reglab/statecodes huggingface dataset:
2023 District of Columbia Code › Title 48 - Foods and Drugs › Chapter 9 - Controlled Substances Act › Subchapter IV - Offenses and Penalties › § 48–904.09. Attempt; conspiracy

§ 48–904.09. Attempt; conspiracy.
Any person who attempts or conspires to commit any offense defined in this subchapter is punishable by imprisonment or fine or both which may not exceed the maximum punishment prescribed for the offense, the commission of which was the object of the attempt or conspiracy.
(Aug. 5, 1981, D.C. Law 4-29, § 409, 28 DCR 3081.)
Prior Codifications
1981 Ed., § 33-549.
2023 District of Columbia Code › Title 48 - Foods and Drugs › Chapter 9 - Controlled Substances Act › Subchapter IV - Offenses and Penalties › § 48–904.10. Possession of drug paraphernalia. [Repealed]

§ 48–904.10. Possession of drug paraphernalia. [Repealed]
Repealed.
(Aug. 5, 1981, D.C. Law 4-29, § 410, 28 DCR 3081; Aug. 20, 1994, D.C. Law 10-151, § 112(b), 41 DCR 2608; June 11, 2013, D.C. Law 19-317, § 252(e), 60 DCR 2064; Mar. 16, 2021, D.C. Law 23-182, § 4, 68 DCR 00008.)
Prior Codifications
1981 Ed., § 33-550.
Section References
This section is referenced in § 7-403 and § 48-1103.01.
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 $1,000”.
Cross References
Needle exchange program, privileges and immunities, see § 48-1103.01.
Emergency Legislation
For temporary (90 days) amendment of this section, see § 252(e) 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 V - Enforcement and Administrative Provisions › § 48–905.01. Cooperative arrangements; confidentiality

§ 48–905.01. Cooperative arrangements; confidentiality.
(a) The Mayor shall cooperate with the Board of Education, federal agencies, and other state agencies in discharging the Mayor’s responsibilities concerning traffic in controlled substances and in suppressing the abuse of controlled substances. To this end, the Mayor may:
(1) Arrange for the exchange of general information among governmental officials concerning the general use and abuse of controlled substances; and
(2) Coordinate and cooperate in training programs concerning controlled substance law enforcement within the District of Columbia.
(b) Results, information, and evidence received from the D.E.A. relating to the regulatory functions of this chapter, including results of inspections conducted by it, may be relied and acted upon by the Mayor in the exercise of the Mayor’s regulatory functions under this chapter.
(c)(1) A practitioner engaged in medical practice or research shall not nor shall be compelled to:
(A) Furnish to the Mayor the name or identity of a patient or research subject without the prior consent of the patient or research subject; or
(B) Furnish the name or identity of an individual that the practitioner is obligated to keep confidential in any civil, criminal, administrative, legislative, or other proceedings in the District of Columbia without prior consent of such individual.
(2) This section per se shall not limit, in a criminal investigation or prosecution or in an administrative proceeding by the Commission on Licensure to Practice the Healing Art in the District of Columbia, the authority to subpoena dispensing logs or other records of a practitioner containing information concerning the sale, prescription, or distribution of controlled substances under this chapter. The court may order sealed any information furnished without consent, pursuant to the provisions of this subsection.
(Aug. 5, 1981, D.C. Law 4-29, § 501, 28 DCR 3081.)
Prior Codifications
1981 Ed., § 33-551.
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 V - Enforcement and Administrative Provisions › § 48–905.03. Burden of proof

§ 48–905.03. Burden of proof.
(a) It is not necessary for the prosecution to negate any exemption or exception in this chapter in any complaint, information, indictment, or other pleading or in any trial, hearing, or other proceeding under this chapter. The burden of proof of any exemption or exception is upon the person claiming it.
(b) In the absence of proof that a person is the duly authorized holder of an appropriate registration or order form issued under this chapter, he or she is presumed not to be the holder of the registration or form. The burden of proof is upon him or her to rebut the presumption.
(c) Subsections (a) and (b) of this section shall not apply to D.C. Law 20-278.
(Aug. 5, 1981, D.C. Law 4-29, § 503, 28 DCR 3081; June 16, 2015, D.C. Law 20-278, § 301, 62 DCR 1920.)
Prior Codifications
1981 Ed., § 33-553.
Section References
This section is referenced in § 48-903.04.
Effect of Amendments
The 2015 amendment by D.C. Law 20-278 added (c).
Editor's Notes
D.C. Law 20-278, referred to in (c), enacted Chapter 3 of Title 41 (§ 41-301 et seq.), made amendments to the criminal offenses in §§ 48-901.02 and 48-905.02, and made conforming amendments to §§ 7-2507.06a, 8-905, 22-902, 22-1705, 22-2723, 32-1343, 48-905.03, and 50-1501.04.
2023 District of Columbia Code › Title 48 - Foods and Drugs › Chapter 9 - Controlled Substances Act › Subchapter V - Enforcement and Administrative Provisions › § 48–905.04. Educational programs; research purposes

