reglab/statecodes huggingface dataset:
2023 District of Columbia Code › Title 48 - Foods and Drugs › Chapter 8F - Safe Disposal of Unused Pharmaceuticals › Subchapter II - Safe Disposal of Controlled Substances. [Repealed] › § 48–852.04. Registrants authorized to collect; authorized collection activities. [Repealed]

§ 48–852.04. Registrants authorized to collect; authorized collection activities. [Repealed]
Repealed.
(Apr. 11, 2019, D.C. Law 22-285, § 5, 66 DCR 1621; Nov. 13, 2021, D.C. Law 24-45, § 7173, 68 DCR 010163.)
Applicability
Applicability of D.C. Law 22-285: § 8 of D.C. Law 22-285 provided that the creation of this section by § 5 of D.C. Law 22-285 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 48 - Foods and Drugs › Chapter 8F - Safe Disposal of Unused Pharmaceuticals › Subchapter II - Safe Disposal of Controlled Substances. [Repealed] › § 48–852.05. Collection receptacles. [Repealed]

§ 48–852.05. Collection receptacles. [Repealed]
Repealed.
(Apr. 11, 2019, D.C. Law 22-285, § 6, 66 DCR 1621; Nov. 13, 2021, D.C. Law 24-45, § 7173, 68 DCR 010163.)
Applicability
Applicability of D.C. Law 22-285: § 8 of D.C. Law 22-285 provided that the creation of this section by § 6 of D.C. Law 22-285 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 48 - Foods and Drugs › Chapter 8F - Safe Disposal of Unused Pharmaceuticals › Subchapter II - Safe Disposal of Controlled Substances. [Repealed] › § 48–852.06. Collection receptacles at long-term care facilities. [Repealed]

§ 48–852.06. Collection receptacles at long-term care facilities. [Repealed]
Repealed.
(Apr. 11, 2019, D.C. Law 22-285, § 7, 66 DCR 1621; Nov. 13, 2021, D.C. Law 24-45, § 7173, 68 DCR 010163.)
Applicability
Applicability of D.C. Law 22-285: § 8 of D.C. Law 22-285 provided that the creation of this section by § 7 of D.C. Law 22-285 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 48 - Foods and Drugs › Chapter 8F - Safe Disposal of Unused Pharmaceuticals › Subchapter II - Safe Disposal of Controlled Substances. [Repealed] › § 48–852.07. Applicability. [Repealed]

§ 48–852.07. Applicability. [Repealed]
Repealed.
(Apr. 11, 2019, D.C. Law 22-285, § 8, 66 DCR 1621; Nov. 13, 2021, D.C. Law 24-45, § 7173, 68 DCR 010163.)
2023 District of Columbia Code › Title 48 - Foods and Drugs › Chapter 8G - Prescription Drug Monitoring › § 48–853.02. Program establishment; Director’s authority

§ 48–853.02. Program establishment; Director’s authority.
(a) There is established the Prescription Drug Monitoring Program within the Department. The Program shall:
(1) Establish, maintain, and administer an electronic system to monitor the dispensing of covered substances;
(2) Provide dispensers with a basic file layout to enable electronic transmission of the information required under this chapter; and
(3) Establish and maintain a process for verifying the credentials of and authorizing the use of prescription information by those individuals and agencies listed in § 48-853.05(b) and (c).
(b) The Director may contract with another District agency or a private vendor as may be necessary for the implementation and maintenance of the Program. Any such contractor shall be bound to comply with the provisions regarding confidentiality of data in this chapter and shall be subject to the penalties specified in this chapter.
(c) The Director shall also establish a multi-discipline advisory committee, which shall function under the Department to assist in the implementation and evaluation of the Program.
(Feb. 22, 2014, D.C. Law 20-66, § 3, 61 DCR 7.)
Section References
This section is referenced in § 48-853.01.
2023 District of Columbia Code › Title 48 - Foods and Drugs › Chapter 8G - Prescription Drug Monitoring › § 48–853.03a. Registration requirement for prescribers and dispensers. [Repealed]

§ 48–853.03a. Registration requirement for prescribers and dispensers. [Repealed]
Repealed.
(Feb. 22, 2014, D.C. Law 20-66, § 4a; as added Apr. 11, 2019, D.C. Law 22-288, § 401(a), 66 DCR 1656; June 24, 2020, D.C. Law 23-116, § 4(a), 67 DCR 5081.)
Emergency Legislation
For temporary (90 days) repeal of applicability provision of D.C. Law 22-288, see § 7168 of Fiscal Year 2020 Budget Support Congressional Review Emergency Act of 2019 (D.C. Act 23-112, Sept. 4, 2019, 66 DCR 11964).
For temporary (90 days) repeal of applicability provision of D.C. Law 22-288, see § 7168 of Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497).
2023 District of Columbia Code › Title 48 - Foods and Drugs › Chapter 8G - Prescription Drug Monitoring › § 48–853.03b. Registration requirement for practitioners and dispensers

