2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 16B - Use of Marijuana for Medical Treatment › § 7–1671.05. Medical cannabis program

§ 7–1671.05. Medical cannabis program.
*NOTE: This section includes amendments by emergency legislation that will expire on January 28, 2024. To view the text of this section after the expiration of all emergency and temporary legislation affecting this section, click this link: Permanent Version.*
*NOTE: This section includes amendments by temporary legislation that will expire on July 10, 2024. To view the text of this section after the expiration of all emergency and temporary legislation affecting this section, click this link: Permanent Version.*
(a) There is established a medical cannabis program, which shall regulate the cultivation, manufacture, distribution, dispensing, purchase, delivery, sale, possession, administration, and testing of medical cannabis and the manufacture, distribution, purchase, sale, possession, and use of paraphernalia.
(b) The Program shall:
(1) Require the registration with ABCA of all:
(A) Qualifying patients, except qualifying patients enrolled in another jurisdiction's medical cannabis program pursuant to § 7-1671.02(c)(2), and the caregivers of qualifying patients; and
(B) Non-resident cardholders;
(2) Require the licensing with ABCA of all cultivation centers, manufacturers, retailers, internet retailers, couriers, and testing laboratories, including all directors, officers, members, incorporators, agents, and employees of those facilities;
(3) Create a self-certification form that may be used by qualifying patients ages 21 and older as part of the registration process, which shall contain the following statement:
"I will only use cannabis purchased from a District retailer as a qualifying patient for the treatment of a qualifying medical or dental condition or for the side effects of a qualifying or medical treatment. I understand my rights and obligations as set forth by the Medical Cannabis Program and agree to these requirements. I certify under penalty of perjury that the foregoing is true and correct.
"_______________________________________________
"[Signature Here]
"Willfully making a false statement that is in fact material, in writing, directly or indirectly, on this application is a violation of District of Columbia law and subject to criminal penalties of a fine of not more than $1,000 or imprisonment for not more than 180 days, or both. (D.C. Official Code § 22-2405).".
(4)(A) As part of the registration process, permit a non-resident qualifying patient visiting the District of Columbia to apply to ABCA to receive a temporary non-resident registration identification card, which shall be valid for periods established by the ABC Board by rulemaking, which are between 3 days and no longer than one year in length; and
(B) After the expiration of a temporary non-resident registration identification card, permit a non-resident qualifying patient to apply to ABCA to be issued another temporary non-resident identification card.
(5) Issue nontransferable registration identification cards to persons and entities registered pursuant to paragraph (1) of this subsection; provided, that:
(A) With respect to registration identification cards issued to persons and entities registered pursuant to paragraph (1)(A) and (C) of this subsection, such cards expire every 2 years:
(B) The cards may be presented to and used by law enforcement to confirm whether a person or entity is authorized to cultivate, manufacture, distribute, dispense, deliver, sell, possess, test, or administer medical cannabis or medical cannabis products, or manufacture, possess, deliver, purchase, sell, distribute, or use paraphernalia; and
(C) The ABC Board may, by rule, establish license and registration periods and fees under the section that are valid for one year, 2 years, or 3 years, except for temporary non-resident registration identification cards that are valid for periods established by the ABC Board by rulemaking, which shall be between 3 days and no longer than one year in length.
(6) Require all cultivation centers, manufacturers, retailers, internet retailers, couriers, and testing laboratories to:
(A) Maintain true, complete, and real-time electronic records of:
(i) The name, address, home telephone number, and date of birth of each employee;
(ii) Each transaction conducted by the facility, including:
(I) The quantity of medical cannabis tested, processed, distributed, delivered, or dispensed;
(II) The consideration given for the medical cannabis, if any; and
(III) The recipient of the medical cannabis;
(iii) The quantity of medical cannabis or medical cannabis products at the cultivation center, manufacturer, retailer, internet retailer, or testing laboratory;
(iv) The disposal method used for any medical cannabis that was cultivated, processed, or acquired but did not meet the requirements for sale established by the ABC Board through rulemaking pursuant to § 7-1671.13 or that was not sold for any other reason, including evidence of the disposal of the medical cannabis; and
(v) Any other information required by ABCA; and
(B) Notify ABCA and the Chief of the Metropolitan Police Department in writing and within 24 hours of the loss, theft, or destruction of any medical cannabis;
(7) Require all retailers and internet retailers to maintain true, complete, and real-time electronic records of the name and address of the qualifying patient or caregiver authorized to obtain medical cannabis;
(8) Upon the licensing of at least one testing laboratory pursuant to paragraph (2) of this subsection, require that cultivation centers segregate all harvested medical cannabis into batches before manufacturing any medical cannabis products, or packaging dried medical cannabis for sale to a manufacturer, retailer, or internet retailer, and hold the harvested medical cannabis from sale until:
(A) The medical cannabis has been tested by a testing laboratory;
(B) The cultivation center has received the information required pursuant to paragraph (9) of this subsection; and
(C) The cultivation center has determined that the medical cannabis meets the requirements for sale established by the ABC Board through rulemaking;