§ 48–905.04. Educational programs; research purposes.
(a) The Mayor shall establish and operate an educational program consisting of films, lectures, panel discussions, or whatever other educational device the Mayor deems necessary and appropriate to enlighten persons on the habitual use of controlled substances in general and to instill in persons participating in such a program a respect for the law and legal institutions.
(b) The Mayor shall cooperate with the Board of Education in preparing similar programs for school children with the purpose of preventing their abuse of controlled substances.
(c) The Mayor shall prepare and operate similar and appropriate programs for children found to be delinquent for violation of the provisions of this chapter.
(d) The Mayor may authorize the possession and distribution of controlled substances by persons engaged in research. Possession and distribution of controlled substances by such persons, in the course of their research and to the extent of the authorization, does not violate the provisions of this chapter.
(Aug. 5, 1981, D.C. Law 4-29, § 504, 28 DCR 3081.)
Prior Codifications
1981 Ed., § 33-554.
Section References
This section is referenced in § 16-2320.
2023 District of Columbia Code › Title 48 - Foods and Drugs › Chapter 9 - Controlled Substances Act › Subchapter V - Enforcement and Administrative Provisions › § 48–905.06. Chemist reports

§ 48–905.06. Chemist reports.
In a proceeding for a violation of this chapter, the official report of chain of custody and of analysis of a controlled substance performed by a chemist charged with an official duty to perform such analysis, when attested to by that chemist and by the officer having legal custody of the report and accompanied by a certificate under seal that the officer has legal custody, shall be admissible in evidence as evidence of the facts stated therein and the results of that analysis. A copy of the certificate must be furnished upon demand by the defendant or his or her attorney in accordance with the rules of the Superior Court of the District of Columbia or, if no demand is made, no later than 5 days prior to trial. In the event that the defendant or his or her attorney subpoenas the chemist for examination, the subpoena shall be without fee or cost and the examination shall be as on cross-examination.
(Aug. 5, 1981, D.C. Law 4-29, § 506, 28 DCR 3081.)
Prior Codifications
1981 Ed., § 33-556.
2023 District of Columbia Code › Title 48 - Foods and Drugs › Chapter 9 - Controlled Substances Act › Subchapter V - Enforcement and Administrative Provisions › § 48–905.07. Mayoral subpoenas

§ 48–905.07. Mayoral subpoenas.
(a) In any investigation relating to the Mayor’s functions under this subchapter with respect to controlled substances, the Mayor may subpoena witnesses, compel the attendance and testimony of witnesses, and require the production of any records (including books, papers, documents, and other tangible things which constitute or contain evidence) which the Mayor finds relevant or material to the investigation. The attendance of witnesses and the production of records may be required from any place in the District of Columbia. Witnesses summoned under this section shall be paid the same fees and mileage that are paid witnesses in the Superior Court of the District of Columbia.
(b) A subpoena issued under this section may be served by any person designated in the subpoena to serve it. Service upon a natural person may be made by personal delivery of the subpoena to that person. Service may be made upon a domestic or foreign corporation or upon a partnership or other unincorporated association which is subject to suit under a common name, by delivering the subpoena to an officer, to a managing or general agent, or to any other agent authorized by appointment or by law to receive service of process. The affidavit of the person serving the subpoena entered on a true copy thereof by the person serving it shall be proof of service.
(c) In the case of contumacy by or refusal to obey a subpoena issued to any person, the Mayor may invoke the aid of any District of Columbia court within the jurisdiction of which the investigation is carried on or of which the subpoenaed person is an inhabitant, or in which the subpoenaed person carries on business or may be found, to compel compliance with the subpoena. The court may issue an order requiring the subpoenaed person to appear before the Mayor to produce records, if so ordered, or to give testimony touching the matter under investigation. Any failure to obey the order of the court may be punished by the court as a contempt thereof.
(Aug. 5, 1981, D.C. Law 4-29, § 507, 28 DCR 3081; May 10, 1989, D.C. Law 7-231, § 41, 36 DCR 492.)
Prior Codifications
1981 Ed., § 33-557.
Section References
This section is referenced in § 48-905.05.
2023 District of Columbia Code › Title 48 - Foods and Drugs › Chapter 9 - Controlled Substances Act › Subchapter VI - Miscellaneous › § 48–906.01. Pending proceedings

§ 48–906.01. Pending proceedings.
(a) Prosecution for any violation of the laws repealed by D.C. Law 4-29, pursuant to § 604, which were initiated prior to August 5, 1981, is not affected or abated by this chapter. If the offense being prosecuted is similar to an offense set out in subchapter IV of this chapter, then the penalties under subchapter IV of this chapter apply if they are less than those under prior law.
(b) Civil seizures or forfeitures commenced prior to August 5, 1981, are not affected by this chapter.
(c) All administrative proceedings pending under prior laws which are superseded by this chapter shall be continued and brought to a final determination in accord with the laws and rules in effect prior to August 5, 1981.
(d) The Mayor shall initially permit persons to register who own or operate any establishment engaged in the manufacture, distribution, or dispensing of any controlled substance prior to August 5, 1981, and who are registered or licensed by the District of Columbia on August 5, 1981, pursuant to laws and rules in effect immediately prior thereto.
(e) This chapter applies to violations of law, seizures and forfeiture, administrative proceedings, and investigations which occur following its effective date.
(Aug. 5, 1981, D.C. Law 4-29, § 601, 28 DCR 3081.)
Prior Codifications
1981 Ed., § 33-561.
2023 District of Columbia Code › Title 48 - Foods and Drugs › Chapter 9 - Controlled Substances Act › Subchapter VI - Miscellaneous › § 48–906.02. Continuation of orders and rules

§ 48–906.02. Continuation of orders and rules.
Any orders and rules issued under any law affected by this chapter and in effect on August 5, 1981, and not in conflict with it, continue in effect until modified, superseded, or repealed.
(Aug. 5, 1981, D.C. Law 4-29, § 602, 28 DCR 3081.)
Prior Codifications
1981 Ed., § 33-562.
2023 District of Columbia Code › Title 48 - Foods and Drugs › Chapter 9 - Controlled Substances Act › Subchapter VI - Miscellaneous › § 48–906.03. Severability

