District Of Columbia 2023-2024 Regular Session

District Of Columbia Council Bill PR25-0241 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	MURIEL BOWSER
2	2	MAYOR
3	3	May 1
4	4	8, 2023
5	5	The Honorable Phil Mendelson
6	6	Chairman
7	7	Council of the District of Columbia
8	8	John A. Wilson Building
9	9	1350 Pennsylvania Avenue, NW, Suite 504
10	10	Washington, DC 20004
11	11	Dear Chairman Mendelson:
12	12	Enclosed for consideration and approval by the Council of the District of Columbia is a proposed
13	13	resolution entitled the “Medical Cannabis Regulations Approval Resolution of 2023.”
14	14	The proposed resolution would approve the Medical Cannabis Notice of Final Rulemaking, which
15	15	the District of Columbia Alcoholic Beverage and Cannabis Board (Board) adopted on January 25,
16	16	2023, on a vote of six (6) to zero (0). The proposed rulemaking was published in the D.C. Register on
17	17	March 10, 2023. The Board did not receive any comments that necessitated changes to the
18	18	rulemaking.
19	19	The proposed rulemaking amends Subtitle C of Title 22 of the District of Columbia Municipal
20	20	Regulations to comprehensively modify and update the regulations governing the District of
21	21	Columbia’s Medical Cannabis Program.
22	22	I ask that the Council act favorably on this resolution. If you have any questions on this matter,
23	23	please contact Donovan Anderson, Chairperson, Alcoholic Beverage and Cannabis Board, at (202)
24	24	442-4423.
25	25	Sincerely,
26	26	Muriel Bowser
27	27	Enclosures 1
28	28	2
29	29	3
30	30	4
31	31	5
32	32	6
33	33	7
34	34	8
35	35	9
36	36	10
37	37	11
38	38	12
39	39	13
40	40	14
41	41	15
42	42	16
43	43	17
44	44	18
45	45	19
46	46	20
47	47	21
48	48	22
49	49	23
50	50	24
51	51	25
52	52	A PROPOSED RESOLUTION
53	53	#;;!?~
54	54	Chairman Phil Mendelson
55	55	at the request
56	56	of the Mayor
57	57	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
58	58	To approve the proposed final rules
59	59	of the Alcoholic Beverage and Cannabis Board to amend the
60	60	District's medical cannabis regulations.
61	61	RESOLVED,
62	62	BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
63	63	resolution may be cited as the "Medical Cannabis Regulations Approval Resolution
64	64	of 2023".
65	65	Sec.
66	66	2. Pursuant to section l 4(b) of the Legalization of Marijuana for Medical Treatment
67	67	Initiative
68	68	of 1999, effective July 27, 2010 (D.C. Law 18-210; D. C. Official Code§ 7-1671.13(b))
69	69	the Council approves the proposed final rulemaking
70	70	of the Alcoholic Beverage and Cannabis
71	71	~~
72	72	Board, transmitted to the Council by the Mayor on --------------, to comprehensively amend and
73	73	update the regulations governing the District's medical cannabis program.
74	74	Sec.
75	75	3. This resolution shall take effect immediately. 1
76	76
77	77	ALCOHOLIC BEVERAGE CONTROL BOARD
78	78	ALCOHOLIC BEVERAGE REGULATION ADMINISTRATION
79	79
80	80	NOTICE OF FINAL RULEMAKING
81	81
82	82	The Alcoholic Beverage and Cannabis Board (Board), pursuant to Section 14 of the Legalization
83	83	of Marijuana for Medical Treatment Initiative of 1999 (the Act), effective July 27, 2010 (D.C.
84	84	Law 18-210; D.C. Official Code § 7-1671.13); and Mayor's Order 2020-099, dated September 30,
85	85	2020; hereby gives notice of the adoption, on an emergency basis, of amendments to Chapters 1
86	86	(Department of Health General Provisions), 2 (Conditions of Registration), 3 (Use of Medical
87	87	Marijuana), 4 (Disposal of Medical Marijuana), 5 (Qualifying Patients), 6 (Caregivers), 7
88	88	(Registration Cards), 8 (Recommending Authorized Practitioners), 9 (Denial of Applications), 10
89	89	(Enforcement Actions), 11 (Confidentiality of Records), 12 (Investigations and Inspections), 13
90	90	(Fees), 14 (Medical Marijuana Advisory Committee) , 50 (Registration, Licensing, and
91	91	Enforcement of Cultivation Centers, Dispensaries, and Testing Laboratories), 51 (Registration and
92	92	Permit Categories), 52 (Registration Limitations), 53 (General Registration Requirements), 54
93	93	(Registration Applications), 55 (Registration Changes), 56 (General Operating Requirements), 57
94	94	(Prohibited and Restricted Activities), 58 (Advertising), 59 (Records and Reports), 60 (Director
95	95	Approval Procedures), 61 (Mandatory Revocation and Mandatory Suspension), 62 (Enforcement
96	96	Proceedings and Hearings), 63 (Sliding Scale Program), 64 (Testing Laboratories), and 99
97	97	(Definitions) of Subtitle C (Medical Marijuana) of Title 22 (Health) of the District of Columbia
98	98	Municipal Regulations (DCMR).
99	99
100	100	I. PROCEDURAL BACKGROUND
101	101
102	102	On July 28, 2020, the Council of the District of Columbia (Council) passed legislation which transitioned the District's Medical Marijuana Program (Program) from the District of Columbia Department of Health (Department of Health) to the Board. See Medical Marijuana Program
103	103	Administration Amendment Act of 2020, effective December 3, 2020 (D.C. Law 23- 149; D.C.
104	104	Official Code §§ 7-1671.01, et seq .).
105	105
106	106	The Board acquired jurisdiction over the Program on October 1, 2020. Immediately after acquiring
107	107	jurisdiction of the Program, the Board adopted a series of emergency rulemakings to ensure that qualifying patients were able to receive their medical marijuana, without disruption, during the COVID- 19 pandemic. See Medical Marijuana Delivery Notice of Third Emergency Rulemaking,
108	108	68 DCR 00158 (January 1, 2021); and Nonresident Notice of Emergency Rulemaking, at 67 DCR
109	109	14549 (December 11, 2020).
110	110
111	111	After adopting the above-referenced emergency rulemakings, the Board determined that additional
112	112	changes to the program were warranted. Therefore, the Board drafted the Medical Marijuana
113	113	Program Notice of Emergency and Proposed Rulemaking, which the Board adopted on March 3, 2021. See 68 DCR 4361 (April 23, 2021) [EXPIRED]. The Board held a public hearing
114	114	concerning the proposed rulemaking on April 28, 2021.
115	115
116	116	II. PUBLIC COMMENTS
117	117
118	118	The Board reviewed and duly considered the comments it received at the public hearing. 2
119	119
120	120	Below is a summary of those comments and the Board's response in italics:
121	121
122	122	A. DAWN LEE-CARTY
123	123
124	124	Dawn Lee-Carty is the mother of a minor qualifying patient. Ms. Lee-Carty testified that her child
125	125	ingested contaminated medical marijuana that resulted in the child being hospitalized. Ms. Lee-
126	126	Carty raised concerns about the possibility of patients receiving contaminated medical marijuana,
127	127	and as such, recommended that the Board revisit the District's testing requirements. Specifically,
128	128	she requested that the Board amend the regulations to require that testing laboratories test for the
129	129	presence of piperonylbutoxide (PBO), which was the contaminant that was found in the ingested
130	130	medical marijuana that led to Zoe's hospitalization.
131	131
132	132	Ms. Lee-Carty further recommended that the Board amend the regulations concerning the
133	133	District's liability so that the District is held liable for harm(s) that may befall customers,
134	134	registrants, and families participating in the Medical Marijuana Program.
135	135
136	136	Lastly, Ms. Lee-Carty recommended that the regulations be amended to permit one to grow
137	137	marijuana for their own medical needs, or if they are a caregiver of a minor, for the minor's needs.
138	138	Ms. Lee-Carty believes her child would not have become ill from contaminated medical marijuana
139	139	had she been permitted to grow her own.
140	140
141	141	Although the Board is sympathetic to Ms. Lee-Carty's concerns, it does not agree with amending
142	142	the medical marijuana regulations to change the permissible PBO levels. The regulations already
143	143	require testing laboratories to test for PBO among other contaminants. Subsection 6409.5 of 22-
144	144	C DCMR sets a limit for PBO at 1.0 PPM, which is consistent with other jurisdictions, including
145	145	Maryland
146	146	- a leader in testing and updating its testing requirements. A review of other
147	147	jurisdictions' medical marijuana laws and regulations revealed PBO limits in excess of 1.0 PPM,
148	148	including 3.0 PPM in California and Nevada. For these reasons, the Board rejected this
149	149	recommendation.
150	150
151	151	The Board rejected the recommendation that the medical marijuana regulations be amended to
152	152	allow the District to be potentially liable for harm that one may suffer from participating in the
153	153	Program. The Board notes that the District does not distribute, produce, or sell medical
154	154	marijuana products itself; therefore, it is not liable for any harms caused by such products or
155	155	errors in the manufacturing process. The Board further notes that as an administrative agency,
156	156	the Board lacks the authority to waive immunity or change the District’s liability status. Finally,
157	157	the Board notes that the Board is not aware of anything in the District’s medical marijuana laws
158	158	that protect cultivation centers and dispensaries from products liability and similar lawsuits based
159	159	on harms caused by their products.
160	160
161	161	Finally, the Board rejects Ms. Lee- Carty's recommendation that the District's medical marijuana
162	162	regulations should be revised to allow one to grow their own medical marijuana for their personal
163	163	use at this time. This recommendation would require a statutory amendment. The Board would
164	164	not be able to revise the regulations unless and until the statute is revised. The Board further notes
165	165	that current law already allows individuals to grow up to six marijuana plants at one time.
166	166
167	167	3
168	168
169	169	B. RABBI KAHN AND STEPHANIE KAHN
170	170
171	171	Rabbi Kahn and Stephanie Kahn are the co-owners of Takoma Wellness Center. They testified in
172	172	general support of the rulemaking, especially as it relates to the proposed changes to the fines,
173	173	show cause proceedings, fact finding hearings, and qualifying patients being allowed to administer
174	174	or have medical marijuana administered at a location other than their residence. They did,
175	175	however, request that the Board amend the regulations to allow dispensaries to sell medical
176	176	marijuana to patients who have received a medical marijuana card from their home state.
177	177
178	178	The Board agreed with this recommendation because it will allow persons who have been
179	179	approved for a medical marijuana card outside of the District to be able to receive marijuana for
180	180	their medical needs from a District dispensary. As such, the Board revised the definition of "Active
181	181	Medical Marijuana Program" in 22 DCMR C § 9900.1 to recognize medical marijuana cards that
182	182	were issued by a state or U.S. territory that allows the use of marijuana for one's medical needs.
183	183
184	184	C. ADRIAN SALSGIVER
185	185
186	186	Adrian Salsgiver, a qualifying patient in the District's Medical Marijuana Program, testified in
187	187	support of the Board's proposed rulemaking and suggested amending the regulations to allow
188	188	patients to administer medical marijuana at additional locations, permitting dispensaries to provide
189	189	educational classes, and removing the cap on dispensary delivery vehicles that provide delivery
190	190	services. Mr. Salsgiver did suggest that the Board revise the regulations to eliminate the limit on
191	191	the amount of medical marijuana a qualifying patient is permitted to have (e.g., two ounces (2
192	192	oz.)).
193	193
194	194	Although the Board agreed with Mr. Salsgiver's recommendation, his suggested amendments
195	195	regarding the medical marijuana limits cannot be addressed by rulemaking. The Council will
196	196	need to revise the statute before the Board can revise the regulations.
197	197
198	198	D. DISTRICT OF COLUMBIA CANNABIS TRADE ASSOCIATION
199	199
200	200	The District of Columbia Cannabis Trade Association (CTA) testified at the public hearing and submitted written comments to the Board. The CTA supported various aspects of the proposed
201	201	regulations, including allowing qualifying patients to administer medical marijuana at a location
202	202	other than their residence, repealing the mandatory training program for recommending authorized
203	203	practitioners, authorizing medical marijuana trainings and demonstrations at dispensaries, and renaming the Board and the Alcoholic Beverage Regulation Administration.
204	204	Additionally, the CTA suggested that the Board incorporate the following revisions to the regulations:
205	205
206	206	1. Establish penalties for unlawfully operating establishments and the building owners where
207	207	they are located;
208	208
209	209	2. Require that at least one individual within the medical marijuana industry (e.g., dispensary,
210	210	cultivation center, or testing laboratory) serve as a member of the Advisory Committee; 4
211	211
212	212	3. Address all forms of social inequities which present barriers to persons entering the medical
213	213	marijuana market, as opposed to those disenfranchised based on race, ethnicity, and criminal
214	214	background;
215	215
216	216	4. Allow dispensaries to use their own drivers for medical marijuana dispensaries;
217	217
218	218	5. Permanently allow for temporary registration cards, rather than limiting their use to periods of
219	219	public health emergency;
220	220
221	221	6. Allow qualifying patients to self-certify in order to obtain a medical marijuana patient card;
222	222
223	223	7. Increase the thirty (30)-day patient allowance from four ounces (4 oz.) to six or eight
224	224	ounces (6 oz. or 8 oz.);
225	225
226	226	8. Remove the tax on medical marijuana;
227	227
228	228	9. Make the medical marijuana program card valid for two (2) years;
229	229
230	230	10. Allow cultivators to grow hemp and for dispensaries to sell it;
231	231
232	232	11. Allow dispensaries to throw away unused medical marijuana if the ratio of by -product to the
233	233	other content of trash is less than fifty percent (50%);
234	234
235	235	12. Revise the sliding scale requirements in 22 DCMR § 6300.1;
236	236
237	237	13. Revise the regulations to allow for deliveries to one's porch, driveway, or walkway, and
238	238	remove the requirement that one affirm that there is not a gun in the residence;
239	239
240	240
241	241	14. Fully regulate CBD shops; and
242	242
243	243	15. Lastly, the CTA opposed the proposed regulation to increase the number of dispensaries.
244	244
245	245	The Board appreciated CTA's concerns regarding the illicit marijuana market and the adverse impact it has on the community, qualifying patients, and lawfully operating medical marijuana businesses. The Board, however, believes that the Metropolitan Police Department is engaged on
246	246	this issue and that these concerns should be addressed legislatively rather than amending the
247	247	regulations. As such, it rejected the CTA's recommendation to penalize illegal operations and the
248	248	building owners whose buildings are being used for these activities.
249	249
250	250	The Board agreed with CTA's suggestion that a member of the industry should be a member of the
251	251	Advisory Board, and thus, revised 22- C DCMR §1400.1 to reflect this change. The Board also
252	252	agreed with the recommendation to allow dispensaries to use their own employees to delivery
253	253	medical marijuana. This change is reflected in 22- C DCMR § 5703.3. The Board also agreed with
254	254	the CTA's recommendation to allow for deliveries to be made on one's porch, walkway, or driveway, and to remove the requirement that one attest that guns are not present in the residence.
255	255	These changes are reflected in 22- C DCMR § 5703.3(l).
256	256	5
257	257
258	258	Additionally, the Board agreed with the CTA's recommendation for a new third- party delivery
259	259	license. The Board notes, however, that this is included in the Medical Cannabis Amendment Act
260	260	of 2021, which was discussed in a November 19, 2021 hearing. Any future amendments to the
261	261	regulations would be dependent on the Council's decision on the pending legislation. Finally, with
262	262	respect to the CTA's recommendations concerning the disposal of unused marijuana, the Board
263	263	decided not to take any action at this time. Instead, it will work with the Department of
264	264	Environment and Energy (DOEE) and the Metropolitan Police Department (MPD) to further
265	265	amend the disposal requirements.
266	266
267	267	CTA's other recommendations, although valid, cannot be addressed via rulemaking. Instead, they
268	268	would require statutory amendments by the Council. These include:
269	269
270	270	1. Allowing qualifying patients to self-certify;
271	271
272	272	2. Changing the number of dispensaries;
273	273
274	274	3. Not taxing medical marijuana, and therefore treating it like other pharmaceuticals;
275	275
276	276	4. Making the medical marijuana cards valid for two (2) years;
277	277
278	278	5. Removing the requirement for criminal background checks for medical marijuana patient
279	279	caregivers;
280	280
281	281	6. Changes to the sliding scale requirement; and
282	282
283	283	7. Allowing cultivation centers to grow hemp.
284	284
285	285	E. PHYTO CULTIVATION LLC
286	286
287	287	Phyto Cultivation LLC, (Phyto) a District cultivation center, submitted written testimony.
288	288	Specifically, Phyto suggested increasing the limit of THC in certain products, eliminating the 250
289	289	patient recommendation limit and audit requirement on practitioners that issue a certain number
290	290	of medical marijuana patient recommendations, and continuing to allow telehealth services. Phyto
291	291	also suggested allowing the use of cannabidiol (CBD) as an ingredient and adding additional
292	292	packaging and anti-tampering requirements for cultivation centers and dispensaries. Lastly, Phyto
293	293	raised similar concerns as CTA as it relates to the disposal of medical marijuana.
294	294
295	295	The Board agreed with Phyto's recommendation that medical practitioners should not be subject
296	296	to a recommendation limit in a 12- month period and an audit for exceeding this amount. The
297	297	Board notes that even if this requirement is lifted, medical practitioners will still be subject to
298	298	professional standards and oversight by the appropriate medical board. As such, the Board is
299	299	seeking to repeal 22-C DCMR § 806.
300	300
301	301	F. PATRICIA C. FRYE, MD
302	302
303	303	Dr. Patricia Frye, a practicing physician, submitted written comments to the Board. Specifically,
304	304	Dr. Frye asked the Board to permanently allow telehealth medicine. 6
305	305
306	306
307	307	The Board agreed with this recommendation, which is reflected in the proposed new section 22-C
308	308	DCMR § 807.
309	309
310	310	III. THE BOARD'S DECISION
311	311
312	312	In addition to the comments received by the Board in response to the initial rulemaking, the Council of the District of Columbia passed a series of emerg ency and temporary bills concerning
313	313	the Program. The comments received by the Board as well as the Council's legislative action
314	314	required further review by the Board. Thus, the Board renewed the emergency rules on June 23, 2021, to maintain the status quo while it completed its review of additional submitted comments and Council enacted legislative amendments. See Medical Marijuana Program Notice of Second
315	315	Emergency Rulemaking, 68 DCR 007493 (July 30, 2021) [EXPIRED] .
316	316	Having completed its review and after further amending the rules, the Board adopted the Medical
317	317	Marijuana Program Notice of Third Emergency and Proposed Rulemaking, by a vote of six (6) to
318	318	zero (0) on October 20, 2021, (69 DCR 013529 (November 4, 2022)) These emergency rules
319	319	expired on January 23, 2022; prompting the Board to take additional emergency action. Specifically, on January 26, 2022, the Board adopted the Medical Marijuana Program Notice of
320	320	Fourth Emergency and Proposed Rulemaking by a vote of six (6) to zero (0), (69 DCR 013624
321	321	(November 4, 2022) ).
322	322
323	323	Since adopting the Fourth Emergency Rulemaking, the Board determined that additional changes were necessary to the proposed rulemaking. These changes, which are substantive in nature, are
324	324	in response to the comments and feedback the Board and the Alcoholic Beverage Regulation Administration received concerning the Program. Given the necessary substantive changes, the
325	325	Board adopted the Notice of Fifth Emergency and Proposed Rulemaking on March 16, 2022, by a
326	326	vote of six (6) to zero (0). The emergency rules took effect at that time and were published in the
327	327	D.C. Register at 69 DCR 013716 (November 4, 2022).
328	328
329	329	On July 13, 2022, the Board adopted the Medical Marijuana Notice of Sixth Emergency
330	330	Rulemaking, by a vote of six (6) to zero (0). These emergency rules were unchanged from the
331	331	Notice of Fifth Emergency and Proposed Rulemaking. The Board determined that i mmediate action was
332	332	necessary for the continued administration of the District’s Program. Although the Notice of Sixth
333	333	Emergency Rulemaking was not published in the District of Columbia Register, the rulemaking
334	334	was posted to the agency’s website on July 13, 2022, while the rulemaking underwent legal
335	335	sufficiency review. Copies of the emergency rulemaking were also available at ABRA’s office.
336	336
337	337	The Medical Marijuana Notice of Sixth Emergency Rulemaking was superseded by the Board’s
338	338	adoption of the Medical Marijuana Notice of Seventh Emergency and Proposed Rulemaking on November 9, 2022, by a vote of five (5) to zero (0). This version of the rule s contained additional
339	339	changes which were substantive in nature. The Notice of Seventh Emergency Rulemaking was
340	340	posted to the agency’s website on July 13, 2022, while the rulemaking underwent legal sufficiency
341	341	review.
342	342	The legal sufficiency review resulted in additional substantive amendments to conform the rules to the law requiring the Board’s adoption of the Medical Marijuana Notice of Eighth Emergency 7
343	343
344	344	and Proposed Rulemaking on January 25, 2023, by a vote of six (6) to zero (0). Thus, both the
345	345	Medical Marijuana Notice of Sixth Emergency Rulemaking and the Medical Marijuana Notice of
346	346	Seventh Emergency and Proposed Rulemaking were superseded prior to publication in the District
347	347	of Columbia Registe r.
348	348
349	349	The Medical Marijuana Notice of Eighth Emergency and Proposed Rulemaking was published in
350	350	the D.C. Register on March 10, 2023, for thirty (30)-day notice and comment. The Board did not
351	351	receive any comments during the comment period.
352	352
353	353	On May ___, 2023, the emergency and proposed rulemaking was submitted to the Council for the
354	354	District of Columbia (Council). See Medical Cannabis Regulations Approval Resolution of 2023
355	355	(PR-____). The Council approved the emergency and proposed rules on ________, 2023. The
356	356	rules are now ripe for the Board to take final rulemaking action.
357	357
358	358	The Board adopts the Medical Marijuana Notice of Final Rulemaking by a vote of five (5) to zero
359	359	(0) on ________, 2023. The final rules shall take effect five (5) days after publication in the D.C.
360	360	Register.
361	361
362	362	Subtitle C, MEDICAL MARIJUANA, of Title 22 DCMR, HEALTH, is amended as follows:
363	363
364	364	Chapter 1, DEPARTMENT OF HEALTH GENERAL PROVISIONS, is amended in its
365	365	entirety to read as follows:
366	366
367	367	Chapter 1 GENERAL PROVISIONS
368	368	100 APPLICABILITY
369	369
370	370	100.1 This chapter shall apply to applicants for and holders of a qualifying patient or
371	371	caregiver registration card to possess, use, administer, or dispense medical
372	372	marijuana in the District of Columbia, and to authorized practitioners who provide
373	373	written recommendations for the use of medical marijuana under the Act.
374	374
375	375	100.2 No person shall possess, use, administer, or dispense marijuana in any form for the
376	376	purpose of a medical use unless the person is registered with the Alcoholic
377	377	Beverage Control Board under the Act.
378	378
379	379	100.3 The Board may impose fines, and ABRA investigators may issue citations, under
380	380	the Civil Infractions Act for any infraction under this subtitle, not to exceed two
381	381	thousand dollars ($2,000.00) per first offense violation. Civil fines imposed by the
382	382	Board or citations issued by an ABRA investigator shall be consistent with 16
383	383	DCMR §§ 3200- 3201 and 3661- 3674.
384	384
385	385	100.4 The Director may, at his or her discretion, obtain assistance to discharge his or her
386	386	responsibilities under this subtitle through entering into Memoranda of
387	387	Understanding with other District government agencies.
388	388
389	389	Chapter 2, CONDITIONS OF REGISTRATION, is amended as follows: 8
390	390
391	391
392	392	Section 200, GENERAL PROVISIONS, is amended to read as follows:
393	393
394	394	200 GENERAL PROVISIONS
395	395
396	396	200.1 A registration identification card shall not be transferable to another person.
397	397
398	398	200.2 A registration identification card issued under this chapter is the property of the
399	399	District of Columbia and shall be surrendered upon demand of the Board.
400	400
401	401	200.3 As part of the registration process, applicants shall sign a written statement
402	402	certifying that the applicant assumes any and all risk or liability that may result
403	403	under District of Columbia and federal laws from the possession, use,
404	404	administration, or dispensing of medical marijuana. The applicant shall further
405	405	acknowledge that he or she understands that the medical marijuana laws and
406	406	enforcement thereof of the District of Columbia and the Federal government are
407	407	subject to change at any time.
408	408
409	409	200.4 The applications for a patient or caregiver registration shall specifically recite,
410	410	verbatim, each of the following notices:
411	411
412	412	(a) Limitation of Liability -- The District of Columbia shall not be liable to
413	413	the registrant, its employees, agents, business invitees, licensees, customers,
414	414	clients, family members or guests for any damage, injury, accident, loss,
415	415	compensation or claim, based on, arising out of or resulting from registrant's
416	416	participation in the District of Columbia's medical marijuana program,
417	417	including but not limited to the following: arrest and seizure of persons
418	418	and/or property, prosecution pursuant to federal laws by federal
419	419	prosecutors, interruption in registrant's ability to operate its medical
420	420	marijuana cultivation center and/or dispensary; any fire, robbery, theft,
421	421	mysterious disappearance or any other casualty; the actions of any other
422	422	registrants or persons within the cultivation center and/or dispensary. This
423	423	Limitation of Liability provision shall survive expiration or the earlier
424	424	termination of this registration if such registration is granted; and
425	425
426	426	(b) Federal Prosecution -- The United States Congress has determined that
427	427	marijuana is a controlled substance and has placed marijuana in Schedule I
428	428	of the Controlled Substance Act. Growing, distributing, and possessing
429	429	marijuana in any capacity, other than as a part of a federally authorized
430	430	research program, is a violation of federal laws. The District of Columbia's
431	431	law authorizing the District's medical marijuana program will not excuse
432	432	any registrant from any violation of the federal laws governing marijuana
433	433	or authorize any registrant to violate federal laws.
434	434
435	435	200.5 As part of the registration process, every applicant for either a patient or caregiver
436	436	registration shall sign a written statement attesting to the following:
437	437	9
438	438
439	439	(a) The applicant acknowledges receipt and advisement of the notices set forth
440	440	in § 200.4;
441	441
442	442	(b) The applicant agrees to and accepts the limitation of liability against the
443	443	District, as set forth in § 200.4;
444	444
445	445	(c) The applicant assumes any and all risk or liability that may result under
446	446	District of Columbia or federal laws arising from the possession, use,
447	447	cultivation, administration, or dispensing of medical marijuana;
448	448
449	449	(d) The applicant understands that the medical marijuana laws and enforcement
450	450	thereof of the District of Columbia and the Federal government are subject
451	451	to change at any time; and
452	452
453	453	(e) The applicant chooses to sign this attestation willingly and without
454	454	reservation and is fully aware of its meaning and effect.
455	455
456	456	200.6 Within fourteen (14) calendar days of any change in the qualifying patient's name,
457	457	address, caregiver, or authorized practitioner, a qualifying patient who has been
458	458	issued a registration identification card shall:
459	459
460	460	(a) Submit a completed patient change of information form to the Board, and
461	461	include as applicable:
462	462
463	463	(1) Designation of a new caregiver; or
464	464
465	465	(2) A recommendation form from the new authorized practitioner;
466	466
467	467	(b) Surrender his or her current registration identification card to the Board;
468	468
469	469	(c) Immediately notify his or her caregiver of the change;
470	470
471	471	(d) Pay the required fee to receive a new registration identification card; and
472	472
473	473	(e) Be issued a new registration card that reflects the change.
474	474
475	475	200.7 Within fourteen (14) calendar days of receiving notice of a qualifying patient's
476	476	change of name, address, or authorized practitioner, the patient's registered
477	477	caregiver shall:
478	478
479	479	(a) Submit a written request for a new registration identification card to the
480	480	Board on a form provided by the Board;
481	481
482	482	(b) Surrender his or her registration identification card;
483	483
484	484	(c) Pay the required fee to receive a new registration identification card; and
485	485	10
486	486
487	487	(d) Be issued a new registration identification card that reflects the change.
488	488
489	489	200.8 Within fourteen (14) calendar days of the authorized practitioner declaring that a
490	490	qualifying patient no longer suffers from a qualifying medical condition or
491	491	treatment, the qualifying patient shall:
492	492
493	493	(a) Surrender his or her registration card to the Board; and
494	494
495	495	(b) Notify his or her registered caregiver of the change.
496	496
497	497	200.9 Within fourteen (14) calendar days of receiving notice that a qualifying patient has
498	498	changed his or her caregiver, or that the patient no longer suffers from a qualifying
499	499	medical condition or treatment, the Board shall send written notice via U.S. Postal
500	500	Service certified mail to the caregiver's address on file with the Board. The
501	501	caregiver's protections under the Act shall expire ten (10) days after delivery of the
502	502	notice or the caregiver's failure to claim the notice.
503	503
504	504	200.10 Within fourteen (14) calendar days after receiving notice that a qualifying patient
505	505	has designated a different individual to serve as his or her caregiver or that the
506	506	qualifying patient no longer suffers from a qualifying medical condition or
507	507	treatment, the caregiver shall surrender his or her registration card to the Board.
508	508
509	509	200.11 In the event that a qualifying patient or a caregiver experiences the theft, loss, or
510	510	destruction of his or her registration card, he or she shall:
511	511
512	512	(a) Within twenty-four (24) hours after discovery, provide verbal notification
513	513	to the Board or his or her designee;
514	514
515	515	(b) Submit the required written notification reporting forms to the Board within
516	516	seventy-two (72) hours after the initial discovery;
517	517
518	518	(c) Pay the required fee; and
519	519
520	520	(d) Be issued a new registration identification card.
521	521
522	522	200.12 Within fourteen (14) calendar days after any change in a caregiver's name or
523	523	address, he or she shall:
524	524
525	525	(a) Notify the Board in writing of the change; and
526	526
527	527	(b) Pay the required fee, and be issued a new registration identification card, if
528	528	applicable.
529	529
530	530	11
531	531
532	532	Chapter 3, USE OF MEDICAL MARIJUANA, is amended as follows:
533	533
534	534	Section 300, USE BY QUALIFYING PATIENT, TRANSPORTATION BY CAREGIVER,
535	535	AND LIMITATIONS ON MEDICAL MARIJUANA, is amended and renumbered to read
536	536	as follows:
537	537
538	538	300 USE BY QUALIFYING PATIENT, TRANSPORT ATION BY CAREGIVER,
539	539	AND LIMITATIONS ON MEDICAL MARIJUANA
540	540
541	541	300.1 A qualifying patient shall only possess and administer medical marijuana, or use
542	542	paraphernalia, for treatment of a qualifying medical condition or the side effects of
543	543	a qualifying medical treatment after:
544	544
545	545	(a) Obtaining a signed, written recommendation from an authorized
546	546	practitioner within the last 2 years in accordance with the Act , except for
547	547	individuals 21 years of age and older, who shall be permitted to self-certify
548	548	on a form provided by ABRA that they are utilizing marijuana for medical
549	549	purposes as part of the registration process and registering with the Board;
550	550	or
551	551
552	552	(b) Enrolling in another jurisdiction’s medical marijuana program.