(9) Require testing laboratories to provide cultivation centers with the following information after testing harvested medical cannabis samples:
(A) The concentration of tetrahydrocannabinol and cannabidiol in the testing material;
(B) Whether the tested material is organic or inorganic;
(C) The presence and concentration of fertilizers or other nutrients;
(D) The presence of mold, mildew, or pests;
(E) Whether the medical cannabis samples contain mycotoxin, pesticides, or heavy metals above a threshold determined by the ABC Board through rulemaking; and
(F) Any other information that the ABC Board may require through rulemaking;
(10) Upon licensing of at least one testing laboratory pursuant to paragraph (2) of this section, require that manufacturers segregate all processed medical cannabis products into batches, and hold the processed medical cannabis products from sale until:
(A) The medical cannabis products have been tested by a testing laboratory;
(B) The manufacturer has received the information required pursuant to paragraph (11) of this subsection; and
(C) The manufacturer has determined that the medical cannabis products meet the requirements for sale established by the ABC Board through rulemaking;
(11) Require testing laboratories to provide manufacturers with the following information after testing medical cannabis product samples:
(A) The concentration of tetrahydrocannabinol and cannabidiol in the testing material;
(B) Whether the tested material is organic or inorganic;
(C) The presence and concentration of fertilizers or other nutrients;
(D) Whether the medical cannabis product samples contain mycotoxin or residual solvents above a threshold determined by the ABC Board through rulemaking; and
(E) Any other information that the ABC Board may require through rulemaking;
(11A) Allow testing laboratories to:
(A) Receive and test samples of medical cannabis products from qualifying patients; provided, that the qualifying patient must present proof that he or she is currently registered, and that the medical cannabis product was purchased from a retailer or internet retailer licensed with ABCA.
(B) Receive and test samples of medical cannabis products from licensed cultivation centers or manufacturers for purposes of quality assurance or research and development. Samples collected for quality assurance or research and development testing may be selected by the cultivation center or manufacturer non-randomly. Any tests conducted for purposes of quality assurance or research and development shall not satisfy the requirements of paragraphs (8) through (11) of this subsection.
(12) Develop educational materials about:
(A) The potential adverse drug interactions that could occur from using medical cannabis concurrently with other medical treatments;
(B) Harm reduction strategies for qualifying patients who use medical cannabis; and
(C) The importance of informing health care providers and pharmacists of the use of medical cannabis to help avoid adverse drug interactions;
(13) Revoke or suspend the registration or license of any person or entity if the ABC Board determines that the person or entity has violated a provision of this chapter or the rules issued pursuant to § 7-1671.13;
(14) Conduct announced and unannounced inspections of cultivation centers, manufacturers, retailers, internet retailers, couriers, and testing laboratories;
(15) Establish registration, sliding-scale registration, and annual renewal fees for all persons and entities required to register or obtain a license pursuant to this chapter and permit the ABC Board, by rule, to make qualifying patient and caregiver registrations available at no cost; provided, that the licensing and annual renewal fees for cultivation centers, manufacturers, retailers, internet retailers, couriers, and testing laboratories and for the directors, officers, members, incorporators, agents, and employees of cultivation centers, manufacturers, retailers, internet retailers, couriers, and testing laboratories be sufficient to offset the cost of administering this chapter;
(16) Establish a system to provide for the safe and affordable dispensing of medical cannabis to qualifying patients who are unable to afford a sufficient supply of medical cannabis based upon the qualifying patient's income and existing financial resources that:
(A) Allows qualifying patients to apply to the ABC Board to be eligible to purchase medical cannabis from retailers and internet retailers at prices set on a sliding scale based upon the qualifying patient's income and existing financial resources; and
(B) Requires each retailer and internet retailer to provide medical cannabis at prices set on the sliding scale described in subparagraph (A) of this paragraph, as determined by the ABC Board, to qualifying patients determined eligible pursuant to subparagraph (A) of this paragraph;
(17) Establish standards by which applicants for cultivation center, manufacturer, retailer, internet retailer, courier, or testing laboratory license are evaluated for licensing or license renewal, which may include:
(A) An applicant's knowledge of District and federal law relating to cannabis and rules issued pursuant to § 7-1671.13;
(B) A security plan that has been assessed by the Metropolitan Police Department; and
(C) A cultivation plan;
(18)(A) Provide electronic notice to the Councilmember and all Advisory Neighborhood Commissions in the affected ward at least 45 calendar days prior to the approval of a location for a cultivation center, manufacturer, retailer, or internet retailer; and
(B) Accord great weight to input provided by the Advisory Neighborhood Commission regarding the proposed location of a cultivation center, manufacturer, retailer, or internet retailer when approving or rejecting an application for a license;
(C) Establish procedures by which Advisory Neighborhood Commissions can protest new and renewal applications for a cultivation center, manufacturer, retailer, or internet retailer when approving or rejecting an application for a license; and
(D) Establish procedures for an Advisory Neighborhood Commission to enter into a settlement agreement for a cultivation center, manufacturer, retailer, or internet retailer.
