DC LAW: Regulations for Patients, Caregivers, and Physicians

The following are the regulations regarding all aspects of patients enrollment into the District of Columbia Medical Marijuana Program.

Entire Regulations : Notice of Final Rulemaking: District of Columbia Municipal Regulations Title 22-C ” Medical Marijuana”

DCMR: Title 22 – SUBTITLE C “MEDICAL MARIJUANA”
100 APPLICABILITY AND SANCTIONS
200 GENERAL PROVISIONS
300 USE BY QUALIFYING PATIENT, TRANSPORTATION BY CAREGIVER, AND LIMITATIONS ON MEDICAL MARIJUANA
400 DISPOSAL OF MEDICAL MARIJUANA BY QUALIFYING PATIENTS AND CAREGIVERS
500 QUALIFICATION FOR PATIENT REGISTRATION
501 RESIDENCY
502 QUALIFYING PATIENTS APPLICATION
600 LIMITATIONS ON CAREGIVERS
601 CAREGIVER QUALIFICATIONS
602 CAREGIVER APPLICATION
603 MARIJUANA OBTAINED FROM DESIGNATED DISPENSARY
700 ISSUANCE OF REGISTRATION CARDS
701 CONTENTS OF REGISTRATION CARDS
702 RENEWAL OF REGISTRATION CARDS
800 QUALIFICATIONS TO BE RECOMMENDING PHYSICIAN
801 FORM OF RECOMMENDATION
802 RECORDS MAINTAINED BY PHYSICIAN AND DEPARTMENT
803 NO OFFICE AT DISPENSARY OR CULTIVATION CENTER
804 NOTIFICATION OF END OF QUALIFYING MEDICAL CONDITION OR TREATMENT
805 TRAINING PROGRAM FOR RECOMMENDING PHYSICIANS
900 DENIAL OF APPLICATIONS FOR PATIENT AND CAREGIVER REGISTRATIONS
1000 COMPLAINTS AGAINST PATIENTS, CAREGIVERS OR RECOMMENDING PHYSICIANS
1001 NOTICE OF POTENTIAL JEOPARDY
1002 REVOCATION, SUSPENSION, OR FINES- GENERAL PROVISIONS
1003 NOTICE OF CONTEMPLATED ACTION AND HEARING 1004 NOTICE OF SUMMARY SUSPENSION ACTION AND HEARING
1100 MEDICAL MARIJUANA PROGRAM RECORDS
1200 ANNOUNCED AND UNANNOUNCED INVESTIGATIONS AND INSPECTIONS
1300 REGISTRATION, RENEWAL, AND REPLACEMENT FEES

SUBTITLE C MEDICAL MARIJUANA

CHAPTER 1 DEPARTMENT OF HEALTH GENERAL PROVISIONS

100 APPLICABILITY AND SANCTIONS

100.1 This chapter shall apply to applicants for and holders of a qualifying patient or caregiver registration to possess, use, administer, or dispense medical marijuana in the District of Columbia, and to recommending physicians who provide written recommendations for the use of medical marijuana under the Act.

100.2 No person shall possess, use, administer, or dispense marijuana in any form for the purpose of a medical use unless the person is registered with the District of Columbia government under the Act.

100.3 Any person who possesses or uses marijuana or its paraphernalia in a manner not authorized by the Act or without a medical marijuana registration card shall be subject to criminal prosecution and sanctions.

100.4 Any person who makes a fraudulent representation to a law enforcement official of any fact or circumstance relating to the person’s use or possession of medical marijuana or use of paraphernalia to avoid arrest or prosecution shall be subject to a criminal fine not to exceed one thousand dollars ($1,000.00); which shall be in addition to any other penalties that may apply.

100.5 The Department of Health (Department) may impose sanctions and civil fines under the Civil Infractions Act for any infraction under this subtitle, not to exceed two thousand ($2,000.00) per first offense violation.

100.6 The Director may, at his discretion, obtain assistance to discharge his responsibilities under this title through entering into Memoranda of Understanding with other DC government agencies or by contracting with non-government entities.

CHAPTER 2 CONDITIONS OF REGISTRATION

200 GENERAL PROVISIONS

200.1 A registration identification card shall not be transferable.

200.2 A registration identification card issued under this chapter is the property of the District of Columbia and shall be surrendered upon demand of the Director.