553	553
554	554	300.2 A qualifying patient or caregiver shall only possess, administer, or dispense medical
555	555	marijuana, or possess or use paraphernalia, obtained from a dispensary registered
556	556	with the Board. For purposes of D.C. Official Code § 7- 1671.06(c), a qualifying
557	557	patient or caregiver shall automatically be deemed to be registered to receive
558	558	marijuana at any dispensary that is licensed by the Board.
559	559
560	560	300.3 A qualifying patient or caregiver shall only transport medical marijuana in a
561	561	container or sealed package bearing the label received from the dispensary.
562	562
563	563	300.4 A qualifying patient or caregiver shall not administer or use medical marijuana at a
564	564	dispensary, cultivation center, or testing laboratory.
565	565
566	566	300.5 Medical marijuana shall not be administered by or to a qualifying patient anywhere
567	567	other than:
568	568
569	569	(a) The qualifying patient's residence, if permitted;
570	570
571	571	(b) If permitted, the residence of an individual who has given the qualifying
572	572	patient permission to have medical marijuana administered to or to
573	573	administer medical marijuana at their residence;
574	574
575	575	(c) At a medical treatment facility when receiving medical care for a qualifying
576	576	medical condition, if permitted by the medical facility; or
577	577
578	578	(d) A school where the qualifying patient is enrolled provided the school has a 12
579	579
580	580	policy in place for allowing the administration of medication at school and
581	581	medical marijuana is administered in a non-smokable form.
582	582
583	583	300.6 Notwithstanding § 300.5, a qualifying patient shall not use medical marijuana at a
584	584	time or in a location within his or her residence or another individual's residence, if
585	585	permitted, when such use would result, or is likely to result, in exposure to the
586	586	medical marijuana or the medical marijuana smoke that may adversely affect the
587	587	health, safety, or welfare of a minor.
588	588
589	589	300.7 A qualifying patient who is a minor shall only possess and administer medical
590	590	marijuana if the parent or legal guardian of the minor has signed a written statement
591	591	affirming that the parent or legal guardian:
592	592
593	593	(a) Understands the qualifying medical condition or qualifying medical
594	594	treatment of the minor;
595	595
596	596	(b) Understands the potential benefits and potential adverse effects of the use
597	597	of medical marijuana in general, and specifically, in the case of the minor;
598	598
599	599	(c) Consents to the use of medical marijuana for the treatment of the minor's
600	600	qualifying medical condition or treatment of the side effects of the minor's
601	601	qualifying medical treatment;
602	602
603	603	(d) Either consents to serve as the qualifying patient’s caregiver or designates
604	604	another adult to serve as the caregiver; and
605	605
606	606	(e) Consents that the caregiver shall control the acquisition, possession, dosage,
607	607	and frequency of use of medical marijuana by the minor qualifying patient.
608	608
609	609	300.8 The maximum amount of medical marijuana any qualifying patient or caregiver
610	610	may possess at any time is:
611	611
612	612	(a) Eight (8) ounces of dried medical marijuana; or
613	613
614	614	(b) The equivalent of eight (8) ounces of dried medical marijuana when sold in
615	615	any other form.
616	616
617	617	300.9 Nothing in the Act or this subtitle shall be construed as permitting a qualifying
618	618	patient to:
619	619
620	620	(a) Undertake any task under the influence of medical marijuana when doing
621	621	so would constitute negligence or professional malpractice; or
622	622
623	623	(b) Operate, navigate, or be in actual physical control of any motor vehicle,
624	624	scooter, e-scooter, bicycle, e- bike, aircraft, or motorboat while under the
625	625	influence of medical marijuana.
626	626	13
627	627
628	628	300.10 No qualifying patient or caregiver shall use butane or other explosive gases to
629	629	extract or separate resin from marijuana, or tetrahydrocannabinol from marijuana,
630	630	or in any other manner.
631	631
632	632	300.11 Notwithstanding any other provision of this subtitle, during the effective period of
633	633	the Medical Marijuana Patient Access Extension Second Emergency Amendment
634	634	Act of 2022, effective October 17, 2022 (D.C. Act 24- 565) (the "Emergency Act"):
635	635
636	636	(a) A qualifying patient or caregiver may possess up to eight (8) ounces of dried
637	637	medical marijuana, or the equivalent of eight (8) ounces of dried medical
638	638	marijuana when sold in any other form;
639	639
640	640	(b) Section 2(b) of the Emergency Act shall apply in circumstances where a
641	641	qualifying patient's or caregiver's registration card has expired or will
642	642	expire between March 1, 2020 and March 31, 2023;
643	643
644	644	(c) Qualifying patients and caregivers who register after November 5, 2021 but
645	645	before March 31, 2023 shall be issued nontransferable identification cards
646	646	that expire biennially;
647	647
648	648	(d) Telephone bills and bank statements shall, in the manner described in
649	649	section 3 of the Emergency Act, serve as a form of acceptable proof of
650	650	residency.
651	651
652	652	301 BARRING NOTICES
653	653
654	654	301.1 A dispensary shall have the right to refuse service to a qualifying patient or
655	655	caregiver who:
656	656
657	657	(a) Engages in abusive, intimidating, threatening, or disruptive conduct while
658	658	on the premises of a dispensary; or
659	659
660	660	(b) Presents a registration identification card that appears to have been
661	661	fraudulent, tampered, altered, or owned by another person.
662	662
663	663	301.2 A dispensary shall have the right to seek a barring notice from MPD to keep a
664	664	qualifying patient or caregiver who has engaged in abusive, intimidating,
665	665	threatening, or disruptive conduct from unlawfully entering the registered premises
666	666	as prohibited by D.C. Official Code § 22- 3302.
667	667
668	668	14
669	669
670	670	Chapter 4, DISPOSAL OF MEDICAL MARIJUANA, is amended as follows:
671	671
672	672	Section 400, DISPOSAL OF MEDICAL MARIJUANA BY QUALIFYING PATIENTS AND
673	673	CAREGIVERS, is amended as follows:
674	674
675	675	400 DISPOSAL OF MEDICAL MARIJUANA BY QUALIFYING PATIENTS
676	676	AND CAREGIVERS
677	677
678	678	400.1 A qualifying patient or caregiver who is no longer registered with the Board shall
679	679	not transfer, share, give, or deliver any unused medical marijuana in his or her
680	680	possession to another qualifying patient or caregiver for use or destruction,
681	681	regardless of whether the person is registered with the District's Program.
682	682
683	683	400.2 A qualifying patient or caregiver shall not dispose of medical marijuana in any
684	684	manner other than permitted under this chapter.
685	685
686	686	Chapter 5, QUALIFYING PATIENTS, is amended as follows:
687	687	Section 500, QUALIFICATION FOR PATIENT REGISTRATION, is amended as follows:
688	688	Subsection 500.1(a) is amended to read as follows:
689	689	(a) Except as otherwise provided by District law, be a bona fide resident of the
690	690	District of Columbia at the time the application is filed with the Board and
691	691	remain a bona fide resident during treatment with medical marijuana;
692	692
693	693	Section 501, RESIDENCY, is amended as follows:
694	694
695	695	Subsection 501.2(b)(10) is amended to read as follows:
696	696	(10) Any other reasonable form of verification deemed by the Board or
697	697	the Director to demonstrate proof of current residency.
698	698
699	699	Section 502, QUALIFYING PATIENTS APPLICATION, is amended by:
700	700
701	701	1. Striking the phrase "the Department" and replacing with the phrase "the Board"
702	702	wherever it appears.
703	703
704	704	2. Amending 502.1(a) in its entirety to read as follows:
705	705
706	706	(a) The applicant’s full legal name and date of birth;
707	707
708	708	3. Amending 502.1(b) to replace the phrase “Two (2) recent passport-type photographs” with
709	709	the phrase "One (1) recent passport-type photograph” in its place.
710	710
711	711	4. Repealing Subsections 502.1(f) and 502.2(g).
712	712
713	713	15
714	714
715	715	Section 503, NONRESIDENT QUALIFYING PATIENTS, is amended as follows:
716	716	Subsections 503.1, 503.2, 503.4, and 503.5 are amended to read as follows:
717	717	503.1 Before dispensing medical marijuana to a nonresident qualifying patient, a
718	718	registered dispensary shall:
719	719
720	720	(a) Verify the nonresident qualifying patient's identity through comparison of
721	721	his/her unexpired government-issued identification card and his/her valid,
722	722	unexpired nonresident card or state- issued or U.S. territory- issued
723	723	document; and
724	724	(b) Confirm through the real-time electronic records system that the
725	725	nonresident qualifying patient has not reached the allowable medical
726	726	marijuana ounce limit for the thirty (30)-day period.
727	727	503.2 A registered dispensary shall not dispense medical marijuana to a nonresident
728	728	qualifying patient who is unable to present his or her unexpired government-issued
729	729	identification card and his or her valid, unexpired nonresident card or state-issued
730	730	or U.S. territory-issued document.
731	731	503.4 A registered dispensary shall not dispense medical marijuana to a nonresident
732	732	qualifying patient if the Board has determined that there is a shortage of medical
733	733	marijuana, or the real-time electronic records system is inactive.
734	734
735	735	503.5 The dispensary shall retain a copy of the nonresident card or state-issued or U.S.
736	736	territory-issued document, and a copy of the government-issued identification card.
737	737
738	738	Chapter 6, CAREGIVERS, is amended as follows:
739	739
740	740	Section 601, CAREGIVER QUALIFICATIONS, is amended as follows:
741	741	Subsection 601.1(b) is amended to read as follows:
742	742	(b) Be registered with the Board as the qualifying patient's caregiver;
743	743
744	744	Section 602, CAREGIVER APPLICATION, is amended as follows:
745	745
746	746	Subsection 602.l(a) is amended by striking the phrase "the Department" and inserting the
747	747	phrase "the Board" wherever it appears.
748	748
749	749	Subsection 602.1(e) is amended to read as follows:
750	750
751	751	(e) Authorization of the Board to conduct a criminal background check, which
752	752	may include consent to be fingerprinted in accordance with applicable
753	753	District and federal laws and regulations; and
754	754
755	755	16
756	756
757	757	Section 603, MARIJUANA OBTAINED FROM DESIGNATED DISPENSARY, is amended
758	758	to read as follows:
759	759
760	760	603 MARIJUANA OBTAINED FROM DESIGNATED DISPENSARY
761	761
762	762	603.1 A caregiver shall only obtain medical marijuana for the qualifying patient from a
763	763	dispensary registered by the Board and shall not:
764	764
765	765	(a) Grow or cultivate medical marijuana for the qualifying patient;
766	766	(b) Purchase medical marijuana through street vendors; or
767	767	(c) Obtain medical marijuana from other registered qualifying patients and
768	768	caregivers.
769	769	603.2 If the qualifying patient makes a change to the information set forth on his or her
770	770	registration card, both the qualifying patient and the caregiver must surrender their
771	771	registration identification cards to the Board and obtain new registration
772	772	identification cards reflecting the change.
773	773
774	774	Chapter 7, REGISTRATION CARDS, is amended as follows:
775	775
776	776	Section 700, ISSUANCE OF REGISTRATION CARDS, is amended to read as follows:
777	777	700 ISSUANCE OF REGISTRATION CARDS
778	778	700.1 Upon receipt and approval of a valid and complete application, the Board shall issue
779	779	a registration identification card to a qualifying patient or caregiver in accordance
780	780	with the Act and this subtitle.
781	781	700.2 A registration identification card issued pursuant to this chapter shall, if issued
782	782	before March 31, 2023, expire two (2) years after the date of issuance and may be
783	783	renewed in accordance with the renewal provisions under this chapter. Upon receipt
784	784	of a complete application, the Board shall issue the applicant a temporary patient
785	785	registration card that shall be valid for 30- days.
786	786
787	787	Section 701, CONTENTS OF REGISTRATION CARDS, is amended as follows:
788	788	Subsection 701.1(e) is repealed.
789	789	Subsection 701.1(g) is amended to read as follows:
790	790	(g) A Board internal authentication identifier.
791	791	Subsection 701.2(e) is repealed.
792	792	Subsection 701.2(g) is amended to read as follows:
793	793	(g) A Board internal authentication identifier. 17
794	794
795	795
796	796	Section 702, RENEWAL OF REGISTRATION CARDS, is amended to read as follows:
797	797	702 RENEWAL OF REGISTRATION CARDS
798	798	702.1 Not later than sixty (60) days prior to the expiration of a registration identification
799	799	card, the qualifying patient or caregiver may apply for renewal of his or her
800	800	registration identification card as follows:
801	801
802	802	(a) Submit a completed renewal application to the Board on the required forms
803	803	and include:
804	804
805	805	(1) One (1) clear photocopy of a U.S., state or District government-
806	806	issued photo ID, such as a driver's license, as proof of identity;
807	807
808	808	(2) Proof of District residency by meeting the requirements set forth in
809	809	§ 501.2, if applicable;
810	810
811	811	(3) A signed and dated written recommendation from an authorized
812	812	practitioner for the use of medical marijuana meeting the
813	813	requirements of this chapter, that is dated not more than ninety (90)
814	814	days prior to the application date; and
815	815
816	816	(b) Pay the required application fee.
817	817
818	818	702.2 To renew a registration identification card for a minor, the parent or legal guardian
819	819	of the minor shall submit a completed application to the Board on the required
820	820	forms, which shall include:
821	821
822	822	(a) One (1) clear photocopy of U.S., state or District government-issued photo
823	823	ID issued to the parent or legal guardian, such as a driver's license, as proof
824	824	of identity;
825	825
826	826	(b) Proof of the minor and parent or legal guardian's District residency by
827	827	meeting the requirements set forth in § 501.2;
828	828
829	829	(c) A signed and dated written recommendation from an authorized
830	830	practitioner for the use of medical marijuana meeting the requirements of
831	831	this chapter, that is dated not more than ninety (90) days prior to the date
832	832	the application is filed with the Board;
833	833
834	834	(d) Designation of the individual who will serve as the minor's caregiver;
835	835
836	836	(e) The signed, written statement of the minor's parent or legal guardian
837	837	affirming that he or she:
838	838
839	839	(1) Understands the qualifying medical condition or qualifying medical
840	840	treatment of the minor; 18
841	841
842	842
843	843	(2) Understands the potential benefits and potential adverse effects of
844	844	the use of medical marijuana, in general, and specifically, in the case
845	845	of the minor;
846	846
847	847	(3) Consents to the use of medical marijuana for the treatment of the
848	848	minor's qualifying medical condition or treatment of the side effects
849	849	of the minor's qualifying medical treatment;
850	850
851	851	(4) Consents to, or has designated another adult to, serve as the
852	852	caregiver for the qualifying patient and that the caregiver will
853	853	control the acquisition, possession, dosage, and frequency of use of
854	854	medical marijuana by the qualifying patient; and
855	855
856	856	(f) Payment for the required application fee.
857	857
858	858	702.3 The minor's designated caregiver shall also renew his or her registration with the
859	859	Board and obtain a new caregiver registration identification card.
860	860	Chapter 8, RECOMMENDING AUTHORIZED PRACTITIONERS, is amended as follows:
861	861	Section 800, QUALIFICATIONS TO BE A RECOMMENDING AUTHORIZED
862	862	PRACTITIONER, is amended as follows:
863	863
864	864	Subsection 800.2(a) is repealed.
865	865
866	866	Section 801, FORM OF RECOMMENDATION, is amended by striking the phrase "the
867	867	Department" and inserting the phrase "the Board" wherever it appears and repealing §
868	868	801.1(d).
869	869
870	870	Section 802, RECORDS MAINTAINED BY AUTHORIZED PRACTITIONERS AND
871	871	DEPARTMENT, is renamed to read as follows:
872	872
873	873	802 RECORDS MAINTAINED BY AUTHORIZED PRACTITIONERS AND
874	874	BOARD
875	875
876	876	Section 802.2 is amended to read as follows:
877	877
878	878	802.2 The Board shall maintain a confidential record identifying each authorized practitioner
879	879	for the purpose of monitoring compliance with the Act.
880	880
881	881	Section 804, NOTIFICATION OF END OF QUALIFYING MEDICAL OR DENTAL
882	882	CONDITION OR TREATMENT, is amended as follows:
883	883
884	884
885	885	Subsection 804.1 is amended to read as follows:
886	886
887	887	804.1 An authorized practitioner shall notify the Board in writing within fourteen (14) 19
888	888
889	889	calendar days after advising a qualifying patient that he or she no longer suffers
890	890	from a qualifying medical or dental condition or treatment.
891	891
892	892	Section 805, TRAINING PROGRAM FOR RECOMMENDING AUTHORIZED
893	893	PRACTITIONERS, is repealed.
894	894
895	895	Section 806, BOARD AUDITS AND REVIEW OF RECOMMENDATIONS, is repealed.
896	896
897	897	Section 807, TELEHEALTH MEDICINE, is added to read as follows:
898	898
899	899	807 TELEHEALTH MEDICINE
900	900
901	901	807.1 Authorized practitioners may provide telehealth medicine services to qualifying
902	902	patients, including recommending the use of medical marijuana in accordance with
903	903	this title, consistent with the laws and regulations governing their medical practice.
904	904
905	905	807.2 For purposes of this section, "telehealth medicine" means the use of electronic
906	906	information and telecommunication technologies, including teleconference and
907	907	videoconference, to provide care when the qualifying patient and the authorized
908	908	practitioner are not in the same place at the same time.
909	909
910	910	Chapter 9, DENIAL OF APPLICATIONS, is amended as follows:
911	911
912	912	Section 900, DENIAL OF APPLICATIONS FOR PATIENT AND CAREGIVER
913	913	REGISTRATIONS, is amended to read as follows:
914	914
915	915	900.1 The Board may deny an application or renewal application for a qualifying patient
916	916	or caregiver registration identification card only if:
917	917
918	918	(a) The application is incomplete and the applicant fails to provide the missing
919	919	information or documents within the time period allotted by the Board;
920	920
921	921	(b) The Board determines after further inquiry or investigation that the
922	922	information provided was false, misleading, forged, or altered;
923	923
924	924	(c) The Board determines that the caregiver has a disqualifying conviction; or
925	925
926	926	(d) The application otherwise fails to comply with the Act or this title.
927	927
928	928	900.2 Denial by the Board of an application or renewal application for a qualifying patient
929	929	or caregiver registration identification card shall be deemed a final order in this
930	930	matter.
931	931	900.3 An applicant or renewal applicant for a qualifying patient or caregiver registration
932	932	identification card may request a hearing with the Board to review any decision by
933	933	ABRA denying an application or renewal application. The hearing request shall be
934	934	in writing and filed with the Board within thirty (30) days from service of the notice 20
935	935
936	936	of denial.
937	937
938	938	Chapter 10, ENFORCEMENT ACTIONS, is amended as follows:
939	939
940	940	Section 1000, COMPLAINTS AGAINST PATIENTS, CAREGIVERS OR
941	941	RECOMMENDING AUTHORIZED PHYSICIANS, is amended to read as follows:
942	942
943	943	1000 COMPLAINTS AGAINST PATIENTS, CAREGIVERS OR
944	944	RECOMMENDING AUTHORIZED PHYSICIANS
945	945
946	946	1000.1 The Board shall receive, at any time during the registration period, complaints from
947	947	any person alleging a violation or misconduct by a patient, caregiver, or
948	948	recommending authorized practitioner. Complaints shall be in writing and set forth
949	949	enough information to allow ABRA's Enforcement Division to investigate the
950	950	matter, which shall include at a minimum:
951	951	(a) The facts or circumstances that form the basis of the complaint, including
952	952	the date(s), time(s), and location(s) of the incident(s);
953	953	(b) Clear identification of the patient, caregiver, or recommending authorized
954	954	practitioner who is the subject of the complaint;
955	955	(c) The name(s), and contact information (if known) of any witnesses to the
956	956	incident;
957	957	(d) Any supporting documentation or photos; and
958	958	(e) The contact information for the complainant.
959	959	1000.2 In addition to written complaints identifying the complainant, any person may make
960	960	an anonymous complaint in writing to the Board or orally to any ABRA
961	961	Enforcement Division investigator. Anonymous complaints shall be investigated to
962	962	the best of the Board's ability but may result in no action being taken if the
963	963	anonymous complainant fails to provide the Board or the investigator with adequate
964	964	information.
965	965
966	966	1000.3 Nothing in this chapter shall preclude the Board from unilaterally initiating an
967	967	investigation if it finds that there exists a reasonable basis to believe that there is a
968	968	violation of the regulations or the Act.
969	969
970	970	1000.4 Upon receiving a complaint, the Board may, in its discretion, request that the
971	971	qualifying patient or caregiver complained of answer the complaint within ten (10)
972	972	days of receipt of the complaint. The Board shall attach a copy of the complaint to
973	973	the request or shall describe the acts alleged in the complaint. The qualifying patient
974	974	or caregiver may respond either personally or through a legal representative.
975	975
976	976	1000.5 Complaints against recommending practitioners, whether those practitioners are
977	977	authorized or unauthorized, shall be forwarded to the relevant licensing board for 21
978	978
979	979	disposition when applicable. ABRA retains the authority to investigate and resolve
980	980	complaints relating to practitioners whose recommendations may be in violation of
981	981	this Chapter.
982	982
983	983	1000.6 If the Board receives a written response from a qualifying patient or caregiver, it
984	984	may, in its discretion, send a copy of the response to the complainant and request a
985	985	written reply within a time period determined by the Board.
986	986
987	987	1000.7 At any point during the course of the investigation or inquiry into the complaint,
988	988	the Board may determine that there is not and will not be sufficient evidence to
989	989	warrant further proceedings. In such event, the Board shall dismiss the complaint.
990	990
991	991	1000.8 If the Board determines, after the investigation, that there is otherwise reason to
992	992	believe that the acts alleged occurred and constitute a violation of the regulations
993	993	or the Act, the Board may fine the registration holder pursuant to the Civil
994	994	Infractions Act, or initiate an action to suspend or revoke the registration.
995	995
996	996	1000.9 All written complaints as set forth under § 1000.1 which identify the complainant
997	997	by name and address, shall be acknowledged in writing by the Board within thirty
998	998	(30) days of receipt of the complaint. At the conclusion of the matter, the Board
999	999	shall advise the complainant of the action that the Board has taken on the matter.
1000	1000
1001	1001	1000.10 The Board shall maintain records documenting complaints received and the action
1002	1002	taken in response to the complaint.
1003	1003
1004	1004	Section 1001, NOTICE OF POTENTIAL JEOPARDY, is repealed.
1005	1005
1006	1006	Section 1002, REVOCATION, SUSPENSION, OR FINES - GENERAL PROVISIONS, is
1007	1007	amended to read as follows:
1008	1008
1009	1009	1002 REVOCATION, SUSPENSION, OR FINES - GENERAL PROVISIONS
1010	1010
1011	1011	1002.1 The Board may fine, suspend, or revoke the registration of any registration holder
1012	1012	during the registration period if the registration holder violates any of the provisions
1013	1013	of the Act or this subtitle, including but not limited to, purchasing medical
1014	1014	marijuana from any source other than a licensed dispensary, selling or transferring
1015	1015	medical marijuana to another person, or using medical marijuana in a location other
1016	1016	than the patient's residence or another individual's residence, if permitted, or a
1017	1017	school where the qualifying patient is enrolled provided the school has a policy in
1018	1018	place for allowing the administration of medication at school and medical
1019	1019	marijuana is administered in a non-smokable form, or a medical facility where the
1020	1020	patient is permitted to use marijuana.
1021	1021
1022	1022	1002.2 The Board may impose civil fines under the Civil Infractions Act for any infraction
1023	1023	under this subtitle, not to exceed two thousand dollars ($2,000.00) per first offense
1024	1024	violation. Civil fines imposed by the Board or an ABRA investigator shall be
1025	1025	consistent with sections 16 DCMR §§ 3200- 3201 and 3664- 3674. 22
1026	1026
1027	1027
1028	1028	1002.3 Except in the case of a summary suspension or revocation action, the Board shall
1029	1029	not revoke or suspend a registration until the holder of the registration has been
1030	1030	given an opportunity to be heard in his or her defense.
1031	1031	1002.4 If a registration is revoked or suspended, no part of the registration fee shall be
1032	1032	returned.
1033	1033	1002.5 Prior to seeking action to revoke a registration for a patient, the Board may, require
1034	1034	the patient to designate a Board-approved caregiver to ensure compliance with the
1035	1035	terms and conditions imposed by the Board.
1036	1036
1037	1037	1002.6 If the Board revokes a registration for a patient, no registration shall be issued to
1038	1038	the same person whose registration is so revoked for one (1) year following the
1039	1039	revocation.
1040	1040
1041	1041	1002.7 If the Board revokes a registration for a caregiver, no registration shall be issued to
1042	1042	the same person whose registration is so revoked for five (5) years following the
1043	1043	revocation.
1044	1044
1045	1045	Section 1003, NOTICE OF CONTEMPLATED ACTION AND HEARING, is amended to
1046	1046	read as follows:
1047	1047
1048	1048	1003 NOTICE OF CONTEMPLATED ACTION AND HEARING
1049	1049
1050	1050	1003.1 Violation of any provision of the Act or this subtitle may result in a notice of intent
1051	1051	to suspend or revoke the qualifying patient's or caregiver's registration
1052	1052	identification card, and all lawful privileges under the Act.
1053	1053	1003.2 Except in the case of a summary suspension or revocation, the Board shall give a
1054	1054	registrant written notice and an opportunity to have a hearing before the Board prior
1055	1055	to taking any final action which would:
1056	1056	(a) Suspend registration; or
1057	1057	(b) Revoke registration.
1058	1058	1003.3 A notice of intent to suspend or revoke shall contain the following:
1059	1059	(a) A statement of the proposed action;
1060	1060	(b) A statement setting forth the reasons for the proposed action, including a
1061	1061	specification of any specific violation complained of;
1062	1062	(c) Reference to any particular section of the Act or rules allegedly violated;
1063	1063
1064	1064	(d) A date of both a show cause status and show cause hearing as well as the
1065	1065	contact information for the assigned Office of Attorney General attorney;
1066	1066	and 23
1067	1067
1068	1068
1069	1069	(e) A statement that the Board may proceed ex parte in the event that the
1070	1070	registrant does not appear for the show cause hearing.
1071	1071	1003.4 A notice, order, decision, or pleading required by this chapter to be served upon a
1072	1072	party shall be served upon the party or upon the representative designated by the
1073	1073	party or by law to receive service of papers. If a party has appeared through counsel,
1074	1074	service may be made upon the counsel of record.
1075	1075	1003.5 Service on a registrant shall be directed to the last known address or e-mail address
1076	1076	of the registrant on file with the Board or the registrant's resident agent or attorney,
1077	1077	and shall be completed by one (1) of the following methods:
1078	1078	(a) Personal delivery;
1079	1079	(b) Leaving it at the party's usual place of residence with a person of suitable
1080	1080	discretion sixteen (16) years of age or older residing there;
1081	1081	(c) Certified mail, return receipt requested; or
1082	1082	(d) Electronic mail where the registrant or their resident agent or counsel has
1083	1083	agreed to accept service by electronic means.
1084	1084	1003.6 Proof of service, stating the name and address of the person on whom service is made
1085	1085	and the manner and date of service, may be shown by one (1) of the following
1086	1086	methods:
1087	1087	(a) Written acknowledgement by the party or other person served in accordance
1088	1088	with § 1003.5 or by the party's counsel;
1089	1089	(b) The certificate of the serving party or that party's counsel; or
1090	1090	(c) A return receipt if service is made by certified mail.
1091	1091	1003.7 If service is by personal delivery, it shall be deemed to have been served at the time
1092	1092	when delivery is made to the party or other person served in accordance with §
1093	1093	1003.5.
1094	1094	1003.8 If service is by certified mail, it shall be deemed to have been made on the date
1095	1095	shown on the return receipt showing delivery of the notice to the party or refusal of
1096	1096	the party to accept delivery.
1097	1097	1003.9 If service is by electronic mail, it shall be deemed to have been served on the day
1098	1098	and time that the email is sent to the registrant or their resident agent or counsel.
1099	1099	1003.10 If the party is no longer at the last known address as shown by the records of the
1100	1100	Board, and no forwarding address is available, service shall be deemed to have been
1101	1101	made on the date the return receipt bearing that notification is received by the Board.
1102	1102
1103	1103	1003.11 The decision rendered by the Board shall be the final order in this matter. A party 24
1104	1104
1105	1105	may seek review of the Board's decision with the District of Columbia Court of
1106	1106	Appeals in accordance with the District of Columbia Administrative Procedure Act,
1107	1107	approved October 21, 1968, (82 Stat. 1204; D.C. Official Code § 2-501 et seq.).
1108	1108
1109	1109	Section 1004, NOTICE OF SUMMARY SUSPENSION ACTION AND HEARING, is
1110	1110	amended to read as follows:
1111	1111	1004 NOTICE OF SUMMARY SUSPENSION OR REVOCATION ACTION AND
1112	1112	HEARING
1113	1113
1114	1114	1004.1 Violation of the Act or this subtitle may result in the summary suspension or
1115	1115	revocation of a qualifying patient or caregiver's registration.
1116	1116
1117	1117	1004.2 If the Board determines, after investigation, that the conduct of a qualifying patient
1118	1118	or caregiver presents an imminent danger to the health and safety of the public, the
1119	1119	Board may summarily suspend, revoke or restrict, without a hearing, the
1120	1120	registration of the qualifying patient or caregiver.
1121	1121	1004.3 A notice of summary suspension or revocation shall contain the following:
1122	1122	(a) A statement that the qualifying patient or caregiver must return any unused
1123	1123	medical marijuana in his or her possession to the District of Columbia
1124	1124	Metropolitan Police Department within twenty-four (24) hours of receiving
1125	1125	the summary suspension notice;
1126	1126	(b) A statement that the qualifying patient or caregiver must surrender his or
1127	1127	her registration identification card to the Board within twenty-four (24)
1128	1128	hours of receiving the summary suspension notice;
1129	1129	(c) A statement setting forth the reasons for the summary action, including a
1130	1130	specification of any specific violation complained of;
1131	1131	(d) Reference to any particular section of the Act or rules allegedly violated;
1132	1132	(e) A statement that the registrant may request an immediate hearing before the
1133	1133	Board for the purpose of determining whether the suspension shall continue.