§ 48–853.03b. Registration requirement for practitioners and dispensers.
(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.
(Feb. 22, 2014, D.C. Law 20-66, § 4b; as added June 24, 2020, D.C. Law 23-116, § 4(b), 67 DCR 5081.)
2023 District of Columbia Code › Title 48 - Foods and Drugs › Chapter 8G - Prescription Drug Monitoring › § 48–853.04. Authority to access database

§ 48–853.04. Authority to access database.
(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.
(Feb. 22, 2014, D.C. Law 20-66, § 5, 61 DCR 7; Apr. 11, 2019, D.C. Law 22-288, § 401(b), 66 DCR 1656.)
Emergency Legislation
For temporary (90 days) repeal of applicability provision of D.C. Law 22-288, see § 7168 of Fiscal Year 2020 Budget Support Congressional Review Emergency Act of 2019 (D.C. Act 23-112, Sept. 4, 2019, 66 DCR 11964).
For temporary (90 days) repeal of applicability provision of D.C. Law 22-288, see § 7168 of Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497).
2023 District of Columbia Code › Title 48 - Foods and Drugs › Chapter 8G - Prescription Drug Monitoring › § 48–853.06. Interoperability; information exchange with other prescription drug monitoring programs

§ 48–853.06. Interoperability; information exchange with other prescription drug monitoring programs.
(a) The Director may enter into written agreements with other prescription drug monitoring programs, or a third party, approved by the Director, that operates an interstate prescription drug monitoring exchange, for the purpose of interoperability and the mutual exchange of information among prescription drug monitoring programs, and describing the terms and conditions for the sharing of prescription information under this section.
(b) The Director may provide prescription monitoring information pursuant to such agreements, which shall only use the information for the purposes allowed by this chapter.
(c) The Director may request and receive prescription drug monitoring information from other states’ prescription drug monitoring programs and may use the information under the provisions of this chapter.
(Feb. 22, 2014, D.C. Law 20-66, § 7, 61 DCR 7.)
2023 District of Columbia Code › Title 48 - Foods and Drugs › Chapter 8G - Prescription Drug Monitoring › § 48–853.07. Criteria for indicators of misuse; Director’s authority to disclose information; intervention

§ 48–853.07. Criteria for indicators of misuse; Director’s authority to disclose information; intervention.
(a) The Director may establish through rulemaking:
(1) Criteria for indicators of misuse or abuse of covered substances;
(2) A method for analysis of data collected by the Program using the criteria for indicators of misuse or abuse of covered substances;
(3) Criteria for indications of a possible violation of law or a possible breach of professional standards by a prescriber or dispenser; and
(4) A method for analysis of data collected by the Program using the criteria for indications of a possible violation of law or a possible breach of professional standards by a prescriber or dispenser.
(b)(1) Upon the development of the criteria and data analysis, the Program may review prescription monitoring program data for indications of:
(A) Possible misuse or abuse of a covered prescription drug; and
(B) A possible violation of law or possible breach of professional standards by a prescriber or a dispenser.
(2) If the Program's review of prescription monitoring data indicates a possible violation of paragraph (1) of this subsection, the Director may, in addition to any discretionary disclosure of information pursuant to this chapter:
(A) Report the possible misuse or abuse by a patient to the specific prescriber or dispenser of the covered prescription drug for the purpose of intervention to prevent such misuse or abuse;
(B) Notify the prescriber or dispenser of the possible violation of law or possible breach of professional standards; and
(C) Provide education to the prescriber or dispenser.
(Feb. 22, 2014, D.C. Law 20-66, § 8, 61 DCR 7; Apr. 11, 2019, D.C. Law 22-288, § 401(d), 66 DCR 1656.)
Emergency Legislation
For temporary (90 days) repeal of applicability provision of D.C. Law 22-288, see § 7168 of Fiscal Year 2020 Budget Support Congressional Review Emergency Act of 2019 (D.C. Act 23-112, Sept. 4, 2019, 66 DCR 11964).
For temporary (90 days) repeal of applicability provision of D.C. Law 22-288, see § 7168 of Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497).
2023 District of Columbia Code › Title 48 - Foods and Drugs › Chapter 8G - Prescription Drug Monitoring › § 48–853.08. Immunity from liability