200.3 As part of the registration process, applicants shall sign a written statement certifying that the applicant assumes any and all risk or liability that may result under District of Columbia and federal laws from the possession, use, administration, or dispensing of medical marijuana. The applicant shall further acknowledge that he or she understands that the medical marijuana laws and enforcement thereof of the District of Columbia and the Federal government are subject to change at any time.

200.4 The applications for a patient or caregiver registration shall specifically recite verbatim, each of the following notices:

(a) Limitation of Liability – The District of Columbia shall not be liable to the registrant, its employees, agents, business invitees, licensees, customers, clients, family members or guests for any damage, injury, accident, loss, compensation or claim, based on, arising out of or resulting from registrant’s participation in the District of Columbia’s medical marijuana program, including but not limited to the following: arrest and seizure of persons and/or property, prosecution pursuant to federal laws by federal prosecutors, interruption in registrant’s ability to operate its medical marijuana cultivation center and/or dispensary; any fire, robbery, theft, mysterious disappearance or any other casualty; the actions of any other registrants or persons within the cultivation center and/or dispensary. This Limitation of Liability provision shall survive expiration or the earlier termination of this registration if such registration is granted; and

(b) Federal Prosecution – The United States Congress has determined that marijuana is a controlled substance and has placed marijuana in Schedule I of the Controlled Substance Act. Growing, distributing, and possessing marijuana in any capacity, other than as a part of a federally authorized research program, is a violation of federal laws. The District of Columbia’s law authorizing the District’s medical marijuana program will not excuse any registrant from any violation of the federal laws governing marijuana or authorize any registrant to violate federal laws.

200.5 As part of the registration process, every applicant for either a patient or caregiver registration shall sign a written statement attesting to the following:

(a) The applicant acknowledges receipt and advisement of the notices

set forth in § 200.4;

(b) The applicant agrees to and accepts the limitation of liability against the

District, as set forth in § 200.4;

District of Columbia or federal laws arising from the possession, use,

cultivation, administration, or dispensing of medical marijuana;

(d) The applicant understands that the medical marijuana laws and

enforcement thereof of the District of Columbia and the Federal

government are subject to change at any time; and

(e) The applicant chooses to sign this attestation willingly and without

reservation and is fully aware of its meaning and effect.

200.6 Execution of the attestation set forth in § 200.5 shall be a required element of each application for a patient or caregiver registration.

200.7 As part of the registration process, a qualifying patient shall designate the dispensary from which he or she will receive medical marijuana, and this designation shall appear on the qualifying patient’s registration card and, if applicable, the caregiver’s registration card.

200.8 A qualifying patient may change his or her designated dispensary by providing fourteen (14) calendar days written notice to the Department on a patient change of information form provided by the Department as set forth in § 200.7 of this chapter.

200.9 Within fourteen (14) calendar days of any change in the qualifying patient’s name, address, caregiver, recommending physician, or designated dispensary, a qualifying patient who has been issued a registration identification card shall:

(a) Submit a completed patient change of information form to the Department, and include as applicable:

(1) Designation of a new dispensary;

(2) Designation of a new caregiver; or

(3) A recommendation form from the new recommending physician;

(b) Surrender his or her current registration identification card to the Department;

(d) Pay the required fee to receive a new registration identification card; and

(e) Be issued a new registration card that reflects the change.

200.10 Within fourteen (14) calendar days of receiving notice of a qualifying patient’s change of name, address, recommending physician, or designated dispensary, the patient’s registered caregiver shall:

(a) Submit a written request for a new registration identification card to the Department on a form provided by the Department;

(b) Surrender his or her registration identification card;

(d) Be issued a new registration identification card that reflects the change.

200.11 Within fourteen (14) calendar days of the recommending physician declaring that a qualifying patient no longer suffers from a qualifying medical condition or treatment, the qualifying patient shall:

(a) Surrender his or her registration card to the Department;

(b) Notify his or her registered caregiver of the change; and

200.12 Within fourteen (14) calendar days of receiving notice that a qualifying patient has changed his or her caregiver, or that the patient no longer suffers from a qualifying medical condition or treatment, the Department shall send written notice via U.S. Postal Service certified mail to the caregiver’s address on file with the Department. The caregiver’s protections under the Act shall expire ten (10) days after delivery of the notice or the caregiver’s failure to claim the notice.

200.13 Within fourteen (14) calendar days after receiving notice that a qualifying patient has designated a different individual to serve as his caregiver or that qualifying patient no longer suffers from a qualifying medical condition or treatment, the caregiver shall:

(a) Surrender his or her registration card to the Department; and

(b) Return any unused medical marijuana to the District of Columbia Metropolitan Police Department.