§ 48–906.03. Severability.
If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
(Aug. 5, 1981, D.C. Law 4-29, § 603, 28 DCR 3081.)
Prior Codifications
1981 Ed., § 33-563.
Cross References
Controlled substances, forfeitures, proceeds transferred to Fund, see § 48-905.02.
2023 District of Columbia Code › Title 48 - Foods and Drugs › Chapter 9 - Controlled Substances Act › Subchapter VII - Drug Interdiction and Demand Reduction Fund › § 48–907.01. Establishment of Fund. [Repealed]

§ 48–907.01. Establishment of Fund. [Repealed]
Repealed.
(Aug. 5, 1981, D.C. Law 4-29, § 701; as added June 13, 1990, D.C. Law 8-138, § 2(f), 37 DCR 2638; Sept. 14, 2011, D.C. Law 19-21, § 9067(b), 58 DCR 6226.)
Prior Codifications
1981 Ed., § 33-571.
Editor's Notes
Mayor to implement public information program: See Historical and Statutory Notes following § 48-901.02.
2023 District of Columbia Code › Title 48 - Foods and Drugs › Chapter 9 - Controlled Substances Act › Subchapter VII - Drug Interdiction and Demand Reduction Fund › § 48–907.02. Funding and disbursements. [Repealed]

§ 48–907.02. Funding and disbursements. [Repealed]
Repealed.
(Aug. 5, 1981, D.C. Law 4-29, § 702; as added June 13, 1990, D.C. Law 8-138, § 2(f), 37 DCR 2638; Sept. 26, 1992, D.C. Law 9-155, § 2(b), 39 DCR 5679; Sept. 26, 1995, D.C. Law 11-52, § 809(a), 42 DCR 3684; Sept. 20, 2012, D.C. Law 19-168, § 8004, 59 DCR 8025.)
Prior Codifications
1981 Ed., § 33-572.
Section References
This section is referenced in § 23-532.
Emergency Legislation
For temporary (90 day) repeal of section, see § 8004 of Fiscal Year 2013 Budget Support Emergency Act of 2012 (D.C. Act 19-383, June 19, 2012, 59 DCR 7764).
For temporary (90 day) repeal of section, see § 8004 of Fiscal Year 2013 Budget Support Congressional Review Emergency Act of 2012 (D.C. Act 19-413, July 25, 2012, 59 DCR 9290).
Temporary Legislation
For temporary (225 day) amendment of section, see § 804(a) of Multiyear Budget Spending Reduction and Support Temporary Act of 1995 (D.C. Law 10-253, March 23, 1995, law notification 42 DCR 1652).
Editor's Notes
Section 8010 of D.C. Law 19-168 provided that §§ 8002, 8003, 8004, 8005, 8006, and 8007 of the act shall apply as of September 14, 2011.
2023 District of Columbia Code › Title 48 - Foods and Drugs › Chapter 9 - Controlled Substances Act › Subchapter VII - Drug Interdiction and Demand Reduction Fund › § 48–907.03. Grant Award Committee. [Repealed]

§ 48–907.03. Grant Award Committee. [Repealed]
Repealed.
(Aug. 5, 1981, D.C. Law 4-29, § 703; as added June 11, 1992, D.C. Law 9-123, § 2(c), 39 DCR 3202; Sept. 26, 1992, D.C. Law 9-155, § 2(c), 39 DCR 5679; Sept. 26, 1995, D.C. Law 11-52, § 809(b), 42 DCR 3684.)
Prior Codifications
1981 Ed., § 33-573.
Temporary Legislation
For temporary (225 day) amendment of section, see § 804(b) of Multiyear Budget Spending Reduction and Support Temporary Act of 1995 (D.C. Law 10-253, March 23, 1995, law notification 42 DCR 1652).
Editor's Notes
D.C. Law 10-253, title VIII, § 804(b) ( 42 DCR 721), eff. March 23, 1995, provided for the temporary repeal of this section. Title XIII, § 1301(b) of D.C. Law 10-253 provided for expiration “on the 225th day of its having taken effect or upon the effective date of the Multiyear Budget Spending Reduction and Support Act of 1995, whichever occurs first.”
2023 District of Columbia Code › Title 48 - Foods and Drugs › Chapter 9B - Controlled Substances Generally › Subchapter I - Searches Involving Controlled Substances › § 48–921.01. Arrests, searches and seizures without warrant

§ 48–921.01. Arrests, searches and seizures without warrant.
(a) Repealed.
(b) Arrests without a warrant, and searches of the person and seizures pursuant thereto, may be made for a violation of subsection (a) of this section hereof by police officers, as in the case of a felony, upon probable cause that the person arrested is violating such subsection at the time of his arrest.
(c) No evidence discovered in the course of any such arrest, search, or seizure authorized by subsection (b) of this section hereof shall be admissible in any criminal proceeding against the person arrested unless at the time of such arrest he was violating the provisions of this section.
(June 20, 1938, 52 Stat. 787, ch. 532, § 2; July 24, 1956, 70 Stat. 618, ch. 676, title III, § 301(b); Aug. 5, 1981, D.C. Law 4-29, § 604(a)(3); Mar. 16, 1982, D.C. Law 4-77, § 3, 29 DCR 46.)
Prior Codifications
1981 Ed., § 33-564.
1973 Ed., § 33-402.
Editor's Notes
Former § 33-502 was redesignated to be § 33-564 1981 Ed. upon enactment of D.C. Law 4-29.
2023 District of Columbia Code › Title 48 - Foods and Drugs › Chapter 9B - Controlled Substances Generally › Subchapter I - Searches Involving Controlled Substances › § 48–921.02a. Articulable suspicion