§ 48–853.08. Immunity from liability.
(a) The Director and the employees of the Department shall not be liable for any civil damages resulting from the accuracy or inaccuracy of any information reported, compiled, or maintained by the Program pursuant to this chapter.
(b) The Director and the employees of the Department shall not be liable for any civil damages resulting from the disclosure of or failure to disclose any information in compliance with this chapter and the Department’s regulations.
(c) In the absence of gross negligence or willful misconduct, prescribers or dispensers complying in good faith with the reporting requirements of this chapter shall not be liable for any civil damages for any act or omission resulting from the submission of such required reports.
(Feb. 22, 2014, D.C. Law 20-66, § 9, 61 DCR 7.)
2023 District of Columbia Code › Title 48 - Foods and Drugs › Chapter 8G - Prescription Drug Monitoring › § 48–853.09. Unlawful disclosure of information and acts; disciplinary action authorized; penalties

§ 48–853.09. Unlawful disclosure of information and acts; disciplinary action authorized; penalties.
(a) It shall be unlawful for any person having access to the confidential information in possession of the Program or any data or reports produced by the Program to disclose the confidential information except as provided in this chapter. Any person who discloses this confidential information in violation of the provisions of this chapter shall be guilty of a misdemeanor upon conviction.
(b) It shall be unlawful for any person who lawfully receives confidential information from the Program to redisclose or use the confidential information in any way other than the authorized purpose for which the request was made. Any person who discloses confidential information in violation of this chapter shall be guilty of a misdemeanor upon conviction.
(c) Nothing in this section shall prohibit a person who prescribes or dispenses a covered substance required to be reported to the program from redisclosing information obtained from the Program to another prescriber or dispenser who has prescribed or dispensed a covered substance to the same patient.
(d) Unauthorized use or disclosure of confidential information received from the Program shall also be grounds for disciplinary action by the relevant health occupations board.
(Feb. 22, 2014, D.C. Law 20-66, § 10, 61 DCR 7.)
2023 District of Columbia Code › Title 48 - Foods and Drugs › Chapter 8G - Prescription Drug Monitoring › § 48–853.10. Rules

§ 48–853.10. Rules.
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.
(Feb. 22, 2014, D.C. Law 20-66, § 11, 61 DCR 7.)
2023 District of Columbia Code › Title 48 - Foods and Drugs › Chapter 8H - Specialty Drug Copayment Limitation › § 48–855.02. Specialty drug copayment or coinsurance limitation

§ 48–855.02. Specialty drug copayment or coinsurance limitation.
(a)(1) A health benefit plan that provides coverage for prescription drugs shall ensure that a required copayment or coinsurance applicable to a drug on a specialty tier does not exceed $150 per month for up to a 30-day supply of the specialty drug or $300 for a 90-day supply.
(2) On July 1 of each year, the limit on a required copayment or coinsurance applicable to a drug on a specialty tier provided in paragraph (1) of this subsection shall increase by a percentage equal to the percentage change from the preceding year in the medical care component of the March Consumer Price Index for All Urban Consumers, Washington-Arlington-Alexandria, DC-VA-MD-WV metropolitan area, as published by the Bureau of Labor Statistics of the United States Department of Labor.
(b)(1) For a health benefit plan that provides coverage for prescription drugs and utilizes a tiered formulary, a member or member representative shall have the right to request that a non-preferred drug be covered under the cost sharing applicable for preferred drugs if the prescribing physician determines that the preferred drug for treatment of the same condition either would not be as effective for the individual or would have adverse effects for the individual, or both.
(2) The denial of a request made pursuant to paragraph (1) of this subsection shall be considered an adverse event and shall be subject to the health benefit plan's internal review process.
(c) A health benefit plan that provides coverage for prescription drugs shall not place all drugs in a given class of drugs on a specialty tier.
(d) Nothing in this section shall be construed to require a health benefit plan to:
(1) Provide coverage for any additional drugs not otherwise required by law;
(2) Implement specific utilization management techniques, such as prior authorization or step therapy; or
(3) Cease the use of tiered cost-sharing structures, including strategies used to incentivize use of preventive services, disease management, and low-cost treatment options.
(e) Nothing in this section shall be construed to require a pharmacist to substitute a drug without the consent of the prescribing physician.
(f) A health insurer shall not be precluded from requiring specialty drugs to be obtained through a designated pharmacy or other source of specialty drugs.
(Apr. 7, 2017, D.C. Law 21-248, § 3, 64 DCR 1624; Mar. 16, 2021, D.C. Law 23-252, § 2(b), 68 DCR 001151.)
2023 District of Columbia Code › Title 48 - Foods and Drugs › Chapter 8H - Specialty Drug Copayment Limitation › § 48–855.02a. Insulin copayment or coinsurance limitation