200.14 In the event that a qualifying patient or a caregiver experiences the theft, loss, or destruction of his or her registration card, he or she shall:

(a) Within twenty-four (24) hours after discovery, provide verbal notification to the Director or his or her designee;

(b) Submit the required written notification reporting forms to the Department within seventy-two (72) hours after the initial discovery;

(d) Be issued a new registration identification card.

200.15 Within fourteen (14) calendar days after any change in a caregiver’s name or address, he or she shall:

(a) Notify the Department in writing of the change; and

(b) Pay the required fee, and be issued a new registration identification card, if applicable.

CHAPTER 3 USE OF MEDICAL MARIJUANA

300 USE BY QUALIFYING PATIENT, TRANSPORTATION BY CAREGIVER, AND LIMITATIONS ON MEDICAL MARIJUANA

300.1 A qualifying patient shall only possess and administer medical marijuana, or use paraphernalia, for treatment of a qualifying medical condition or the side effects of a qualifying medical treatment after:

(a) Obtaining a signed, written recommendation from a physician in accordance with this chapter; and

(b) Registering with the Department.

300.2 A qualifying patient or caregiver shall only possess, administer, or dispense medical marijuana, or possess or use paraphernalia, obtained from the registered dispensary designated on his or her registration identification card.

300.3 A qualifying patient or caregiver shall only transport medical marijuana in a

container or sealed package bearing the label received from the dispensary.

300.4 A qualifying patient or caregiver shall not administer or use medical marijuana at a dispensary or cultivation center.

300.5 Medical marijuana shall not be administered by or to a qualifying patient

anywhere other than:

(a) The qualifying patient’s residence, if permitted; or

(b) At a medical treatment facility when receiving medical care for a qualifying medical condition, if permitted by the medical facility.

300.6 Notwithstanding § 300.5, a qualifying patient shall not use medical marijuana at a time or in a location within his or her residence when such use would result, or is likely to result, in exposure to the medical marijuana or the medical marijuana smoke that may adversely affect the health, safety, or welfare of a minor.

300.7 For purposes of determining whether a dwelling or dwelling unit is the qualifying patient’s residence as defined by the Act, when at issue, the Department may consider documentation and information of the same nature and type as is required to prove District residency under this subtitle.

300.8 A qualifying patient who is a minor shall only possess and administer medical marijuana if the parent or legal guardian of the minor has signed a written statement affirming that the parent or legal guardian:

(a) Understands the qualifying medical condition or qualifying medical treatment of the minor;

(b) Understands the potential benefits and potential adverse effects of the use of medical marijuana in general, and specifically, in the case of the minor;

(c) Consents to the use of medical marijuana for the treatment of the minor’s qualifying medical condition or treatment of the side effects of the minor’s qualifying medical treatment; and

(d) Consents to, or designates another adult to, serve as the caregiver for the qualifying patient and the caregiver controls the acquisition, possession, dosage, and frequency of use of medical marijuana by the qualifying patient.

300.9 The maximum amount of medical marijuana any qualifying patient or caregiver may possess at any time is:

(a) Two (2) ounces of dried medical marijuana; or

(b) The equivalent of two (2) ounces of dried medical marijuana when sold in any other form.

300.10 Nothing in the Act or this subtitle shall be construed as permitting a qualifying patient to:

(a) Undertake any task under the influence of medical marijuana when doing so would constitute negligence or professional malpractice; or

(b) Operate, navigate, or be in actual physical control of any motor vehicle, aircraft, or motorboat while under the influence of medical marijuana.

300.11 A qualifying patient or caregiver shall not engage in abusive, intimidating,

threatening, or disruptive conduct while on the premises of a dispensary.

300.12 A dispensary shall have the right to refuse service to a qualifying patient or caregiver who:

(a) Engages in abusive, intimidating, threatening, or disruptive conduct while on the premises of a dispensary;

(b) Presents a registration identification card that appears to have been tampered with or altered; or

300.13 After refusing to provide service to a patient or caregiver pursuant to § 300.12, the dispensary shall notify the Department in writing within twenty-four (24) hours or one (1) business day of refusing service, and provide full information and details as to the basis for the refusal.

CHAPTER 4 DISPOSAL OF MEDICAL MARIJUANA

400 DISPOSAL OF MEDICAL MARIJUANA BY QUALIFYING PATIENTS AND CAREGIVERS

400.1 A qualifying patient or caregiver who is no longer registered with the program or eligible for registration with the program shall within fourteen (14) calendar days after he or she ceases to be registered or eligible for registration with the Department return any unused medical marijuana in his or her possession to the District of Columbia Metropolitan Police Department.