§ 48–921.02a. Articulable suspicion.
(a) Except as provided in subsection (b) of this section, none of the following shall, individually or in combination with each other, constitute reasonable articulable suspicion of a crime:
(1) The odor of marijuana or of burnt marijuana;
(2) The possession of or the suspicion of possession of marijuana without evidence of quantity in excess of 1 ounce;
(3) The possession of multiple containers of marijuana without evidence of quantity in excess of 1 ounce; or
(4) The possession of marijuana in proximity to any amount of cash or currency without evidence of marijuana quantity in excess of one ounce
(b) Subsection (a) of this section shall not apply when a law enforcement officer is investigating whether a person is operating or in physical control of a vehicle or watercraft while intoxicated, under the influence of, or impaired by alcohol or a drug or any combination thereof in violation of subchapter III-A of Chapter 22 of Title 50 [§ 50-2206.01 et seq.].
(June 20, 1938, 52 Stat. 792, ch. 532, § 14a; as added July 17, 2014, D.C. Law 20-126, § 407(b), 61 DCR 3482.)
Effect of Amendments
The 2014 amendment by D.C. Law 20-126 added this section.
Editor's Notes
Section 501 of D.C. Law 20-126 provided that the Mayor, pursuant to subchapter I of Chapter 5 of Title 2 [§ 2-501 et seq.], may issue rules to implement the provisions of the act.
2023 District of Columbia Code › Title 48 - Foods and Drugs › Chapter 9B - Controlled Substances Generally › Subchapter II - Physicians and Controlled Substances › § 48–931.01. Physician privilege

§ 48–931.01. Physician privilege.
Information communicated to a physician in an effort unlawfully to procure controlled substances, or unlawfully to procure the administration of any such controlled substances, shall not be deemed a privileged communication.
(June 20, 1938, 52 Stat. 795, ch. 532, § 20; Aug. 5, 1981, D.C. Law 4-29, § 604(b)(4), 28 DCR 3081.)
Prior Codifications
1981 Ed., § 33-566.
1973 Ed., § 33-420.
Editor's Notes
Subsection (b) of former § 33-521 was redesignated to be § 33-566 1981 Ed. upon the enactment of D.C. Law 4-29.
2023 District of Columbia Code › Title 48 - Foods and Drugs › Chapter 9B - Controlled Substances Generally › Subchapter II - Physicians and Controlled Substances › § 48–931.02. Supervision by licensed practitioner

§ 48–931.02. Supervision by licensed practitioner.
A licensed practitioner, in good faith and in the course of professional practice only, may cause controlled substances to be administered by a nurse, certified emergency medical technician/paramedic, certified emergency medical technician/intermediate paramedic, or intern under the licensed practitioner’s direction and supervision.
(Nov. 17, 1981, D.C. Law 4-52, § 3(c)(2), 28 DCR 4348; Oct. 17, 2002, D.C. Law 14-194, § 502, 49 DCR 5306.)
Prior Codifications
1981 Ed., § 33-567.
Effect of Amendments
Effective October 17, 2003, D.C. Law 14-194 substituted “nurse, certified emergency medical technician/paramedic, certified emergency medical technician/intermediate paramedic, or intern” for “nurse or intern”.
Temporary Repeal of Section For temporary (225 day) repeal of section, see § 2 of (D.C. Law 14-259, March 27, 2003, law notification 52 DCR 4125).
Emergency Legislation
For temporary (90 day) amendment of section, see § 2 of Uniform Controlled Substances Emergency Amendment Act of 2002 (D.C. Act 14-527, November 26, 2002, 49 DCR 11180).
For temporary (90 day) amendment of section, see § 2 of Uniform Controlled Substances Congressional Review Emergency Amendment Act of 2003 (D.C. Act 15-15, February 24, 2003, 50 DCR 1942).
Editor's Notes
Sections 502 and 503 of D.C. Law 14-194 amended this section applicable to Oct. 17, 2003.
2023 District of Columbia Code › Title 48 - Foods and Drugs › Chapter 9C - Entheogenic Plant and Fungus Policy › § 48–921.51. Findings and declaration of policy

§ 48–921.51. Findings and declaration of policy.
(a) The people of the District of Columbia find that use of entheogenic plants and fungi have been demonstrated, through scientific studies, to be beneficial in addressing a variety of afflictions, including substance abuse, addiction, trauma, post-traumatic stress syndrome, chronic depression, anxiety, diabetes, cluster headaches, and other conditions; and that practices with entheogenic plants and fungi have long existed, have been considered sacred to a number of cultures and religions for millennia, and continue to be enhanced and improved. Citizens of the District of Columbia seeking to improve their health and well-being through the use of entheogenic plants and fungi currently use them in fear of arrest and prosecution.
(b) It is declared that the policy of this chapter is to make investigation and arrest of adults for non-commercial planting, cultivating, purchasing, transporting, distributing, possessing, or engaging in practices with entheogenic plants and fungi among the lowest law enforcement priorities for the District of Columbia.
(Mar. 16, 2021, D.C. Law 23-268, § 2, 68 DCR 001376.)
Editor's Notes
This section was created by Initiative No. 81, the Entheogenic Plant and Fungus Policy Act of 2020, D.C. Law 23-268, March 16, 2021, 68 DCR 1376.
2023 District of Columbia Code › Title 48 - Foods and Drugs › Chapter 9C - Entheogenic Plant and Fungus Policy › § 48–921.52. Policy regarding investigation and arrest for offenses involving entheogenic plants and fungi