§ 48–855.02a. Insulin copayment or coinsurance limitation.
(a) A health insurer that provides coverage for prescription insulin drugs pursuant to the terms of a health benefits plan the insurer offers shall limit the total amount that an insured is required to pay for a 30-day supply of covered prescription insulin drugs at an amount not to exceed $30, regardless of the quantity or type of covered prescription insulin drug used to fill the insured's prescription.
(b) A health insurer that provides coverage for diabetes devices and diabetic ketoacidosis devices pursuant to the terms of a health benefits plan offered by the insurer, shall limit the total amount that an insured is required to pay for a 30-day supply of all medically necessary covered diabetes devices and diabetic ketoacidosis devices that are in accordance with the insured's diabetes treatment plan at an amount not to exceed $100.
(c) Pursuant to subsections (a) and (b) of this section, prescription insulin drugs, diabetes devices, and diabetic ketoacidosis devices shall be covered without being subject to a deductible and any cost sharing paid by an insured shall be applied toward the insured's deductible and out of pocket maximum obligations.
(d) Nothing in this section prevents an insurer from reducing an insured's copayment or coinsurance by an amount greater than the amount specified in subsections (a) and (b) of this section.
(e) On July 1 of each year, the limit on a required copayment or coinsurance an insured is required to pay under subsections (a) and (b) of this section shall increase by a percentage equal to the percentage change from the preceding year in the medical care component of the Consumer Price Index for All Urban Consumers, Washington-Arlington-Alexandria, DC-VA-MD-WV metropolitan area, as published by the Bureau of Labor Statistics of the United States Department of Labor.
(f) This section shall apply as of January 1, 2022.
(April 7, 2017, D.C. Law 21-248, § 3a; as added Mar. 16, 2021, D.C. Law 23-252, § 2(d), 68 DCR 001151; Sept. 21, 2022, D.C. Law 24-170, § 5, 69 DCR 009207.)
2023 District of Columbia Code › Title 48 - Foods and Drugs › Chapter 8H - Specialty Drug Copayment Limitation › § 48–855.02b. Calculation of member's contributions for a prescription drug covered under the health benefit plan

§ 48–855.02b. Calculation of member's contributions for a prescription drug covered under the health benefit plan.
(a) Except as otherwise provided in subsection (b) of this section, when calculating a member's contribution to their coinsurance, copayment, cost-sharing responsibility, deductible, or out-of-pocket maximum under the member's health benefit plan, the health insurer shall include any discount, financial assistance payment, product voucher, or any other out-of-pocket expense made by or on behalf of the member for a prescription drug covered under the member's health benefit plan that:
(1) Is without a generic drug equivalent or an interchangeable biological product preferred under the health benefit plan's formulary; or
(2) Has a generic equivalent drug or an interchangeable biological product preferred under the health benefit plan's formulary where the member has obtained access to the drug through prior authorization, a step therapy protocol, or the exception or appeal process of the health insurer or pharmacy benefits manager.
(b) Subsection (a) of this section shall not apply to a member covered by a high deductible health plan, as that term is defined under 26 U.S.C. § 223, until the member satisfies their minimum deductible; except, that subsection (a) of this section shall apply to contribution amounts made for preventative care, as that term is defined under 26 U.S.C. § 223(c)(2)(C).
(c) This section shall apply to health benefit plans entered into, amended, extended, or renewed on or after January 1, 2025.
(Apr. 17, 2017, D.C. Law 21-248, § 3b; as added July 20, 2023, D.C. Law 25-26, § 2(b), 70 DCR 7912.)
2023 District of Columbia Code › Title 48 - Foods and Drugs › Chapter 8H - Specialty Drug Copayment Limitation › § 48–855.03. Applicability

§ 48–855.03. Applicability.
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[].
(Apr. 7, 2017, D.C. Law 21-248, § 4, 64 DCR 1624; Mar. 16, 2021, D.C. Law 23-252, § 2(c), 68 DCR 001151.)
2023 District of Columbia Code › Title 48 - Foods and Drugs › Chapter 9 - Controlled Substances Act › Subchapter I - Definitions › § 48–901.01. [Reserved]

§ 48–901.01. [Reserved].
Section References
This section is referenced in § 16-2301, § 22-2603.01, § 48-853.01, and § 50-1403.02.
2023 District of Columbia Code › Title 48 - Foods and Drugs › Chapter 9 - Controlled Substances Act › Subchapter II - Standards and Schedules › § 48–902.02. Nomenclature