400.2 A qualifying patient or caregiver whose registration has been summarily suspended or revoked by the Department shall within twenty-four (24) hours after receiving notice of the suspension or revocation return any unused medical marijuana in his or her possession to the District of Columbia Metropolitan Police Department.

400.3 A qualifying patient or caregiver who is no longer registered with the Department shall not transfer, share, give, or deliver any unused medical marijuana in his or her possession to another qualifying patient or caregiver for medical use or destruction whether or not the person is registered with the District’s Medical Marijuana Program.

400.4 A qualifying patient or caregiver shall not dispose of medical marijuana in any manner other than permitted under this chapter.

CHAPTER 5 QUALIFYING PATIENTS

500 QUALIFICATION FOR PATIENT REGISTRATION

500.1 To qualify for a patient registration identification card, an applicant shall:

(a) Be a bona fide resident of the District of Columbia at the time of application and remain a bona fide resident during treatment with medical marijuana;

(b) Have a qualifying medical condition or be undergoing a qualifying medical treatment;

marijuana meeting the requirements of this chapter; and

(d) If the qualifying patient is a minor, the signed written consent of his or her parent or legal guardian.

501 RESIDENCY

501.1 For purposes of this subtitle, a patient shall be a resident of the District of

Columbia if the individual:

(a) Is physically present in the District of Columbia;

(b) Has taken verifiable actions to make the District his or her home indefinitely with no present intent to reside elsewhere; and

501.2 In proving bona fide District residency, an applicant shall submit at least two (2) of the following items:

(a) Proof of payment of District of Columbia personal income tax, in the name of the applicant, for the tax period closest in time to the application date;

(b) A property deed for a District of Columbia residence showing the applicant as an owner or co-owner;

(c) A valid unexpired lease or rental agreement in the name of the applicant on a District of Columbia residential property;

(d) A pay stub issued less than forty-five (45) days prior to the application date which shows evidence of the applicant’s withholding of District income tax;

(e) A voter registration card with an address in the District of Columbia;

(f) Current official documentation of financial assistance received by the applicant from the District Government including, but not limited to Temporary Assistance for Needy Families (TANF), Medicaid, the State Child Health Insurance Program (SCHIP), Supplemental Security Income (SSI), housing assistance, or other governmental programs;

(g) A current motor vehicle registration in the name of the applicant evidencing District residency;

(h) A valid unexpired District motor vehicle operator’s permit or other official non-driver identification in the name of the applicant;

(i) Utility bills (excluding telephone bills) from a period within the two (2) months immediately preceding the application date in the name of the applicant on a District of Columbia residential address; or

(j) Any other reasonable form of verification deemed by the Director or the

Director’s agent to demonstrate proof of current residency.

502 QUALIFYING PATIENTS APPLICATION

502.1 To apply for a patient registration identification card, an applicant shall submit a completed application to the Department on the required forms, which shall include:

(a) The applicant’s social security number, or if the applicant does not have a social security number, the applicant shall:

(1) Submit with the application a sworn affidavit, under penalty of perjury, stating that he or she does not have a social security number; and

(2) Provide the Department with his or her social security information once a social security number has been obtained;

(b) Two (2) recent passport-type photographs of the applicant’s face measuring two inches by two inches (2 in. x 2 in.), which clearly expose the area from the top of the forehead to the bottom of the chin;

(c) One (1) clear photocopy of a U.S., state, or District government-issued photo ID, such as a driver’s license, as proof of identity;

(d) Proof of District residency, including his or her District of Columbia

residential address which shall not be a post office box number;

(e) A signed and dated written physician’s recommendation for the use of medical marijuana meeting the requirements of this chapter, that is dated not more than ninety (90) days prior to the application date;

(f) Designation of the dispensary where the qualifying patient will receive his or her medical marijuana;

(g) Designation of the individual who will serve as his or her caregiver, if applicable; and

(h) Payment of the required application fee.

