2023 District of Columbia Code › Title 48 - Foods and Drugs › Chapter 9 - Controlled Substances Act › Subchapter IV - Offenses and Penalties › § 48–904.02. Prohibited acts B; penalties

§ 48–904.02. Prohibited acts B; penalties.
(a) It is unlawful for any person:
(1) Who is subject to subchapter III of this chapter to distribute or dispense a controlled substance in violation of § 48-903.08;
(2) Who is a registrant, to manufacture a controlled substance not authorized by registration, or to distribute or dispense a controlled substance not authorized by registration to another registrant or other authorized person;
(3) To refuse or fail to make, keep or furnish any record, notification, order form, statement, invoice, or information required under this chapter;
(4) To refuse an entry into any premises for any inspection authorized by this chapter;
(5) Knowingly to keep or maintain any store, shop, warehouse, dwelling, building, vehicle, boat, aircraft, or other structure or place, which is resorted to by persons using controlled substances in violation of this chapter for the purpose of using these substances or which is used for keeping or selling them in violation of this chapter;
(6) Who is a law-enforcement official, as designated by the Mayor, or a designated civilian employee of the Metropolitan Police Department, to divulge any knowledge relating to the records, order forms, or prescriptions of registrants which he or she received by virtue of his or her office, except in connection with officially authorized duties or in connection with a prosecution or proceeding in court or before a licensing or registration board or officer, to which prosecution or proceeding the registrant to whom such records, order forms, or prescriptions relate is a party; or
(7) To use to his or her own advantage or to reveal, other than to duly authorized officers or employees of the District of Columbia or the United States, or to the courts when relevant in any judicial proceeding under this subchapter or subchapter III of this chapter, any information acquired in the course of an authorized inspection concerning any method or process which as a trade secret is entitled to protection.
(b) Except as provided for in subsection (c) of this section, any person who violates this section shall, with respect to any violation, be subject to a civil penalty of not more than $50,000.
(c) If a violation of this section is prosecuted by an information or indictment which alleges that the violation was committed knowingly and the trier of fact specifically finds that the violation was so committed, such person shall be guilty of a crime and upon conviction may be imprisoned for not more than one year, fined not more than the amount set forth in § 22-3571.01, or both.
(Aug. 5, 1981, D.C. Law 4-29, § 402, 28 DCR 3081; June 12, 1999, D.C. Law 12-284, § 10(b), 46 DCR 1328; June 11, 2013, D.C. Law 19-317, § 252(b), 60 DCR 2064.)
Prior Codifications
1981 Ed., § 33-542.
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 (c).
Emergency Legislation
For temporary amendment of section, see § 10(b) of the Metropolitan Police Department Civilianization and Street Solicitation for Prostitution Emergency Amendment Act of 1998 (D.C. Act 12-428, August 6, 1998, 45 DCR 5884), § 10(b) of the Metropolitan Police Department Civilianization Legislative Review Emergency Amendment Act of 1998 (D.C. Act 12-506, November 10, 1998, 45 DCR 8139), and § 10(b) of the Metropolitan Police Department Civilianization Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-13, February 8, 1999, 46 DCR 2333).
For temporary (90 days) amendment of this section, see § 252(b) of the Criminal Fine Proportionality Emergency Act of 2013 (D.C. Act 20-45, April 1, 2013, 60 DCR 5400, 20 DCSTAT 1300).
Temporary Legislation
For temporary (225 day) amendment of section, see § 10(b) of Metropolitan Police Department Civilianization Temporary Amendment Act of 1998 (D.C. Law 12-282, May 28, 1999, law notification 46 DCR 5148).
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.