§ 48–902.02. Nomenclature.
The controlled substances listed or to be listed in the schedules in §§ 48-902.04, 48-902.06, 48-902.08, 48-902.10 and 48-902.12 are included by whatever official, common, usual, chemical, or trade name designated.
(Aug. 5, 1981, D.C. Law 4-29, § 202, 28 DCR 3081.)
Prior Codifications
1981 Ed., § 33-512.
2023 District of Columbia Code › Title 48 - Foods and Drugs › Chapter 9 - Controlled Substances Act › Subchapter II - Standards and Schedules › § 48–902.03. Schedule I tests

§ 48–902.03. Schedule I tests.
The Mayor shall place a substance in Schedule I if the Mayor finds that the substance:
(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.
(Aug. 5, 1981, D.C. Law 4-29, § 203, 28 DCR 3081.)
Prior Codifications
1981 Ed., § 33-513.
2023 District of Columbia Code › Title 48 - Foods and Drugs › Chapter 9 - Controlled Substances Act › Subchapter II - Standards and Schedules › § 48–902.05. Schedule II tests

§ 48–902.05. Schedule II tests.
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.
(Aug. 5, 1981, D.C. Law 4-29, § 205, 28 DCR 3081.)
Prior Codifications
1981 Ed., § 33-515.
2023 District of Columbia Code › Title 48 - Foods and Drugs › Chapter 9 - Controlled Substances Act › Subchapter II - Standards and Schedules › § 48–902.07. Schedule III tests

§ 48–902.07. Schedule III tests.
The Mayor shall place a substance in Schedule III if the Mayor finds that:
(1) The substance has a potential for abuse less than the substances listed in Schedules I and II;
(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 moderate or low physical dependence or high psychological dependence.
(Aug. 5, 1981, D.C. Law 4-29, § 207, 28 DCR 3081.)
Prior Codifications
1981 Ed., § 33-517.
2023 District of Columbia Code › Title 48 - Foods and Drugs › Chapter 9 - Controlled Substances Act › Subchapter II - Standards and Schedules › § 48–902.09. Schedule IV tests

§ 48–902.09. Schedule IV tests.
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.
(Aug. 5, 1981, D.C. Law 4-29, § 209, 28 DCR 3081.)
Prior Codifications
1981 Ed., § 33-519.
2023 District of Columbia Code › Title 48 - Foods and Drugs › Chapter 9 - Controlled Substances Act › Subchapter II - Standards and Schedules › § 48–902.11. Schedule V tests

§ 48–902.11. Schedule V tests.
The Mayor shall place a substance in Schedule V if the Mayor finds that:
(1) The substance has low potential for abuse relative to the controlled substances listed in Schedule IV;
(2) The substance has currently accepted medical use in treatment in the United States or the District of Columbia; and
(3) The substance has limited physical dependence or psychological dependence liability relative to the controlled substances listed in Schedule IV.
(Aug. 5, 1981, D.C. Law 4-29, § 211, 28 DCR 3081.)
Prior Codifications
1981 Ed., § 33-521.
2023 District of Columbia Code › Title 48 - Foods and Drugs › Chapter 9 - Controlled Substances Act › Subchapter II - Standards and Schedules › § 48–902.12. Schedule V enumerated

§ 48–902.12. Schedule V enumerated.
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.
(Aug. 5, 1981, D.C. Law 4-29, § 212, 28 DCR 3081; amended by rule, 39 DCR 1882; June 8, 2001, D.C. Law 13-300, § 2(b), 47 DCR 7037.)
Prior Codifications
1981 Ed., § 33-522.
Section References
This section is referenced in § 7-3002, § 44-1201, § 48-853.01, § 48-902.01, § 48-902.02, and § 48-1004.
Effect of Amendments
D.C. Law 13-300 repealed par. (2) which had read: “(2) Cannabis;”.
2023 District of Columbia Code › Title 48 - Foods and Drugs › Chapter 9 - Controlled Substances Act › Subchapter II - Standards and Schedules › § 48–902.13. Revising and republishing of schedules

§ 48–902.13. Revising and republishing of schedules.
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.
(Aug. 5, 1981, D.C. Law 4-29, § 213, 28 DCR 3081.)
Prior Codifications
1981 Ed., § 33-523.
Section References
This section is referenced in § 1-636.02.
Cross References
Effective date provisions, see § 1-636.02.
2023 District of Columbia Code › Title 48 - Foods and Drugs › Chapter 9 - Controlled Substances Act › Subchapter II - Standards and Schedules › § 48–902.14. Treatment of controlled substance analogues