502.2 To apply for a registration identification card for a minor, the parent or legal guardian of the minor shall submit a completed application to the Department on the required forms, which shall include:

(a) The minor and parent or legal guardian’s social security numbers, or if the applicant does not have a social security number, the applicant shall:

(1) Submit with the application a sworn affidavit, under penalty of perjury, stating that he or she does not have a social security number; and

(2) Provide the Department with his or her social security information once a social security number has been obtained;

(b) Two (2) recent passport-type photographs of the minor’s face measuring two inches by two inches (2 in. x 2 in.), which clearly expose the area from the top of the forehead to the bottom of the chin;

(c) One (1) clear photocopy of U.S., state, or District government-issued photo ID issued to the parent or legal guardian, such as a driver’s license, as proof of identity;

(d) Proof of the minor and parent or legal guardian’s District residency, including his or her District of Columbia residential address which shall not be a post office box number;

(f) Designation of the individual who will serve as the minor’s caregiver;

(g) Designation of the dispensary where the qualifying patient will receive his or her medical marijuana;

(h) The signed, written statement of the minor’s parent or legal guardian affirming that he or she:

(1) Understands the qualifying medical condition or qualifying medical treatment of the minor;

(2) Understands the potential benefits and potential adverse effects of the use of medical marijuana, in general, and specifically, in the case of the minor;

(3) Consents to the use of medical marijuana for the treatment of the minor’s qualifying medical condition or treatment of the side effects of the minor’s qualifying medical treatment; and

(4) Consents to, or has designated another adult to, serve as the caregiver for the qualifying patient and that the caregiver will control the acquisition, possession, dosage, and frequency of use of medical marijuana by the qualifying patient; and

(i) Payment of the required application fee.

502.3 The minor’s designated caregiver shall also register with the Department and obtain a caregiver registration identification card.

CHAPTER 6 CAREGIVERS

600 LIMITATIONS ON CAREGIVERS

600.1 A caregiver shall only possess and dispense medical marijuana to a qualifying patient, and possess and use paraphernalia, for the sole purpose of assisting in the administration of medical marijuana to a qualifying patient in accordance with the Act and this subtitle.

601 CAREGIVER QUALIFICATIONS

601.1 To qualify for a caregiver registration identification card, an applicant shall:

(a) Be designated by a qualifying patient to serve as the person authorized, on the qualifying patient’s behalf, to possess, obtain from a dispensary, dispense, and assist in the administration of medical marijuana;

(b) Be registered with the Department as the qualifying patient’s caregiver;

(d) Be at least eighteen (18) years of age; and

(e) Have never been convicted of possession or sale of a controlled substance, unless such conviction occurred after the effective date of the Act and was related to the possession of marijuana that is authorized under the Act.

602 CAREGIVER APPLICATION

602.1 To apply for a caregiver registration identification card, an applicant shall submit a completed application to the Department on the required forms, which shall include:

(a) The applicant’s social security number, or if the applicant does not have a social security number, the applicant shall:

(1) Submit with the application a sworn affidavit, under penalty of perjury, stating that he or she does not have a social security number; and

(2) Provide the Department with his or her social security information once a social security number has been obtained;

(c) One (1) clear photocopy of a U.S., state or District government-issued photo ID, such as a driver’s license, as proof of identity;

(d) His or her residential address, which shall not be a post office box number;

(e) Authorization of the Department to conduct a criminal background check, which shall include consent to be fingerprinted in accordance with applicable District and federal laws and regulations; and

(f) Payment of the required application fee.

602.2 All fees associated with the criminal background check shall be paid by the

caregiver.

603 MARIJUANA OBTAINED FROM DESIGNATED DISPENSARY

603.1 A caregiver shall only obtain medical marijuana for the qualifying patient from the dispensary designated on his or her registration identification card and shall not:

(a) Grow or cultivate medical marijuana for the qualifying patient;

(b) Purchase medical marijuana through street vendors; or

603.2 If the qualifying patient changes his or her designated dispensary, or makes a change to the information set forth on his or her registration card, both the qualifying patient and the caregiver must surrender their registration identification cards to the Department and obtain new registration identification cards reflecting the change.

CHAPTER 7 REGISTRATION CARDS

700 ISSUANCE OF REGISTRATION CARDS

700.1 Upon receipt and approval of a valid and complete application, the Department shall issue a registration identification card to a qualifying patient or caregiver in accordance with the Act and this subtitle.

700.2 Subject to § 600.3, a registration identification card issued pursuant to this

chapter shall expire one (1) year after the date of issuance, and may be renewed in accordance with the renewal provisions under this chapter.

700.3 Unless timely renewed in accordance with the renewal provisions under this chapter, upon expiration of a registration, a qualifying patient or caregiver shall immediately cease from the use or possession of medical marijuana until he or she is issued a new registration identification card from the Department.