1134	1134	The registrant shall file the request with the Board within three (3) business
1135	1135	days after service of a notice of a summary suspension, revocation or
1136	1136	restriction of the registration, unless otherwise agreed by the parties to be
1137	1137	held at a later date; and
1138	1138	(f) The Board shall issue a decision within three (3) business days after the hearing. A person aggrieved by a final summary action may file an appeal
1139	1139	pursuant to the District of Columbia Administrative Procedure Act,
1140	1140	approved October 21, 1968, (82 Stat. 1204; D.C. Official Code § 2- 501 et
1141	1141	seq.)..
1142	1142	1004.4 A notice, order, decision, or pleading required by this chapter to be served upon a
1143	1143	party shall be served upon the party or upon the representative designated by the 25
1144	1144
1145	1145	party or by law to receive service of papers. If a party has appeared through counsel,
1146	1146	service may be made upon the counsel of record.
1147	1147	1004.5 Service on a registrant shall be directed to the last known address of the registrant
1148	1148	or the email address on file with the Board or the registrant's resident agent or
1149	1149	attorney, and shall be completed by one (1) of the following methods:
1150	1150	(a) Personal delivery;
1151	1151	(b) Leaving it at the party's usual place of residence with a person of suitable
1152	1152	discretion sixteen (16) years of age or older residing there;
1153	1153	(c) Certified mail, return receipt requested; or
1154	1154	(d) Electronic mail where the registrant or their resident or counsel has agreed
1155	1155	to accept service by email.
1156	1156	1004.6 Proof of service, stating the name and address of the person on who service is made
1157	1157	and the manner and date of service, may be shown by one (1) of the following
1158	1158	methods:
1159	1159	(a) Written acknowledgement by the party or other person served in accordance
1160	1160	with § 1004.5 or by the party's counsel;
1161	1161	(b) The certificate of the serving party or that party's counsel; or
1162	1162	(c) A return receipt if service is made by certified mail; or
1163	1163	(d) An acknowledgment of receipt by responding to the email that is sent to the
1164	1164	registrant or their resident agent or counsel in accordance with § 1003.5(d).
1165	1165	1004.7 If service is by personal delivery, it shall be deemed to have been served at the time
1166	1166	when delivery is made to the party or other person served in accordance with §
1167	1167	1004.5.
1168	1168	1004.8 If service is by certified mail, it shall be deemed to have been made on the date
1169	1169	shown on the return receipt showing delivery of the notice to the party or refusal of
1170	1170	the party to accept delivery.
1171	1171	1004.9 If service is by electronic mail, it shall be deemed to have been served on the day
1172	1172	and time that the email is sent to the registrant or their resident agent or counsel.
1173	1173	1004.10 If the party is no longer at the last known address as shown by the records of the
1174	1174	Board, and no forwarding address is available, service shall be deemed to have been
1175	1175	made on the date the return receipt bearing that notification is received by the
1176	1176	Board.
1177	1177
1178	1178	1004.11 A registrant whose registration has been summarily suspended may request an
1179	1179	immediate hearing before the Board for the purpose of determining whether the
1180	1180	suspension shall continue. The registrant shall file the request with the Board within
1181	1181	three (3) business days after service of a notice of a summary suspension, 26
1182	1182
1183	1183	revocation or restriction of the registration unless otherwise agreed by the parties
1184	1184	to be held at a later date.
1185	1185
1186	1186	1004.12 A request for a hearing under this chapter shall include the following:
1187	1187	(a) A statement of the facts relevant to the review of the action;
1188	1188	(b) A statement of the arguments that the respondent considers relevant to the
1189	1189	review of the action; and
1190	1190	(c) Any other evidence considered relevant.
1191	1191
1192	1192	1004.13 If the registrant fails to request a hearing within the time and in the manner specified
1193	1193	in the notice, the summary suspension shall continue until after a finding by the
1194	1194	Board that the imminent danger no longer exists, or until after a decision on a notice
1195	1195	of intent to revoke or suspend the registration becomes final under § 1003.13 or
1196	1196	1003.16.
1197	1197	1004.14 If a hearing is timely requested, the proceedings shall thereafter be conducted
1198	1198	pursuant to Chapter 17 of Title 23 of the DCMR.
1199	1199
1200	1200	1004.15 The decision rendered by the Board shall be the Final Order in this matter. A party
1201	1201	may seek review of the Board's decision in accordance with the District of
1202	1202	Columbia Administrative Procedure Act, approved October 21, 1968, (82 Stat. 1204;
1203	1203	D.C. Official Code § 2-501 et seq.)..
1204	1204
1205	1205	Chapter 11, CONFIDENTIALITY OF RECORDS, is amended as follows:
1206	1206
1207	1207	Section 1100, MEDICAL MARIJUANA PROGRAM RECORDS, is amended to read as
1208	1208	follows:
1209	1209	1100 MEDICAL MARIJUANA PATIENT RECORDS
1210	1210
1211	1211	1100.1 The Board shall maintain a confidential list of qualifying patients and caregivers to
1212	1212	whom it has issued registration identification cards.
1213	1213
1214	1214	1100.2 All information obtained by the Board relating to qualifying patients and caregivers
1215	1215	shall be confidential and subject to the protections of the District's privacy laws and
1216	1216	privileges, including specifically the following:
1217	1217
1218	1218	(a) Applications and supporting information submitted by qualifying patients
1219	1219	and caregivers;
1220	1220
1221	1221	(b) Individual names and other identifying information about qualifying
1222	1222	patients and caregivers;
1223	1223
1224	1224	(c) Certifications issued by practitioners;
1225	1225
1226	1226	(d) Information on identification cards; and 27
1227	1227
1228	1228
1229	1229	(e) Information relating to the qualifying patient's medical condition(s).
1230	1230
1231	1231	1100.3 To the extent consistent with District and federal law, ABRA employees may access
1232	1232	confidential records as necessary to perform their official duties.
1233	1233
1234	1234	1100.4 The Board shall verify to law enforcement personnel whether a registration
1235	1235	identification card is valid.
1236	1236
1237	1237	1100.5 The Board may disclose confidential information in the course of any judicial or
1238	1238	administrative proceeding in response to an order of the court, provided that the
1239	1239	Board discloses only the information expressly authorized by such order.
1240	1240
1241	1241	Chapter 12, INVESTIGATIONS AND INSPECTIONS, is amended as follows:
1242	1242
1243	1243	Section 1200, ANNOUNCED AND UNANNOUNCED INVESTIGATIONS AND
1244	1244	INSPECTIONS, is amended to read as follows:
1245	1245
1246	1246	1200 ANNOUNCED AND UNANNOUNCED INVESTIGATIONS AND
1247	1247	INSPECTIONS
1248	1248
1249	1249	1200.1 The Board or an ABRA investigator may conduct announced and unannounced
1250	1250	investigations and inspections of cultivation centers, dispensaries, and testing
1251	1251	laboratories, as related to the Board's purview, mission and function, for the
1252	1252	purpose of determining the suitability of any facility or location with respect to
1253	1253	sanitation and health, and to determine compliance with the Act and these
1254	1254	regulations by any registered cultivation center, dispensary, or testing laboratory.
1255	1255
1256	1256	1200.2 During an inspection or investigation of a dispensary, the Board or an ABRA
1257	1257	investigator may review the dispensary's confidential records, including its
1258	1258	dispensing records and information which contains the names and addresses of
1259	1259	qualifying patients, caregivers, and authorized practitioners, as necessary and
1260	1260	appropriate to the Board's purview and authority, to determine compliance with the
1261	1261	Act and these regulations.
1262	1262
1263	1263	1200.3 During an inspection or investigation of a cultivation center, the Board or an ABRA
1264	1264	investigator may review the cultivation center's confidential records, as necessary
1265	1265	and appropriate to the Board's purview and authority, to determine compliance with
1266	1266	the Act and these regulations.
1267	1267	1200.4 All qualifying patients and caregivers shall provide the Board or an ABRA
1268	1268	investigator with immediate access to any material and information necessary for
1269	1269	determining compliance with the Act and these regulations.
1270	1270	1200.5 Failure by a qualifying patient or caregiver to provide the Board or an ABRA
1271	1271	investigator with immediate access to any requested material or information to
1272	1272	determine compliance with the Act or these regulations, may result in sanctions
1273	1273	against the qualifying patient or caregiver up to and including revocation of the 28
1274	1274
1275	1275	registration.
1276	1276	1200.6 Failure by a dispensary, cultivation center, or testing laboratory to provide the
1277	1277	Board or an ABRA investigator with immediate access to any requested material
1278	1278	or information as part of an inspection or investigation under the Act or these
1279	1279	regulations, may result in the imposition of a civil fine or the suspension or
1280	1280	revocation of the license.
1281	1281	Chapter 13, FEES, is amended as follows:
1282	1282	Section, 1300, REGISTRATION, RENEWAL, AND REPLACEMENT FEES, is amended
1283	1283	as follows:
1284	1284	Subsection 1300.3 is amended by amending the lead-in language to read as follows:
1285	1285	1300.3 A qualifying patient or caregiver whose income is equal to or less than two hundred
1286	1286	percent (200%) of the federal poverty level may apply for a registration at a rate
1287	1287	that is twenty-five percent (25%) of the published standard registration fee by
1288	1288	submitting proof, to the satisfaction of the Board or the Director, of the following:
1289	1289	Subsection 1300.4(g) is amended to read as follows:
1290	1290	(g) Any other item(s) of proof deemed by the Board, the Director or the
1291	1291	Director's agent reasonably calculated to demonstrate a person's current
1292	1292	income.
1293	1293	Chapter 14, MEDICAL MARIJUANA ADVISORY COMMITTEE, is amended as follows:
1294	1294	Section 1400, COMPOSITION OF ADVISORY COMMITTEE, is amended as follows:
1295	1295	Subsections 1400.1 and 1400.2 are amended to read as follows:
1296	1296
1297	1297	1400.1 The Advisory Committee (Committee) shall consist of seven (7) members, which
1298	1298	shall be appointed as follows:
1299	1299
1300	1300	(a) The Director of the Department of Behavioral Health or his or her designee;
1301	1301
1302	1302	(b) The Director of the Department of Health or his or her designee;
1303	1303
1304	1304	(c) The Director of ABRA or his or her designee;
1305	1305
1306	1306	(d) Two (2) members appointed by the City Administrator, one (1) of which
1307	1307	shall be a member of a dispensary; cultivation center, or testing laboratory;
1308	1308	and
1309	1309
1310	1310	(e) Two (2) members appointed by ABRA's Director who shall be District
1311	1311	residents and possess either a medical or science background that is relevant
1312	1312	to the medical marijuana industry.
1313	1313	1400.2 The Director of ABRA or his or her designee, shall act as the chair of the 29
1314	1314
1315	1315	Committee.
1316	1316
1317	1317	Section 1401, DUTIES AND RESPONSIBILITIES OF THE ADVISORY COMMITTEE, is
1318	1318	amended as follows:
1319	1319
1320	1320	Subsection 1401.1 is amended to read as follows:
1321	1321
1322	1322	1401.1 The Advisory Committee shall convene as needed to:
1323	1323	(a) Monitor best practices in other states, monitor scientific research on the use
1324	1324	of medical marijuana, monitor the effectiveness of the District's medical
1325	1325	marijuana program, and make recommendations to the Mayor, the Council,
1326	1326	the Board, and when asked, to consult with other agencies; and
1327	1327	(b) Issue recommendations to the Board of the quantities of marijuana, not to
1328	1328	exceed four ounces (4 oz.) per month, that are necessary to constitute an
1329	1329	adequate supply for qualifying patients and designated caregivers.
1330	1330
1331	1331	Section 1402, PETITIONS REQUIREMENTS, is repealed.
1332	1332	Section 1403, MEDICAL MARIJUANA ADVISORY COMMITTEE HEARING ON
1333	1333	PETITIONS, is repealed.
1334	1334
1335	1335	Chapter 50, REGISTRATION, LICENSING, AND ENFORCEMENT OF CULTIVATION
1336	1336	CENTERS, DISPENSARIES, AND TESTING LABORATORIES, is amended as follows:
1337	1337
1338	1338	Section 5000, MEASURING DISTANCES, is amended by striking the phrase "the
1339	1339	Department" and inserting the phrase "the Board" wherever it appears.
1340	1340	Section 5001, COMPUTATION OF TIME, is amended as follows:
1341	1341	Subsection 5001.1 is amended to read as follows:
1342	1342	5001.1 In computing any period of time specified in this title, the day of the act, event, or
1343	1343	default shall not be counted, and the last day of the period shall be counted unless
1344	1344	it is a Saturday, Sunday, legal holiday, or day on which ABRA is officially closed,
1345	1345	in which event the time period shall continue until the next day that is not a
1346	1346	Saturday, Sunday, legal holiday, or day on which ABRA is not closed.
1347	1347
1348	1348	Section 5002, PERMISSIBLE ACTIVITIES AND LIMITATIONS ON CULTIVATION
1349	1349	CENTERS, DISPENSARIES, AND TESTING LABORATORIES, is amended as follows:
1350	1350
1351	1351	Subsection 5002.l is amended by striking the phrase "qualified patient" and inserting the
1352	1352	phrase "qualifying patient" wherever it appears and striking the phrase "and cigarette
1353	1353	rolling papers" wherever it appears.
1354	1354
1355	1355	Subsection 5002.2(b) is amended to read as follows:
1356	1356	30
1357	1357
1358	1358	(b) Manufacture, purchase, possess, and distribute paraphernalia to registered
1359	1359	dispensaries.
1360	1360	Subsection 5002.3(b) is amended to read as follows:
1361	1361	(b) Collect samples of medical marijuana and medical marijuana products from
1362	1362	a cultivation center or dispensary and transport the samples from the
1363	1363	cultivation center or dispensary to the testing laboratory for the purpose of
1364	1364	testing the samples.
1365	1365
1366	1366	Section 5003, LOCATIONS AND OWNERSHIP, is amended to read as follows:
1367	1367	5003 LOCATIONS AND OWNERSHIP
1368	1368	5003.1 An application for a dispensary, cultivation center, or testing laboratory registration
1369	1369	shall identify the proposed location of the dispensary, cultivation center, or testing
1370	1370	laboratory by street mailing address, including suite or unit number if applicable.
1371	1371	No post office box numbers shall be permitted. An applicant shall not be permitted
1372	1372	to alter, change, or substitute the proposed location of the dispensary, cultivation
1373	1373	center, or testing laboratory after the application has been submitted.
1374	1374
1375	1375	5003.2 A registration for a dispensary, cultivation center, or testing laboratory shall be
1376	1376	issued for the specific location identified on the application, and is valid only for
1377	1377	the owner, premises, and name designated on the registration and the location for
1378	1378	which it is issued.
1379	1379	5003.3 An application for a dispensary, cultivation center, or testing laboratory registration
1380	1380	shall clearly identify the individual applicant, partnership or limited liability
1381	1381	company applicant, or corporate applicant as required under this subtitle. An
1382	1382	applicant shall not be permitted to change the proposed ownership or controlling
1383	1383	interest of the entity after the application has been submitted.
1384	1384	5003.4 A registration for a dispensary, cultivation center, or testing laboratory and the
1385	1385	authorization to apply for the registration upon approval by the Board, shall be
1386	1386	issued for the specific individual applicant, partnership or limited liability company
1387	1387	applicant, or corporate applicant as identified in the application.
1388	1388	5003.5 A dispensary, cultivation center, or testing laboratory registration shall not be
1389	1389	assigned, leased, or subcontracted, in whole or in part.
1390	1390
1391	1391	CHAPTER 51, REGISTRATION AND PERMIT CATEGORIES, is amended as follows:
1392	1392	Section 5100, REGISTRATION PERIODS, is amended by striking the phrase "the
1393	1393	Department" and inserting the phrase "the Board" wherever it appears.
1394	1394	Section 5101, RENEWAL PERIODS, is amended as follows:
1395	1395	Subsections 5101.2 through 5101.4 are amended to read as follows:
1396	1396
1397	1397	5101.2 A registration set forth in § 5101.1 that is active and in good standing as of the date 31
1398	1398
1399	1399	of adoption of this rulemaking shall remain in full force and effect until December
1400	1400	31, 2022, unless suspended or revoked by the Board for cause.
1401	1401
1402	1402	5101.3 In addition to the initial application or a transfer to new location application, the
1403	1403	Board shall provide all Advisory Neighborhood Commissions (ANCs) located in
1404	1404	the affected ward forty-five (45) days for public comment once every three (3) years
1405	1405	on an applicant for a dispensary, cultivation center, or testing laboratory's renewal .
1406	1406	The renewal ANC comment period for each registration listed below shall occur
1407	1407	sequentially every three (3) years starting with the following dates:
1408	1408
1409	1409	License Class Licensure Period Ending Year
1410	1410	Dispensary Jan. 1 to Dec 31 2023
1411	1411	Cultivation Center Jan. 1 to Dec. 31 2024
1412	1412	Testing Laboratory Jan. 1 to Dec. 31 2025
1413	1413
1414	1414	5101.4 The notice to the ANCs set forth in § 5101.3 of this chapter on a renewal application
1415	1415	shall be provided to the ANCs not later than forty-five (45) days before a
1416	1416	registration is renewed. The Board shall renew the registration or inform the
1417	1417	applicant in writing of its intent not to renew the registration within sixty (60) days
1418	1418	following the conclusion of the ANC forty-five (45) day com ment period.
1419	1419
1420	1420	Section 5102, EXTENSION OF EXPIRATION DATES OF PROTESTED
1421	1421	REGISTRATION, is amended as follows:
1422	1422
1423	1423	Subsections 5102.1 and 5102.2 are amended to read as follows:
1424	1424
1425	1425	5102.1 Unless a registration is otherwise summarily suspended under this subtitle, the
1426	1426	registration of a cultivation center, dispensary, or testing laboratory that has
1427	1427	received written notice of the Board's intent not to renew the registration shall
1428	1428	continue in effect until such time as the Board has taken final action on the
1429	1429	registration.
1430	1430
1431	1431	5102.2 In the case of applications for the renewal of a registration or for transfer to a new
1432	1432	owner, the registration shall continue in effect until the Board has taken final action
1433	1433	on the registration.
1434	1434
1435	1435	Section 5103, REGISTRATION AND PERMIT FEES, is amended as follows:
1436	1436	Subsection 5103.1 is amended to read as follows:
1437	1437	5103.1 All application, registration, and permit fees shall be paid by credit card, certified
1438	1438	check, money order, business check, attorney's check, or personal check payable to
1439	1439	the D.C. Treasurer. Applicants shall pay the fees specified by the Board at the time
1440	1440	an application is filed. All fees are nonrefundable.
1441	1441	32
1442	1442
1443	1443	Subsection 5103.2 is amended to read as follows:
1444	1444	5103.2 The Board may impose a late fee upon an applicant that fails to timely renew their
1445	1445	registration or permit in the amount of fifty dollars ($50) for each business day after
1446	1446	the due date of payment. The total amount of the late fee to be paid shall not exceed
1447	1447	the annual cost of the registration. The Board may suspend a previously approved
1448	1448	registration until the renewal fee is paid. A cultivation center, or dispensary or
1449	1449	testing laboratory that has not timely renewed its registration shall not be permitted
1450	1450	to sell, transport, or test medical marijuana with an expired registration.
1451	1451	Subsections 5103.3, 5103.5, 5103.6, 5103.7, 5103.9, and 5103.21 are amended by striking the
1452	1452	phrase "the Department" and inserting the phrase "the Board" wherever it appears.
1453	1453	Section
1454	1454	5105, MEDICAL MARIJUANA CERTIFICATION PROVIDER PERMIT, is
1455	1455	amended by striking the phrase "the Department" and inserting the phrase "the Board"
1456	1456	wherever it appears.
1457	1457	Section
1458	1458	5105, MEDICAL MARIJUANA CERTIFICATION PROVIDER PERMIT, is
1459	1459	further amended as follows:
1460	1460	Subsection 5105.1 is amended to read as follows:
1461	1461	5105.1 A person or entity wishing to become a medical marijuana certification provider
1462	1462	shall obtain a medical marijuana certification provider permit which shall allow the
1463	1463	holder to provide a medical marijuana training and education certification program
1464	1464	in the District of Columbia. For purposes of this section, a "medical marijuana
1465	1465	certification provider" shall mean any person or entity approved by the Board to
1466	1466	conduct a medical marijuana and education training program as set forth in §
1467	1467	5105.2.
1468	1468
1469	1469	Subsection 5105.2(b) is amended by striking the phrase "qualified patient" and inserting the
1470	1470	phrase "qualifying patient" in its place.
1471	1471	Subsection 5105.4 is amended to read as follows:
1472	1472	5105.4 The Board shall make the final determination as to the qualifications of the
1473	1473	applicant and compliance of the applicant's program with § 5105.2, and may require
1474	1474	a fact-finding hearing with the applicant prior to issuing its decision.
1475	1475
1476	1476	A new subsection 5105.6 is added to read as follows:
1477	1477
1478	1478	5105.6 A medical marijuana certification provider permit shall be valid for three (3) years.
1479	1479
1480	1480	Section 5106, MANAGER CERTIFICATION, is amended to read as follows:
1481	1481
1482	1482	5106.1 A manager's license shall authorize the licensee to manage a cultivation center,
1483	1483	dispensary, or testing laboratory.
1484	1484
1485	1485	5106.2 The holder of a manager's license may be employed by one or more cultivation
1486	1486	centers, dispensaries, or testing laboratories without further investigation, subject to 33
1487	1487
1488	1488	compliance by the licensed business.
1489	1489
1490	1490	5106.3 A manager shall complete a medical marijuana training and education program
1491	1491	conducted by a Board approved provider. The manager shall be recertified every 3
1492	1492	years from the date of the initial certification.
1493	1493
1494	1494	5106.4 A manager required to complete a medical marijuana training and education
1495	1495	Program under this section shall submit proof of certification to the Board on a form
1496	1496	supplied by a Board- approved training provider.
1497	1497
1498	1498	Section 5107, NOTICE TO ADVISORY NEIGHBORHOOD COMMISSION, is amended to
1499	1499	read as follows:
1500	1500
1501	1501	5107 NOTICE TO ADVISORY NEIGHBORHOOD COMMISSIONS
1502	1502
1503	1503	5107.1 Upon the initial selection of a completed application by the panel, a third- year
1504	1504	renewal, or an application to transfer a dispensary, cultivation center, or testing
1505	1505	laboratory to a new location, the Board shall give written notice through the mail
1506	1506	and electronically of the registration application to all ANCs in the affected ward.
1507	1507
1508	1508	5107.2 The written notice shall be given at least forty-five (45) days prior to the approval
1509	1509	of a location for a dispensary, cultivation center, or testing laboratory, and shall
1510	1510	state that the ANCs must submit their comments to the Board prior to the end of
1511	1511	the forty-five (45) day ANC comment period.
1512	1512
1513	1513	5107.3 The written notice shall contain the legal and trade name of the applicant, the street
1514	1514	address of the establishment for which the registration is sought, the type of
1515	1515	registration sought, and a description of the nature of the operation the applicant
1516	1516	has proposed, including the proposed hours of operation.
1517	1517
1518	1518	5107.4 The Board shall give notice to each ANC in the affected ward by first-class mail,
1519	1519	and addressed to the following persons:
1520	1520
1521	1521	(a) The ANC office;
1522	1522
1523	1523	(b) The ANC chairperson, at his or her home address of record; and
1524	1524
1525	1525	(c) The ANC member in whose single-member district the establishment is or
1526	1526	will be located, at his or her home address of record.
1527	1527
1528	1528	5107.5 Notice required to be provided by the Board to each ANC office, ANC Chairperson,
1529	1529	and ANC single member district Commissioner, shall be sent to the ANC address
1530	1530	on file with the Office of Advisory Neighborhood Commission.
1531	1531
1532	1532	5107.6 The Board shall publish the notices required under this section in the District of
1533	1533	Columbia Register.
1534	1534	34
1535	1535
1536	1536	Section 5108, POSTED NOTICE TO THE PUBLIC, is amended as follows:
1537	1537	Subsection 5108.1 is amended to read as follows:
1538	1538	5108.1 For new and transfer to new location applications, the applicant shall post two (2)
1539	1539	notices, provided by ABRA, indicating that an application for a cultivation center,
1540	1540	dispensary, or testing laboratory registration has been filed, in conspicuous places
1541	1541	on the outside of the establishment's proposed location for the duration of the
1542	1542	ANC's forty-five (45) day comment period.
1543	1543
1544	1544	Subsections 5108.2(c) and (d) are amended to read as follows:
1545	1545
1546	1546	(c) The contact information for the ANC where the establishment is to be
1547	1547	located; and
1548	1548
1549	1549	(d) The telephone number and mailing address of ABRA.
1550	1550
1551	1551	Subsection 5108.4 is amended to read as follows:
1552	1552
1553	1553	5108.4 If the Board determines that the notices posted at an applicant's proposed
1554	1554	establishment have not remained visible to the public for the duration of the ANC's
1555	1555	forty-five (45) day comment period, the Board shall require the reposting of the
1556	1556	notices and shall restart the forty -five (45) day ANC comment period, unless the
1557	1557	applicant has fully performed all other notice requirements and the Board
1558	1558	determines that the public has received sufficient notice of the application.
1559	1559
1560	1560	A new Subsection 5108.5 is added to read as follows:
1561	1561
1562	1562	5108.5 This section shall not apply to a transfer of ownership registration application filed
1563	1563	by a cultivation center, dispensary or testing laboratory.
1564	1564
1565	1565	Section 5109, COMMENTS FROM ANCS LOCATED IN THE AFFECTED WARD, is
1566	1566	amended as follows:
1567	1567
1568	1568	Subsection 5109.1 is amended to read as follows:
1569	1569
1570	1570	5109.1 Comments submitted by an ANC located in the affected ward for consideration
1571	1571	shall relate to the ANC's concerns or support regarding the proposed location
1572	1572	including but not limited to:
1573	1573
1574	1574	(a) The potential adverse impact of the proposed location to the neighborhood;
1575	1575	and
1576	1576
1577	1577	(b) An overconcentration or lack of cultivation centers, dispensaries, or testing
1578	1578	laboratories in the affected ward.
1579	1579
1580	1580
1581	1581	35
1582	1582
1583	1583	Section 5110, NON- TRANSFERABLE REGISTRATION CARDS, is amended to read as
1584	1584	follows:
1585	1585
1586	1586	5110 NON- TRANSFERABLE REGISTRATION CARDS
1587	1587
1588	1588	5110.1 All persons required to register with the Board shall receive and wear on their
1589	1589	person, while working in a restricted access area at a cultivation center, dispensary,
1590	1590	or testing laboratory, a non- transferable uniform registration identification card
1591	1591	from the Board.
1592	1592	5110.2 The non- transferable registration card shall be presented by a manager, director,
1593	1593	officer, member, incorporator, agent and employee of a cultivation center,
1594	1594	dispensary, or testing laboratory to a Board investigator to confirm that the person
1595	1595	is authorized to cultivate, dispense, distribute, possess, test, or transport medical
1596	1596	marijuana, or to manufacture, possess, or distribute paraphernalia.
1597	1597
1598	1598	Chapter 52, REGISTRATION LIMITATIONS, is amended as follows:
1599	1599
1600	1600	Section 5200, LIMITATION ON THE NUMBER OF DISPENSARIES, CULTIVATION
1601	1601	CENTERS, AND TESTING LABORATORIES, is amended to read as follows:
1602	1602
1603	1603	5200.1 The number of dispensaries registered to operate in the District of Columbia shall
1604	1604	not exceed eight (8).
1605	1605
1606	1606	5200.2 The number of cultivation centers registered to operate in the District of Columbia
1607	1607	shall not exceed fourteen (14).
1608	1608	5200.3 The number of testing laboratories registered to operate in the District of Columbia
1609	1609	shall not be less than two (2).
1610	1610	5200.4 Nothing in this subtitle shall require the Board to issue all of the available
1611	1611	registrations to operate a dispensary, cultivation center, or testing laboratory.
1612	1612
1613	1613	Chapter 53, GENERAL REGISTRATION REQUIREMENTS, is amended as follows:
1614	1614
1615	1615	Section 5300, DENIAL OF REGISTRATIONS OF LAW, is amended by striking the phrase
1616	1616	"the Director" and inserting the phrase "the Board" in its place.
1617	1617
1618	1618	Section 5302, REGISTRATION APPROVAL BEFORE ISSUANCE OF CERTIFICATE
1619	1619	OF OCCUPANCY, is amended as follows:
1620	1620
1621	1621	Subsection 5302.1 is amended by amending the lead-in language so that it reads as follows:
1622	1622
1623	1623	5302.1 The Board is authorized, in its discretion, to approve the granting of a registration
1624	1624	for a cultivation center, dispensary, or testing laboratory, subject to all other requirements of the Act or this subtitle, to an applicant prior to the issuance of a certificate of occupancy for the building in which the registered premises shall be 36
1625	1625
1626	1626	located, if the Board finds to its satisfaction the following:
1627	1627
1628	1628	Subsection 5302.1(a) is amended to read as follows:
1629	1629
1630	1630	(a) That an applicant for registration has entered into a bona fide agreement
1631	1631	with the owner of the building proposed to be constructed or remodeled;
1632	1632	Subsection 5302.2 is amended by amending the lead-in language to read as follows:
1633	1633	5302.2 An application for a registration under § 5302.1 shall be made on forms prescribed
1634	1634	by the Board and shall include the following information:
1635	1635	Subsection 5302.3 is amended by amending the lead-in language to read as follows:
1636	1636	5302.3 A registration approved by the Board under § 5302.1 shall not be issued until the
1637	1637	premises has been finally inspected by the Board, and until the applicant provides
1638	1638	to the Board the following:
1639	1639	Subsection 5302.3(e) is amended to read as follows:
1640	1640	(e) All necessary approvals required under this title from the Metropolitan
1641	1641	Police Department (MPD), DCRA, and the Board.
1642	1642	Subsection 5302.4 is amended to read as follows:
1643	1643	5302.4 Applicants for registration under § 5302.1 shall pay the appropriate registration fee,
1644	1644	as set forth in this subtitle, and approval by the Board shall remain effective for one
1645	1645	hundred twenty (120) days from the date of the approval, except that the Board may
1646	1646	grant an extension at its discretion for good cause shown.
1647	1647
1648	1648	Section 5303, FAILURE TO OPEN OR OPERATE, is amended to read as follows:
1649	1649
1650	1650	5303 FAILURE TO OPEN OR OPERATE
1651	1651
1652	1652	5303.1 A registration for a dispensary, cultivation center, or testing laboratory shall be
1653	1653	returned to the Board if the dispensary, cultivation center, or testing laboratory fails
1654	1654	to open for business within one hundred twenty (120) days after the registration has
1655	1655	been issued, except that the Board may grant an extension at its discretion for good
1656	1656	cause shown.