§ 48–902.14. Treatment of controlled substance analogues.
(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.
(August 5, 1981, D.C. Law 4-29, § 214; as added May 9, 2000, D.C. Law 13-99, § 2(b), 47 DCR 791.)
2023 District of Columbia Code › Title 48 - Foods and Drugs › Chapter 9 - Controlled Substances Act › Subchapter III - Regulation of Manufacture, Distribution, and Dispensing › § 48–903.01. Rules and regulations; fees

§ 48–903.01. Rules and regulations; fees.
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.
(Aug. 5, 1981, D.C. Law 4-29, title III, § 301, 28 DCR 3081.)
Prior Codifications
1981 Ed., § 33-531.
Delegation of Authority
Delegation of Authority to implement D.C. Law 4-29, the “District of Columbia Uniformed Controlled Substances Act of 1981”, see Mayor’s Order 98-49, April 15, 1998 ( 45 DCR 2694).
2023 District of Columbia Code › Title 48 - Foods and Drugs › Chapter 9 - Controlled Substances Act › Subchapter III - Regulation of Manufacture, Distribution, and Dispensing › § 48–903.04. Registration — Suspension; revocation; forfeiture of substances

§ 48–903.04. Registration — Suspension; revocation; forfeiture of substances.
(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.
(Aug. 5, 1981, D.C. Law 4-29, title III, § 304, 28 DCR 3081; July 24, 1998, D.C. Law 12-136, § 2(c), 45 DCR 2942.)
Prior Codifications
1981 Ed., § 33-534.
Section References
This section is referenced in § 48-903.05.
2023 District of Columbia Code › Title 48 - Foods and Drugs › Chapter 9 - Controlled Substances Act › Subchapter III - Regulation of Manufacture, Distribution, and Dispensing › § 48–903.06. Records and inventories of registrants

§ 48–903.06. Records and inventories of registrants.
Persons registered to manufacture, distribute, or dispense controlled substances under this chapter shall keep records and maintain inventories in conformance with the record-keeping and inventory requirements of federal law, laws of the District of Columbia, and with any additional rules which the Mayor issues.
(Aug. 5, 1981, D.C. Law 4-29, title III, § 306, 28 DCR 3081.)
Prior Codifications
1981 Ed., § 33-536.
Section References
This section is referenced in § 48-903.08.
2023 District of Columbia Code › Title 48 - Foods and Drugs › Chapter 9 - Controlled Substances Act › Subchapter III - Regulation of Manufacture, Distribution, and Dispensing › § 48–903.07. Order forms

§ 48–903.07. Order forms.
Controlled substances in Schedule I or II shall be distributed by a registrant to another registrant only pursuant to an order form. Compliance with the provisions of federal law respecting order forms shall be deemed compliance with this section.
(Aug. 5, 1981, D.C. Law 4-29, title III, § 307, 28 DCR 3081.)
Prior Codifications
1981 Ed., § 33-537.
Section References
This section is referenced in § 48-904.03.
2023 District of Columbia Code › Title 48 - Foods and Drugs › Chapter 9 - Controlled Substances Act › Subchapter III - Regulation of Manufacture, Distribution, and Dispensing › § 48–903.08. Prescriptions

§ 48–903.08. Prescriptions.
(a) Except when dispensed directly by a practitioner, other than a pharmacy, to an ultimate user, no controlled substance in Schedule II may be dispensed without the written prescription of a practitioner.
(b) In emergency situations, as defined by rule of the Mayor, Schedule II drugs may be dispensed upon oral prescription of a practitioner, reduced promptly to writing and filed by the pharmacy. Prescriptions shall be retained in conformity with the requirements of § 48-903.06. No prescription for a Schedule II controlled substance may be refilled.
(c) Except when dispensed directly by a practitioner, other than a pharmacy, to an ultimate user, a controlled substance included in Schedule III or IV which is a prescription drug as determined under § 353(b) of Title 21, United States Code, shall not be dispensed without a written or oral prescription of a practitioner. The prescription shall not be filled or refilled more than 6 months after the date thereof or be refilled more than 5 times, unless renewed by the practitioner.
(d) A controlled substance included in Schedule V shall not be distributed or dispensed other than for a medical purpose.
(e) Whenever a practitioner dispenses any controlled substance on a written or oral prescription issued by a practitioner, the practitioner shall affix to the container in which such controlled substance is dispensed a label showing the name of the controlled substance or controlled substances contained therein unless otherwise so indicated by the prescribing practitioner; the serial number and date of initial filling; the directions for use; the practitioner’s name and registry number; the name of the ultimate user, or if the ultimate user is an animal, the name of the owner and the species of the animal; the name of the practitioner issuing the prescription; and caution statements, if any, as required by law.
(Aug. 5, 1981, D.C. Law 4-29, title III, § 308, 28 DCR 3081.)
Prior Codifications
1981 Ed., § 33-538.
Section References
This section is referenced in § 48-904.02.
2023 District of Columbia Code › Title 48 - Foods and Drugs › Chapter 9 - Controlled Substances Act › Subchapter III - Regulation of Manufacture, Distribution, and Dispensing › § 48–903.09. Civil infractions