701 CONTENTS OF REGISTRATION CARDS

701.1 A qualifying patient registration identification card shall contain:

(a) The date of issuance and expiration date;

(b) The qualifying patient’s full, legal name, and the full, legal name of the patient’s caregiver, if applicable;

(d) The photograph of the qualifying patient;

(e) The name and address of the patient’s designated dispensary;

(f) The District of Columbia medical license number of the recommending physician; and

(g) A Department internal authentication identifier.

701.2 A caregiver registration identification card shall contain:

(a) The date of issuance and expiration date;

(b) The caregiver’s full, legal name, and the qualifying patient’s full, legal name;

(d) The photograph of the caregiver;

(e) The name and address of the patient’s designated dispensary;

(f) The District of Columbia medical license number of the recommending physician; and

(g) A Department internal authentication identifier.

702 RENEWAL OF REGISTRATION CARDS

702.1 Not later than sixty (60) days prior to the expiration of a registration identification card, the qualifying patient or caregiver may apply for renewal of his or her registration identification card as follows:

(a) Submit a completed renewal application to the Department on the required forms and include:

(1) One (1) clear photocopy of a U.S., state or District government-issued photo ID, such as a driver’s license, as proof of identity;

(2) Proof of District residency by meeting the requirements set forth in § 501.2, if applicable; and

(3) A signed and dated written physician’s recommendation for the use of medical marijuana meeting the requirements of this chapter, that is dated not more than ninety (90) days prior to the application date;

(b) Designate the dispensary where the qualifying patient will receive his or her medical marijuana; and

702.2 To renew a registration identification card for a minor, the parent or legal guardian of the minor shall submit a completed application to the Department on the required forms, which shall include:

(a) One (1) clear photocopy of U.S., state or District government-issued photo ID issued to the parent or legal guardian, such as a driver’s license, as proof of identity;

(b) Proof of the minor and parent or legal guardian’s District residency by meeting the requirements set forth in § 104.3;

(c) A signed and dated written physician’s recommendation for the use of medical marijuana meeting the requirements of this chapter, that is dated not more than ninety (90) days prior to the application date;

(d) Designation of the individual who will serve as the minor’s caregiver;

(e) Designation of the dispensary where the qualifying patient will receive his or her medical marijuana;

(f) The signed, written statement of the minor’s parent or legal guardian

affirming that he or she:

(1) Understands the qualifying medical condition or qualifying medical treatment of the minor;

(2) Understands the potential benefits and potential adverse effects of the use of medical marijuana, in general, and specifically, in the case of the minor;

(3) Consents to the use of medical marijuana for the treatment of the minor’s qualifying medical condition or treatment of the side effects of the minor’s qualifying medical treatment; and

(g) Payment for the required application fee;

702.4 The minor’s designated caregiver shall also renew his or her registration with the Department and obtain a new caregiver registration identification card.

CHAPTER 8 RECOMMENDING PHYSICIANS

800 QUALIFICATIONS TO BE RECOMMENDING PHYSICIAN

800.1 A physician who is licensed in good standing to practice medicine or osteopathy in the District of Columbia may recommend the use of medical marijuana to a qualifying patient if the physician:

(a) Is in a bona fide physician-patient relationship with the qualifying patient;

(b) Has completed a full assessment of the patient’s medical history and current medical condition, including a personal physical examination, not more than ninety (90) days prior to making the recommendation;

(c) Has responsibility for the ongoing care and treatment of the patient, provided that such ongoing treatment shall not be limited to or for the primary purpose of the provision of medical marijuana use or consultation solely for that purpose;

(d) Makes the recommendation based upon the physician’s assessment of the qualifying patient’s:

(1) Medical history;

(2) Current medical condition; and

(3) A review of other approved medications and treatments that might provide the qualifying patient with relief from a qualifying medical condition or the side effects of a qualifying medical treatment; and

(e) Is not the owner, director, officer, member, incorporator, agent, or employee of a dispensary or cultivation center.

801 FORM OF RECOMMENDATION

801.1 A physician’s recommendation that a qualifying patient may use medical

marijuana shall be written on a form provided by the Department and include the

following:

(a) The name, address, telephone number, and specialty or primary area of clinical practice of the physician;

(b) The physician’s District of Columbia medical license number;

(d) The patient’s qualifying medical condition or qualifying medical treatment;

(e) A statement certifying that the patient has a qualifying medical condition or suffers from the side effects of a qualifying medical treatment, and that in the physician’s professional opinion the potential benefits of the medical use of marijuana would likely outweigh the health risks for this patient;

(f) The length of time that the qualifying patient has been under the care of the physician;

(g) A statement that the physician has explained the potential risks and benefits of the use of marijuana to the qualifying patient and the qualifying patient’s parent or legal guardian, if applicable;

(h) The physician’s signature and date; and

(i) The qualifying patient’s signed consent for the release of medical information related to the patient’s qualifying medical condition or treatment.