1657	1657	5303.2 A registration for a dispensary, cultivation center, or testing laboratory shall be
1658	1658	returned to the Board if the dispensary, cultivation center, or testing laboratory fails
1659	1659	to operate for any reason for more than sixty (60) consecutive days after it has opened for business.
1660	1660	5303.3 An applicant that has been deemed eligible for a dispensary registration shall
1661	1661	complete the steps to obtain a registration and open for business within one hundred
1662	1662	twenty (120) days from the date of receipt of the notice of selection.
1663	1663	5303.4 Except as provided in § 5303.6, if an applicant that has been deemed eligible for a 37
1664	1664
1665	1665	dispensary registration, or a registrant that has received a dispensary registration,
1666	1666	fails to open for business within one hundred twenty (120) days, the Board shall
1667	1667	withdraw the applicant’s selection, and consider the next highest-ranking applicant.
1668	1668	If a registration has been issued, the registrant shall surrender and return the
1669	1669	registration to the Board.
1670	1670	5303.5 If there are no applications pending, the Board may open the application process to
1671	1671	select a replacement dispensary, cultivation center, or testing laboratory applicant.
1672	1672	5303.6 The Board may grant an applicant that has been deemed eligible for a dispensary
1673	1673	registration an extension at its discretion for good cause shown.
1674	1674	5303.7 The Board may hold a safekeeping hearing pursuant to § 6209 to determine whether
1675	1675	to extend or cancel a registration for a dispensary, cultivation center, or testing
1676	1676	laboratory under this section.
1677	1677
1678	1678	Chapter 54, REGISTRATION APPLICATIONS, is amended as follows:
1679	1679
1680	1680	Section 5400, GENERAL QUALIFICATIONS FOR ALL APPLICANTS, is amended to
1681	1681	read as follows:
1682	1682
1683	1683	5400 GENERAL QUALIFICATIONS FOR ALL APPLICANTS
1684	1684
1685	1685	5400.1 Before issuing, or renewing a registration or permit for either a business applicant
1686	1686	or an individual applicant, the Board shall determine that the applicant meets all of
1687	1687	the following criteria:
1688	1688
1689	1689	(a) The applicant is of good character and generally fit for the responsibilities
1690	1690	of registration;
1691	1691
1692	1692	(b) The applicant is at least twenty-one (21) years of age;
1693	1693
1694	1694	(c) The applicant has not had a felony conviction for a crime of violence, a gun
1695	1695	offense, tax evasion, fraud, or credit card fraud within the 3 years preceding
1696	1696	the date the application is filed with ABRA;
1697	1697	(d) The applicant has paid the annual fee;
1698	1698	(e) The applicant is not a licensed authorized practitioner making patient
1699	1699	recommendations;
1700	1700	(f) The applicant is not a person whose authority to be a caregiver or qualifying
1701	1701	patient has been revoked by the Board; and
1702	1702	(g) The applicant has complied with all the requirements of the Act and this
1703	1703	Chapter.
1704	1704	5400.2 The Board shall not register either a business applicant or an individual applicant
1705	1705	that has failed to file required District tax returns or owes more than one hundred
1706	1706	dollars ($100) in outstanding debt to the District as a result of the items specified 38
1707	1707
1708	1708	in D.C. Official Code: § 47- 2862(a)(1) through (6) subject to the exceptions
1709	1709	specified in D.C. Official Code § 47- 2862(b).
1710	1710
1711	1711	Section 5401, OPEN APPLICATION PERIOD AND REQUIRED LETTER OF INTENT, is
1712	1712	amended as follows:
1713	1713
1714	1714	Subsections 5401.1 through 5401.3 are amended to read as follows:
1715	1715
1716	1716	5401.1 Applications for a new cultivation center, dispensary, or testing laboratory
1717	1717	registration shall only be accepted by the Board during the open application period
1718	1718	as specified by the Board by publishing a Notice in the District of Columbia
1719	1719	Register. The period selected by the Board shall not be extended.
1720	1720
1721	1721	5401.2 Until June 1, 2022, prior to the submission of a formal application for a new
1722	1722	cultivation center, dispensary, or testing laboratory registration, the prospective
1723	1723	applicant shall submit a Letter of Intent to the Board or the Board's designee. The
1724	1724	Director shall only accept Letters of Intent during the period specified by the Board
1725	1725	by notice in the District of Columbia Register; such period shall not be extended.
1726	1726	After June 1, 2022, the Board shall no longer require applicants to submit a Letter
1727	1727	of Intent prior to submitting an application for a new cultivation center, dispensary,
1728	1728	or testing laboratory.
1729	1729	5401.3 The purpose of the Letter of Intent is to formally notify the Board that an application
1730	1730	for a cultivation center, dispensary, or testing laboratory registration will be
1731	1731	forthcoming. This subsection shall expire on June 1, 2022.
1732	1732
1733	1733	Subsection 5401.5 is amended to read as follows:
1734	1734
1735	1735	5401.5 At the start of each open application period for new cultivation center, dispensary,
1736	1736	or testing laboratory registrations, the Board shall publish a notice in the District of
1737	1737	Columbia Register setting forth the process for submission of the applications,
1738	1738	which shall include:
1739	1739
1740	1740	(a) Until June 1, 2022, the opening and ending dates for the submission of
1741	1741	Letters of Intent to the Board by all individuals and entities who intend to
1742	1742	apply for cultivation center, dispensary, or testing laboratory registrations;
1743	1743
1744	1744	(b) Until June 1, 2022, the opening and ending dates for the submission of
1745	1745	applications for a cultivation center, dispensary, or testing laboratory
1746	1746	registration by those individuals and entities that have timely submitted
1747	1747	Letters of Intent to the Board, meeting the requirements set forth in § 5401.4
1748	1748	of this chapter. After June 1, 2022, an applicant shall no longer be required
1749	1749	to submit a Letter of Intent to the Board to file an application.
1750	1750
1751	1751	(c) Until June 1, 2022, a statement that only the individuals and entities that timely submit Letters of Intent to the Board, meeting the requirements set
1752	1752	forth in § 5401.4 of this chapter, shall be permitted to submit an application 39
1753	1753
1754	1754	for a cultivation center, dispensary, or testing laboratory registration;
1755	1755
1756	1756	(d) The address for submission to the Board; and
1757	1757
1758	1758	(e) The process for obtaining application materials from the Board.
1759	1759
1760	1760	Subsection 5401.6 is amended to read as follows:
1761	1761
1762	1762	5401.6 The Notice required in § 5401.5 of this chapter shall appear, at a minimum, in the
1763	1763	District of Columbia Register and on ABRA's website.
1764	1764
1765	1765	Subsection 5401.8 is amended to read as follows:
1766	1766
1767	1767	5401.8 An applicant may apply for or hold more than one (1) cultivation center registration,
1768	1768	but may apply for or hold only one (1) dispensary registration or testing laboratory
1769	1769	registration.
1770	1770
1771	1771	Subsection 5401.10 is amended to read as follows:
1772	1772
1773	1773	5401.10 Until June 1, 2022, only the individuals and entities that timely submitted Letters
1774	1774	of Intent to the Board, and received a letter of acceptance from the Board, shall be
1775	1775	permitted to submit an application for a cultivation center, dispensary, or testing
1776	1776	laboratory registration.
1777	1777
1778	1778	Subsection 5401.11 is added and shall read as follows:
1779	1779
1780	1780	5401.11 A motion for reconsideration may be filed by the applicant within ten (10) calendar
1781	1781	days of receipt of the denial of the Letter of Intent.
1782	1782	Subsection 5401.12 is added and shall read as follows:
1783	1783
1784	1784	5401.12 The motion for reconsideration filed in accordance with § 5401.11 shall be in
1785	1785	writing.
1786	1786	Subsection 5401.13 is added and shall read as follows:
1787	1787
1788	1788	5401.13 The Board shall grant a motion for reconsideration for good cause shown.
1789	1789	Section 5402, SELECTION PROCESS, is amended to read as follows:
1790	1790	5402 SELECTION PROCESS
1791	1791	5402.1 For cultivation center and dispensary registration applicants, a six (6) member panel
1792	1792	shall be convened consisting of one (1) representative from the District Department
1793	1793	of the Environment (DDOE), Office of the Attorney General (OAG), Department of General Services Protective Services Division (PSD), the Department of
1794	1794	Buildings (DOB), Department of Health (DOH), and a representative of ABRA to
1795	1795	evaluate and score each application. 40
1796	1796
1797	1797
1798	1798	5402.2 For testing laboratory applicants, a seven (7) member panel shall be convened
1799	1799	consisting of one (1) representative from the DDOE, OAG, PSD, DOB , Department
1800	1800	of Forensic Sciences (DFS), DOH, and a representative of ABRA to evaluate and
1801	1801	score each application.
1802	1802
1803	1803	5402.3 For cultivation center and dispensary registration applicants, each panel member
1804	1804	shall score each application on a two hundred and fifty (250) point base scale. An
1805	1805	applicant's overall score is based upon the quality of the applicant's submission, and
1806	1806	the ANC comments submitted in accordance with § 5109 of this subtitle, by
1807	1807	discarding the highest and lowest panel member scores, adding up the four (4)
1808	1808	remaining scores, and dividing that total by four (4).
1809	1809
1810	1810	5402.4 For testing laboratory applicants, each panel member shall score each application
1811	1811	on a two hundred and fifty (250) point base scale. An applicant's overall score is
1812	1812	based upon the quality of the applicant's submission, and the ANC comments, by
1813	1813	discarding the highest and lowest panel member scores, adding up the five (5)
1814	1814	remaining scores, and dividing that total by five (5).
1815	1815
1816	1816	5402.5 The maximum points for each criterion are indicated in § 5403 of this subtitle. To
1817	1817	be considered eligible for further review, an application must have at least one
1818	1818	hundred and fifty (150) points prior to the ANC review. The panel shall set forth
1819	1819	through consensus comments the basis of the scoring decision for each criterion.
1820	1820
1821	1821	5402.6 Prior to seeking ANC review, the panel shall calculate a provisional score based
1822	1822	upon the then available points. Each applicant's provisional score shall be
1823	1823	calculated by discarding the highest and lowest panel member scores, adding up the
1824	1824	remaining scores, and dividing that total by the number of scores that remain. The
1825	1825	provisional scores shall be ranked from highest to lowest and the Panel shall
1826	1826	provisionally select not more than the fifteen (15) highest ranking cultivation center
1827	1827	applicants, not more than the fifteen (15) highest ranking dispensary applicants, and
1828	1828	not more than fifteen (15) highest ranking testing laboratories for ANC review. The
1829	1829	provisional selection decision shall be made in writing to the successful applicants.
1830	1830	Notice shall also be provided by the Board to applicants that are not selected. The
1831	1831	Notice shall advise the applicants of the following:
1832	1832
1833	1833	(a) The applicant's total score;
1834	1834
1835	1835	(b) Whether or not the applicant achieved the requisite one hundred and fifty
1836	1836	(150) points needed to move forward in the selection process;
1837	1837
1838	1838	(c) The summary of the panel's consensus comments that formed the basis for
1839	1839	the applicant's score;
1840	1840
1841	1841	(d) Whether the panel's consensus comments were adopted by the Board and
1842	1842	are the findings of fact which are the basis of and support the Board's
1843	1843	rationale for the decision. If the application was denied, the Notice shall also 41
1844	1844
1845	1845	address whether the consensus comments were adopted by the Board and
1846	1846	are the findings of fact which are the basis of and support the Board's
1847	1847	rationale for the decision to deny the applicant's registration application, or
1848	1848	whether the denial was based upon other reasoning. If based upon another
1849	1849	reason, that reason shall be clearly articulated in the notice letter; and
1850	1850
1851	1851	(e) The applicant's right to judicial review in the District of Columbia Superior
1852	1852	Court.
1853	1853
1854	1854
1855	1855	5402.7 The applications provisionally selected by the panel shall be placarded by the Board
1856	1856	with notice given to each ANC in the affected Ward and shall state that the ANCs
1857	1857	must submit their comments to the Board not later than thirty (30) days after
1858	1858	receiving the notice.
1859	1859
1860	1860	5402.8 The ANC comments received during the comment period shall then be forwarded
1861	1861	to the panel, which shall have thirty (30) days to evaluate and score the ANC
1862	1862	comments. Only the official comments of the ANC that were voted upon and
1863	1863	approved by the ANC as a whole shall be accepted by the panel for scoring. All
1864	1864	affected ANCs that do not timely submit comments shall be scored by the panel as
1865	1865	if the ANCs submitted neutral comments. The ANC comments shall be worth up
1866	1866	to thirty (30) points of the total scoring for each provisionally selected applicant.
1867	1867
1868	1868	5402.9 The panel shall prepare a report of the final proposed selections based upon the
1869	1869	applicant scores, and then submit it to the Board. The report shall assign a numerical
1870	1870	rank for each applicant based on the application's final score, include a narrative of
1871	1871	the basis for each of the panel's final proposed selections that includes the consensus
1872	1872	comments that formed the basis of the scoring decision for each criterion, and shall
1873	1873	include not more than the ten (10) highest scoring cultivation center applicants, not
1874	1874	more than the ten (10) highest scoring dispensary applicants, and not more than the
1875	1875	ten (10) highest scoring testing laboratory applicants.
1876	1876
1877	1877	5402.10 In the event that two (2) or more applicants for a cultivation center registration
1878	1878	receive the same total score, the panel shall give priority in rank to the applicant
1879	1879	that received the highest score in the security plan category. In the event that the
1880	1880	same two (2) applicants receive the same score in the security plan category, the
1881	1881	panel shall give priority in rank to the applicant that received the highest score in
1882	1882	the cultivation plan category.
1883	1883
1884	1884	5402.11 In the event that two (2) or more applicants for a dispensary registration receive the
1885	1885	same total score, the panel shall give priority in rank to the applicant that received
1886	1886	the highest score in the security plan category. In the event that the same two (2)
1887	1887	applicants receive the same score in the security plan category, the panel shall give
1888	1888	priority in rank to the applicant that received the highest score in the product safety
1889	1889	and labeling plan category.
1890	1890
1891	1891	5402.12 In the event that two (2) or more applicants for a testing laboratory registration
1892	1892	receive the same total score, the panel shall give priority in rank to the applicant 42
1893	1893
1894	1894	that received the highest score in the laboratory testing plan category. In the event
1895	1895	that the same two (2) applicants receive the same score in the laboratory testing
1896	1896	plan, the panel shall give priority rank to the applicant that received the highest
1897	1897	score in the security plan category.
1898	1898
1899	1899	5402.13 Except as provided by § 6000 of this subtitle, the Board shall adopt the panel's
1900	1900	report and findings and select the highest scoring applicant for a cultivation center,
1901	1901	dispensary, or testing laboratory registration. The selection decision shall be made
1902	1902	in writing to the successful applicants. Notice shall also be provided by the Board
1903	1903	to applicants that are not selected. The Notice shall advise the applicants of the
1904	1904	following:
1905	1905
1906	1906	(a) The applicant's total score;
1907	1907
1908	1908	(b) Whether or not the applicant was selected and deemed eligible for
1909	1909	registration;
1910	1910
1911	1911	(c) Whether the applicant(s) that was selected and deemed eligible for
1912	1912	registration was the highest scoring applicant(s) or otherwise set forth the
1913	1913	ranking of the selected applicant(s);
1914	1914
1915	1915	(d) The summary consensus comments that formed the basis for the applicant's
1916	1916	score;
1917	1917
1918	1918	(e) Whether the panel's consensus comments were adopted by the Board and
1919	1919	are the findings of fact which are the basis of and support the Board's
1920	1920	rationale for the decision. If the application was denied, the Notice shall also
1921	1921	address whether the consensus comments and final ranking were adopted
1922	1922	by the Board and are the findings of fact which are the basis of and support
1923	1923	the Board's rationale for the decision to deny the applicant's registration
1924	1924	application, or whether the denial was based upon other reasoning. If based
1925	1925	upon another reason, that reason shall be clearly articulated in the notice
1926	1926	letter; and
1927	1927
1928	1928	(f) The applicant's right to judicial review in the District of Columbia Superior
1929	1929	Court.
1930	1930
1931	1931	5402.14 In the event that a selected cultivation center, dispensary, or testing laboratory
1932	1932	application is subsequently denied by the Board pursuant to § 6000.2 of this
1933	1933	subtitle, the applicant who received the next highest score from the panel who was
1934	1934	not initially accepted shall be selected.
1935	1935
1936	1936	5402.15 An applicant submitting a cultivation center or dispensary registration application
1937	1937	shall be required to submit a nonrefundable application fee of one thousand dollars
1938	1938	($1,000) at the time the cultivation center or dispensary application is filed with the
1939	1939	Board. The remaining amount of the total application fee of eight thousand dollars
1940	1940	($8,000) shall be submitted within thirty (30) days of being selected by the Board 43
1941	1941
1942	1942	for a cultivation or a dispensary registration.
1943	1943
1944	1944	5402.16 An applicant submitting a testing laboratory registration application shall be
1945	1945	required to submit a nonrefundable application fee of one thousand dollars ($1,000)
1946	1946	at the time the testing laboratory application is filed with the Board. The remaining
1947	1947	amount of the total application fee of three thousand five hundred dollars ($3,500)
1948	1948	shall be submitted within thirty (30) days of being selected by the Board for the
1949	1949	testing laboratory registration.
1950	1950
1951	1951	Section 5403, SELECTION CRITERIA, is amended to read as follows:
1952	1952	5403 SELECTION CRITERIA
1953	1953	5403.1 Each application shall address all criteria and measures, even when no point values
1954	1954	are assigned. This shall include the applicant providing all of the information
1955	1955	required by §§ 5400, 5403, and 5404. The failure by an applicant to address all the
1956	1956	required criteria and measures will result in the application being considered non-
1957	1957	responsive and not accepted for review by the panel. The required criteria and
1958	1958	measures shall include the following:
1959	1959
1960	1960	(a) Dispensary Criteria:
1961	1961
1962	1962	(1) Suitability of the Proposed facility (Up to thirty (30) points)
1963	1963
1964	1964	(A) Measure 1: The applicant demonstrates that the proposed
1965	1965	location will provide adequate lighting, display a
1966	1966	professional office or business setting, and be convenient for
1967	1967	qualifying patients and caregivers. (up to ten (10) points);
1968	1968	and
1969	1969
1970	1970	(B) Measure 2: The applicant demonstrates that the proposed
1971	1971	building and facility is suitable for the dispensing of medical
1972	1972	marijuana. The applicant demonstrates that the proposed
1973	1973	facility will possess adequate storage facilities, and adequate
1974	1974	space and facilities to monitor the sale of medical marijuana
1975	1975	to qualifying patients and caregivers. (up to twenty (20)
1976	1976	points).
1977	1977
1978	1978	(2) Proposed Staffing Plan and Knowledge of District and federal law
1979	1979	relating to marijuana (Up to twenty (20) points):
1980	1980
1981	1981	(A) Measure 1: The applicant fully describes a staffing plan that
1982	1982	will provide and ensure adequate staffing and experience
1983	1983	during accessible business hours, safe dispensing, adequate
1984	1984	security and theft prevention, and the maintenance of
1985	1985	confidential information, including the identity of qualifying
1986	1986	patient information. (up to ten (10) points); and 44
1987	1987
1988	1988
1989	1989	(B) Measure 2: The applicant shall provide an operations manual
1990	1990	that demonstrates compliance with the District's medical
1991	1991	marijuana rules. The operations manual shall also contain
1992	1992	information demonstrating the applicant's knowledge of the
1993	1993	District and federal laws and regulations relating to medical
1994	1994	marijuana. The applicant shall also submit a notarized
1995	1995	written statement on a form provided by the Board indicating
1996	1996	that they have read the Act and this subtitle and have
1997	1997	knowledge of District and federal law relating to marijuana.
1998	1998	(up to ten (10) points).
1999	1999
2000	2000	(3) Security Plan (Up to fifty (50) points):
2001	2001	The applicant shall submit a security plan which shall include the
2002	2002	following:
2003	2003
2004	2004	(A) Measure 1: The applicant's security plan fully demonstrates
2005	2005	the applicant's ability to prevent the theft or diversion of
2006	2006	medical marijuana and how the plan will assist with MPD
2007	2007	and ABRA enforcement. Specifically, it shall evidence
2008	2008	compliance with all items in § 5405.2 and § 5610, and
2009	2009	include all submittals required under those sections. (up to
2010	2010	twenty (20) points);
2011	2011
2012	2012	(B) Measure 2: The applicant demonstrates that its plan for
2013	2013	record keeping, tracking and monitoring inventory, quality
2014	2014	control and security, and other policies and procedures will
2015	2015	discourage unlawful activity. (up to ten (10) points);
2016	2016
2017	2017	(C) Measure 3: The applicant's security plan shall describe the
2018	2018	enclosed, locked facility that will be used to secure or store
2019	2019	medical marijuana, including when the location is closed for
2020	2020	business, and its security measures, and the steps taken to
2021	2021	ensure that medical marijuana is not visible to the public. (up
2022	2022	to ten (10) points); and
2023	2023
2024	2024	(D) Measure 4: The security plan describes how it intends to
2025	2025	prevent the diversion of medical marijuana to anyone who is
2026	2026	not a registered qualifying patient or designated caregiver
2027	2027	and includes the applicant's after action plan for any
2028	2028	incidents that may trigger enforcement under District of
2029	2029	Columbia law or regulations. The plan shall also describe the
2030	2030	applicant's plan to coordinate with and dispose of unused or
2031	2031	surplus medical marijuana with MPD. (up to ten (10) points).
2032	2032
2033	2033	(4) Product Safety and Labeling Plan (Up to twenty (20) points):
2034	2034	45
2035	2035
2036	2036	(A) Measure 1: The applicant shall describe its plan for
2037	2037	providing safe and accurate packaging and labeling of
2038	2038	medical marijuana. The Applicant shall describe how it
2039	2039	intends to dispense medical marijuana to a qualifying patient
2040	2040	or caregiver for transport in a secure manner. (up to ten (10)
2041	2041	points); and
2042	2042
2043	2043	(B) Measure 2: The applicant shall describe its plan for verifying
2044	2044	medical marijuana packaged at the dispensary is free of
2045	2045	contaminants. (up to ten (10) points).
2046	2046
2047	2047	(5) Applicant's business plan, marketing plan, and services to be offered
2048	2048	(Up to fifteen (15) points):
2049	2049
2050	2050	(A) Measure 1: The applicant shall provide a business plan that
2051	2051	describes how the dispensary will operate on a long- term
2052	2052	basis. This shall include the applicant providing a detailed
2053	2053	description about the amount and source of the equity and
2054	2054	debt commitment for the proposed dispensary that
2055	2055	demonstrates the immediate and long-term financial
2056	2056	feasibility of the proposed financing plan, the relative
2057	2057	availability of funds for capital and operating needs, and the
2058	2058	financial capability to undertake the project. (up to five (5)
2059	2059	points);
2060	2060
2061	2061
2062	2062	(B) Measure 2: The applicant or its directors, officers, members,
2063	2063	or incorporators demonstrates experience in business
2064	2064	management and/or having medical industry or
2065	2065	horticulturalist experience. (up to five (5) points); and
2066	2066
2067	2067	(C) Measure 3: The business plan shall include a start-up
2068	2068	timetable which provides an estimated time from registration
2069	2069	of the dispensary to full operation, and the assumptions used
2070	2070	for the basis of those estimates. (up to five (5) points).
2071	2071
2072	2072	(6) Advisory Neighborhood Commission comments (Up to thirty (30)
2073	2073	points):
2074	2074
2075	2075	(A) Measure 1: The ANCs' concerns or support regarding the
2076	2076	potential adverse impact of the proposed location to the
2077	2077	neighborhood. (up to twenty (20) points);
2078	2078
2079	2079	(B) Measure 2: The ANCs' concerns or support regarding an
2080	2080	overconcentration or lack of cultivation centers, or
2081	2081	dispensaries in the affected ward. (up to ten (10) points).
2082	2082
2083	2083
2084	2084	(7) Educational Materials Plan (Up to fifteen (15) points): 46
2085	2085
2086	2086
2087	2087	(A) Measure 1: The applicant shall describe its proposed plan for
2088	2088	providing educational materials and/or information to
2089	2089	qualifying patients and caregivers. (up to five (5) points); and
2090	2090
2091	2091	(B) Measure 2: The applicant shall describe its proposed plan for
2092	2092	providing training for its staff regarding the administration
2093	2093	of marijuana. (up to ten (10) points).
2094	2094
2095	2095	(8) Environmental Plan (Up to twenty (20) points):
2096	2096
2097	2097	(A) Measure 1: The applicant demonstrates an environmental
2098	2098	plan of action to minimize the carbon footprint,
2099	2099	environmental impact, and resource needs for the sale of
2100	2100	medical marijuana. (up to ten (10) points); and
2101	2101
2102	2102	(B) The applicant describes any plans for: (1) the use of
2103	2103	alternative energy; (2) the treatment of waste water and
2104	2104	runoff; (3) scrubbing or treatment of exchanged air; (4) the
2105	2105	co-location of dispensaries; and (5) the use of recyclable and
2106	2106	biodegradable packaging materials. (up to ten (10) points).
2107	2107
2108	2108	(9) Certified Business Enterprise (fifty (50) points):
2109	2109
2110	2110	(A) Measure 1: The applicant provides documentation, at the
2111	2111	time the application is submitted, that it is registered as an
2112	2112	equity impact enterprise by the Department of Small and
2113	2113	Local Business Development (DSLBD).
2114	2114
2115	2115	(B) To qualify as a medical marijuana CBE, an applicant shall
2116	2116	be required to meet all of the criteria set forth in D.C. Official
2117	2117	Code § 7- 1671.06(d)(5)(C).
2118	2118
2119	2119	(b) Cultivation Center Criteria:
2120	2120
2121	2121	(1) Suitability of the Proposed facility (Up to twenty (20) points):
2122	2122
2123	2123	(A) Measure 1: The applicant demonstrates that the proposed
2124	2124	facility is suitable for organic gardening for the cultivation
2125	2125	of medical marijuana, sufficient in size, power allocation, air
2126	2126	exchange and air flow, interior layout, lighting, and
2127	2127	sufficient both in the interior and exterior to handle the bulk
2128	2128	agricultural manufacturing of medical marijuana, product
2129	2129	handling, storage, trimming, packaging, and shipping. (up to
2130	2130	twenty (20) points).
2131	2131
2132	2132	(2) Proposed Staffing Plan and Knowledge of District and federal law
2133	2133	relating to marijuana (Up to twenty (20) points): 47
2134	2134
2135	2135
2136	2136	(A) Measure 1: The applicant fully describes a staffing plan that
2137	2137	will provide and ensure adequate staffing and experience for
2138	2138	all accessible business hours, safe growing and cultivation,
2139	2139	adequate security, and theft prevention. (up to ten (10)
2140	2140	points); and
2141	2141
2142	2142	(B) Measure 2: The applicant shall provide an operations manual
2143	2143	that demonstrates compliance with the District's medical
2144	2144	marijuana rules. The operations manual shall also contain
2145	2145	information demonstrating the applicant's knowledge of the
2146	2146	District and federal laws and regulations relating to medical
2147	2147	marijuana. The applicant shall also submit a notarized
2148	2148	written statement on a form provided by the Mayor
2149	2149	indicating that they have read the Act and this subtitle and
2150	2150	have knowledge of District and federal laws relating to
2151	2151	marijuana. (up to ten (10) points).
2152	2152
2153	2153	(3) Security Plan (Up to forty (40) points):
2154	2154
2155	2155	The applicant shall submit a security plan which shall include:
2156	2156
2157	2157	(A) Measure 1: The applicant's security plan demonstrates its
2158	2158	ability to prevent the theft or diversion of medical marijuana
2159	2159	and how the plan will assist with MPD and ABRA
2160	2160	enforcement. Specifically, it shall evidence compliance with
2161	2161	all items in § 5406.2 and § 5610, and include all submittals
2162	2162	required under that section. (up to twenty (20) points);
2163	2163
2164	2164	(B) Measure 2: The applicant demonstrates that its plan for
2165	2165	record keeping, tracking and monitoring inventory, quality
2166	2166	control and security and other policies and procedures will
2167	2167	discourage unlawful activity. I t also describes the applicant's
2168	2168	plan to coordinate with and dispose of unused or surplus
2169	2169	medical marijuana with MPD. (up to five (5) points);
2170	2170
2171	2171	(C) Measure 3: The applicant's security plan shall describe the
2172	2172	enclosed, locked facility that will be used to secure or store
2173	2173	medical marijuana, including when the location is closed for
2174	2174	business, and its security measures, and the steps taken to
2175	2175	ensure that medical marijuana is not visible to the public. (up
2176	2176	to ten (10) points); and
2177	2177
2178	2178	(D) Measure 4: The applicant shall describe its transportation
2179	2179	plan regarding how the cultivation center intends to deliver
2180	2180	medical marijuana safely and securely to registered
2181	2181	dispensaries. (up to five (5) points). 48
2182	2182
2183	2183
2184	2184	(4) Cultivation Plan (Up to twenty-five (25) points):
2185	2185
2186	2186	(A) Measure 1: The applicant shall describe its plan to provide a
2187	2187	steady supply of medical marijuana to registered
2188	2188	dispensaries. (up to five (5) points);
2189	2189
2190	2190	(B) Measure 2: The applicant demonstrates knowledge of
2191	2191	organic growing methods to be used in the growing and
2192	2192	cultivation of marijuana. The applicant shall describe the
2193	2193	various strains to be cultivated. (up to ten (10) points); and
2194	2194
2195	2195	(C) Measure 3: The applicant demonstrates the steps that will be
2196	2196	taken to ensure the quality of the marijuana, including the
2197	2197	purity and consistency of the medical marijuana to be
2198	2198	provided to dispensaries. (up to ten (10) points).
2199	2199
2200	2200	(5) Product Safety and Labeling Plan (Up to thirty (30) points);
2201	2201
2202	2202	(A) Measure 1: The applicant shall describe its plan for
2203	2203	providing safe and accurate packaging and labeling of
2204	2204	medical marijuana. (up to fifteen (15) points); and
2205	2205
2206	2206	(B) Measure 2: The applicant shall describe its plan for testing
2207	2207	medical marijuana and ensuring that all medical marijuana
2208	2208	is free of contaminants. (up to fifteen (15) points).
