
1981 Ed., § 6-920.1.
Applicability
Section 7021 of D.C. Law 22-168 repealed section 5 of D.C. Law 21-191 removing the applicability restriction impacting this section. Therefore the amendments of this section by D.C. Law 21-191 have been implemented.
Applicability of D.C. Law 21-191: § 5 of D.C. Law 21-191 provided that the change made to this section by § 3 of D.C. Law 21-191 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.
Emergency Legislation
For temporary (90-day) requirement that certain manufacturers establish a reserve fund, see §§ 2 and 3 of the Tobacco Settlement Model Emergency Act of 1999 (D.C. Act 13-109, June 30, 1999, 46 DCR 5769).
For temporary (90-day) requirement that certain manufacturers establish a reserve fund, see §§ 2 and 3 of the Tobacco Settlement Model Congressional Review Emergency Act of 1999 (D.C. Act 13-139, September 28, 1999, 46 DCR 7963).
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 17 - Restrictions on Tobacco Smoking › Subchapter III - Fire-Standard-Compliant Cigarettes › § 7–1751. Definitions

§ 7–1751. Definitions.
For the purposes of this subchapter, the term:
(1) “Cigarette” means any product that contains any amount of nicotine, regardless of size, shape, or presence of other ingredients, that is intended to be burned or heated and consists of or contains any roll of tobacco wrapped in paper, or in any other substance other than tobacco, and because of its appearance, the type of tobacco used, and its packaging or labeling is offered to or purchased by consumers for smoking.
(2) “Consumer testing” means an assessment of cigarettes that is conducted by a manufacturer, or under the control and direction of a manufacturer, for the purpose of evaluating consumer acceptance of the cigarettes, utilizing only the quantity of cigarettes that is reasonably necessary for the assessment, and in a controlled setting where the cigarettes are either consumed on-site or returned to the testing administrators at the conclusion of the testing.
(3) “Fire-standard-compliant cigarette” means a cigarette that:
(A) Has been tested pursuant to this subchapter; and
(B) Has met the performance standard required by this subchapter.
(4) “Manufacturer” means any person or entity that manufactures or produces cigarettes or causes cigarettes to be manufactured or produced, whether in or outside the District, for sale in the District directly or through an importer, wholesale dealer, or retail dealer, including any first purchaser that intends to resell cigarettes.
(5) “Quality control and quality assurance program” means laboratory procedures implemented to ensure that operator bias, systematic and nonsystematic methodological errors, and equipment-related problems do not affect the results of the testing and that maintain a repeatability value of no greater than 0.19.
(6) “Repeatability” means the range of values within which the repeat results of cigarette test trials from a single laboratory will fall 95% of the time.
(7) “Retail dealer” means any person, other than a manufacturer or wholesale dealer, engaged in the sale of cigarettes.
(8) “Sale” or “selling” means any transfer of title or possession, or both, exchange or barter, conditional or otherwise, including the giving of cigarettes as samples, prizes, or gifts, and the exchange of cigarettes for any consideration.
(9) “Wholesale dealer” means any person, including a wholesale dealer’s agent, that sells cigarettes to retail dealers or other persons for resale, including any person that owns, operates, or maintains one or more cigarette vending machines in the District of Columbia.
(May 13, 2008, D.C. Law 17-157, § 2, 55 DCR 3703.)
Editor's Notes
Section 9 of D.C. Law 17-157 provided that sections 2 through 7 shall apply as of July 1, 2008.
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 17 - Restrictions on Tobacco Smoking › Subchapter III - Fire-Standard-Compliant Cigarettes › § 7–1752. Prohibition on sale of cigarettes that are not fire-standard-compliant

§ 7–1752. Prohibition on sale of cigarettes that are not fire-standard-compliant.
No cigarette may be sold or offered for sale in the District of Columbia unless:
(1) It has been tested in accordance with the test method specified in § 7-1753(a)(2);
(2) It meets the performance standard required by § 7-1753(a)(4);
(3) The manufacturer has filed a written certification with the Mayor, or the Mayor’s delegate, in accordance with § 7-1754; and
(4) It has been marked in accordance with § 7-1754(b).
(May 13, 2008, D.C. Law 17-157, § 3, 55 DCR 3703.)
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 17 - Restrictions on Tobacco Smoking › Subchapter III - Fire-Standard-Compliant Cigarettes › § 7–1753. Test method and performance standard