802 RECORDS MAINTAINED BY PHYSICIAN AND DEPARTMENT

802.1 A physician recommending the use of medical marijuana to a qualifying

patient shall maintain a record for each qualifying patient which shall:

(a) Accurately reflect the evaluation and treatment of the patient and include the following as applicable:

(1) Patient’s name and the date(s) of treatment;

(2) Patient’s medical history and updated health history;

(3) Documented results of a full assessment of the patient’s medical history and current medical condition;

(4) Documented results of the physician’s physical examination of the patient;

(5) Treatment plan;

(6) Informed consent document(s);

(7) Diagnosis and treatment rendered;

(8) List of drugs prescribed, administered, dispensed and the quantity;

(9) Radiographs;

(10) Patient financial/billing records;

(11) Name of the physician or assistive personnel providing service(s);

(12) Laboratory work orders; and

(b) Be kept for three (3) years after last seeing the patient or three (3) years after a minor patient reaches eighteen (18) years of age.

802.2 The Department shall maintain a confidential record, which shall not be subject to requests under the Freedom of Information Act, of each recommending physician for the purpose monitoring compliance with the Act.

803 NO OFFICE AT DISPENSARY OR CULTIVATION CENTER

803.1 A physician recommending the use of medical marijuana to a qualifying patient shall not have a professional office located at or adjacent to a dispensary or cultivation center or receive financial compensation from a dispensary or cultivation center.

804 NOTIFICATION OF END OF QUALIFYING MEDICAL CONDITION OR TREATMENT

804.1 A physician shall notify the Department in writing within fourteen (14) calendar days after advising a qualifying patient that he or she no longer suffers from a qualifying medical condition or treatment.

805 TRAINING PROGRAM FOR RECOMMENDING PHYSICIANS

805.1 The Department shall make available an educational program for physicians on the medical indications, uses, and side effects of medical marijuana and the District’s medical marijuana program, and may charge a fee for the training program.

805.2 The program shall be made available to physicians licensed to practice medicine

or osteopathy in the District of Columbia who recommend or intend to

recommend the use of medical marijuana to qualifying patients.

805.3 If approved by the District of Columbia Board of Medicine, the program may

be used to satisfy continuing education requirements for the practice of

medicine for the number of credits approved by the board.

CHAPTER 9 DENIAL OF APPLICATIONS

900 DENIAL OF APPLICATIONS FOR PATIENT AND CAREGIVER REGISTRATIONS

900.1 The Department may deny an application or renewal application for a qualifying patient or caregiver registration identification card only if:

(a) The application is incomplete and the applicant fails to provide the missing information or documents within the time period allotted by the Department;

(b) The Department determines after further inquiry or investigation that the information provided was false, misleading, forged, or altered; or

900.2 Denial by the Department of an application or renewal application for a qualifying patient or caregiver registration identification card shall be deemed a final Department action.

900.3 An applicant or renewal applicant for a qualifying patient or caregiver registration identification card may request a hearing at the District of Columbia Office of Administrative Hearings (OAH) to review any decision of the Department denying an application or renewal application. The hearing request shall be filed with OAH within thirty (30) days after service of the notice of denial (receipt required for proof of delivery).

900.4 The decision rendered by the Office of Administrative Hearings shall be the Final

Order in this matter, and that either party may seek review of OAH’s decision by

the District of Columbia Court of Appeals in accordance with the District of

Columbia Administrative Procedures Act, D.C. Official Code §§ 2-501- 2-511

(2011 Repl.).

CHAPTER 10 ENFORCEMENT ACTIONS

1000 COMPLAINTS AGAINST PATIENTS, CAREGIVERS OR

RECOMMENDING PHYSICIANS

1000.1 The Department shall receive, at any time during the registration period,

complaints from any person alleging a violation or misconduct by a patient, caregiver, or recommending physician. Complaints shall be in writing and set forth enough information to allow the Department staff to investigate the matter, which shall include at a minimum:

(a) The facts or circumstances that form the basis of the

complaint, including the date(s), time(s), and location(s) of

the incident(s);

(b) Clear identification of the patient, caregiver, or recommending physician that is the subject of the complaint;

incident;

(d) Any supporting documentation or photos; and

(e) The contact information for the complainant.