2209	2209
2210	2210	(6) Applicant's business plan and services to be offered (Up to fifteen
2211	2211	(15) points):
2212	2212
2213	2213	(A) Measure 1: The applicant shall provide a business plan that
2214	2214	describes how the cultivation center will operate on a long-
2215	2215	term basis. This shall include the applicant providing a
2216	2216	detailed description about the amount and source of the
2217	2217	equity and debt commitment for the proposed cultivation
2218	2218	center that demonstrates the immediate and long-term
2219	2219	financial feasibility of the proposed financing plan, the
2220	2220	relative availability of funds for capital and operating needs,
2221	2221	and the financial capability to undertake the project. (up to
2222	2222	five (5) points);
2223	2223
2224	2224	(B) Measure 2: The applicant or its directors, officers, members,
2225	2225	or incorporators demonstrates experience in business
2226	2226	management and/or having medical industry or
2227	2227	horticulturalist experience. (up to five points); and
2228	2228
2229	2229	(C) Measure 3: The business plan demonstrates a start-up
2230	2230	timetable which provides an estimated time from registration 49
2231	2231
2232	2232	of the dispensary to full operation, and the assumptions used
2233	2233	for the basis of those estimates. (up to five (5) points).
2234	2234
2235	2235	(7) Advisory Neighborhood Commission comments (Up to thirty (30)
2236	2236	points):
2237	2237
2238	2238	(A) Measure 1: The ANC's concerns or support regarding the
2239	2239	potential adverse impact of the proposed location to the
2240	2240	neighborhood. (up to twenty (20) points);
2241	2241
2242	2242	(B) Measure 2: The ANC's concerns or support regarding an
2243	2243	overconcentration or lack of cultivation centers, or
2244	2244	dispensaries in the affected ward. (up to ten (10) points).
2245	2245
2246	2246	(8) Environmental Plan (Up to twenty (20) points):
2247	2247
2248	2248	(A) Measure 1: The applicant demonstrates an environmental
2249	2249	plan of action to minimize the carbon footprint,
2250	2250	environmental impact, and resource needs for the production
2251	2251	of medical marijuana. (up to ten (10) points); and
2252	2252
2253	2253	(B) The applicant describes any plans for: (1) the use of
2254	2254	alternative energy; (2) the treatment of waste water and
2255	2255	runoff; (3) scrubbing or treatment of exchanged air; (4) the
2256	2256	co-location of growing facilities and/or the means of
2257	2257	packaging or production; and (5) the use of recyclable and
2258	2258	biodegradable packaging materials. (Up to ten (10) points).
2259	2259
2260	2260	(9) Certified Business Enterprise (fifty (50) points):
2261	2261
2262	2262	(A) Measure 1: The applicant provides documentation, at the
2263	2263	time the application is submitted, that it is registered as an
2264	2264	equity impact enterprise by the Department of Small and
2265	2265	Local Business Development (DSLBD).
2266	2266
2267	2267	(B) To qualify as a medical marijuana CBE, an applicant shall
2268	2268	be required to meet all of the criteria set forth in D.C. Official
2269	2269	Code § 7- 1671.06(d)(5)(C).
2270	2270
2271	2271	(c) Testing Laboratory Criteria:
2272	2272
2273	2273	(1) Suitability of the Proposed facility (Up to forty (40) points)
2274	2274
2275	2275	(A) Measure 1: The applicant demonstrates that the proposed
2276	2276	facility is suitable for testing medical marijuana in an
2277	2277	environmentally safe manner and is adequate in size to
2278	2278	accommodate testing and sample retention. (up to twenty
2279	2279	(20) points); and 50
2280	2280
2281	2281
2282	2282	(B) Measure 2: The applicant demonstrates that the proposed
2283	2283	facility is suitable to meet the cultivation center's or
2284	2284	dispensary's needs for testing a variety of medical marijuana
2285	2285	products in a timely manner, and maintaining documented
2286	2286	chain of custody (up to twenty (20) points).
2287	2287
2288	2288	(2) Proposed Staffing Plan (Up to thirty (30) points):
2289	2289
2290	2290	(A) Measure 1: The applicant fully describes a staffing plan that
2291	2291	will provide and ensure that personnel meets the requisite
2292	2292	qualifications set forth in the regulations, and has
2293	2293	demonstrated knowledge, experience, training, and
2294	2294	certification to perform in the designated positions and roles
2295	2295	and to conduct the required analytical processes, operations,
2296	2296	and testing; ensure quality control and quality assurance,
2297	2297	adequate staffing and experience during business hours, and
2298	2298	adequate security and theft prevention; and maintain chain
2299	2299	of custody, and confidential information. (up to fifteen (15)
2300	2300	points); and
2301	2301
2302	2302	(B) Measure 2: The applicant shall provide an operations manual
2303	2303	that demonstrates compliance with the District's medical
2304	2304	marijuana rules. The operations manual shall also fully
2305	2305	describe a plan to provide and ensure that a system is in place
2306	2306	to evaluate and document personnel's competency in
2307	2307	performing authorized tests, and to evaluate and document
2308	2308	that personnel demonstrate acceptable performance on
2309	2309	precision, accuracy, specificity, reportable ranges, blanks,
2310	2310	and unknown challenge samples. (up to fifteen (15) points).
2311	2311
2312	2312	(3) Laboratory testing plan (Up to forty (40) points)
2313	2313
2314	2314	(A) Measure 1: Applicant demonstrates knowledge, experience,
2315	2315	training, and applicable certifications in laboratory testing
2316	2316	techniques. (up to fifteen (15) points);
2317	2317
2318	2318	(B) Measure 2: Applicant demonstrates knowledge of and fully
2319	2319	describes plan to provide and ensure quality assurance,
2320	2320	quality control, proficiency testing, analytical processes,
2321	2321	chain of custody, sample retention, space, recordkeeping,
2322	2322	results reporting, and corrective action protocols (up to
2323	2323	fifteen (15) points); and
2324	2324
2325	2325	(C) Measure 3: Applicant fully describes the method(s) used to
2326	2326	test medical marijuana and medical marijuana products, and
2327	2327	report testing results; this includes but is not limited to
2328	2328	standing operating procedures (up to ten (10) points). 51
2329	2329
2330	2330
2331	2331	(4) Security Plan (Up to twenty (20) points): The applicant shall submit
2332	2332	a security plan which shall include the following:
2333	2333
2334	2334	(A) Measure 1: The applicant's security plan fully demonstrates
2335	2335	the applicant's ability to prevent the theft or diversion of
2336	2336	medical marijuana and how the plan will assist with MPD
2337	2337	and ABRA enforcement. Specifically, it shall evidence
2338	2338	compliance with all items and include all submittals required
2339	2339	in § 5405.2 and § 5610 of this subtitle. (up to five (5) points);
2340	2340
2341	2341	(B) Measure 2: The applicant demonstrates that its plan for
2342	2342	record keeping, tracking and monitoring inventory, and
2343	2343	security and other policies and procedures will discourage
2344	2344	unlawful activity (up to five (5) points).
2345	2345
2346	2346	(C) Measure 3: The applicant's security plan shall describe the
2347	2347	enclosed, locked facility that will be used to secure or store
2348	2348	medical marijuana, including when the location is closed for
2349	2349	business, and its security measures, and the steps taken to
2350	2350	ensure that medical marijuana is not visible to the public. (up
2351	2351	to five (5) points); and
2352	2352
2353	2353	(D) Measure 4: The security plan describes how it intends to
2354	2354	prevent the diversion of medical marijuana and includes the
2355	2355	applicant's after-action plan for any incidents that may
2356	2356	trigger enforcement under District of Columbia law or
2357	2357	regulations. The plan shall also describe the applicant's plan
2358	2358	to coordinate with and dispose of unused or surplus medical
2359	2359	marijuana with MPD. (up to five (5) points).
2360	2360
2361	2361	(5) Knowledge of District and federal law relating to marijuana. (Up to
2362	2362	five (5) points:
2363	2363
2364	2364	(A) Measure 1: The applicant shall demonstrate knowledge of
2365	2365	the District and federal laws and regulations relating to
2366	2366	medical marijuana. The applicant shall also submit a
2367	2367	notarized written statement on a form provided by the Mayor
2368	2368	indicating that they have read the Act and this subtitle and
2369	2369	have knowledge of District and federal law relating to
2370	2370	marijuana. (up to five (5) points).
2371	2371
2372	2372	(6) Applicant's business plan and services to be offered (Up to fifteen
2373	2373	(15) points):
2374	2374
2375	2375	Measure 1: The applicant shall provide a business plan that
2376	2376	describes how the testing laboratory will operate on a long- 52
2377	2377
2378	2378	term basis. This shall include the applicant providing a
2379	2379	detailed description about the amount and source of the
2380	2380	equity and debt commitment for the proposed testing
2381	2381	laboratory that demonstrates the immediate and long-term
2382	2382	financial feasibility of the proposed financing plan, the
2383	2383	relative availability of funds for capital and operating needs,
2384	2384	and the financial capability to undertake the project. (up to
2385	2385	five (5) points);
2386	2386
2387	2387	(A) Measure 2: The applicant or its directors, officers, members,
2388	2388	or incorporators demonstrate experience in business
2389	2389	management and/or having medical industry or laboratory
2390	2390	experience. (up to five (5) points); and
2391	2391
2392	2392	(B) Measure 3: The business plan demonstrates a start-up
2393	2393	timetable which provides an estimated time from registration
2394	2394	of the testing laboratory to full operation, and the
2395	2395	assumptions used for the basis of those estimates. (up to five
2396	2396	(5) points).
2397	2397
2398	2398	(7) Advisory Neighborhood Commission comments (Up to thirty (30)
2399	2399	points):
2400	2400
2401	2401	(A) Measure 1: The ANC's concerns or support regarding the
2402	2402	potential adverse impact of the proposed location to the
2403	2403	neighborhood. (up to twenty (20) points);
2404	2404
2405	2405	(B) Measure 2: The ANC's concerns or support regarding an
2406	2406	overconcentration or lack of testing laboratories and the
2407	2407	number of cultivation centers in the affected ward. (up to ten
2408	2408	(10) points).
2409	2409
2410	2410	(8) Environmental Plan (Up to twenty (20) points):
2411	2411
2412	2412	(A) Measure 1: The applicant demonstrates an environmental
2413	2413	plan of action to minimize the carbon footprint,
2414	2414	environmental impact, and resource needs for the testing of
2415	2415	medical marijuana. (up to ten (10) points); and
2416	2416
2417	2417	(B) Measure 2: The applicant describes any plans for: (1) the use
2418	2418	of alternative energy; (2) the treatment of waste water and
2419	2419	runoff; (3) scrubbing or treatment of exchanged air; and (4)
2420	2420	the co-location of testing laboratories. (up to ten (10) points).
2421	2421
2422	2422	(9) Certified Business Enterprise (fifty (50) points):
2423	2423
2424	2424	(A) Measure 1: The applicant provides documentation, at the 53
2425	2425
2426	2426	time the application is submitted, that it is registered as an
2427	2427	equity impact enterprise by the Department of Small and
2428	2428	Local Business Development (DSLBD).
2429	2429
2430	2430	(B) To qualify as a medical marijuana CBE, an applicant shall
2431	2431	be required to meet all of the criteria set forth in D.C. Official
2432	2432	Code § 7- 1671.06(d)(5)(C).
2433	2433
2434	2434	5403.2 A registration application for a cultivation center, dispensary or testing laboratory
2435	2435	shall not be approved for any establishment located within three hundred feet (300
2436	2436	ft.) of a preschool, primary or secondary school, or recreation center.
2437	2437
2438	2438	5403.3 A registration application for a cultivation center, dispensary, or testing laboratory
2439	2439	shall not be approved for any outlet, property, establishment, or business that sells
2440	2440	motor vehicle gasoline or that holds a Motor Vehicle Sales, Service, and Repair
2441	2441	endorsement under D.C. Official Code § 47- 2851.03(a)(9)(2005 Repl.) or an
2442	2442	Environmental Materials endorsement under § 47-2851.03(a)(4)(2005 Repl.) to its
2443	2443	basic business license.
2444	2444
2445	2445	5403.4 A registration application for a cultivation center, dispensary or testing laboratory
2446	2446	shall not be approved for any location that also sells alcoholic beverages.
2447	2447
2448	2448	5403.5 A registration application for a cultivation center, dispensary, or testing laboratory
2449	2449	shall not be approved for an establishment intending to operate any other type of
2450	2450	business at the proposed location. A dispensary may sell or provide paraphernalia,
2451	2451	literature, posters, and other educational materials related to the medical marijuana
2452	2452	program.
2453	2453	Section 5404, APPLICATION FORMAT AND CONTENTS, is amended as follows:
2454	2454
2455	2455	Subsection 5404.l is amended by striking the phrase "the Director" and inserting the phrase
2456	2456	"the Board" wherever it appears.
2457	2457
2458	2458	Subsection 5404.1(d) is repealed.
2459	2459
2460	2460	Subsections 5404.2 is amended to read as follows:
2461	2461	5404.2 The applicant shall sign a notarized statement certifying that the application is
2462	2462	complete and accurate. Any person who knowingly makes a false statement on an
2463	2463	application, or in any accompanying statement under oath that the Board may
2464	2464	require, shall be guilty of the offense of making false statements. The making of a
2465	2465	false statement, whether made with or without the knowledge or consent of the
2466	2466	applicant, shall, in the discretion of the Board, constitute sufficient cause for denial
2467	2467	of the application or revocation of the registration. The making of false statements
2468	2468	shall also constitute the basis for a criminal offense under
2469	2469	D.C. Official Code § 22-
2470	2470	2405.
2471	2471	54
2472	2472
2473	2473	Subsections 5404.3 and 5404.5 are amended by striking the phrase "the Department" and
2474	2474	inserting the phrase "the Board" wherever it appears.
2475	2475	Subsection 5404.9 is amended to read as follows:
2476	2476
2477	2477	5404.9 An applicant for a cultivation center, dispensary, or testing laboratory may amend or
2478	2478	correct the application package prior to the application filing deadline. Once the
2479	2479	application filing deadline passes, no further amendments or corrections shall be
2480	2480	submitted to the Board, except in accordance with § 6001.9.
2481	2481
2482	2482	Section 5405, DISPENSARY REGISTRATION APPLICATION REQUIREMENTS, is
2483	2483	amended as follows:
2484	2484	Subsection 5405.2 is amended by striking the phrase "the Department" and inserting the
2485	2485	phrase "the Board" wherever it appears.
2486	2486	Subsection 5405.2(m) and (n) are amended to read as follows:
2487	2487	(m) The type of alarm system and outdoor lighting to be used by the applicant;
2488	2488	(n) The applicant's procedures for accepting delivery of medical marijuana at
2489	2489	the facility, including but not limited to procedures defining how it is
2490	2490	received, where it is stored, and how the transaction is recorded; and
2491	2491	Subsection 5405.2 is further amended by adding a new paragraph (o) to read as follows:
2492	2492	(o) The applicant's procedures for delivering medical marijuana to the
2493	2493	residences of qualifying patients and caregivers and for curbside pickup, if
2494	2494	applicable.
2495	2495	Subsection 5405.3 is amended to read as follows:
2496	2496	5405.3 Upon receipt of a written security plan for an initial dispensary application, the
2497	2497	Board shall forward the security plan electronically to MPD or its designee for an
2498	2498	assessment. MPD or its designee shall complete its assessment of the security plan
2499	2499	within twenty-one (21) days of receipt from the Board. The Board shall not issue a
2500	2500	dispensary registration until MPD's or its designee's completion of its security plan
2501	2501	assessment and submission of that assessment in writing to the Board.
2502	2502	Section 5406, CULTIVATION CENTER REGISTRATION REQUIREMENTS, is amended
2503	2503	as follows:
2504	2504	Subsection 5406.2 is amended by striking the phrase "the Department" and inserting the
2505	2505	phrase, "the Board" wherever it appears.
2506	2506	Subsection 5406.2(n) is amended to read as follows:
2507	2507	(n) The applicant's transportation plan for delivering medical marijuana from
2508	2508	the cultivation center to dispensaries or testing laboratories.
2509	2509
2510	2510	55
2511	2511
2512	2512	Subsection 5406.3 is amended to read as follows:
2513	2513
2514	2514	5406.3 Upon receipt of a written security plan for an initial cultivation center application,
2515	2515	the Director shall forward the security plan electronically to MPD or its designee
2516	2516	for an assessment. MPD or its designee shall complete its assessment of the security
2517	2517	plan within twenty-one (21) days of receipt from the Board. The Board shall not
2518	2518	issue a cultivation center registration until MPD's or its designee's completion of its
2519	2519	security plan assessment and submission of that assessment in writing to the Board.
2520	2520
2521	2521	Section 5407, CULTIVATION CENTER, DISPENSARY, AND TESTING LABORATORY
2522	2522	REGISTRATION ISSUANCE, is amended as follows:
2523	2523
2524	2524	Subsection 5407.1 is amended to read as follows:
2525	2525
2526	2526	5407.1 A registration for a cultivation center, dispensary, or testing laboratory shall not be
2527	2527	issued by the Board until all approvals or assessments required under this subtitle
2528	2528	have been obtained from MPD or its designee, DOB , and Department of Health.
2529	2529
2530	2530	Section 5408, DIRECTOR, OFFICER, MEMBER, INCORPORATOR, AND AGENT
2531	2531	REGISTRATION REQUIREMENTS, is amended as follows:
2532	2532
2533	2533	Subsection 5408.l is amended by striking the phrase "the Department" and inserting the
2534	2534	phrase "the Board" wherever it appears.
2535	2535
2536	2536	New subsection 5408.3 is added to read as follows:
2537	2537	5408.3 During the pendency of the public emergency issued by the Mayor in response to
2538	2538	the COVID-19 pandemic, an owner of a licensed cultivation center, dispensary, or
2539	2539	testing laboratory may request that the Board issue a temporary registration card to
2540	2540	an agent valid for forty- five (45) days provided, that the following information is
2541	2541	provided:
2542	2542
2543	2543	(a) A completed facility employment application for the prospective agent;
2544	2544
2545	2545	(b) A written statement from the cultivation center, dispensary, or testing
2546	2546	laboratory attesting that the agent has been selected to work at their facility;
2547	2547	and
2548	2548
2549	2549	(c) A signed attestation from the prospective agent confirming that he or she:
2550	2550
2551	2551	(1) Has not been convicted of a crime of violence, a gun offense, tax
2552	2552	evasion, fraud, or credit card fraud within the three (3) years prior
2553	2553	to filing the application; and
2554	2554
2555	2555	(2) Has not previously had their authority to participate in the Medical
2556	2556	Marijuana Program revoked by Department of Health or the Board.
2557	2557	56
2558	2558
2559	2559	Section 5409, EMPLOYEE REGISTRATION REQUIREMENTS, is amended by striking
2560	2560	the phrase "the Department" and inserting the phrase "the Board" wherever it appears.
2561	2561	Section 5410, MANAGER'S REGISTRATION REQUIREMENTS, is amended as follows:
2562	2562	Subsections 5410.1 and 5410.2 are amended by striking the phrase "the Department" and
2563	2563	inserting the phrase "the Board" wherever it appears.
2564	2564
2565	2565	New subsections 5410.3 and 5410.4 are added to read as follows:
2566	2566
2567	2567	5410.3 An owner of a licensed cultivation center, dispensary, or testing laboratory may
2568	2568	request that the Board issue a temporary registration card to a manager valid for
2569	2569	forty-five (45) days.
2570	2570
2571	2571	5410.4 The temporary registration card issued pursuant to § 5410.3 shall expire after forty-
2572	2572	five (45) days or upon approval or denial of the manager's registration application.
2573	2573
2574	2574	Section 5411, CRIMINAL BACKGROUND CHECKS, is amended as follows:
2575	2575	Subsection 5411.1 is amended to read as follows:
2576	2576	5411.1 Each applicant required to be registered under the Act and this subtitle shall be
2577	2577	required to undergo a criminal background check prior to being registered. In the
2578	2578	case of an applicant for a non-profit or for-profit corporation, partnership, or limited
2579	2579	liability company, a criminal background check shall be conducted on all of its
2580	2580	directors, officers, members, incorporators, or agents. The criminal background
2581	2581	check shall include both a local and FBI investigation. The applicant shall be
2582	2582	responsible for paying the applicable fee to MPD.
2583	2583
2584	2584	Section 5413, RESTRICTIONS ON HOLDING A CONFLICT OF INTEREST, is renamed
2585	2585	amended as follows:
2586	2586
2587	2587	5413 RESTRICTIONS ON OWNERSHIP AND HOLDING A CONFLICT OF
2588	2588	INTEREST
2589	2589
2590	2590	5413.1 No person shall hold, own, control, or have any beneficial or other financial interest
2591	2591	in more than one (1) dispensary.
2592	2592	5413.2 No person shall hold, own, control, or have any beneficial or other financial interest
2593	2593	in more than one (1) testing laboratory.
2594	2594	5413.3 The holder of a testing laboratory registration shall not hold, own, control, or have
2595	2595	any beneficial or other financial interest in any cultivation center or dispensary.
2596	2596	5413.4 The holder of a cultivation center registration may hold, own, control, or have a
2597	2597	beneficial or other financial interest in up to one (1) additional dispensary
2598	2598	registration.
2599	2599	57
2600	2600
2601	2601	5413.5 No person shall, whether in whole or in part, hold, own, or control more than twenty
2602	2602	percent (20%) of all cultivation center registrations.
2603	2603
2604	2604	Section 5414, RENEWAL PROCESS, is amended by striking the phrases "the Director" and
2605	2605	"the Department" and inserting the phrase "the Board" in their place.
2606	2606
2607	2607	Section 5417, DENIED OR WITHDRAWN APPLICATIONS, is repealed.
2608	2608
2609	2609	Section 5418, LIMITATION ON SUCCESSIVE APPLICATIONS AFTER DENIAL, is
2610	2610	amended by striking the phrase "the Director" and inserting the phrase "the Board"
2611	2611	wherever it appears.
2612	2612
2613	2613	A new section 5419, CONTINUANCES, is added to read as follows:
2614	2614
2615	2615	5419.1 The Board may, on the request of both an affected ANC and the applicant, extend an
2616	2616	affected ANC’s comment period deadline for the sole purpose of allowing the ANC to
2617	2617	vote on and provide comment on a dispensary, cultivation center, or testing laboratory
2618	2618	registration application.
2619	2619
2620	2620	Chapter 55, REGISTRATION CHANGES, is amended as follows:
2621	2621
2622	2622	Section 5500, TRADE NAMES AND CORPORATE NAMES, is amended by striking the
2623	2623	phrase "the Department" and inserting the phrase "the Board" wherever it appears.
2624	2624
2625	2625	Subsection 5500.5 is repealed.
2626	2626
2627	2627	Section 5501, INDIVIDUAL OWNERSHIP, PARTNERSHIP, LIMITED LIABILITY
2628	2628	COMPANY OR PARTNERSHIP, AND CORPORATE CHANGES, is amended by striking
2629	2629	the phrase "the Department" and inserting the phrase "the Board" wherever it appears.
2630	2630
2631	2631	Section 5502, TRANSFER OF EQUAL OR MAJORITY OWNERSHIP OR CONTROL, is
2632	2632	amended by striking the phrases "the Department" or "the Department of Health" with the
2633	2633	phrase "the Board" wherever it appears.
2634	2634
2635	2635	Section 5503, CHANGE OF LOCATION OR EXPANSION, is amended by striking the
2636	2636	phrase "the Department" or "the Department of Health" and inserting the phrase "the
2637	2637	Board" wherever it appears.
2638	2638
2639	2639	Subsection 5503.2 is amended to read as follows:
2640	2640	5503.2 An application for change of location or expansion of a dispensary, cultivation
2641	2641	center, or testing laboratory into an adjacent property shall be subject to ANC review, and shall not be approved if the relocation would result in more than two
2642	2642	(2) dispensaries or six (6) cultivation centers being registered to operate within a
2643	2643	single election ward.
2644	2644	58
2645	2645
2646	2646	Subsections 5503.6 through 5503.8 are amended to read as follows:
2647	2647	5503.6 As part of the review of an application for a change of location, the Board shall give
2648	2648	written notice through the mail of the application to all ANCs in the affected ward,
2649	2649	pursuant to the requirements set forth in § 5107 of this subtitle.
2650	2650
2651	2651	5503.7 Pursuant to § 5109 of this subtitle, the comments timely submitted by an ANC
2652	2652	located in the affected ward for consideration shall relate to the ANC's concerns or
2653	2653	support regarding the proposed location including but not limited to:
2654	2654	(a) The potential adverse impact of the proposed location to the neighborhood;
2655	2655	and
2656	2656	(b) An overconcentration or lack of cultivation centers or dispensaries in the
2657	2657	affected ward.
2658	2658	5503.8 The timely comments submitted by an ANC located in the affected ward, shall be
2659	2659	reviewed by the Board in accordance with D.C. Official Code § 1- 309.10(d).
2660	2660
2661	2661	Chapter 56, GENERAL OPERATING REQUIREMENTS, is amended as follows:
2662	2662
2663	2663	Section 5600, INSTRUCTIONS TO REGISTRANTS, is amended to read as follows:
2664	2664
2665	2665	5600 INSTRUCTIONS TO REGISTRANTS
2666	2666	5600.1 The Board shall develop and furnish to registrants, at the time of issuance of
2667	2667	registration, written information describing the laws and regulations applicable to
2668	2668	the dispensary, cultivation center, or testing laboratory's day- to-day operations.
2669	2669	5600.2 Applications shall also be made available on ABRA's website. To the extent
2670	2670	possible, applications shall be posted on ABRA's website in various languages for
2671	2671	informational purposes. Applications submitted to the Board shall be completed in
2672	2672	English.
2673	2673	Section 5601, POSTING OF IDENTIFICATION REQUIREMENT BY DISPENSARY, is
2674	2674	amended by striking the phrase "the Department" and inserting the phrase "the Board"
2675	2675	wherever it appears.
2676	2676	Section 5602, HOURS OF OPERATION AND SALE, is amended as follows:
2677	2677	The title is amended to read as follows:
2678	2678	5602 HOURS OF OPERATION, SALE, SERVICE, AND DELIVERY
2679	2679	Subsection 5602.1 is amended to read as follows:
2680	2680
2681	2681	5602.1 A registered medical marijuana dispensary may operate, sell, and deliver medical
2682	2682	marijuana on any day and at any time except between the hours of 9:00 p.m. and
2683	2683	7:00 a.m.
2684	2684
2685	2685	59
2686	2686
2687	2687	Subsection 5602.9 is amended to read as follows:
2688	2688	5602.9 The Board may further limit the hours of operation for a cultivation center,
2689	2689	dispensary, or testing
2690	2690	laboratory on a case-by-case basis as a condition of
2691	2691	registration in response to written comments received from an ANC in the affected
2692	2692	ward, or as the result of the dispensary, cultivation center, or testing laboratory's
2693	2693	failure to comply with the Act, or this subtitle.
2694	2694	Section 5604, MANAGER'S REGISTRATION, is amended to read as follows:
2695	2695	5604 MANAGER'S REGISTRATION
2696	2696
2697	2697	5604.1 In the absence of an owner, a cultivation center, dispensary or testing laboratory
2698	2698	shall have a Board-approved manager present at the registered premises during the
2699	2699	hours that the cultivation center, dispensary, or testing laboratory is open.
2700	2700	5604.2 An applicant for a Manager's registration shall submit:
2701	2701	(a) An application to the Board on the prescribed form;
2702	2702	(b) A copy of his or her certificate showing completion of a medical marijuana
2703	2703	training and education program from a Board-approved medical marijuana
2704	2704	certification provider; and
2705	2705	(c) The required fee.
2706	2706	5604.3 If a registered cultivation center, dispensary, or testing laboratory has designated a
2707	2707	person to manage the registered business, each manager shall be the holder of a
2708	2708	valid Manager's registration which shall be renewable each year.
2709	2709	5604.4 A Manager's registration shall remain valid until surrendered, expired, suspended,
2710	2710	or revoked.
2711	2711	5604.5 An applicant for a Manager's registration shall be subject to the requirements of §
2712	2712	5409 and the approval of the Board.
2713	2713	5604.6 A registered cultivation center, dispensary or testing laboratory shall notify the
2714	2714	Board within seven (7) calendar days of discovering any manager's felony
2715	2715	conviction for any crime; except that there shall be no notification required for a
2716	2716	felony conviction of possession with intent to distribute marijuana that occurred
2717	2717	before July 17, 2014.
2718	2718	5604.7 Failure of the registered cultivation center, dispensary, or testing laboratory to
2719	2719	comply with § 5604.6, may, in the discretion of the Board, cause the cultivation
2720	2720	center's, dispensary's, or testing laboratory's registration to be suspended or
2721	2721	revoked.
2722	2722	5604.8 A registered cultivation center, dispensary, or testing laboratory may file a written
2723	2723	request with the Board that an applicant for a Manager's registration who has not
2724	2724	completed a medical marijuana training and education certification program be
2725	2725	issued a temporary Manager's registration and shall attest that the applicant for the 60
2726	2726
2727	2727	Manager's registration will complete the medical marijuana and marijuana training
2728	2728	within thirty (30) calendar days of receipt of the temporary Manager's Registration.
2729	2729
2730	2730	5604.9 The written request for a temporary Manager's registration shall set forth the name
2731	2731	of the registered establishment, the trade name, the address of the establishment,
2732	2732	the name of the applicant for the Manager's registration, and the reason why the
2733	2733	issuance of the temporary Manager's registration is necessary.
2734	2734	5604.10 The temporary Manager's registration issued pursuant to § 5604.8 shall cease after
2735	2735	thirty (30) days or upon the approval or denial of the Manager's registration
2736	2736	application.
2737	2737
2738	2738	Section 5605, DESTRUCTION AND DISPOSAL OF UNUSED OR SURPLUS MEDICAL
2739	2739	MARIJUANA AND REPORTING THEFT, is amended as follows:
2740	2740
2741	2741	Subsection 5605.3 is amended by striking the phrase "the Department" and inserting the
2742	2742	phrase "the Board" in its place.
2743	2743
2744	2744	Subsection 5605.5(c) is repealed.
2745	2745
2746	2746	Subsection 5605.6 is repealed.
2747	2747
2748	2748	Section
2749	2749	5606, NOTICE OF CRIMINAL CONVICTION OF DIRECTOR, OFFICE,
2750	2750	MEMBER, INCORPORATOR, AGENT OR EMPLOYEE, is amended as follows:
2751	2751
2752	2752	Subsection 5606.l is amended by striking the phrase "the Department" and inserting the
2753	2753	phrase "the Board" in its place.
2754	2754
2755	2755	A new Subsection 5606.2 is added to read as follows:
2756	2756
2757	2757	5606.2 This section shall not apply to a felony conviction of possession with intent to
2758	2758	distribute marijuana that occurred before July 17, 2014.
2759	2759
2760	2760	Section 5607, LABELING AND PACKAGING OF MEDICAL MARIJUANA, is amended
2761	2761	as follows:
2762	2762
2763	2763	Subsections 5607.1(g), 5607.7(b), and 5607.9 are amended by striking the phrase "qualified
2764	2764	patient" and inserting the phrase "qualifying patient" wherever it appears.