§ 48–921.52. Policy regarding investigation and arrest for offenses involving entheogenic plants and fungi.
(a) For purposes of this section, the term "entheogenic plant and fungus" means any plant or fungus of any species in which there is naturally occurring any of the following substances in any form, which would cause such plant or fungus to be described in § 48-902.04(3): ibogaine, dimethyltryptamine, mescaline, psilocybin, or psilocyn.
(b) The Metropolitan Police Department shall make the investigation and arrest of persons 18 years of age or older for non-commercial planting, cultivating, purchasing, transporting, distributing, engaging in practices with, and/or possessing entheogenic plants and fungi that are listed in § 48-902.04, as among its lowest enforcement priorities.
(c) Nothing in this section shall affect the priority of enforcing any provision of subchapter III-A of Chapter 22 of Title 50 or of § 48-904.07a.
(Mar. 16, 2021, D.C. Law 23-268, § 3, 68 DCR 001376.)
Editor's Notes
This section was created by Initiative No. 81, the Entheogenic Plant and Fungus Policy Act of 2020, D.C. Law 23-268, March 16, 2021, 68 DCR 1376.
2023 District of Columbia Code › Title 48 - Foods and Drugs › Chapter 9C - Entheogenic Plant and Fungus Policy › § 48–921.53. Desire of the people for the cessation of prosecution of certain uses of entheogenic plants and fungi

§ 48–921.53. Desire of the people for the cessation of prosecution of certain uses of entheogenic plants and fungi.
The people of the District of Columbia call upon the Attorney General of the District of Columbia and the United States Attorney for the District of Columbia to cease prosecution of residents of the District of Columbia for non-commercial planting, non-commercial cultivating, purchasing, transporting, distributing, engaging in practices with, and/or possessing entheogenic plants and fungi as defined in § 48-921.52.
(Mar. 16, 2021, D.C. Law 23-268, § 4, 68 DCR 001376.)
Editor's Notes
This section was created by Initiative No. 81, the Entheogenic Plant and Fungus Policy Act of 2020, D.C. Law 23-268, March 16, 2021, 68 DCR 1376.
2023 District of Columbia Code › Title 48 - Foods and Drugs › Chapter 10 - Drug Free Zones › § 48–1001. Definitions. [Repealed]

§ 48–1001. Definitions. [Repealed]
Repealed.
(June 3, 1997, D.C. Law 11-270, § 2, 43 DCR 4493; May 6, 2015, D.C. Law 20-274, § 3, 61 DCR 12117.)
Prior Codifications
1981 Ed., § 33-581.
Emergency Legislation
For temporary addition of subchapter, see §§ 2-6 of the Anti-Loitering/Drug Free Zone Emergency Act of 1996 (D.C. Act 11-278, May 29, 1996, 43 DCR 2974),§§ 2-6 of the Anti-Loitering/Drug Free Zone Legislative Review Emergency Act of 1996 (D.C. Act 11-319, July 31, 1996, 43 DCR 4487), §§ 2-6 of the Anti-Loitering/Drug Free Zone Congressional Review Emergency Act of 1996 (D.C. Act 11-426, October 28, 1996, 43 DCR 6331), §§ 2-6 of the Anti-Loitering/Drug Free Zone Second Congressional Review Emergency Act of 1996 (D.C. Act 11-468, December 30, 1996, 44 DCR 175), and §§ 2-6 of the Anti-Loitering/Drug Free Zone Congressional Review Emergency Act of 1997 (D.C. Act 12-55, March 31, 1997, 44 DCR 2219).
2023 District of Columbia Code › Title 48 - Foods and Drugs › Chapter 10 - Drug Free Zones › § 48–1002. Procedure for establishing a drug free zone. [Repealed]

§ 48–1002. Procedure for establishing a drug free zone. [Repealed]
Repealed.
(June 3, 1997, D.C. Law 11-270, § 3, 43 DCR 4493; Apr. 24, 2007, D.C. Law 16-306, § 226, 53 DCR 8610; Dec. 10, 2009, D.C. Law 18-88, § 226, 56 DCR 7413; May 6, 2015, D.C. Law 20-274, § 3, 61 DCR 12117.)
Prior Codifications
1981 Ed., § 33-582.
Section References
This section is referenced in § 48-1001 and § 48-1004.
Effect of Amendments
D.C. Law 16-306, in subsec. (a), substituted “240 consecutive hours” for “120 consecutive hours”.
D.C. Law 18-88, in subsec. (a), substituted “480 consecutive hours” for “240 consecutive hours”; and rewrote subsecs. (b)(1), (2).
Emergency Legislation
For temporary addition of subchapter, see note to § 48-1001.
For temporary (90 day) amendment of section, see § 226 of Omnibus Public Safety Emergency Amendment Act of 2006 (D.C. Act 16-445, July 19, 2006, 53 DCR 6443).
For temporary (90 day) amendment of section, see § 226 of Omnibus Public Safety Congressional Review Emergency Amendment Act of 2006 (D.C. Act 16-490, October 18, 2006, 53 DCR 8686).
For temporary (90 day) amendment of section, see § 226 of Omnibus Public Safety Congressional Review Emergency Amendment Act of 2007 (D.C. Act 17-10, January 16, 2007, 54 DCR 1479).
For temporary (90 day) amendment of section, see § 226 of Omnibus Public Safety Second Congressional Review Emergency Amendment Act of 2007 (D.C. Act 17-25, April 19, 2007, 54 DCR 4036).
For temporary (90 day) amendment of section, see § 226 of Omnibus Public Safety and Justice Emergency Amendment Act of 2009 (D.C. Act 18-181, August 6, 2009, 56 DCR 6903).
For temporary (90 day) amendment of section, see § 226 of Omnibus Public Safety and Justice Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-227, October 21, 2009, 56 DCR 8668).
2023 District of Columbia Code › Title 48 - Foods and Drugs › Chapter 10 - Drug Free Zones › § 48–1003. Notice of a drug free zone. [Repealed]