§ 7–1753. Test method and performance standard.
(a) The test method and performance standard for cigarettes sold or offered for sale in the District of Columbia shall include the following:
(1) A laboratory that conducts a test in accordance with this subsection shall implement a quality control and quality assurance program.
(2) Except as provided in subsection (b) of this section, the testing of cigarettes by manufacturers and the District of Columbia to determine compliance with this subchapter shall be conducted in accordance with the American Society of Testing and Materials (“ASTM”) “Standard Test Method for Measuring the Ignition Strength of Cigarettes” (“ASTM Standard E2187-04”).
(3) The testing of cigarettes shall be conducted on 10 layers of filter paper.
(4) No more than 25% of the cigarettes tested in a test trial shall exhibit full-length burns.
(5) The performance standard required by this section shall only be applied to a complete test trial.
(6) Forty replicate tests shall comprise a complete test trial for each cigarette tested.
(b)(1) If the Mayor determines that cigarettes of a manufacturer cannot be tested in accordance with the test method described in subsection (a) of this section, the Mayor may approve a test method and performance standard proposed by the manufacturer, or other entity, that the Mayor determines are equivalent to and as effective as the test method and performance standard described in subsection (a) of this section.
(2) Following approval by the Mayor of an alternate test method and a determination by the Mayor that the performance standard proposed by the manufacturer, or other entity, is equivalent to the performance standard described in subsection (a) of this section, the manufacturer may use that test method to meet the performance standard required by this subchapter for certification pursuant to § 7-1754.
(c) Each cigarette listed in a certification submitted pursuant to § 7-1754 that uses lowered permeability bands in the cigarette paper to achieve compliance with the performance standard set forth in this section shall have at least 2 nominally identical bands on the paper surrounding the tobacco column. At least one complete band shall be located at least 15 millimeters from the lighting end of the cigarette. For cigarettes on which the bands are positioned by design, there shall be at least 2 bands fully located at least 15 millimeters from the lighting end and 10 millimeters from the filter end of the tobacco column, or 10 millimeters from the labeled end of the tobacco column for non-filtered cigarettes.
(May 13, 2008, D.C. Law 17-157, § 4, 55 DCR 3703.)
Section References
This section is referenced in § 7-1752 and § 7-1754.
Delegation of Authority
Delegation of Authority pursuant to D.C. Law 17-157, the Fire-Standard-Compliant Cigarettes Act of 2008, see Mayor’s Order 2008-90, June 23, 2008 ( 55 DCR 9369).
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 17 - Restrictions on Tobacco Smoking › Subchapter III - Fire-Standard-Compliant Cigarettes › § 7–1754. Manufacturer’s certification

§ 7–1754. Manufacturer’s certification.
(a)(1) Each manufacturer shall submit written certification to the Mayor attesting that its cigarettes have been tested in accordance with this subchapter and meet the performance standard required under § 7-1753.
(2) The submission shall include a description of each cigarette being certified, including the:
(A) Brand;
(B) Style;
(C) Length in millimeters;
(D) Circumference in millimeters;
(E) Flavor, if applicable;
(F) Filter or non-filter;
(G) Package description, such as a soft pack or box; and
(H) Mark required pursuant to subsection (b) of this section.
(3) Each cigarette certified under this subsection shall be recertified every 3 years.
(b)(1) Packaging for certified fire-standard-compliant cigarettes shall be marked in 8-point type or larger to indicate that the cigarettes have been tested using the test method and meet the performance standard required by this subchapter.
(2) The manufacturer shall use only one mark and the mark used shall consist of:
(A) The letters “FSC,” which signify that the cigarette is fire-standard-compliant; or
(B) Any mark approved for sale in New York or another state that has enacted fire-standard-compliance standards for cigarettes that include the test method and performance standard specified in § 7-1753.
(May 13, 2008, D.C. Law 17-157, § 5, 55 DCR 3703; Mar. 25, 2009, D.C. Law 17-353, § 235, 56 DCR 1117.)
Section References
This section is referenced in § 7-1752, § 7-1753, and § 7-1756.
Effect of Amendments
D.C. Law 17-353 validated a previously made technical correction in subsec. (b)(2)(A).
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 17 - Restrictions on Tobacco Smoking › Subchapter III - Fire-Standard-Compliant Cigarettes › § 7–1755. Manufacturer’s data retention and availability requirements

§ 7–1755. Manufacturer’s data retention and availability requirements.
(a) A manufacturer shall:
(1) Retain all data from testing conducted on cigarettes that are offered for sale in the District of Columbia pursuant to this subchapter for 3 years; and
(2) Make the data available to the Mayor and the Attorney General for the District of Columbia upon written request to verify compliance with the performance standard required by this subchapter.
(b) Any manufacturer who fails to make copies of these reports available within 60 days of receiving a written request shall be subject to a penalty pursuant to § 7-1756 for each day after the 60th day that the manufacturer does not make the copies available.
(May 13, 2008, D.C. Law 17-157, § 6, 55 DCR 3703.)