2765	2765
2766	2766	Subsection 5607.13 is amended to read as follows:
2767	2767
2768	2768	5607.13 The cultivation center shall place medical marijuana products in tamper-proof,
2769	2769	heat-sealed packaging prior to transporting the products to the dispensary, and the
2770	2770	packaging shall remain in that state until purchased by a qualifying patient or his or
2771	2771	her caregiver for the qualifying patient's use.
2772	2772	61
2773	2773
2774	2774	Subsection 5607.14 is amended to read as follo ws:
2775	2775
2776	2776	5607.14 The dispensary shall not open the medical marijuana package prior to being sold to
2777	2777	the qualifying patient or his or her caregiver, except for purposes of adding the
2778	2778	barcode and patient labels.
2779	2779
2780	2780	Subsection 5607.16 is amended by striking phrase "the Department" and inserting the
2781	2781	phrase "the Director" in its place.
2782	2782
2783	2783	Subsection 5607.17 is amended to read as follows:
2784	2784	5607.17 A dispensary or cultivation center shall submit its labeling to the Board for approval
2785	2785	and record. The Board shall transmit the final dispensary labeling designs to MPD.
2786	2786
2787	2787	Section 5608, INGESTIBLE ITEMS, is amended as follows:
2788	2788
2789	2789	Subsection 5608.1(a) is amended by striking the phrase "the Department" and inserting the
2790	2790	phrase "Department of Health" in its place.
2791	2791
2792	2792	Subsection 5608.1(c) is amended by striking the phrase "the Department" and inserting the
2793	2793	phrase "the Board" wherever it appears.
2794	2794
2795	2795	Subsection 5608.3 is amended to read as follows:
2796	2796
2797	2797	5608.3 Marijuana- infused products that are likely to appeal to minors by virtue of their
2798	2798	shape, design, or flavor are prohibited.
2799	2799
2800	2800	Subsection 5608.4 is amended to read as follows:
2801	2801
2802	2802	5608.4 Brightly colored marijuana-infused products shall be prohibited.
2803	2803
2804	2804	Subsection 5608.5(a)(2) is amended to read as follows:
2805	2805
2806	2806	5608.5(a)(2) Products in the shape of an animal, vehicle, person, fruit, or character;
2807	2807
2808	2808	Subsection 5608.5(d) is amended to read as follows:
2809	2809
2810	2810	(d) That contains more than 200mg of THC per package except as provided in
2811	2811	subsection 5608.7.
2812	2812
2813	2813	Subsection 5608.6(c) is amended to read as follows:
2814	2814
2815	2815
2816	2816	(c) Each serving size piece shall contain a maximum of 20 mg of THC; and
2817	2817
2818	2818	62
2819	2819
2820	2820	A new subsection 5608.7 is added to read as follows:
2821	2821
2822	2822	5608.7 The sale of an ingestible item containing either a serving size piece of more than
2823	2823	20 mg of THC or more than 200 mg of THC per package shall be permitted as
2824	2824	follows:
2825	2825
2826	2826	(a) Notwithstanding the THC limits set forth in subsections 5608.5 and 5608.6,
2827	2827	a cultivation center may apply to the Board to manufacture, sell, and transfer
2828	2828	to dispensaries ingestible items that may be sold only to registered patients
2829	2829	with a written recommendation from an authorized practitioner, and that
2830	2830	contain:
2831	2831
2832	2832	(1) Serving size pieces with a maximum of 50 mg of THC ; and
2833	2833
2834	2834	(2) No more than 500 mg of THC per package .
2835	2835
2836	2836	(b) It shall be a violation of this title for a dispensary to sell ingestible items
2837	2837	containing more than 20 mg of THC per serving size piece or 200 mg of
2838	2838	THC per package to a registered patient that does not possess a valid written
2839	2839	recommendation from an authorized practitioner.
2840	2840
2841	2841	Section 5610, ELECTRONIC RECORDING SECURITY AND ALARM SYSTEM, is
2842	2842	amended as follows:
2843	2843
2844	2844	Subsection 5610.1(c) is amended to read as follows:
2845	2845	(c) The recording device shall be a digital video recorder that displays a date
2846	2846	and time stamp on all recorded video;
2847	2847	Subsection 5610.1(h) is amended to read as follows:
2848	2848	(h) Upon request, the security recording shall be made available within forty-
2849	2849	eight (48) hours to MPD, the Board, or an ABRA investigator.
2850	2850	Subsection 5610.3 is amended to read as follows:
2851	2851
2852	2852	5610.3 A dispensary, cultivation center, or testing laboratory shall maintain for a period of
2853	2853	three (3) years reports of incidents that triggered an alarm. Such reports shall be
2854	2854	made available to ABRA during any inspection of the facility. A dispensary,
2855	2855	cultivation center, or testing laboratory shall notify the Board by electronic means
2856	2856	within twenty-four (24) hours of any incident in which a theft, burglary, robbery,
2857	2857	or break in occurred, whether or not items were actually removed from the facility.
2858	2858	The facility manager shall follow up the initial notice with a written report
2859	2859	describing in detail the factual circumstances surrounding the incident and include
2860	2860	an inventory of all stolen items, if applicable.
2861	2861	63
2862	2862
2863	2863	Section 5611, RESERVED, is amended to read as follows:
2864	2864	5611 EDUCATIONAL CLASSES AND DEMONSTRATIONS
2865	2865
2866	2866	5611.1 A dispensary may offer educational classes and demonstrations to qualifying
2867	2867	patients, caregivers, and non- resident qualifying patients consistent with the
2868	2868	requirements of this subtitle.
2869	2869
2870	2870	5611.2 Educational classes and demonstrations permitted to be offered by a dispensary on-
2871	2871	site shall include cooking and how-to classes and demonstrations, including how to
2872	2872	utilize marijuana paraphernalia, how to cook foods with medical marijuana, and
2873	2873	other medical marijuana preparation techniques.
2874	2874
2875	2875	5611.3 A dispensary shall only offer educational classes and demonstrations on the
2876	2876	registered premises of the dispensary.
2877	2877
2878	2878	5611.4 A dispensary may permit a qualifying patient, caregiver, or non- resident qualifying
2879	2879	patient to smell or touch medical marijuana products provided medical marijuana
2880	2880	is not administered or consumed on the registered premises and the medical
2881	2881	marijuana has not been sold or otherwise given away.
2882	2882
2883	2883	5611.5 An educational activity that includes the smoking, administering, or consumption
2884	2884	of medical marijuana shall be prohibited.
2885	2885
2886	2886	5611.6 A dispensary shall ensure that containers of medical marijuana to be utilized for
2887	2887	educational activities are labeled as such and may not be sold.
2888	2888
2889	2889	5611.7 A dispensary shall ensure that medical marijuana containers to be utilized for
2890	2890	educational purposes remain in the dispensary's secure storage area during non-
2891	2891	operating hours.
2892	2892
2893	2893	5611.8 A dispensary shall not allow a qualifying patient, caregiver, or non- resident
2894	2894	qualifying patient to leave the registered premises with medical marijuana that was
2895	2895	made available or offered as part of the educational activity.
2896	2896
2897	2897	5611.9 A dispensary shall destroy and dispose of medical marijuana utilized during the
2898	2898	educational activity consistent with the requirements of this subtitle. This
2899	2899	subsection shall include all medical marijuana that is physically touched or handled
2900	2900	by patients, caregivers, or dispensary staff as part of the educational activity.
2901	2901
2902	2902	5611.10 A dispensary may offer educational activities on the registered premises between
2903	2903	the hours of 7:00 a.m. and 9:00 p.m., daily.
2904	2904
2905	2905	5611.11 A dispensary shall be permitted to charge a qualifying patient, caregiver, or non-
2906	2906	resident qualifying patient an additional fee to attend or participate in the
2907	2907	educational class or demonstration.
2908	2908	64
2909	2909
2910	2910	Section 5612, PRODUCTION OF VALID PHOTO IDENTIFICATION REQUIRED, is
2911	2911	amended by striking the phrase "the Department" and inserting the phrase "the Board" in
2912	2912	its place.
2913	2913	Section 5613, TEMPORARY SURRENDER OF REGISTRATION - SAFEKEEPING, is
2914	2914	amended by striking the phrase "the Department" and inserting the phrase "the Board"
2915	2915	wherever it appears.
2916	2916	Section 5614, CO -LOCATION AND INTEGRATION, is amended as follows:
2917	2917	Subsection 5614.2 is amended to read as follows:
2918	2918	5614.2 A cultivation center and dispensary may be located in the same building provided
2919	2919	that they share the same Board approved ownership but shall maintain separate
2920	2920	books and records and a separate secure space, provided that qualifying patients
2921	2921	and caregivers are prohibited from entering any portion of the cultivation center
2922	2922	area.
2923	2923	Section 5615, SEED-TO-SALE TRACKING SYSTEM, is amended by striking the phrase
2924	2924	"the Department" and inserting the phrase "the Board" wherever it appears.
2925	2925
2926	2926	Section 5616, SIGN REQUIREMENTS, is amended to read as follows:
2927	2927
2928	2928	5616 SIGN REQUIREMENTS
2929	2929
2930	2930	5616.1 A dispensary shall post at its building entrance in a conspicuous place, a sign from
2931	2931	the Board which states the following:
2932	2932	(a) Persons under the age of eighteen (18) are precluded from entering the
2933	2933	premises unless they are a qualifying patient and are in the presence of a
2934	2934	parent or guardian; and
2935	2935	(b) Smoking, ingesting, or consuming marijuana on the premises or in the
2936	2936	vicinity of the dispensary is prohibited.
2937	2937
2938	2938	5616.2 A dispensary shall post a sign provided by the Board that is either visible from the
2939	2939	point of entry or the point of sale, which indicates the following:
2940	2940	(a) The obligation of the qualifying patient or caregiver to produce a valid
2941	2941	registration card issued by the Board;
2942	2942	(b) The obligation of the qualifying patient or caregiver to produce a valid
2943	2943	government issued photo identification document displaying proof of age
2944	2944	that matches the name on the registration card;
2945	2945	(c) The use of medical marijuana may impair a person's ability to drive a motor
2946	2946	vehicle, aircraft, or motorboat, ride a bicycle, or operate heavy machinery;
2947	2947	and
2948	2948	(d) The sale and use of marijuana and the diversion of marijuana for non- 65
2949	2949
2950	2950	medical purposes, including to a third party, is a crime in violation of
2951	2951	District law.
2952	2952	5616.3 A cultivation center or dispensary shall post a sign provided by the Board at all
2953	2953	areas of ingress and egress to limited access areas, which reads: "Access to this area
2954	2954	is restricted to persons registered with the Board visibly displaying a registration
2955	2955	identification card."
2956	2956	5616.4 A dispensary shall conspicuously post a sign in the area of the dispensary that is
2957	2957	accessible to registered patients and caregiver or make a booklet or other document
2958	2958	readily available to the dispensary's registered patients and caregivers, containing
2959	2959	the current retail prices of all items available for sale within the dispensary.
2960	2960	Section 5619, LIMITED ACCESS AREAS, is amended as follows:
2961	2961	Subsections 5619.l and 5619.3 are amended by striking the phrase "the Department" and
2962	2962	inserting the phrase "the Board" in its place.
2963	2963	Subsection 5619.4 is amended to read as follows:
2964	2964	5619.4 Persons registered by the Board shall wear their registration identification issued
2965	2965	by the Board at all times while working or entering the limited access area.
2966	2966	Section 5620, MANUFACTURING STANDARDS, is amended as follows:
2967	2967	Subsection 5620.1(U) is amended by striking the phrase "the Department" and inserting the
2968	2968	phrase "the Board" in its place.
2969	2969	Subsections 5620.4 and 5620.5 are amended by striking the phrase "the Director" and
2970	2970	inserting the phrase "the Board" wherever it appears.
2971	2971	Subsection 5620.6 is amended by striking the phrase "the Director of the Department of
2972	2972	Health" and inserting the phrase "the Board" wherever it appears.
2973	2973	Subsection 5620.8 is amended by striking the phrase "the Department of Health" and
2974	2974	inserting the phrase "the Board" in its place.
2975	2975
2976	2976	Section 5621, TRANSPORT OF MEDICAL MARIJUANA, is amended to read as follows:
2977	2977	5621 TRANSPORT OF MEDICAL MARIJUANA
2978	2978	5621.1 A cultivation center shall obtain from the Board a transport permit to transport
2979	2979	medical marijuana within the District of Columbia to registered dispensaries or
2980	2980	testing laboratories. An original transport permit shall be required for each vehicle
2981	2981	being designated by the cultivation center or its contracted agent to be authorized
2982	2982	to deliver medical marijuana to registered dispensaries.
2983	2983	5621.2 A testing laboratory shall obtain from the Board a transport permit to transport
2984	2984	medical marijuana within the District of Columbia from a cultivation center or
2985	2985	dispensary to the testing laboratory. An original transport permit shall be required
2986	2986	for each vehicle being designated by the testing laboratory or its contracted agent 66
2987	2987
2988	2988	to be authorized to transport medical marijuana from a cultivation center or
2989	2989	dispensary to a testing laboratory.
2990	2990	5621.3 A cultivation center, testing laboratory, or its contracted agent shall not transport
2991	2991	medical marijuana within the District of Columbia without an original transport
2992	2992	permit. A cultivation center or testing laboratory shall permit only an employee,
2993	2993	director, officer, member, incorporator, or agent registered with the Board or its
2994	2994	contracted agent to transport medical marijuana to a registered dispensary.
2995	2995	5621.4 Upon demand by an MPD officer or ABRA investigator, the registered person in
2996	2996	charge of the transportation for the cultivation center or testing laboratory, or its
2997	2997	contracted agent shall exhibit to the MPD officer or ABRA investigator an original
2998	2998	transport permit.
2999	2999
3000	3000	A new Section 5622, INVENTORY, is added to read as follows:
3001	3001	5622.1 Each cultivation center, dispensary, and testing laboratory shall be required to
3002	3002	develop, implement, and maintain, on its registered premises, a real-time inventory
3003	3003	control plan, which shall:
3004	3004	(a) Establish inventory controls and procedures it will use to conduct inventory
3005	3005	reviews and verify the cultivation center’s, dispensary’s or testing
3006	3006	laboratory’s cultivated, stored, useable and unusable marijuana and
3007	3007	marijuana products that are in its possession; and
3008	3008	(b) Include its procedures for storing marijuana and marijuana products and
3009	3009	preventing theft and diversion.
3010	3010	5622.2 Each cultivation center, dispensary and testing laboratory shall be responsible for
3011	3011	inputting and maintaining in the District’s seed-to-sale tracking system an accurate
3012	3012	inventory in real time of all marijuana and marijuana products in the possession of
3013	3013	the cultivation center, dispensary, or testing laboratory. This inventory shall include
3014	3014	all marijuana and marijuana products available for cultivation, finished usable
3015	3015	marijuana and marijuana products available for sale, immature and mature plants,
3016	3016	and unusable marijuana and marijuana products at the registered premises.
3017	3017	5622.3 In entering inventory into the District’s seed- to-sale tracking system, pursuant to §
3018	3018	5600.2, a cultivation center, dispensary or testing laboratory shall include damaged,
3019	3019	defective, expired, or adulterated marijuana or marijuana products awaiting
3020	3020	disposal, including the name, the quantity, and the reasons for which the cultivation
3021	3021	center, dispensary, or testing laboratory is maintaining the marijuana or marijuana
3022	3022	products.
3023	3023	5622.4 In tracking its marijuana and marijuana products inventory, a cultivation center,
3024	3024	dispensary or testing laboratory shall:
3025	3025	(a) Update marijuana and marijuana product inventories on at least a daily basis;
3026	3026	(b) Conduct a monthly inventory audit of cultivated, stored, useable and unusable
3027	3027	marijuana and marijuana products; and 67
3028	3028
3029	3029	(c) Conduct a comprehensive annual inventory audit at least once a year.
3030	3030	5622.5 The record of an inventory audit conducted pursuant to this section shall include,
3031	3031	at a minimum, the date of the audit , a summary of the audit findings, and the name,
3032	3032	signature, and title of the person(s) who conducted the audit .
3033	3033	5622.6 A dispensary, cultivation center or testing laboratory that becomes aware of a
3034	3034	reportable loss, discrepancies identified during an audit, diversion, or theft, whether
3035	3035	or not the marijuana or marijuana products are subsequently recovered and/or the
3036	3036	responsible parties are identified, shall notify the Board and MPD within twenty-
3037	3037	four (24) hours pursuant to the procedures set forth in subsections 5605.4 and
3038	3038	5610.3.
3039	3039	5622.7 For the purpose of this section, the phrase “unusable marijuana and marijuana
3040	3040	products” means the seeds and roots of the cannabis plant, as well as any products
3041	3041	derived therefrom.
3042	3042
3043	3043	Chapter 57, PROHIBITED AND RESTRICTED ACTIVIT IES, is amended as follows:
3044	3044
3045	3045	Section 5701, SALE OF MEDICAL MARIJUANA BY CULTIVATION CENTERS, is
3046	3046	amended as follows:
3047	3047	Subsection 5701.1 is amended by striking the phrase "qualified patient" and inserting the
3048	3048	phrase "qualifying patient" wherever it appears.
3049	3049
3050	3050	Section 5703, DELIVERY OF MEDICAL MARIJUANA, is amended to read as follows:
3051	3051
3052	3052	5703 DELIVERY OF MEDICAL MARIJUANA
3053	3053
3054	3054	5703.1 Except as provided in §§ 5703.2 and 5703.3, a dispensary shall not be permitted to
3055	3055	transport or deliver medical marijuana to a qualifying patient or caregiver or non-
3056	3056	resident qualifying patient or from a cultivation center or testing laboratory. It shall
3057	3057	be a violation of this subtitle for a dispensary to transport or deliver medical
3058	3058	marijuana to a qualifying patient or caregiver or non- resident qualifying patient,
3059	3059	cultivation center, or testing laboratory other than as provided in §§ 5703.2 and
3060	3060	5703.3.
3061	3061
3062	3062	5703.2 A dispensary, meeting the requirements of § 5703.3, shall only be permitted to
3063	3063	deliver medical marijuana to a qualifying patient or caregiver registered in the
3064	3064	District of Columbia Medical Marijuana Program and that has been issued a District
3065	3065	of Columbia Government medical marijuana card. A dispensary shall also be
3066	3066	permitted to deliver in the District of Columbia to a non-resident qualifying patient
3067	3067	unless ABRA determines that there is a shortage of medical marijuana or the real-
3068	3068	time electronic records system is inactive. A dispensary shall not deliver or
3069	3069	transport medical marijuana to a non-resident patient who does not possess a valid
3070	3070	medical marijuana card issued by the state or U.S. territory in which they reside or
3071	3071	to a District resident who possesses a medical marijuana card that was not issued
3072	3072	by Department of Health or, after December 9, 2020, by ABRA. A dispensary that
3073	3073	delivers medical marijuana to non-qualifying non-resident patients or individuals 68
3074	3074
3075	3075	who possess cards issued by unauthorized entities shall be subject to disciplinary
3076	3076	action, up to and including revocation of registration.
3077	3077
3078	3078	5703.3 A dispensary shall only be permitted to deliver medical marijuana to a qualifying
3079	3079	patient or caregiver registered in the District of Columbia Medical Marijuana
3080	3080	Program or to a non-resident qualifying patient if the dispensary complies with the
3081	3081	following requirements:
3082	3082
3083	3083	(a) The dispensary shall register its delivery vehicles with the Board by
3084	3084	completing a Board- issued application form and providing all required
3085	3085	information which shall include each vehicle's license plate number, vehicle
3086	3086	identification number (VIN), and its make, model and color;
3087	3087
3088	3088	(b) The dispensary may not register more than five (5) delivery vehicles in total
3089	3089	with the Board;
3090	3090
3091	3091	(c) A delivery vehicle shall not be marked with any signage, symbols, images,
3092	3092	or advertisement identifying the vehicle as associated with medical
3093	3093	marijuana;
3094	3094
3095	3095	(d) A delivery vehicle shall have a functioning global positioning system (GPS)
3096	3096	to ensure that the most direct delivery route is followed;
3097	3097
3098	3098	(e) A delivery driver shall be an employee of the dispensary;
3099	3099
3100	3100	(f) The dispensary shall register the name and medical marijuana employee
3101	3101	registration number of each delivery driver with the Board;
3102	3102
3103	3103	(g) The dispensary's delivery driver(s) shall have an active District of
3104	3104	Columbia medical marijuana employee registration;
3105	3105
3106	3106	(h) The dispensary's delivery driver(s) shall wear an employee badge when
3107	3107	making deliveries;
3108	3108
3109	3109	(i) The dispensary shall implement a mechanism or process for patients and
3110	3110	caregivers to submit copies of their registration cards and identification
3111	3111	cards to the dispensary for verification prior to delivery, and the dispensary
3112	3112	shall maintain a copy of both as part of the dispensary's recordkeeping
3113	3113	requirements;
3114	3114
3115	3115
3116	3116	(j) Prior to delivery, the dispensary shall:
3117	3117
3118	3118	(1) Verify that the patient, or the patient and caregiver, is actively
3119	3119	enrolled in the District Program or is a non- resident qualifying
3120	3120	patient, by checking their medical marijuana registration card and
3121	3121	comparing it to their records in order to ensure that the information
3122	3122	matches;
3123	3123	69
3124	3124
3125	3125	(2) Verify that the delivery address is a residence or a commercial
3126	3126	building address in the District that is not on Federal or District
3127	3127	Government property or public or private school grounds;
3128	3128
3129	3129	(3) Maintain a copy of the medical marijuana program or out of state or
3130	3130	U.S. territory registration card and a copy of the valid government-
3131	3131	issued identification card;
3132	3132
3133	3133	(4) Verify that the patient's requested amount does not exceed the
3134	3134	patient's rolling thirty (30)-day limit of eight ounces (8 oz.) ;
3135	3135
3136	3136	(5) Receive and only accept an order by electronic or other means from
3137	3137	a qualifying patient or the qualifying patient's caregiver or a non-
3138	3138	resident qualifying patient; and
3139	3139
3140	3140	(6) Deliver no more than once per day to the qualifying patient or the
3141	3141	qualifying patient's caregiver or a non-resident qualifying patient;
3142	3142
3143	3143	(k) The dispensary shall only make deliveries to residential or commercial
3144	3144	building addresses located within the District that are not on Federal or
3145	3145	District Government property or public or private school grounds to
3146	3146	qualifying patients and caregivers registered in the District medical
3147	3147	marijuana program or to non- resident qualifying patients as set forth in §
3148	3148	5703.2;
3149	3149
3150	3150	(l) The patient or caregiver ordering the medical marijuana shall be physically
3151	3151	present at the residence or the commercial building in the District where
3152	3152	medical marijuana can be lawfully delivered. For purposes of this
3153	3153	paragraph, "physically present at the residence" includes the residence's
3154	3154	porch, driveway, or yard. The phrase does not include any place that is not
3155	3155	included within the residence's property line, including the sidewalk or the
3156	3156	curb.
3157	3157
3158	3158	(m) The dispensary may make deliveries up to seven (7) days a week, but shall
3159	3159	only make deliveries between the hours of 9:00 a.m. and 9:00 p.m.;
3160	3160
3161	3161	(n) The dispensary shall implement a mechanism or recordkeeping process for
3162	3162	patients and caregivers to document receipt of medical marijuana deliveries,
3163	3163	and shall maintain the records as part of the dispensary's recordkeeping
3164	3164	requirements. If, in an enforcement action pursuant to Chapter 10 or
3165	3165	Chapter 62 of this subtitle, a patient or caregiver disputes receiving the
3166	3166	medical marijuana and the dispensary does not have documentation proving
3167	3167	the delivery occurred, the Board shall apply a rebuttable presumption that
3168	3168	the delivery did not occur;
3169	3169
3170	3170	(o) A dispensary delivery driver shall only travel from the dispensary to the
3171	3171	driver's assigned delivery address(es) and return to the dispensary; 70
3172	3172
3173	3173
3174	3174	(p) A dispensary delivery driver shall not at any time possess a combined total
3175	3175	of cash and medical marijuana exceeding five thousand dollars ($5,000.00)
3176	3176	in value;
3177	3177
3178	3178	(q) The dispensary shall record each delivery in the METRC delivery manifest
3179	3179	system in real-time and maintain a copy of the record as part of the
3180	3180	dispensary's recordkeeping requirements; and
3181	3181
3182	3182	(r) The dispensary shall provide a copy of its delivery manifest to the Board or
3183	3183	ABRA investigators, or MPD immediately upon request.
3184	3184
3185	3185	5703.4 A dispensary shall only be permitted to dispense medical marijuana through
3186	3186	curbside pickup or at-the-door pickup to a qualifying patient or caregiver or non-
3187	3187	resident qualifying patient if the dispensary complies with the following
3188	3188	requirements:
3189	3189
3190	3190	(a) A dispensary shall only be permitted to dispense medical marijuana through
3191	3191	curbside pickup or at-the-door pickup to a qualifying patient or caregiver
3192	3192	registered in the District Program, or to a patient enrolled in another state's
3193	3193	medical marijuana program who is recognized by the Board, as evidenced
3194	3194	by a state- issued medical marijuana patient card and with a government-
3195	3195	issued identification card. A dispensary that dispenses medical marijuana
3196	3196	to individuals who possess cards issued by unauthorized entities on the
3197	3197	Internet or states that are not yet recognized by the Board shall be subject
3198	3198	to disciplinary action up to and including revocation of registration;
3199	3199
3200	3200	(b) The dispensary shall implement a mechanism or process for a patient or a
3201	3201	District registered caregiver to submit a copy of the patient's, or registered
3202	3202	caregiver's, medical marijuana registration card and the patient's, or
3203	3203	registered caregiver's, government-issued identification card to the
3204	3204	dispensary for verification prior to dispensing. The dispensary shall
3205	3205	maintain a copy of both as part of the dispensary's recordkeeping
3206	3206	requirements;
3207	3207
3208	3208	(c) Prior to dispensing, the dispensary shall:
3209	3209
3210	3210	(1) Verify that the patient, or patient and registered caregiver, is actively
3211	3211	registered in the District medical marijuana program, or that the
3212	3212	non-resident patient is actively enrolled in another state's medical
3213	3213	marijuana program;
3214	3214
3215	3215	(2) Maintain a copy of the medical marijuana program or out of state or
3216	3216	U.S. territory registration card and a copy of the government-issued
3217	3217	identification card; and
3218	3218
3219	3219	(3) Verify that the patient's requested amount does not exceed the 71
3220	3220
3221	3221	patient's thirty (30)-day limit of eight (8) ounces;
3222	3222
3223	3223	(d) The dispensary shall ensure that the entire exchange of the medical
3224	3224	marijuana product to the patient or registered caregiver is clearly captured
3225	3225	on the dispensary's video surveillance system;
3226	3226
3227	3227	(e) The dispensary shall only provide curbside pickup at curbside directly in
3228	3228	front of the dispensary and in view of the dispensary's video surveillance
3229	3229	cameras. If the dispensary's location or video surveillance system is not
3230	3230	equipped to meet this requirement, the dispensary shall not provide curbside
3231	3231	pickup or at-the-door pickup.
3232	3232
3233	3233	(f) The dispensary shall implement procedures to ensure that curbside pickup
3234	3234	or at-the-door pickup is completed quickly and efficiently; and
3235	3235
3236	3236	(g) The dispensary shall implement a mechanism or recordkeeping process for
3237	3237	patients to document receipt of curbside pickup or at -the-door pickup, and
3238	3238	shall maintain the records as part of the dispensary's recordkeeping
3239	3239	requirements. If, in an enforcement action pursuant to chapter 10 or chapter
3240	3240	62 of this subtitle, a patient disputes receiving the medical marijuana and
3241	3241	the dispensary does not have documentation including clear video evidence
3242	3242	proving the dispensing occurred, the Board shall apply a rebuttable
3243	3243	presumption that the dispensing did not occur.
3244	3244
3245	3245	5703.5 At the dispensary's discretion, the dispensary may require electronic payment
3246	3246	before scheduling a delivery, curbside pickup, or at-the-door pickup; may limit
3247	3247	deliveries, curbside pickup, and or at-the-door pickup to electronic payment only.
3248	3248
3249	3249	5703.6 A cultivation center shall not be permitted to deliver medical marijuana to any
3250	3250	premises other than the specific registered premises of the dispensary where the
3251	3251	medical marijuana is to be sold.
3252	3252	Section 5704, PLANT LIMITATIONS, is amended as follows:
3253	3253	Subsection 5704.1 is amended to read as follows:
3254	3254
3255	3255	5704.1 A dispensary shall not be permitted to possess or sell marijuana plants. It shall be a
3256	3256	violation of this subtitle for a dispensary to possess or sell marijuana plants or for
3257	3257	a cultivation center to sell marijuana plants to a dispensary.
3258	3258	Section 5705, PROHIBITION REGARDING ON-PREMISES CONSUMPTION, is amended
3259	3259	to read as follows:
3260	3260	5705 PROHIBITION REGARDING ON-PREMISES CONSUMPTION
3261	3261
3262	3262	5705.1 A cultivation center, dispensary or testing laboratory shall not permit the
3263	3263	consumption of medical marijuana at the registered premises in any form. The
3264	3264	dispensary, cultivation center, or testing laboratory shall dispense or distribute 72
3265	3265
3266	3266	medical marijuana in a closed container that shall not be opened after sale, or the
3267	3267	contents consumed, on the premises where sold. A dispensary may exhibit for
3268	3268	display purposes only clear jars of medical marijuana to assist qualifying patients
3269	3269	in making informed purchase making decisions.
3270	3270	5705.2 It shall be a violation of this subtitle for a cultivation center, dispensary, or testing
3271	3271	laboratory to have on the registered premises any medical marijuana or marijuana
3272	3272	paraphernalia that shows evidence of the medical marijuana having been consumed
3273	3273	or partially consumed.
3274	3274	Section 5707, MINIMUM AGE AND ENTRY REQUIREMENTS, is amended to read as
3275	3275	follows:
3276	3276	5707 MINIMUM AGE AND ENTRY REQUIREMENTS
3277	3277
3278	3278	5707.1 A person under twenty-one (21) years of age shall not be employed by a dispensary
3279	3279	to sell or dispense medical marijuana.
3280	3280	5707.2 A person under twenty-one (21) years of age shall not be employed by a cultivation
3281	3281	center to grow or cultivate medical marijuana.
3282	3282	5707.3 A person under twenty-one (21) years of age shall not be employed by a testing
3283	3283	laboratory to test medical marijuana.
3284	3284	5707.4 A person under the age of eighteen (18) shall be precluded from purchasing medical
3285	3285	marijuana from a dispensary unless he or she is a qualifying patient and is in the
3286	3286	presence of a parent or guardian.
3287	3287	5707.5 A dispensary may prohibit an individual who is not a qualifying patient, caregiver,
3288	3288	or on official government business from entering or remaining on the registered
3289	3289	premises.