§ 48–1003. Notice of a drug free zone. [Repealed]
Repealed.
(June 3, 1997, D.C. Law 11-270, § 4, 43 DCR 4493; May 6, 2015, D.C. Law 20-274, § 3, 61 DCR 12117.)
Prior Codifications
1981 Ed., § 33-583.
Emergency Legislation
For temporary addition of subchapter, see note to § 48-1001.
2023 District of Columbia Code › Title 48 - Foods and Drugs › Chapter 10 - Drug Free Zones › § 48–1004. Prohibition. [Repealed]

§ 48–1004. Prohibition. [Repealed]
Repealed.
(June 3, 1997, D.C. Law 11-270, § 5, 43 DCR 4493; May 6, 2015, D.C. Law 20-274, § 3, 61 DCR 12117.)
Prior Codifications
1981 Ed., § 33-584.
Section References
This section is referenced in § 48-1005.
Emergency Legislation
For temporary addition of subchapter, see note to § 48-1001.
2023 District of Columbia Code › Title 48 - Foods and Drugs › Chapter 10 - Drug Free Zones › § 48–1005. Penalties. [Repealed]

§ 48–1005. Penalties. [Repealed]
Repealed.
(June 3, 1997, D.C. Law 11-270, § 6, 43 DCR 4493; June 11, 2013, D.C. Law 19-317, § 253, 60 DCR 2064; May 6, 2015, D.C. Law 20-274, § 3, 61 DCR 12117.)
Prior Codifications
1981 Ed., § 33-585.
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 $300”.
Emergency Legislation
For temporary addition of subchapter, see note to § 48-1001.
For temporary (90 days) amendment of this section, see § 253 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 11 - Drug Paraphernalia › Subchapter I - General › § 48–1104. Property subject to forfeiture

§ 48–1104. Property subject to forfeiture.
(a) The following shall be subject to forfeiture immediately, and no property right shall exist in them after a final conviction by a court:
(1) All books, records, and research, including formulas, microfilm, tapes, and data which are used, or intended for use, in violation of this subchapter;
(2) All money or currency which shall be found in close proximity to drug paraphernalia or which otherwise has been used or intended for use in connection with the manufacture, distribution, delivery, sale, use (other than for personal use), dispensing, or possession (other than for personal use) of drug paraphernalia in violation of § 48-1103; and
(3) All drug paraphernalia as defined in §§ 48-1101 and 48-1102 and prohibited in § 48-1103.
(b) Repealed.
(Sept. 17, 1982, D.C. Law 4-149, § 5, 29 DCR 3369; Apr. 11, 2019, D.C. Law 22-288, § 203(b), 66 DCR 1656; Mar. 16, 2021, D.C. Law 23-182, § 5(d), 68 DCR 00008.)
Prior Codifications
1981 Ed., § 33-604.
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 11 - Drug Paraphernalia › Subchapter II - Prohibition on Distribution of Needles and Syringes Near Schools › § 48–1121. Distribution of needle or syringe near schools prohibited

§ 48–1121. Distribution of needle or syringe near schools prohibited.
(a) Repealed.
(b) The Public Housing Police of the District of Columbia Housing Authority shall prepare a monthly report on activity involving illegal drugs at or near any public housing site where a needle exchange program is conducted, and shall submit such reports to the Executive Director of the District of Columbia Housing Authority, who shall submit them to the Committees on Appropriations of the House of Representatives and Senate. The Executive Director shall ascertain any concerns of the residents of any public housing site about any needle exchange program conducted on or near the site, and this information shall be included in these reports. The District of Columbia Government shall take appropriate action to require relocation of any such program if so recommended by the police or by a significant number of residents of such site.
(Nov. 22, 2000, 114 Stat. 2440, Pub. L. 106-522, § 150; Apr. 11, 2019, D.C. Law 22-288, § 204, 66 DCR 1656.)
Prior Codifications
1981 Ed., § 33-550.1.
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 12 - Marijuana Possession Decriminalization › Subchapter I - One Ounce or Less of Marijuana › § 48–1201. Possession or transfer of one ounce or less of marijuana

§ 48–1201. Possession or transfer of one ounce or less of marijuana.
(a) Notwithstanding any other District law, the possession or transfer without remuneration of marijuana weighing one ounce or less shall constitute a civil violation.
(b) A violation of subsection (a) of this section shall not constitute a criminal offense or a delinquent act as defined in § 16-2301(7).
(c) The possession of paraphernalia associated with a violation of subsection (a) of this section shall not constitute a violation of § 48-1103.
(July 17, 2014, D.C. Law 20-126, § 101, 61 DCR 3482.)
Section References
This section is referenced in § 2-1515.05, § 2-1831.03, § 4-205.01, § 16-2327, § 23-1321, § 24-304, § 24-903, § 48-904.01, § 48-1103, § 48-1213, and § 50-1403.02.
Editor's Notes
Section 501 of D.C. Law 20-126 provided that the Mayor, pursuant to subchapter I of Chapter 5 of Title 2 [§ 2-501 et seq.], may issue rules to implement the provisions of the act.
2023 District of Columbia Code › Title 48 - Foods and Drugs › Chapter 12 - Marijuana Possession Decriminalization › Subchapter I - One Ounce or Less of Marijuana › § 48–1202. Identification of offenders