(19) Require caregivers and qualifying patients to notify ABCA within 48 hours and in writing of the loss, theft, or destruction of a registration identification card; and
(20) Submit to the Council an annual report that includes:
(A) The number of qualifying patients participating in the medical cannabis program;
(B) The number of qualifying patients and caregivers registered;
(C) The number of registration identification cards suspended and revoked;
(D) The number of authorized practitioners providing written recommendations for qualifying patients;
(E) The number and location of cultivation centers, manufacturers, retailers, internet retailers, and testing laboratories;
(F) The amount of cannabis harvested by cultivation centers;
(G) The dollar amount of medical cannabis or medical cannabis products sold by cultivation centers, manufacturers, retailers, and internet retailers; and
(H) The number and types of violations of this chapter and any applicable rules, taken against licensed cultivation centers, manufacturers, retailers, internet retailers, couriers, and testing laboratories.
(Feb. 25, 2010, D.C. Law 13-315, § 6; as added July 27, 2010, D.C. Law 18-210, § 2, 57 DCR 4798; Feb. 18, 2017, D.C. Law 21-209, § 2(e), 63 DCR 15291; Dec. 3, 2020, D.C. Law 23-149, § 5012(d), 67 DCR 10493; Mar. 22, 2023, D.C. Law 24-332, § 3(e), 70 DCR 1582; Oct. 30, 2023, D.C. Act 25-276, § 2(b), 70 DCR 14480; Nov. 28, 2023, D.C. Law 25-73, § 2(b), 70 DCR 13742.)
Section References
This section is referenced in § 7-1671.01 and § 7-1671.02.
Applicability
Section 7022 of D.C. Law 22-33 repealed § 4 of D.C. Law 21-209. Therefore the changes made to this section by D.C. Law 21-209 have been implemented.
Applicability of D.C. Law 21-209: § 4 of D.C. Law 21-209 provided that the change made to this section by § 2(e) of D.C. Law 21-209 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 days) amendment of this section, see § 2 of Medical Cannabis Patient Access Clarification Emergency Amendment Act of 2023 (D.C. Act 25-276, Oct. 30, 2023, 70 DCR 14480).
For temporary (90 days) amendment of this section, see § 2(b)(3) of Medical Cannabis Clarification and Non-Resident Patient Access Congressional Review Emergency Amendment Act of 2023 (D.C. Act 25-275, Oct. 26, 2023, 70 DCR 14476).
For temporary (90 days) amendment of this section, see § 2(b) of Medical Cannabis Clarification and Non-Resident Patient Access Emergency Amendment Act of 2023 (D.C. Act 25-194, July 31, 2023, 70 DCR 10733).
For temporary (90 days) amendment of this section, see § 2(d) of Medical Marijuana Patient Access Extension Second Emergency Amendment Act of 2022 (D.C. Act 24-565, Oct. 17, 2022, 0 DCR 0).
For temporary (90 days) amendment of this section, see § 2(b) of Medical Marijuana Self-Certification Emergency Amendment Act of 2022 (D.C. Act 24-469, July 6, 2022, 69 DCR 008396).
For temporary (90 days) amendment of this section, see § 2(c) of Medical Marijuana Patient Access Extension Congressional Review Emergency Amendment Act of 2022 (D.C. Act 24-400, May 9, 2022, 69 DCR 5035).
For temporary (90 days) amendment of this section, see § 2(c) of Medical Marijuana Patient Access Extension Emergency Amendment Act of 2022 (D.C. Act 24-323, Feb. 11, 2022, 69 DCR 001268).
For temporary (90 days) amendment of this section, see § 2(c) of Medical Marijuana Patient Access Emergency Amendment Act of 2021 (D.C. Act 24-206, Nov. 5, 2021, 68 DCR 012188).
For temporary (90 days) repeal of § 4 of D.C. Law 21-209, see § 7022 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).
For temporary (90 days) repeal of § 4 of D.C. Law 21-209, see § 7022 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).
Temporary Legislation
For temporary (225 days) amendment of this section, see § 2(b)(3) of Medical Cannabis Clarification and Non-Resident Patient Access Temporary Amendment Act of 2023 (D.C. Law 25-73, Nov. 28, 2023, 70 DCR 13742).
For temporary (225 days) amendment of this section, see § 2(d) of Medical Marijuana Patient Access Extension Second Temporary Amendment Act of 2022 (D.C. Law 24-229, Dec. 21, 2022, 69 DCR 13901).
For temporary (225 days) amendment of this section, see § 2(b) of Medical Marijuana Self-Certification Temporary Amendment Act of 2022 (D.C. Law 24-187, Sept. 21, 2022, 69 DCR 009942).
For temporary (225 days) amendment of this section, see § 2(c) of Medical Marijuana Patient Access Extension Temporary Amendment Act of 2022 (D.C. Law 24-122, May 18, 2022, 69 DCR 002670).
For temporary (225 days) amendment of this section, see § 2(c) of Medical Marijuana Patient Access Temporary Amendment Act of 2021 (D.C. Law 24-78, Feb. 24, 2022, 69 DCR 000204).
Delegation of Authority
Establishment of Medical Marijuana Program and Delegation of Authority, see Mayor’s Order 2010-138, August 6, 2010 ( 57 DCR 7110).