§ 48–903.09. Civil infractions.
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.
(Aug. 5, 1981, D.C. Law 4-29, title III, § 309; as added Mar. 8, 1991, D.C. Law 8-237, § 6, 38 DCR 314.)
Prior Codifications
1981 Ed., § 33-539.
Cross References
Authorization or approval of interception of wire or oral communications, see § 23-546.
2023 District of Columbia Code › Title 48 - Foods and Drugs › Chapter 9 - Controlled Substances Act › Subchapter IV - Offenses and Penalties › § 48–904.03. Prohibited acts C; penalties

§ 48–904.03. Prohibited acts C; penalties.
(a) It is unlawful for any person knowingly or intentionally:
(1) To distribute as a registrant a controlled substance classified in Schedule I or II, except pursuant to an order form as required by § 48-903.07;
(2) To use in the course of the manufacture or distribution of a controlled substance a registration number which is fictitious, revoked, suspended, or issued to another person;
(3) To acquire or obtain possession of a controlled substance by misrepresentation, fraud, forgery, deception, or subterfuge;
(4) To furnish false or fraudulent material information in, or omit any material information from, any application, report, or other document required to be kept or filed under this chapter, or any record required to be kept by this chapter; or
(5) To make, distribute, or possess any punch, die, plate, stone, or other thing designed to print, imprint, or reproduce the trademark, trade name, or other identifying mark, imprint, or device of another or any likeness of any of the foregoing upon any drug or container or labeling thereof so as to render the drug a counterfeit substance.
(b) Any person who violates this section is guilty of a crime and upon conviction may be imprisoned for not more than 4 years, fined not more than the amount set forth in § 22-3571.01, or both.
(Aug. 5, 1981, D.C. Law 4-29, § 403, 28 DCR 3081; June 11, 2013, D.C. Law 19-317, § 252(c), 60 DCR 2064.)
Prior Codifications
1981 Ed., § 33-543.
Effect of Amendments
The 2013 amendment by D.C. Law 19-317 substituted “not more than the amount set forth in § 22-3571.01” for “not more than $50,000” in (b).
Emergency Legislation
For temporary (90 days) amendment of this section, see § 252(c) of the Criminal Fine Proportionality Emergency Act of 2013 (D.C. Act 20-45, April 1, 2013, 60 DCR 5400, 20 DCSTAT 1300).
Editor's Notes
Applicability of D.C. Law 19-317: Section 401 of D.C. Law 19-317 provided that the act shall apply only to offenses committed on or after June 11, 2013.
2023 District of Columbia Code › Title 48 - Foods and Drugs › Chapter 9 - Controlled Substances Act › Subchapter IV - Offenses and Penalties › § 48–904.03a. Prohibited acts D; penalties

§ 48–904.03a. Prohibited acts D; penalties.
(a) It shall be unlawful for any person to knowingly open or maintain any place to manufacture, distribute, or store for the purpose of manufacture or distribution a narcotic or abusive drug.
(b) Any person who violates this section shall be imprisoned for not less than 5 years nor more than 25 years, fined not more than the amount set forth in § 22-3571.01, or both.
(Aug. 5, 1981, D.C. Law 4-29, § 411; as added June 13, 1990, D.C. Law 8-138, § 2(e), 37 DCR 2638; June 11, 2013, D.C. Law 19-317, § 252(f), 60 DCR 2064.)
Prior Codifications
1981 Ed., § 33-543a.
Effect of Amendments
The 2013 amendment by D.C. Law 19-317 substituted “not more than the amount set forth in § 22-3571.01” for “not more than $500,000” in (b).
Emergency Legislation
For temporary (90 days) amendment of this section, see § 252(f) of the Criminal Fine Proportionality Emergency Act of 2013 (D.C. Act 20-45, April 1, 2013, 60 DCR 5400, 20 DCSTAT 1300).
Editor's Notes
Mayor to implement public information program: See Historical and Statutory Notes following § 48-901.02.
Applicability of D.C. Law 19-317: Section 401 of D.C. Law 19-317 provided that the act shall apply only to offenses committed on or after June 11, 2013.
2023 District of Columbia Code › Title 48 - Foods and Drugs › Chapter 9 - Controlled Substances Act › Subchapter IV - Offenses and Penalties › § 48–904.04. Penalties under other laws