§ 48–1202. Identification of offenders.
(a) A person who is stopped by a police officer for violating § 48-1201 shall, upon request, inform the officer of his or her name and address for the purpose of including that information on a notice of violation; provided, that no person shall be required to possess or display any documentary proof of his or her name or address in order to comply with the requirements of this section.
(b) A person who refuses to provide his or her name and address, or who knowingly provides an incorrect name or address, to a police officer in violation of subsection (a) of this section shall, upon conviction, be fined $100.
(July 17, 2014, D.C. Law 20-126, § 102, 61 DCR 3482.)
Section References
This section is referenced in § 48-1203.
2023 District of Columbia Code › Title 48 - Foods and Drugs › Chapter 12 - Marijuana Possession Decriminalization › Subchapter I - One Ounce or Less of Marijuana › § 48–1203. Penalties

§ 48–1203. Penalties.
(a) A person 18 years of age or older who commits a civil violation of § 48-1201 shall be subject to a civil fine of $25 and seizure of any marijuana and paraphernalia visible to the police officer at the time of the civil violation.
(b)(1) A person under the age of 18 years who commits a civil violation of § 48-1201 shall be subject to a civil fine of $25 and seizure of any marijuana and paraphernalia visible to the police officer at the time of the civil violation.
(2) The Office of Administrative Hearings shall mail a copy of the notice of violation to the parent or guardian of the person to whom the notice of violation is issued at the address provided by the person at the time the citation is issued pursuant to § 48-1202.
(3) For the purposes of this subsection, the term “civil violation” shall have the same meaning as a civil Notice of Violation for the purposes of § 16-2333(a)(1A).
(c) Except as provided in this section, the District shall not request or impose any other form of penalty, sanction, forfeiture, or disqualification for violations of § 48-1201; provided, that this subsection does not apply to District government employers if drug use is specifically prohibited as a condition of employment, nor shall this subsection apply to Unit A of Chapter 25 of Title 7 [§ 7-2501.01 et seq.] and Chapter 45 of Title 22 [§ 22-4501 et seq.].
(July 17, 2014, D.C. Law 20-126, § 103, 61 DCR 3482.)
Section References
This section is referenced in § 48-1204 and § 48-1213.
2023 District of Columbia Code › Title 48 - Foods and Drugs › Chapter 12 - Marijuana Possession Decriminalization › Subchapter I - One Ounce or Less of Marijuana › § 48–1204. Substance Abuse Prevention and Treatment Fund

§ 48–1204. Substance Abuse Prevention and Treatment Fund.
(a) There is established as a special fund the Substance Abuse Prevention and Treatment Fund (“Fund”), which shall be administered by the Department of Behavioral Health in accordance with subsections (c) and (d) of this section.
(b) The Fund shall consist of revenue from the payment of fines collected pursuant to § 48-1203.
(c) The Fund shall be used for substance abuse prevention and treatment efforts.
(d)(1) The money deposited into the Fund, and interest earned, shall not revert to the unrestricted fund balance of the General Fund at the end of a fiscal year, or at any other time.
(2) Subject to authorization in an approved budget and financial plan, any funds appropriated in the Fund shall be continually available without regard to fiscal year limitation.
(July 17, 2014, D.C. Law 20-126, § 104, 61 DCR 3482.)
2023 District of Columbia Code › Title 48 - Foods and Drugs › Chapter 12 - Marijuana Possession Decriminalization › Subchapter II - Civil Violations › § 48–1211. Adjudication

§ 48–1211. Adjudication.
Civil violations of § 48-1201 shall be adjudicated by the Office of Administrative Hearings in accordance with this subchapter.
(July 17, 2014, D.C. Law 20-126, § 201, 61 DCR 3482.)
Editor's Notes
Section 501 of D.C. Law 20-126 provided that the Mayor, pursuant to subchapter I of Chapter 5 of Title 2 [§ 2-501 et seq.], may issue rules to implement the provisions of the act.
2023 District of Columbia Code › Title 48 - Foods and Drugs › Chapter 12 - Marijuana Possession Decriminalization › Subchapter II - Civil Violations › § 48–1212. Answer to a notice of violation

§ 48–1212. Answer to a notice of violation.
(a) A person shall answer a notice of violation within 14 calendar days of the date the notice of violation was issued.
(b)(1) To answer a notice of violation, a person issued a notice may:
(A) Admit the violation;
(B) Admit the violation, but with an explanation; or
(C) Deny the violation.
(2) No response other than those listed in paragraph (1) of this subsection shall be regarded as an answer.
(c) A person admitting a violation shall, at the time the person submits an answer, pay the applicable civil fine in person or by mail.
(d) A person denying the violation shall receive from the Office of Administrative Hearings within 30 days of the office’s receipt of the answer a notice with information about a hearing date.
(e) If a person to whom a notice of violation has been issued fails to respond to the notice within 14 calendar days of the date the notice was issued, the person shall be found liable for the civil violation and in default and shall be assessed both the civil fine for the violation and an additional penalty equal to the amount of that civil fine.
(July 17, 2014, D.C. Law 20-126, § 202, 61 DCR 3482.)
Emergency Legislation
For temporary (90 days) amendment of this section, see § 3062 of the FY 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 DCSTAT 3696).
For temporary (90 days) amendment of this section, see § 3062 of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915).
2023 District of Columbia Code › Title 48 - Foods and Drugs › Chapter 12 - Marijuana Possession Decriminalization › Subchapter II - Civil Violations › § 48–1213. Hearing