3290	3290	5707.6 A dispensary, cultivation center and testing laboratory shall maintain a visitor log
3291	3291	on-site. A dispensary's visitor log shall include the visitor's name, title, company,
3292	3292	date, time, and purpose of the visit.
3293	3293	5707.7 A dispensary, cultivation center and testing laboratory shall provide visitor
3294	3294	identification badges and register any visitors that are not qualifying patients or
3295	3295	caregivers or non-resident qualifying patients, including but not limited to vendors,
3296	3296	potential vendors, managers, agents, or employees, elected officials, and medical
3297	3297	consultants.
3298	3298	5707.8 In the event of an emergency, a dispensary that is not open to the public, a
3299	3299	cultivation center, or a testing laboratory shall be permitted to provide an outside
3300	3300	contractor with access to a limited or restricted access area for the sole purpose of
3301	3301	making repairs. The dispensary, cultivation center, or testing laboratory shall be
3302	3302	required to log in and out the outside contractor and retain with the log a photocopy
3303	3303	of the outside contractor's government issued identification.
3304	3304	5707.9 A dispensary, cultivation center, or testing laboratory shall provide any utilized 73
3305	3305
3306	3306	outside contractor with a visitor identification badge prior to entering a limited or
3307	3307	restricted access area and shall be escorted at all times by a registered dispensary,
3308	3308	cultivation center, or testing laboratory owner, manager, employee or agent. The
3309	3309	outside contractor shall have their visitor identification badge displayed at all times
3310	3310	while he or she is working in the limited or restricted access area. The dispensary,
3311	3311	cultivation center, or testing laboratory shall ensure that the outside contractor does
3312	3312	not touch any plant or medical marijuana. All visitor badges shall be returned to
3313	3313	the dispensary, cultivation center, or testing laboratory upon exit.
3314	3314	5707.10 A dispensary, cultivation center, or testing laboratory shall allow access to limited
3315	3315	or restricted access areas to emergency services personnel, such as firefighters,
3316	3316	MPD, ABRA investigators, or other government officials in the performance of
3317	3317	their duties without an escort in order to perform their job.
3318	3318	5707.11 For non-emergency repairs, a dispensary that is not open to the public, a cultivation
3319	3319	center, or a testing laboratory shall provide notice to ABRA before allowing an
3320	3320	outside contractor, such as an electrician or repair person, to work in a limited or
3321	3321	restricted access area between the hours of 7:00 a.m. and 9:00 p.m.
3322	3322	5707.12 For the purposes of this section, an emergency repair is one that needs to be
3323	3323	performed in order to prevent a risk of injury, a risk to the health of any person,
3324	3324	property damage, or other conditions that would necessitate the closing of the
3325	3325	facility.
3326	3326	Section 5708, COMPENSATION OR GIFTS TO AUTHORIZED PRACTITIONERS, is
3327	3327	renamed and amended to read as follows:
3328	3328	5708 COMPENSATION OR GIFTS
3329	3329
3330	3330	5708.1 It shall be a violation of this subtitle for a cultivation center or dispensary, or a
3331	3331	director, officer, member, incorporator, agent, or employee of a cultivation center
3332	3332	or dispensary to provide financial compensation, an office, or anything of value to
3333	3333	an authorized practitioner who recommends the use of medical marijuana.
3334	3334	5708.2 A cultivation center or dispensary shall not be permitted to hold educational
3335	3335	seminars, classes, or discussions regarding medical marijuana for authorized
3336	3336	practitioners.
3337	3337	5708.3 It shall be a violation of this subtitle for a cultivation center or dispensary, or a
3338	3338	director, officer, member, incorporator, agent, or employee of a cultivation center
3339	3339	or dispensary to provide financial compensation, an office, or anything of value to
3340	3340	a testing laboratory or the testing laboratory's director, officer, member,
3341	3341	incorporator, agent, or employee.
3342	3342	74
3343	3343
3344	3344	Section 5709, MEDICAL MARIJUANA AND PARAPHERNALIA RESTRICTIONS, is
3345	3345	amended to read as follows:
3346	3346
3347	3347	5709 MEDICAL MARIJUANA AND PARAPHERNALIA RESTRICTIONS
3348	3348
3349	3349	5709.1 A dispensary shall not provide a qualifying patient or caregiver more than eight
3350	3350	ounces (8 oz.) of dried medical marijuana, or the equivalent of eight ounces (8 oz)
3351	3351	of dried medical marijuana in a form other than dried, either at one (1) time or
3352	3352	within a thirty (30) day period.
3353	3353	5709.2 A dispensary shall dispense medical marijuana and distribute paraphernalia only to
3354	3354	a qualifying patient or caregiver.
3355	3355	Section 5710, VISIBILITY, is amended as follows:
3356	3356	Subsection 5710.1 is amended to read as follows:
3357	3357
3358	3358	5710.1 A dispensary, cultivation center, or testing laboratory shall not permit medical
3359	3359	marijuana or paraphernalia to be visible from any public or other property not
3360	3360	owned by the dispensary, cultivation center or testing laboratory.
3361	3361
3362	3362	Chapter 58, ADVERTISING, is amended as follows:
3363	3363
3364	3364	Subsection 5801, PROHIBITED STATEMENTS, is amended as follows:
3365	3365
3366	3366	Subsection 5801.2 is amended to read as follows:
3367	3367	5801.2 A statement that is known by the dispensary, cultivation center, or testing
3368	3368	laboratory to be false or misleading with respect to advertised price charged to the
3369	3369	qualifying patient, ingredients of medical marijuana, source of manufacturer, or
3370	3370	statements as to health benefits, shall be prohibited.
3371	3371	Chapter 59, RECORDS AND REPORTS, is amended as follows:
3372	3372	Section 5902, DISPENSARY BOOKS AND RECORDS, is amended as follows:
3373	3373	Subsection 5902.2 is amended by striking the phrase "qualified patient" and inserting the
3374	3374	phrase "qualifying patient" wherever it appears.
3375	3375	Section 5903, CULTIVATION CENTER REPORTS, is amended as follows:
3376	3376	Subsection 5903.2 is amended by striking the phrase "the Department" and inserting the
3377	3377	phrase "the Board" wherever it appears.
3378	3378	Subsection 5903.2(k) is amended by striking the phrase "the Mayor" and inserting the
3379	3379	phrase "the Board" in its place.
3380	3380	Subsection 5903.3 is amended by striking the phrase "the Department" and inserting the
3381	3381	phrase "the Board" in its place.
3382	3382	75
3383	3383
3384	3384	Section 5904, DISPENSARY REPORTS, is amended as follows:
3385	3385	Subsection 5904.2 is amended by striking the phrase "the Department" and inserting the
3386	3386	phrase "the Board" in its place.
3387	3387	Subsection 5904.2(a) is amended by striking the phrase "qualified patient" and inserting the
3388	3388	phrase "qualifying patient" in its place
3389	3389	Subsection 5904.2(i) is amended by striking the phrase "the Mayor" and inserting the phrase
3390	3390	"the Board" in its place.
3391	3391	Subsection 5904.3 is amended by striking the phrase "the Department" and inserting the
3392	3392	phrase "the Board" in its place.
3393	3393	Section 5906, RETENTION AND INSPECTION OF BOOKS AND RECORDS, is amended
3394	3394	as follows:
3395	3395	Subsection 5906.1 is amended to read as follows:
3396	3396
3397	3397	5906.1 The books and records referred to in this chapter, including the original and
3398	3398	duplicate invoices, shall be open to inspection by the Board, ABRA's Enforcement
3399	3399	Division, or any other District agency that may have jurisdiction over the
3400	3400	establishment, including Office of Tax and Revenue, Department of Consumer and
3401	3401	Regulatory Affairs, and D.C. Fire and Emergency Medical Services, during the
3402	3402	establishment's approved hours of operation.
3403	3403
3404	3404	Section
3405	3405	5907, REPORTING DIRECTOR, OFFICER, MEMBER, INCORPORATOR,
3406	3406	AGENT, EMPLOYEE, AND MANAGER CHANGES, is amended as follows:
3407	3407
3408	3408	Subsection 5907 is amended by striking the phrase "the Mayor" and inserting the phrase
3409	3409	"the Board" wherever it appears.
3410	3410
3411	3411	Chapter 60, DIRECTOR APPROVAL PROCEDURES, is amended follows:
3412	3412
3413	3413	Chapter 60 is renamed BOARD APPROVAL PROCEDURES.
3414	3414
3415	3415	Section 6000, DIRECTOR REVIEW REGISTRATION APPLICATIONS, is amended as
3416	3416	follows:
3417	3417
3418	3418	Section 6000 is renamed BOARD REVIEW OF REGISTRATION APPLICATIONS
3419	3419
3420	3420	Subsection 6000.1 is amended to read as follows:
3421	3421
3422	3422	6000.1 No registration application shall be approved until the Board has determined that
3423	3423	the applicant has complied with the requirements of § 5400.1 or, in the case of a
3424	3424	renewal, in compliance with the legal requirements of the Act and this subtitle. The
3425	3425	Board shall also consider, in the case of a third renewal for a cultivation center,
3426	3426	dispensary or testing laboratory, any timely comments filed by an ANC located in
3427	3427	the affected ward. 76
3428	3428
3429	3429
3430	3430	Subsection 6000.2 is amended by amending the lead-in language to read as follows:
3431	3431
3432	3432	6000.2 The Board may deny an application for good cause. For purposes of this section,
3433	3433	"good cause" shall include, but not be limited to, a finding by the Board that either:
3434	3434	Subsection 6000.3 is amended by striking the phrase "the Director" and inserting the phrase
3435	3435	"the Department" in its place.
3436	3436	Section 6001, DIRECTOR FINAL DECISIONS AND JUDICIAL REVIEW, is amended as
3437	3437	follows:
3438	3438	Section 6001 is renamed THE BOARD'S FINAL DECISION AND JUDICIAL REVIEW.
3439	3439	Subsections 6001.1 and 6001.2 are amended to read as follows:
3440	3440
3441	3441	6001.1 Denial by the Board of an application or renewal application for any registration
3442	3442	under this subtitle shall be deemed a final Board action.
3443	3443	6001.2 An initial applicant for registration of a dispensary, or cultivation center or testing
3444	3444	laboratory may seek review of the Board's Director's final decision in the D.C.
3445	3445	Superior Court within thirty (30) days after receipt of the notice if the applicant:
3446	3446	(a) Submitted a Letter of Intent that was not accepted by the Board;
3447	3447	(b) Submitted an application that was determined to be non-responsive;
3448	3448	(c) Received a score of less than one hundred fifty (150) points by the panel
3449	3449	prior to the ANC review; or
3450	3450	(d) Received a score of one hundred fifty (150) points or more by the panel
3451	3451	prior to the ANC review and was denied registration.
3452	3452	Subsection 6001.5 is amended by amending the lead-in by striking the phrase "the
3453	3453	Department" and inserting the phrase "the Board" in its place.
3454	3454	Subsection 6001.5(a) is amended to read as follows:
3455	3455	(a) Applicant's letter of intent to file an application for a cultivation center,
3456	3456	dispensary or testing laboratory registration with the Medical Marijuana
3457	3457	Program;
3458	3458	Subsection 6001.5(e) is amended to read as follows:
3459	3459	(e) Notices and correspondence between the Board or ABRA and the applicant
3460	3460	pertaining to the application for registration; and
3461	3461	Subsections 6001.8 through 6001.10 is amended by striking the phrase "the Department"
3462	3462	and inserting the phrase "the Board" in its place.
3463	3463	77
3464	3464
3465	3465	Subsection 6001.11 is amended to read as follows:
3466	3466	6001.11 In the event that after the rescoring and ranking of its application an applicant is not
3467	3467	eligible for a registration, the Board shall notify the applicant of the outcome of the
3468	3468	rescoring process and that the applicant's application remains denied. Notification
3469	3469	by the Board that an applicant is not eligible for a registration after the completion
3470	3470	of a rescoring process shall be deemed a final decision and the applicant may seek
3471	3471	review of the Board's decision in the District of Columbia Superior Court.
3472	3472	Subsections 6001.12 through 6001.14 are repealed.
3473	3473	Subsection 6001.15 is amended by striking the phrase "the Director" and inserting the
3474	3474	phrase "the Board".
3475	3475	Section 6002, REVOCATION OF REGISTRATION FOR CONVENIENCE OF THE
3476	3476	DISTRICT, is amended to read as follows:
3477	3477
3478	3478	6002 REVOCATION OF REGISTRATION FOR CONVENIENCE OF THE
3479	3479	DISTRICT
3480	3480
3481	3481	6002.1 If the Board determines a revocation is in the District's interest, the Board may
3482	3482	revoke a registrant's registration. Revocation pursuant to this section may occur
3483	3483	only if there are no further cultivation center, dispensary, or testing laboratory
3484	3484	registrations permitted by law to be awarded to an applicant that has become
3485	3485	eligible for a registration pursuant to § 6001.10.
3486	3486	6002.2 The registrant whose registration is in jeopardy of revocation pursuant to § 6002.1
3487	3487	shall receive a show cause notice pursuant to § 6204 which states that the
3488	3488	registrant's registration is in jeopardy, and that the registrant is being provided an
3489	3489	opportunity to show cause to the Board why the holder's registration should not be
3490	3490	revoked pursuant to § 6002.1. If after receiving notice of the action, the registrant
3491	3491	fails to appear at the evidentiary show cause hearing the Board shall either proceed
3492	3492	ex parte or cancel the registration and the registrant shall have no further right of
3493	3493	appeal of the Board's final action which results in the revocation or non- issuance of
3494	3494	his or her registration.
3495	3495	6002.3 The Board shall terminate a cultivation center's, dispensary's, or testing laboratory's
3496	3496	registration for the District's convenience by delivering to the holder of the
3497	3497	registration a Notice of Revocation specifying the reason for the revocation and the
3498	3498	effective date of the revocation.
3499	3499	6002.4 Upon receipt of a Notice of Revocation, a cultivation center, dispensary, or testing
3500	3500	laboratory shall immediately:
3501	3501	(a) Stop all activities authorized by the registration;
3502	3502	(b) Begin the transfer all forms medical marijuana in accordance with its
3503	3503	closure plan, which shall be completed within twenty-four (24) hours after
3504	3504	receipt of the Notice of Revocation; 78
3505	3505
3506	3506	(c) Surrender its registration to the Board within twenty-four (24) hours after
3507	3507	receipt of the Notice of Revocation, or after the cultivation center,
3508	3508	dispensary, or testing laboratory has transferred all of the medical marijuana
3509	3509	from its premises, whichever comes first; and
3510	3510	(d) Notify the Board, the DCRA, and the MPD of the completion of the
3511	3511	transfers and closure of the cultivation center, dispensary, or testing
3512	3512	laboratory pursuant to its closure plan.
3513	3513	6002.5 A cultivation center's, dispensary's, or testing laboratory's registration does not
3514	3514	create a contractual relationship with the District government.
3515	3515	Chapter
3516	3516	61, MANDATORY REVOCATION AND MANDATORY SUSPENSION, is
3517	3517	amended as follows:
3518	3518
3519	3519	Section 6100, MANDATORY REVOCATION OR SUSPENSION OF REGISTRATION, is
3520	3520	amended as follows:
3521	3521	Subsections 6100.1 and 6 100.2 are amended by striking the phrase "the Department"
3522	3522	and inserting the phrase "the Board" wherever it appears.
3523	3523	Subsections 6100.3 and 6100.4 are amended to read as follows:
3524	3524	6100.3 A cultivation center may request that an investigator put on protective gear prior to
3525	3525	entering a cultivation center.
3526	3526	6100.4 The Board shall suspend the registration of a cultivation center, dispensary or
3527	3527	testing laboratory upon a finding that a director, officer, member, incorporator,
3528	3528	agent manager or employee of a cultivation center, dispensary or testing laboratory
3529	3529	has willfully violated any provision specifically contained in the Act. The Board
3530	3530	shall remove the suspension once the Board is satisfied that the director, officer,
3531	3531	member, incorporator, agent, manager, or employee is no longer affiliated with or
3532	3532	employed by the cultivation center dispensary or testing laboratory.
3533	3533	Chapter 62, ENFORCEMENT PROCEEDINGS AND HEARINGS, is amended as follows:
3534	3534
3535	3535	Section 6200, COMPLAINTS AGAINST DISPENSARIES, CULTIVATION CENTERS,
3536	3536	AND AFFILIATED EMPLOYEES OR OFFICERS, is renamed to read as follows:
3537	3537	6200 COMPLAINTS AGAINST DISPENSARIES, CULTIVATION CENTERS,
3538	3538	TESTING LABORATORIES , AND AFFILIATED EMPLOYEES OR
3539	3539	OFFICERS
3540	3540
3541	3541	6200.1 The Board shall receive, at any time during the registration period, complaints from
3542	3542	any person, or an ANC in the affected ward, alleging a violation by a cultivation
3543	3543	center, dispensary, or testing laboratory or employee, officer, or affiliate thereof.
3544	3544	Complaints shall be in writing and set forth enough information to allow the Board
3545	3545	staff to investigate the matter, which shall include at a minimum:
3546	3546	(a) The facts or circumstances that form the basis of the complaint, including 79
3547	3547
3548	3548	the date(s), time(s), and location(s) of the incident(s);
3549	3549	(b) Clear identification of the dispensary, cultivation center, or testing
3550	3550	laboratory or registered individual that is the subject of the complaint;
3551	3551	(c) The name(s), and contact information (if known) of any witnesses to the
3552	3552	incident;
3553	3553	(d) Any supporting documentation or photos; and
3554	3554	(e) The contact information for the complainant.
3555	3555
3556	3556	6200.2 In addition to written complaints identifying the complainant, any person may make
3557	3557	an
3558	3558	anonymous complaint in writing to the Board or orally to any ABRA
3559	3559	investigator. Anonymous complaints shall be investigated to the best of the Board's
3560	3560	ability but may result in no action being taken if the anonymous complainant fails
3561	3561	to provide the Board or the ABRA investigator with adequate information.
3562	3562	6200.3 Nothing in this chapter shall preclude the Board from initiating an investigation on
3563	3563	its initiative if it finds that there exists a reasonable basis to believe that there is a
3564	3564	violation of the regulations or Act.
3565	3565	6200.4 Upon receiving a complaint, the Board may, in its discretion, request that the
3566	3566	cultivation center, dispensary, or testing laboratory complained of answer the
3567	3567	complaint within ten (10) days of receipt of the complaint. The Board shall attach
3568	3568	a copy of the complaint to the request or shall describe the acts alleged in the
3569	3569	complaint. The cultivation center, or dispensary or testing laboratory may respond
3570	3570	either personally or through a legal representative.
3571	3571	6200.5 If the Board receives a written response from a cultivation center, dispensary, or
3572	3572	testing laboratory, it may, in its discretion, send a copy of the response to the
3573	3573	complainant and request a written reply within a time period determined by the
3574	3574	Board.
3575	3575	6200.6 At any point during the course of the investigation or inquiry into the complaint,
3576	3576	the Board may determine that there is not and will not be sufficient evidence to
3577	3577	warrant further proceedings. In such event, the Board shall dismiss the complaint.
3578	3578	6200.7 If the Board determines, after an investigation, that there is otherwise reason to
3579	3579	believe that the acts alleged occurred and constitute a violation of the regulations
3580	3580	or the Act, the Board may fine the registration holder pursuant to the Civil
3581	3581	Infractions Act, or initiate an action to suspend or revoke the registration.
3582	3582	6200.8 All written complaints as set forth under § 6200.1, which identify the complainant
3583	3583	by name and address, shall be acknowledged in writing by the Board within thirty
3584	3584	(30) days of receipt of the complaint. At the conclusion of the matter, the Board
3585	3585	shall advise the complainant of the action that the Board has taken on the matter.
3586	3586	6200.9 The Board shall maintain records documenting complaints received and the action
3587	3587	taken in response to the complaint. 80
3588	3588
3589	3589	Section 6201, REVOCATION, SUSPENSION, OR FINES - GENERAL PROVISIONS, is
3590	3590	amended to read as follows:
3591	3591
3592	3592	6201 REVOCATION, SUSPENSION, OR FINES - GENERAL PROVISIONS
3593	3593	6201.1 Except in the case of a summary suspension or revocation action, the Board shall
3594	3594	not revoke or suspend a registration until the holder of the registration has been
3595	3595	given an opportunity to be heard in his or her defense.
3596	3596	6201.2 If a registration is revoked or suspended, no part of the registration fee shall be
3597	3597	returned.
3598	3598
3599	3599	6201.3 If the Board revokes a registration for a cultivation center, dispensary, or testing
3600	3600	laboratory, no registration shall be issued to the same person or persons whose
3601	3601	registration is so revoked for the same or any other location for five (5) years
3602	3602	following the revocation, except as provided below.
3603	3603	6201.4 If the Board revokes a manager's registration or a registration for a person other
3604	3604	than a cultivation center, dispensary, or testing laboratory, a manager's registration
3605	3605	or individual registration shall not be issued to the same person for two (2) years.
3606	3606	6201.5 This section shall not apply to registrations revoked by the Board for the
3607	3607	convenience of the District.
3608	3608	6201.6 The Board may fine, suspend, or revoke the registration of any registration holder
3609	3609	during the registration period if:
3610	3610	(a) The registration holder violates any of the provisions of the Act or this
3611	3611	subtitle;
3612	3612	(b) The registration holder allows the registered establishment to be used for
3613	3613	any unlawful or disorderly purpose;
3614	3614	(c) The registration holder fails to supervise in person, or through a manager
3615	3615	approved by the Board, the business for which the registration was issued;
3616	3616	(d) The registration holder fails or refuses to allow an ABRA investigator, a
3617	3617	designated agent of the Board, or a member of MPD to enter or inspect
3618	3618	without delay the registered premises or examine the books and records of
3619	3619	the business, or otherwise interferes with an investigation; or
3620	3620	(e) The registration holder fails to follow its security plan.
3621	3621	6201.7 The Board may revoke the registration of a registration holder as a result of any of
3622	3622	the following events during the period for which the registration was issued:
3623	3623	(a) The registration holder knowingly or recklessly sells or distributes medical
3624	3624	marijuana to an unregistered patient;
3625	3625	(b) The registration holder knowingly or recklessly purchases marijuana from 81
3626	3626
3627	3627	an unregistered cultivation center or dispensary;
3628	3628	(c) The registration holder knowingly or recklessly makes a false or misleading
3629	3629	statement to the Board or in any affidavit or application that they submit to
3630	3630	the Board;
3631	3631	(d) The registration holder unlawfully interferes or impedes in an inspection of
3632	3632	their premises conducted by an ABRA investigator or MPD; or
3633	3633
3634	3634	(e) The registration holder permits or encourages the consumption of medical
3635	3635	marijuana on their premises. Repeated violations for permitting the
3636	3636	consumption of medical marijuana on the registered premises shall be
3637	3637	considered evidence of encouragement.
3638	3638	6201.8 The Board may impose civil fines under the Civil Infractions Act for any infraction
3639	3639	under this subtitle, not to exceed two thousand dollars ($2,000) per first offense
3640	3640	violation.
3641	3641	Section 6202, NOTICE OF CONTEMPLATED ACTION AND HEARING, is amended to
3642	3642	read as follows:
3643	3643	6202 NOTICE OF CONTEMPLATED ACTION AND HEARING
3644	3644
3645	3645	6202.1 Violation of any provision of the Act or this subtitle may result in a notice of intent
3646	3646	to suspend or revoke the registration of a dispensary, cultivation center, testing
3647	3647	laboratory, director, officer, member, incorporator, agent, employee, or manager.
3648	3648	6202.2 Except in the case of a summary suspension or revocation, the Board shall give a
3649	3649	registrant written notice and hold a show cause hearing pursuant to § 6204 prior to
3650	3650	taking any final action which would:
3651	3651	(a) Suspend registration; or
3652	3652	(b) Revoke registration.
3653	3653	6202.3 A show cause notice of intent to suspend or revoke shall contain the following:
3654	3654	(a) A statement of the proposed action;
3655	3655	(b) A statement setting forth the reasons for the proposed action, including a
3656	3656	specification of any specific violation complained of;
3657	3657	(c) Reference to any particular section of the Act or this subtitle allegedly
3658	3658	violated;
3659	3659	(d) A date of both a show cause status and evidentiary show cause hearing as
3660	3660	well as the contact information for the assigned Office of Attorney General
3661	3661	attorney; and
3662	3662	(e) A statement that the Board may proceed ex parte if the registrant does not
3663	3663	appear for the show cause hearing. 82
3664	3664
3665	3665	6202.4 A notice, order, decision, or pleading required by this chapter to be served upon a
3666	3666	party shall be served upon the party or upon the representative designated by the
3667	3667	party or by law to receive service of papers. If a party has appeared through counsel,
3668	3668	service may be made upon the counsel of record.
3669	3669	6202.5 Service on a registrant shall be directed to the last known address of the registrant
3670	3670	on file with the Board or the registrant's resident agent or attorney, and shall be
3671	3671	completed by one (1) of the following methods:
3672	3672
3673	3673	(a) Personal delivery;
3674	3674
3675	3675	(b) Leaving it at the party's place of business or with the party's registered
3676	3676	agent; or
3677	3677	(c) Certified mail, return receipt requested.
3678	3678	6202.6 Proof of service, stating the name and address of the person on who service is made
3679	3679	and the manner and date of service, may be shown by one (1) of the following
3680	3680	methods:
3681	3681	(a) Written acknowledgement by the party or other person served in accordance
3682	3682	with § 6202.5 or by the party's counsel;
3683	3683	(b) The certificate of the serving party or that party's counsel; or
3684	3684	(c) A return receipt if service is made by certified mail.
3685	3685	6202.7 If service is by personal delivery, it shall be deemed to have been served at the time
3686	3686	when delivery is made to the party or other person served in accordance with §
3687	3687	6202.5.
3688	3688	6202.8 If service is by certified mail, it shall be deemed to have been made on the date
3689	3689	shown on the return receipt showing delivery of the notice to the party or refusal of
3690	3690	the party to accept delivery.
3691	3691	6202.9 If the party is no longer at the last known address as shown by the records of the
3692	3692	Board and no forwarding address is available, service shall be deemed to have been
3693	3693	made on the date the return receipt bearing that notification is received by the
3694	3694	Board.
3695	3695	6202.10 Unless otherwise authorized by the Board, any notice from or to the Board shall be
3696	3696	made by personal delivery or sent by certified mail, return receipt requested.
3697	3697	6202.11 The decision rendered by the Board shall be the Final Order in this matter. Either
3698	3698	party may seek review of the Board's decision by the District of Columbia Court of
3699	3699	Appeals in accordance with the District of Columbia Procedure Act, effective
3700	3700	October 21, 1968, (82 Stat. 1204;
3701	3701	D.C. Official Code § 2- 501 et seq.).
3702	3702	83
3703	3703
3704	3704	Section 6203, NOTICE OF SUMMARY SUSPENSION ACTION AND HEARING, is
3705	3705	Renamed and amended to read as follows:
3706	3706	6203 NOTICE OF SUMMARY SUSPENSION OR SUMMARY REVOCATION
3707	3707	ACTION AND HEARING
3708	3708
3709	3709	6203.1 Violation of the Act or this subtitle may result in the summary suspension or
3710	3710	summary revocation of a cultivation center's, dispensary's, or testing laboratory's
3711	3711	registration.
3712	3712	6203.2 If the Board determines, after investigation, that the operations of a cultivation
3713	3713	center, dispensary, or testing laboratory present an imminent danger to the health
3714	3714	and safety of the public, the Board may summarily suspend, revoke, or restrict,
3715	3715	without a hearing, the registration of the cultivation center, dispensary, or testing
3716	3716	laboratory.
3717	3717	6203.3 The Board may also summarily suspend, revoke, or restrict a cultivation center,
3718	3718	dispensary, or testing laboratory registration when:
3719	3719	(a) The establishment has been the scene of an assault on a police officer,
3720	3720	ABRA investigator, other government inspector or investigator, or other
3721	3721	governmental official, who was acting in his or her official capacity;
3722	3722	(b) The establishment is in violation of the District of Columbia Controlled
3723	3723	Substances Act or Chapter 11 of Title 48 of the District of Columbia Official
3724	3724	Code; or
3725	3725	(c) A registered person from the dispensary assaults a qualifying patient or
3726	3726	caregiver at the registered premises.
3727	3727	6203.4 A notice of summary suspension or revocation shall contain the following:
3728	3728	(a) A statement that operations must cease immediately, with the exception of
3729	3729	necessary tending requirements by cultivation centers;
3730	3730	(b) A statement that the dispensary, cultivation center, or testing laboratory
3731	3731	must submit to an immediate inventory of all medical marijuana items on
3732	3732	the premises by ABRA investigators;
3733	3733	(c) A statement that the dispensary, cultivation center, or testing laboratory
3734	3734	must surrender all registration cards and permits associated with the
3735	3735	dispensary, cultivation center, or testing laboratory to the Board within
3736	3736	twenty-four (24) hours of receiving the summary suspension notice;
3737	3737	(d) A statement setting forth the reasons for the summary action, including a
3738	3738	specification of any specific violation complained of;
3739	3739	(e) Reference to any particular section of the Act or rules allegedly violated;
3740	3740	(f) A statement that the registrant may request an immediate hearing before the
3741	3741	Board for the purpose of determining whether the suspension shall continue. 84
3742	3742
3743	3743	The registrant shall file the request with the Board within three (3) business
3744	3744	days after service of a notice of a summary suspension, revocation, or
3745	3745	restriction of the registration. The Board shall hold a hearing within two (2)
3746	3746	business days of receipt of a timely request unless otherwise agreed by the
3747	3747	parties to be held at a later date. The Board shall issue a decision within
3748	3748	three (3) business days after the hearing.
3749	3749
3750	3750	(g) A person aggrieved by a final summary action may file an appeal with the
3751	3751	District of Columbia Court of Appeals in accordance with the District of
3752	3752	Columbia Administrative Procedure Act, effective October 21, 1968 (82
3753	3753	Stat.1204; D.C. Official Code § 2-501 et seq.)
3754	3754	.
3755	3755	6203.5 A notice, order, decision, or pleading required by this chapter to be served upon a
3756	3756	party shall be served upon the party or upon the representative designated by the
3757	3757	party or by law to receive service of papers. If a party has appeared through counsel,
3758	3758	service may be made upon the counsel of record.
3759	3759	6203.6 Service on a registrant shall be directed to the last known address of the registrant
3760	3760	on file with the Board or the registrant's resident agent or attorney, and shall be
3761	3761	completed by one (1) of the following methods:
3762	3762	(a) Personal delivery;
3763	3763	(b) Leaving it at the party's place of business or with the party's registered
3764	3764	agent; or
3765	3765	(c) Certified mail, return receipt requested.