§ 48–904.04. Penalties under other laws.
Any penalty imposed for violation of this chapter is in addition to, and not in lieu of, any civil or administrative penalty or sanction otherwise authorized by law.
(Aug. 5, 1981, D.C. Law 4-29, § 404, 28 DCR 3081.)
Prior Codifications
1981 Ed., § 33-544.
2023 District of Columbia Code › Title 48 - Foods and Drugs › Chapter 9 - Controlled Substances Act › Subchapter IV - Offenses and Penalties › § 48–904.05. Effect of acquittal or conviction under federal law

§ 48–904.05. Effect of acquittal or conviction under federal law.
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.
(Aug. 5, 1981, D.C. Law 4-29, § 405, 28 DCR 3081.)
Prior Codifications
1981 Ed., § 33-545.
2023 District of Columbia Code › Title 48 - Foods and Drugs › Chapter 9 - Controlled Substances Act › Subchapter IV - Offenses and Penalties › § 48–904.06. Distribution to minors

§ 48–904.06. Distribution to minors.
(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.
(Aug. 5, 1981, D.C. Law 4-29, § 406, 28 DCR 3081; Mar. 15, 1985, D.C. Law 5-171, § 2(b), 32 DCR 730.)
Prior Codifications
1981 Ed., § 33-546.
Section References
This section is referenced in § 48-904.08.
2023 District of Columbia Code › Title 48 - Foods and Drugs › Chapter 9 - Controlled Substances Act › Subchapter IV - Offenses and Penalties › § 48–904.07. Enlistment of minors to distribute

§ 48–904.07. Enlistment of minors to distribute.
(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.
(Aug. 5, 1981, D.C. Law 4-29, § 407, 28 DCR 3081; June 11, 2013, D.C. Law 19-317, § 252(d), 60 DCR 2064.)
Prior Codifications
1981 Ed., § 33-547.
Effect of Amendments
The 2013 amendment by D.C. Law 19-317 substituted “not more than the amount set forth in § 22-3571.01” for “not more than $10,000” in (b)(1), and for “not more than $20,000” in (b)(2).
Emergency Legislation
For temporary (90 days) amendment of this section, see § 252(d) of the Criminal Fine Proportionality Emergency Act of 2013 (D.C. Act 20-45, April 1, 2013, 60 DCR 5400, 20 DCSTAT 1300).
Editor's Notes
Applicability of D.C. Law 19-317: Section 401 of D.C. Law 19-317 provided that the act shall apply only to offenses committed on or after June 11, 2013.
2023 District of Columbia Code › Title 48 - Foods and Drugs › Chapter 9 - Controlled Substances Act › Subchapter IV - Offenses and Penalties › § 48–904.08. Second or subsequent offenses

§ 48–904.08. Second or subsequent offenses.
(a) Any person convicted under this chapter of a second or subsequent offense may be imprisoned for a term up to twice the term otherwise authorized, fined an amount up to twice that otherwise authorized, or both.
(b) For purposes of this section, an offense is considered a second or subsequent offense if, prior to commission of the offense, the offender has at any time been convicted under this chapter or under any statute of the United States or of any state relating to a controlled substance.
(c) A person who is convicted of violating § 48-904.06 may be sentenced according to the provisions of § 48-904.06 or according to the provisions of this section, but not both.
(Aug. 5, 1981, D.C. Law 4-29, § 408, 28 DCR 3081; June 19, 2013, D.C. Law 19-320, § 301(f), 60 DCR 3390.)
Prior Codifications
1981 Ed., § 33-548.
Section References
This section is referenced in § 48-904.01.
Effect of Amendments
The 2013 amendment by D.C. Law 19-320 substituted “convicted under this chapter of a second or subsequent offense” for “convicted of a second or subsequent offense under this chapter” in (a); and substituted “a controlled substance” for “narcotic drugs, depressants, stimulants, or hallucinogenic drugs” in (b).
Emergency Legislation
For temporary amendment of section, see § 301(f) of the Omnibus Criminal Code Amendments Emergency Amendment Act of 2012 (D.C. Act 19-599, January 14, 2013, 60 DCR 1017).
For temporary (90 days) amendment of this section, see § 301(f) of the Omnibus Criminal Code Amendment Congressional Review Emergency Act of 2013 (D.C. Act 20-44, April 1, 2013, 60 DCR 5381, 20 DCSTAT 1281).