§ 48–1213. Hearing.
(a) A hearing for judging a violation of § 48-1201 shall be held before an administrative law judge and the hearing shall be conducted accordance with subchapter I of Chapter 5 of Title 2 [§ 2-501 et seq.].
(b)(1) After due consideration of the evidence and arguments made at the hearing, the administrative law judge shall determine whether the violation has been established by a preponderance of evidence.
(2) Where a determination is made that a violation is not established, an order dismissing the violation shall be entered.
(3) Where a determination is made that the violation has been established, an appropriate order shall be entered in the records of the hearing and the administrative law judge shall order the respondent to pay the civil fine set forth in § 48-1203.
(c) An order rendered pursuant to a determination that a violation has been established, or pursuant to the receipt of an answer admitting the violation, shall be a civil order.
(d) A person who has answered a notice of violation, but fails, without good cause, to appear at the scheduled hearing shall be found liable for the violation and in default and shall be assessed both the civil fine for the violation and an additional penalty equal to the amount of that civil fine.
(e) For the purposes of this section, the term “evidence” includes the notice of violation, confirmation that the substance seized has tested positive as marijuana, and any records or notes made by the law enforcement officer when the marijuana was seized; provided, that the seized marijuana shall not be required to be presented at the hearing as evidence and may be destroyed as contraband by the law enforcement agency that seized it.
(July 17, 2014, D.C. Law 20-126, § 203, 61 DCR 3482; Feb. 26, 2015, D.C. Law 20-155, § 3062, 61 DCR 9990.)
Effect of Amendments
The 2015 amendment by D.C. Law 20-155 deleted “a statement from a law enforcement officer on the weight of the seized marijuana” following “violation” in (e).
Emergency Legislation
For temporary (90 days) amendment of this section, see § 3062 of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696).
For temporary (90 days) amendment of this section, see § 3062 of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188).
For temporary (90 days) amendment of this section, see § 3062 of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, January 9, 2015, 62 DCR 884, 21 STAT 541).
2023 District of Columbia Code › Title 49 - Military › Chapter 1 - Active Military Duty › § 49–101. Drill, parade, encampment or required duty

§ 49–101. Drill, parade, encampment or required duty.
Any drill, parade, encampment or duty that is required, ordered, or authorized to be performed under the provisions of this title, shall be deemed to be a military duty, and while on such duty every officer and enlisted man of the National Guard shall be subject to the lawful orders of his superior officers, and for any military offense may be put and kept under arrest or under guard for a time not extending beyond the term of service for which he is then ordered.
(Mar. 1, 1889, 25 Stat. 778, ch. 328, § 40; renumbered Feb. 18, 1909, 35 Stat. 634, ch. 146, § 43.)
Prior Codifications
1981 Ed., § 39-601.
1973 Ed., § 39-601.
Editor's Notes
Supervision and control of National Guard of District of Columbia: See Presidential Executive Order No. 11485, October 1, 1969, 34 F.R. 15411.
2023 District of Columbia Code › Title 49 - Military › Chapter 1 - Active Military Duty › § 49–102. Prescribing drills

§ 49–102. Prescribing drills.
The Commanding General shall prescribe such stated drills and parades as he may deem necessary for the instruction of the National Guard, and may order out any portion of the National Guard for such drills, inspections, parades, escort, or other duties, as he may deem proper. The commanding officer of any regiment, battalion or company may also assemble his command, or any part thereof, in the evening for drill, instruction, or other business, as he may deem expedient; but no parade shall be performed by any regiment, battalion, company, or part thereof, without the permission of the Commanding General.
(Mar. 1, 1889, 25 Stat. 778, ch. 328, § 41; renumbered Feb. 18, 1909, 35 Stat. 634, ch. 146, § 44.)
Prior Codifications
1981 Ed., § 39-602.
1973 Ed., § 39-602.
2023 District of Columbia Code › Title 49 - Military › Chapter 1 - Active Military Duty › § 49–103. Suppression of riots

§ 49–103. Suppression of riots.
When there is in the District of Columbia a tumult, riot, mob, or a body of men acting together by force with attempt to commit a felony or to offer violence to persons or property, or by force or violence to break and resist the laws, or when such tumult, riot, or mob is threatened, it shall be lawful for the Mayor of the District of Columbia, or for the United States Marshal for the District of Columbia, or for the National Capital Service Director, to call on the Commander-in-Chief to aid them in suppressing such violence and enforcing the laws; the Commander-in-Chief shall thereupon order out so much and such portion of the militia as he may deem necessary to suppress the same, and no member thereof who shall be thus ordered out by proper authority for any such duty shall be liable to civil or criminal prosecution for any act done in the discharge of his military duty.
(Mar. 1, 1889, 25 Stat. 778, ch. 328, § 45; renumbered Feb. 18, 1909, 35 Stat. 634, ch. 146, § 48; Dec. 24, 1973, 87 Stat. 826, Pub. L. 93-198, title VII, § 739(d).)
Prior Codifications
1981 Ed., § 39-603.
1973 Ed., § 39-603.
Change in Government
This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.