3766	3766	6203.7 Proof of service, stating the name and address of the person on who service is made
3767	3767	and the manner and date of service, may be shown by one (1) of the following
3768	3768	methods:
3769	3769	(a) Written acknowledgement by the party or other person served in accordance
3770	3770	with § 6203.6 or by the party's counsel;
3771	3771	(b) The certificate of the serving party or that party's counsel; or
3772	3772	(c) A return receipt if service is made by certified mail.
3773	3773	6203.8 If service is by personal delivery, it shall be deemed to have been served at the time
3774	3774	when delivery is made to the party or other person served in accordance with §
3775	3775	6203.6.
3776	3776	6203.9 If service is by certified mail, it shall be deemed to have been made on the date
3777	3777	shown on the return receipt showing delivery of the notice to the party or refusal of
3778	3778	the party to accept delivery.
3779	3779	6203.10 If the party is no longer at the last known address as shown by the records of the
3780	3780	Board, and no forwarding address is available, service shall be deemed to have been
3781	3781	made on the date the return receipt bearing that notification is received by the
3782	3782	Board. 85
3783	3783
3784	3784	6203.11 A registrant whose registration has been summarily suspended may request an
3785	3785	immediate hearing before the Board within three (3) business days for the purpose
3786	3786	of determining whether the suspension shall continue. The registrant shall file the
3787	3787	request with the Board within three (3) business days after receiving the notice. The
3788	3788	hearing shall be held by the Board within two (2) business days after receiving the
3789	3789	request unless otherwise agreed by the parties to be held at a later date.
3790	3790
3791	3791	6203.12 Unless otherwise authorized by the Board, any notice from or to the Board shall be
3792	3792	made by personal delivery or sent by certified mail, return receipt requested.
3793	3793	6203.13 A request for a hearing under this chapter shall include the following:
3794	3794	(a) A statement of the facts relevant to the review of the action;
3795	3795	(b) A statement of the arguments that the respondent considers relevant to the
3796	3796	review of the action; and
3797	3797	(c) Any other evidence considered relevant.
3798	3798	6203.14 If the registrant fails to request a hearing within the time and in the manner specified
3799	3799	in the notice, the summary suspension shall continue until after a finding by the
3800	3800	Board that the imminent danger no longer exists, or until after a decision on a notice
3801	3801	of intent to revoke or suspend the registration becomes final under § 6202.13 or
3802	3802	6202.16.
3803	3803	6203.15 If a hearing is timely requested, the proceedings shall thereafter be conducted
3804	3804	pursuant to Chapter 17 of Title 23 of the DCMR.
3805	3805	6203.16 The decision rendered by the Board shall be the Final Order in this matter. Either
3806	3806	party may seek review of the Board's decision with District of Columbia Court of
3807	3807	Appeals in accordance with the District of Columbia Administrative Procedure Act,
3808	3808	effective October 21, 1968 (82 Stat 1204; D.C. Official Code § 2- 501 et seq.).
3809	3809	Section 6204, REQUEST FOR SUSPENSION OR REVOCATION OF REGISTRATION
3810	3810	BY CHIEF OF POLICE, is amended to read as follows:
3811	3811	6204 SHOW CAUSE HEARINGS
3812	3812
3813	3813	6204.1 Whenever the Board has reasonable cause to believe that any registration or permit
3814	3814	should be suspended or revoked pursuant to S ection 6 of the Act, it shall notify the
3815	3815	person to whom the registration or permit was issued by personal service or
3816	3816	certified mail at the last address recorded by that person with the Board, citing that
3817	3817	person to appear before the Board not less than thirty (30) days thereafter. The
3818	3818	notice shall state the time and place set by the Board for the hearing.
3819	3819
3820	3820	6204.2 Notwithstanding § 6204.1, the Board may serve the registrant by electronic mail if
3821	3821	they agree to accept service by email. Service shall be sent to the email address on
3822	3822	file or the registrant or their resident agent or counsel and shall be deemed served
3823	3823	on the date and time stated on the email.
3824	3824
3825	3825	86
3826	3826
3827	3827	6204.3 The holder of the registration of permit shall appear in his or her defense in person
3828	3828	or virtually and may have representation by counsel or other designated
3829	3829	representative and shall be entitled to offer evidence before the Board with respect
3830	3830	to the charges.
3831	3831
3832	3832	6204.4 If the person whose registration or permit is sought to be suspended or revoked
3833	3833	waives the hearing or fails to appear at the time and place set for the hearing, the
3834	3834	Board may proceed ex parte, unless the Board extends the time for the hearing.
3835	3835
3836	3836
3837	3837	6204.5 The Board shall make its findings of fact based upon the evidence which has been
3838	3838	presented to it.
3839	3839
3840	3840
3841	3841	6204.6 The Board may, in its discretion, accept from both (1) the holder of the registration
3842	3842	or permittee and (2) the Office of the Attorney General or the prosecuting entity an
3843	3843	offer in compromise and settlement to resolve the charges brought at the show cause
3844	3844	hearing by the District of Columbia against the holder of the registration or permit.
3845	3845	An offer in compromise and settlement may be tendered to the Board at any time
3846	3846	prior to the issuance of a decision by the Board on the contested matter.
3847	3847
3848	3848
3849	3849	6204.7 An offer submitted by the parties and accepted by the Board shall constitute a
3850	3850	waiver of appeal and judicial review.
3851	3851	6204.8 A show cause hearing shall be conducted pursuant to the procedures set forth in
3852	3852	Chapter 17 of Title 23 of the DCMR.
3853	3853	Section 6205, NOTICE TO DISTRICT AGENCIES, is amended to read as follows:
3854	3854
3855	3855	6205 NOTICE TO DISTRICT AGENCIES
3856	3856	6205.1 The Board shall provide written notice to MPD of any decision that results in the
3857	3857	suspension or revocation of the cultivation center's, dispensary's, or testing
3858	3858	laboratory's registration.
3859	3859	Section 6206, NOTICE OF SUSPENSION OR REVOCATION TO PUBLIC, is amended as
3860	3860	follows:
3861	3861	Subsection 6206.1 is amended to read as follows:
3862	3862
3863	3863	6206.1 If a cultivation center, dispensary, or testing laboratory registration is revoked or
3864	3864	suspended, the Board shall post two (2) notices in conspicuous places at or near the
3865	3865	main street entrance of the outside of the establishment.
3866	3866	Subsection 6206.4 is repealed.
3867	3867	87
3868	3868
3869	3869	Section 6207, EXAMINATION OF PREMISES AND BOOKS AND RECORDS, is amended
3870	3870	as follows:
3871	3871
3872	3872	Subsection 6207.1 is amended by amending the lead-in language to read as follows:
3873	3873
3874	3874	6207.1 A cultivation center, dispensary, or testing laboratory shall allow any ABRA
3875	3875	investigator or compliance analyst, or member of the Metropolitan Police
3876	3876	Department, or any other District agency with jurisdiction over the establishment,
3877	3877	a full opportunity to investigate, inspect, and examine, at any time during business
3878	3878	hours and other times of apparent activity:
3879	3879	Subsections 6207.3 and 6207.4 are amended to read as follows:
3880	3880	6207.3 All books and records required to be maintained by the cultivation center,
3881	3881	dispensary, or testing laboratory shall be maintained at the registered premises.
3882	3882	6207.4 Notwithstanding § 6207.3, the establishment may store its books and records
3883	3883	electronically; provided that they provide the ABRA investigator, Metropolitan
3884	3884	Police Department Officer, or an employee of any other District agency with
3885	3885	jurisdiction over the program with access to the to the electronic records during
3886	3886	normal business hours and produce the physical books and records within forty-
3887	3887	eight (48) hours of notice of the inspection.
3888	3888	New Sections 6208 and 6209 are added to read as follows:
3889	3889
3890	3890	6208 FACT-FINDING HEARINGS
3891	3891
3892	3892	6208.1 Prior to rendering a final decision on a licensing or registration request or an ABRA
3893	3893	Investigative Report, the Board may hold a non-evidentiary fact-finding hearing to
3894	3894	obtain further information from an applicant, licensee, registrant, witness,
3895	3895	government official, or any other member of the public with the permission of the
3896	3896	Board.
3897	3897
3898	3898	6208.2 A dispensary, cultivation center, testing laboratory, or a registered patient or
3899	3899	caregiver shall not be fined or have its registration suspended or revoked at a fact-
3900	3900	finding hearing. However, information provided at a fact-finding hearing may
3901	3901	result in an enforcement action being taken under the Act or this subtitle. The fact-
3902	3902	finding hearing may also result in the Board initiating an action to deny, modify,
3903	3903	place conditions, or approve an application, as well as any other action authorized
3904	3904	by the Act or this subtitle.
3905	3905
3906	3906	6208.3 An applicant or registration holder that fails to appear at a fact-finding hearing
3907	3907	without good cause or refuses to respond to questions asked by the Board may have
3908	3908	their application deemed abandoned, which shall result in the denial of their
3909	3909	application.
3910	3910
3911	3911	6208.4 At any time, in its discretion, the Board may limit or exclude the submission of
3912	3912	evidence, statements, and testimony at the hearing. 88
3913	3913
3914	3914
3915	3915	6208.5 All fact-finding hearings shall be open to the public unless closed to the public in
3916	3916	accordance with section 405 of the Open Meetings Act, effective March 31, 2011,
3917	3917	(D.C. Law 18- 350; D.C. Official Code § 2- 575), as amended.
3918	3918
3919	3919	6209 SAFEKEEPING HEARINGS
3920	3920
3921	3921	6209.1 The Board may hold a contested case safekeeping hearing to determine whether to
3922	3922	extend or cancel a registration for a dispensary, cultivation center or testing
3923	3923	laboratory that is currently not open or operating as required by §§ 5303 and 5613.
3924	3924
3925	3925	6209.2 In determining whether to extend or cancel a registration, the Board shall consider
3926	3926	whether the holder of the registration has made reasonable progress toward opening
3927	3927	or reopening.
3928	3928
3929	3929	6209.3 The term "reasonable progress" for purposes of this section shall mean taking
3930	3930	deliberate steps to start or resume business operations, including acquiring
3931	3931	necessary permits or approvals from DCRA, the Office of Zoning, the Historic
3932	3932	Preservation Board, or any District agency, executing contractual agreements or
3933	3933	lease agreements, retaining contractors, or transferring the license to a new owner
3934	3934	or new location, if permitted. The Board may also take into account any prior
3935	3935	commitments made by the holder of the registration to the Board.
3936	3936	Chapter 63, SLIDING SCALE PROGRAM, is amended as follows:
3937	3937	Section 6300, SLIDING SCALE PROGRAM, is amended as follows:
3938	3938	Subsection 6300.2 is amended by striking the phrase "the Director" and inserting the phrase
3939	3939	"the Board" in its place.
3940	3940	Subsections 6300.5 and 6300.6 are amended by striking the phrase "the Department" and
3941	3941	inserting the phrase "the Board" in its place.
3942	3942	Subsection 6300.8 is amended by striking the phrase "the Director" and inserting the phrase
3943	3943	"the Board" in its place.
3944	3944	Chapter 64, TESTING LABORATORIES, is amended as follows:
3945	3945	Section 6400, APPLICABILITY, is amended by striking the phrase "the Department" and
3946	3946	inserting the phrase "the Board" wherever it appears.
3947	3947	Section
3948	3948	6401, GENERAL PROVISIONS, is amended by striking the phrase "the
3949	3949	Department" and inserting the phrase "the Board" wherever it appears.
3950	3950	Section 6402, TESTING LABORATORY REGISTRATION APPLICATION
3951	3951	REQUIREMENTS AND SELECTION PROCESS, is amended as follows:
3952	3952	Subsections 6402.3 and 6402.4 are amended by striking the phrase "the Director" and
3953	3953	inserting the phrase "the Board" wherever it appears. 89
3954	3954
3955	3955	Subsection 6402.6(f) is amended to read as follows:
3956	3956	(f) A notarized written statement from the applicant that he or she has read the
3957	3957	Act and this subtitle and has knowledge of the District and federal laws and
3958	3958	regulations relating to medical marijuana; and
3959	3959
3960	3960	A new subsection 6402.6(g) is added to read as follows:
3961	3961	(g) Information regarding whether the applicant has qualified as a medical
3962	3962	cannabis certified business enterprise or is eligible to qualify as a medical
3963	3963	cannabis certif ied business enterprise.
3964	3964	Subsection 6402.7 is amended by striking the phrase "the Department" and inserting the
3965	3965	phrase "the Board" in its place.
3966	3966	Subsection 6402.8 is amended to read as follows:
3967	3967	6402.8 Upon receipt of a written security plan for an initial testing laboratory application,
3968	3968	the Board shall forward the security plan electronically to MPD or its designee for
3969	3969	an assessment. MPD or its designee shall complete its assessment of the security
3970	3970	plan within twenty-one (21) days of receipt from the Board. The Board shall not
3971	3971	issue a testing laboratory registration until MPD or its designee completes its
3972	3972	security plan assessment and submits that assessment in writing to the Board.
3973	3973	Section 6404, ACCREDITATION, CERTIFICATION AND INSPECTION, is amended by
3974	3974	striking the phrase "the Department" and inserting the phrase "the Board" wherever it
3975	3975	appears.
3976	3976	Section 6405, RECORDS RETENTION, is amended as follows:
3977	3977	Subsection 6405.1 is amended by striking the phrase "the Department" and inserting the
3978	3978	phrase "the Board" in its place.
3979	3979	Subsection 6405.2 is amended by striking the phrase "the Department" and inserting the
3980	3980	phrase "the Board or ABRA" in its place.
3981	3981	Section
3982	3982	6406, LABORATORY PERSONNEL QUALIFICATIONS AND DUTIES, is
3983	3983	amended by striking the phrase "the Department" and inserting the phrase "the Board"
3984	3984	wherever it appears.
3985	3985	Section 6407, STANDARD OPERATING PROCEDURE REQUIREMENTS", is amended
3986	3986	as follows:
3987	3987	Subsection 6407 is amended by striking the phrase "the Department's" and inserting the
3988	3988	phrase "the Board's" in its place.
3989	3989	Section 6409, TESTING REQUIREMENTS AND METHODOL OGIES, is amended as
3990	3990	follows:
3991	3991	Subsections 6409.2 and 6409.3 are amended by striking the phrase "the Department" and
3992	3992	inserting the phrase "the Board" wherever it appears. 90
3993	3993
3994	3994	Subsection 6409.5 is amended to read as follows:
3995	3995	6409.5 The samples personally selected and collected by the testing laboratory shall
3996	3996	include, at a minimum:
3997	3997
3998	3998	(a) One (1) testable sample of the final product of flower, from each harvest for
3999	3999	every strain of medical marijuana grown by the cultivation center;
4000	4000	(b) One (1) testable sample of the final product of flower stored and packaged
4001	4001	at the dispensary; and
4002	4002	(c) One (1) testable sample of each type of product produced from each batch
4003	4003	of medical marijuana, such as but not limited to, the following:
4004	4004	(1) Tincture;
4005	4005	(2) Topical;
4006	4006	(3) Shatter;
4007	4007	(4) Oils;
4008	4008	(5) Edibles;
4009	4009	(6) Wax;
4010	4010	(7) Kief; and
4011	4011	(8) Hash.
4012	4012
4013	4013	Section 6410, RESULT REPORTING, is amended as follows:
4014	4014
4015	4015	Subsection 6410.2 is amended by striking the phrase "the Department's" and inserting the
4016	4016	phrase "the Board's" in its place.
4017	4017
4018	4018	Subsections
4019	4019	6410.4, 6410.6, and 6410.7 are amended by striking the phrase "the
4020	4020	Department" and inserting the phrase "the Board" wherever it appears.
4021	4021
4022	4022	Chapter 99, DEFINITIONS, is amended as follows:
4023	4023
4024	4024	Section 9900, DEFINITIONS, is amended as follows:
4025	4025
4026	4026	Subsection 9900.1 is amended by adding the following definitions in alphabetical order:
4027	4027
4028	4028	ABRA
4029	4029	- Alcoholic Beverage Regulation Administration
4030	4030
4031	4031	Board - Alcoholic Beverage Control Board
4032	4032
4033	4033	Fact-finding hearing
4034	4034	- a hearing held by the Board to obtain further information
4035	4035	from an applicant in response to either (1) a licensing or registration request 91
4036	4036
4037	4037	or (2) an investigation conducted by ABRA.
4038	4038
4039	4039	Offer in Compromise
4040	4040	- a negotiation between the Government and the
4041	4041	Respondent to settle the charges brought by the Government for those
4042	4042	violations committed by the Respondent in the instant case.
4043	4043
4044	4044	Safekeeping hearing
4045	4045	- means a proceeding held by the Board to determine whether
4046	4046	reasonable cause exists to extend the period that a registration is in
4047	4047	safekeeping with the Board or whether the registration should be cancelled
4048	4048	by the Board.
4049	4049
4050	4050	Subsection 9900.1 is further amended by amending the following terms and definitions to
4051	4051	read as follows:
4052	4052
4053	4053	Active Medical Marijuana Program - a program established by a state or U.S.
4054	4054	territory that allows the use of marijuana for one's medical needs.
4055	4055	Business applicant
4056	4056	- a person who has made an application to register a cultivation
4057	4057	center, dispensary, testing laboratory, or medical marijuana certification
4058	4058	provider permit and who has an application pending before the Board.
4059	4059
4060	4060	Caregiver - a person who:
4061	4061	(a) Is designated by a qualifying patient as the person authorized, on the
4062	4062	qualifying patient's behalf, to possess, obtain from a dispensary, dispense,
4063	4063	administer, and assist in the administration of medical marijuana;
4064	4064	(b) Is registered with the Board as the qualifying patient's caregiver;
4065	4065	(c) Is not currently, with the exception of caregivers providing services on behalf
4066	4066	of nursing homes and hospices, serving as the caregiver for another
4067	4067	qualifying patient; and
4068	4068	(d) Is at least eighteen (18) years of age.
4069	4069
4070	4070	Cultivation Center - means a facility operated by an organization or business
4071	4071	registered with the Board pursuant to Section 6 of the Act from or at which
4072	4072	medical marijuana is cultivated, possessed, manufactured, and distributed in
4073	4073	the form of medical marijuana, and paraphernalia is possessed and
4074	4074	distributed to dispensaries.
4075	4075
4076	4076	Director
4077	4077	- means the Director of the Alcoholic Beverage Regulation
4078	4078	Administration or his or her designee or designees.
4079	4079
4080	4080	Dispensary
4081	4081	- means a facility operated by an organization or business registered
4082	4082	with the Board pursuant to Section 6 of the Act from or at which medical
4083	4083	marijuana is possessed and dispensed and paraphernalia is possessed and
4084	4084	distributed to a qualifying patient or a caregiver.
4085	4085	92
4086	4086
4087	4087	Expediter - other than a registered caregiver, any person or entity employed,
4088	4088	contracted, volunteering, or compensated by any form of remuneration, gift,
4089	4089	donation, or bartering, to register individuals as patients in the medical
4090	4090	marijuana program, to connect individuals with recommending authorized
4091	4091	practitioners, to solicit individuals to become qualifying patients, to
4092	4092	complete application forms or to assist individuals in completing application
4093	4093	forms to become qualifying patients, or to transport or deliver to the Board
4094	4094	application forms for individuals seeking to become qualifying patients.
4095	4095
4096	4096	Individual Applicant
4097	4097	- an individual who has made an application for a manager's
4098	4098	registration or for registration as a director, officer, member, incorporator,
4099	4099	agent, or employee and who has an application pending before the Board.
4100	4100
4101	4101	Letter of information - a written request from the Board for further factual
4102	4102	information in response to a request for an advisory opinion.
4103	4103
4104	4104	Manager - an individual who has obtained a manager's registration from the Board
4105	4105	and who is designated by the cultivation center, dispensary, or testing
4106	4106	laboratory to manage the registered premises in the absence of a registered
4107	4107	owner.
4108	4108
4109	4109	Nonresident Card
4110	4110	- a medical marijuana patient card issued by a state or U.S.
4111	4111	territory that has a medical marijuana program and issues either a card or
4112	4112	state- issued document evidencing the patient's participation in the program.
4113	4113
4114	4114	Nonresident Qualifying Patient - a person that is not a resident of the District of
4115	4115	Columbia who is enrolled in another jurisdiction's medical marijuana
4116	4116	program and issued an official card by a local, state, federal government
4117	4117	entity recognizing their participation in the jurisdiction's medical
4118	4118	marijuana program; provided, that a patient from another jurisdiction shall
4119	4119	not be a qualifying patient if ABRA determines that there is a shortage of
4120	4120	medical marijuana or the real-time electronic records system referenced in
4121	4121	section 6(4)(A) of the Act (D.C. Official Codes § 7- 1671.05(4)(A)) is
4122	4122	inactive.
4123	4123
4124	4124	Panel
4125	4125	- means the six (6) member or seven (7) member, composite board appointed
4126	4126	by the Board responsible for evaluating, rating, and scoring applications for
4127	4127	cultivation center and dispensary registrations.
4128	4128
4129	4129	Placard - means a written notice posted at an establishment for the purpose of
4130	4130	notifying the public of action involving a new or transfer to new location
4131	4131	registration application for either a cultivation center, dispensary or testing
4132	4132	laboratory.
4133	4133
4134	4134	Qualifying patient
4135	4135	- a resident of the District who has a qualifying medical or
4136	4136	dental condition or is undergoing a qualifying medical or dental treatment,
4137	4137	or a patient enrolled in another jurisdiction's medical marijuana program; 93
4138	4138
4139	4139	provided, that a patient from another jurisdiction shall not be a qualifying
4140	4140	patient if the Board determines that there is a shortage of medical marijuana
4141	4141	or the real-time electronic records system referenced in the Act is inactive.
4142	4142
4143	4143	State-issued document
4144	4144	- a document issued by the State or U.S. territory agency
4145	4145	responsible for administering the medical marijuana program in that state or
4146	4146	U.S. territory which bears on its face the nonresident patient's name and
4147	4147	program identification number, and an official seal or imprint.
4148	4148
4149	4149	Testing Laboratory
4150	4150	- An entity that is not owned or operated by a director, officer,
4151	4151	member, incorporator, agent, or employee of a cultivation center or
4152	4152	dispensary, and is registered by the Board to test medical marijuana and
4153	4153	medical marijuana products that are to be sold.
4154	4154	Subsection 9900.1 is further amended by deleting the following term and definition:
4155	4155	Department
4156	4156	- means the Department of Health. 2
4157	4157
4158	4158	GOVERNMENT OF THE DISTRICT OF COLUMBIA
4159	4159	O
4160	4160	FFICE OF THE ATTORNEY GENERAL
4161	4161
4162	4162
4163	4163	BRIAN L. SCHWALB PRIVILEGED AND CONFIDENTIAL ATTORNEY GENERAL ATTORNEY-CLIENT COMMUNICATION
4164	4164
4165	4165
4166	4166
4167	4167	LEGAL COUNSEL DIVISION
4168	4168
4169	4169
4170	4170	MEMORANDUM
4171	4171
4172	4172
4173	4173	TO: Tommy Wells
4174	4174
4175	4175	Director
4176	4176	Office of Policy and Legislative Affairs
4177	4177
4178	4178
4179	4179	FROM: Megan D. Browder
4180	4180	Deputy Attorney General
4181	4181	Legal Counsel Division
4182	4182
4183	4183	DATE: April 13, 2023
4184	4184
4185	4185	SUBJECT: Legal Sufficiency Review – Draft “ Medical Cannabis Regulations Approval
4186	4186	Resolution of 2023”
4187	4187
4188	4188	(AE-21-199 J)
4189	4189	_____________________________________________________________________________________
4190	4190
4191	4191	This is to Certify that this Office has reviewed the above- referenced draft
4192	4192	legislation and found it to be legally sufficient. If you have any questions in this regard, please do
4193	4193	not hesitate to call me at (202) 724-5524.
4194	4194
4195	4195
4196	4196
4197	4197
4198	4198	_________________________________
4199	4199	Megan D. Browder
4200	4200
4201	4201
4202	4202	Government of the District of Columbia
4203	4203	Office of the Chief Financial Officer
4204	4204
4205	4205	Glen Lee
4206	4206	Chief Financial Officer
4207	4207
4208	4208
4209	4209
4210	4210
4211	4211
4212	4212	1350 Pennsylvania Avenue, NW, Suite 203, Washington, DC 20004 (202)727-2476
4213	4213	www.cfo.dc.gov
4214	4214	MEMORANDUM
4215	4215
4216	4216	TO: The Honorable Phil Mendelson
4217	4217	Chairman, Council of the District of Columbia
4218	4218
4219	4219	FROM: Glen Lee
4220	4220	Chief Financial Officer
4221	4221
4222	4222	DATE: May 4, 2023
4223	4223
4224	4224	SUBJECT: Fiscal Impact Statement – Medical Cannabis Regulations Approval
4225	4225	Resolution of 2023
4226	4226
4227	4227	REFERENCE: Draft Resolution as provided to the Office of Revenue Analysis on April
4228	4228	3, 2023
4229	4229
4230	4230
4231	4231	Conclusion
4232	4232
4233	4233	Funds are sufficient in fiscal year 2023 budget and proposed fiscal year 2024 through fiscal year 2027
4234	4234	budget and financial plan to implement the proposed resolution.
4235	4235
4236	4236	Background
4237	4237
4238	4238	Since 2010, the District of Colombia has had a medical marijuana program for qualifying patients,
4239	4239	caregivers, and authorizing prescribers
4240	4240	1. In 2020, responsibility for administering the District’s
4241	4241	medical marijuana program was transferred from the Department of Health to the Alcohol Beverage
4242	4242	and Cannabis Administration (ABCA) and the Alcoholic Beverage and Cannabis Control Board (the
4243	4243	Board)
4244	4244	2.
4245	4245
4246	4246	Since 2020, the Board has issued Notices of Emergency and Proposed Rulemaking (NOEPR)
4247	4247	governing operation of the program to ensure that patients could continue to receive medical
4248	4248	marijuana without interruption during the transition of the medical marijuana program from the
4249	4249	Department of Health to ABCA, and to ensure timely access through the pandemic. The District also
4250	4250
4251	4251	1
4252	4252	As provided by Section 14 of the Legalization of Marijuana for Medical Treatment Initiative of 1999, effective
4253	4253	July 27, 2010 (D.C. Law 18 210; D.C. Official Code § 7 1671.13 (2018 Repl.)).
4254	4254	2
4255	4255	Medical Marijuana Program Administration Amendment Act of 2020, effective December 3, 2020 (D.C. Law
4256	4256	23-149; D.C. Official Code 25-204.02). The Honorable Phil Mendelson
4257	4257	FIS: Medical Cannabis Regulations Approval Resolution of 2023 as provided to the Office of Revenue Analysis
4258	4258	on April 3, 2023
4259	4259
4260	4260	Page 2 of 3
4261	4261
4262	4262	enacted the Medical Cannabis Amendment Act of 2022 (Act)
4263	4263	3. The Board has now determined that
4264	4264	additional substantive revision is needed for ABCA to execute the medical marijuana program going
4265	4265	forward, including to update for the Act. The rulemaking would largely make permanent regulations
4266	4266	currently in effect under emergency rulemaking. If the resolution is adopted by Council, the agency
4267	4267	would proceed to final rulemaking.
4268	4268
4269	4269	The rulemaking proposes to make permanent the requirements for applying for and receiving a
4270	4270	registration identification card for the medical marijuana program (for patients and authorized
4271	4271	caregivers); outline the use and limitations on medical marijuana (including adding a new
4272	4272	requirement restricting operation of scooters, bicycles, and e-bicycles); provides requirements for
4273	4273	disposal; and outline actions which would result in suspension or revocation of the card. The
4274	4274	rulemaking also makes permanent a policy to allow individuals to obtain medical marijuana at
4275	4275	District dispensaries if they have a card indicating active certification in another state’s medical
4276	4276	marijuana program.
4277	4277
4278	4278	The rulemaking establishes requirements for qualifying cultivation centers, dispensaries, and testing
4279	4279	laboratories. The rulemaking permits up to 8 dispensaries, 14 cultivation centers and 2 testing
4280	4280	laboratories to operate in the District. These license limits are unchanged from the prior regulation
4281	4281	in effect.
4282	4282
4283	4283	The rulemaking sets out the requirements for licensing of cultivation centers, dispensaries, and
4284	4284	testing laboratories. Applicants for a medical marijuana business license cannot have had a felony
4285	4285	conviction within the last three years for a crime of violence, a gun offense, tax evasion, fraud, or
4286	4286	credit card fraud. This requirement is a change from the rulemaking previously in effect, which
4287	4287	prohibited applicants from qualifying if they had any felony conviction since 2014 (except for a
4288	4288	conviction for possession). The rulemaking establishes the process that the Board will use to receive,
4289	4289	review, and grade applications for licenses and how licenses will be awarded.
4290	4290
4291	4291	The rulemaking establishes requirements for the operation of dispensaries, including restrictions on
4292	4292	hours of operations, the process for purchases and deliveries, requirements for staff qualifications
4293	4293	and criteria, and training requirements. The rulemaking also establishes a new inventory control
4294	4294	plan requirement for cultivation centers, dispensaries, and testing laboratories. The rulemaking
4295	4295	increases the amount of marijuana a dispensary can provide to a patient from 4 ounces to 8 ounces
4296	4296	per rolling 30-day period.
4297	4297
4298	4298	A new section places constraints on the type, decoration, and display of consumable forms of
4299	4299	marijuana (such as infused or edible products). Consumable products cannot be prepared or
4300	4300	displayed in ways that are designed to be attractive to children, such as bright colors, animal shapes
4301	4301	or flavors. The rulemaking also limits the amount of THC that can be included in a consumable or
4302	4302	infused item available for purchase.
4303	4303
4304	4304	Financial Plan Impact
4305	4305
4306	4306	The resolution will approve rulemaking which makes final many provisions already in place via
4307	4307	temporary regulation. New policies included in the proposed rulemaking include changes in the total
4308	4308	allowable amount of marijuana purchased per 30-day period for an eligible patient; a requirement
4309	4309	for an inventory control plan at dispensaries; limits on the marketing and sale of consumable
4310	4310
4311	4311	3
4312	4312	Law 24-332, effective March 22, 2023 The Honorable Phil Mendelson
4313	4313	FIS: Medical Cannabis Regulations Approval Resolution of 2023 as provided to the Office of Revenue Analysis
4314	4314	on April 3, 2023
4315	4315
4316	4316	Page 3 of 3
4317	4317
4318	4318	products that are designed to appeal to children; and changes to the licensing requirements for
4319	4319	dispensaries, cultivation centers and testing laboratories. These additional requirements can be
4320	4320	absorbed within ABCA’s current budget and financial plan.
4321	4321