2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 16B - Use of Marijuana for Medical Treatment › § 7–1671.06e. Retailer delivery endorsement and internet retailer deliveries

§ 7–1671.06e. Retailer delivery endorsement and internet retailer deliveries.
(a) The holder of a retailer license shall be eligible to apply to the ABC Board for a delivery endorsement. The holder of a delivery endorsement shall be permitted to offer curbside pickup and deliver medical cannabis directly to a qualifying patient or the qualifying patient's caregiver at residential and commercial building addresses located in the District that are not on District government or Federal property or public or private school grounds.
(b)(1) The holder of an internet retailer license shall not be required to obtain a delivery endorsement to be permitted to deliver medical cannabis directly to a qualifying patient or the qualifying patient's caregiver at residential and commercial building addresses located in the District that are not on District government or Federal property or public or private school grounds.
(2) The holder of an internet retailer license shall not be permitted to offer curbside pickup at its ABC Board-approved location to qualifying patients and caregivers.
(c) A retailer with a retailer delivery endorsement or an internet retailer shall:
(1) Only receive and accept an order by electronic or other means from a qualifying patient or the qualifying patient's caregiver;
(2) Only deliver to the qualifying patient or the qualifying patient's caregiver at the District address provided by the patient or caregiver and not leave the product without verifying the identity of the recipient;
(3) Only travel through the District and not any surrounding jurisdictions to make deliveries;
(4) Abide by rules and standards as may be established by the ABC Board pursuant to § 7-1671.13 concerning:
(A) The frequency of deliveries to a single qualifying patient or caregiver in a day, week, or month;
(B) Overnight storage of any medical cannabis or medical cannabis products; and
(C) The operation and number of delivery vehicles allowed;
(5) Abide by the rules posted by any landlord or property owner with respect to prohibitions on cannabis deliveries on its property;
(6) Use its employees or a licensed courier to deliver medical cannabis or medical cannabis products;
(7) At the time of an order, require the qualifying patient or the qualifying patient's caregiver to provide information necessary to verify that the qualifying patient or the qualifying patient's caregiver is qualified to purchase and receive a delivery of medical cannabis or medical cannabis products in accordance with this chapter and regulations issued pursuant to § 7-1671.13;
(8)(A) Prior to transferring possession of the order to a qualifying patient 21 years of age or older or the qualifying patient's caregiver, inspect the qualifying patient's or qualifying patient's caregiver's valid government-issued identification card and valid ABCA registration to verify their age and that the information provided at the time the order was placed matches information listed on the government-issued identification card and ABCA registration; and
(B) Prior to transferring possession of the order to a qualifying patient under age 21 or to the qualifying patient's caregiver, inspect the qualifying patient or caregiver's government-issued identification card and ABCA registration to verify the possession of a valid registration and that the information provided at the time the order was placed matches the information listed on the government-issued identification and ABCA registration;
(9)(A) Maintain, in each vehicle used for deliveries of medical cannabis or medical cannabis products, a secure, locked storage compartment for purposes of transporting and securing cash used as payment and the medical cannabis or medical cannabis products.
(B) The retailer shall not store cash and medical cannabis or medical cannabis products in the same storage compartments;
(10) Only use delivery vehicles that:
(A) Contain a Global Positioning System ("GPS") device for identifying the geographic location of the delivery vehicle; which GPS device shall be either permanently or temporarily affixed to the delivery vehicle while the delivery vehicle is in operation and remain active and in the possession of the delivery employee at all times during the delivery; and
(B) Do not bear any markings, images, words, or phrases that would indicate the delivery vehicle is used to deliver medical cannabis, including the name of the retailer or internet retailer, or any cannabis-related related images; and
(11) Be permitted to dispense medical cannabis or medical cannabis products through curbside pickup or at-the-door pickup to a qualifying patient or caregiver if the retailer:
(A) Implements a process to verify age and validate the ABCA registration of the patient or caregiver;
(B) Implements procedures to ensure that curbside pickup or at-the-door pickup is completed quickly and efficiently; and
(C) Implements a mechanism or recordkeeping process for qualifying patients or caregivers to document receipt of curbside pickup or at-the-door pickup.
(d)(1) Subject to paragraph (2) of this subsection, the holder of the retailer delivery endorsement may offer curbside pickup or deliver medical cannabis during the hours of 9:00 a.m. to 9:00 p.m., 7 days per week.
(2) The ABC Board may alter the hours set forth in paragraph (1) of this subsection through rulemaking.
(e) Applicants for the retailer delivery endorsement shall complete an application prescribed by the ABC Board by regulations issued pursuant to § 7-1671.13.
[(f)] The minimum initial application fee for the endorsement shall be $300. The endorsement shall be valid for 3 years with a minimum annual license fee of $300.
(g) The retailer's or internet retailer's failure to check the required information in subsection(c)(8)(A) or (B) of this paragraph may result in the ABC Board issuing a fine against the retailer or internet retailer or suspending or revoking its license in accordance with this chapter or regulations issued pursuant to § 7-1671.13
(h) For purposes of this section, a public or private park shall not be considered to be either a residential or commercial building address.
(Feb. 25, 2010, D.C. Law 13-315, § 7e; as added Mar. 22, 2023, D.C. Law 24-332, § 3(h), 70 DCR 1582.)