1000.2 In addition to written complaints identifying the complainant, any person may make an anonymous complaint in writing to the Department or orally to any Department investigator. Anonymous complaints shall be investigated to the best of the Department’s ability, but may result in no action being taken if the anonymous complainant fails to provide the Department or the investigator with adequate information.

1000.3 Nothing in this chapter shall preclude the Department from initiating an investigation sua sponte if it finds that there exists a reasonable basis to believe that there is a violation of the regulations or the Act.

1000.4 Upon receiving a complaint, the Department may, in its discretion, request that the patient or caregiver complained of answer the complaint within ten (10) days of receipt of the complaint. The Department shall attach a copy of the complaint to the request or shall describe the acts alleged in the complaint. The patient or caregiver may respond either personally or through a legal representative.

1000.5 Complaints against recommending physicians shall be forwarded to the District of

Columbia Board of Medicine for disposition.

1000.6 If the Department receives a written response from a patient or caregiver, it may, in its discretion, send a copy of the response to the complainant and request a written reply within a time period determined by the Department.

1000.7 At any point during the course of the investigation or inquiry into the complaint,

the Department may determine that there is not and will not be sufficient evidence to warrant further proceedings. In such event, the Department shall dismiss the complaint.

1000.8 If the Department determines, after the investigation, that there is otherwise

reason to believe that the acts alleged occurred and constitute a violation of the

regulations or the Act, The Department may fine the registration holder pursuant

to the Civil Infractions Act, or initiate an action to suspend or revoke the

registration.

1000.9 All written complaints as set forth under §1001.1, which identify the complainant by name and address, shall be acknowledged in writing by the Department within thirty (30) days of receipt of the complaint. At the conclusion of the matter, the Department shall advise the complainant of the action that the Department has taken on the matter.

1000.10 The Department shall maintain records documenting complaints received and the action taken in response to the complaint.

1001 NOTICE OF POTENTIAL JEOPARDY

1001.1 Participation in the District’s medical marijuana program by a qualifying patient or caregiver does not relieve the qualifying patient or caregiver from:

(a) Criminal prosecution or civil penalties for activities not authorized by the Act or this chapter, including but not limited to:

(1) Possession of marijuana in any location other than:

(A) The qualifying patient’s registered dispensary;

(B) The qualifying patient’s residence, if permitted; or

care for a qualifying medical condition, if permitted by

the medical facility;

(2) Possession, distribution or transfer of marijuana or use of

marijuana:

(A) In a school bus;

(B) On school grounds or property;

employment;

(D) At a public park, recreation center, youth center or

other public place;

(E) To a person not approved by the Department

pursuant to this chapter;

(F) Outside the District of Columbia; or

(G) That exceeds the allotted amount of medical

marijuana authorized in § 300.9 of this subtitle;

(3) Transporting or attempting to transport marijuana:

(A) To or from any place other than directly between

the dispensary and the patient’s residence or a

medical facility where the patient is permitted to use

marijuana;

(B) In a container other than that prescribed by § 300.3

of this subtitle; or

(b) Liability for damages or criminal prosecution for acts committed or omitted while under the influence of marijuana; or

(c) For violation of any District of Columbia law or regulation that was not expressly repealed or limited by the provisions of the Act or this subtitle.

1002 REVOCATION, SUSPENSION, OR FINES- GENERAL PROVISIONS

1002.1 The Department may fine, suspend, or revoke the registration of any registration holder during the registration period if the registration holder violates any of the provisions of the Act or this subtitle, including but not limited to, purchasing medical marijuana from any source other than a licensed dispensary, selling or transferring medical marijuana to another person, or using medical marijuana in a location other than the patient’s residence or approved medical facility.

1002.2 The Department of Health (Department) may impose sanctions and civil fines under the Civil Infractions Act for any infraction under this subtitle, not to exceed two thousand ($2,000.00) per first offense violation.

1002.3 Except in the case of a summary suspension action, the Department shall not revoke or suspend a registration until the holder of the registration has been given an opportunity to be heard in his or her defense.

1002.4 If a registration is revoked or suspended, no part of the registration fee shall be returned.

1002.5 Prior to seeking action to revoke a registration for a patient, the Department may, at the discretion of the Director, require the patient to designate a Department-approved caregiver to ensure compliance with the terms and conditions imposed by the Department.

1002.6 If the Department revokes a registration for a patient, no registration shall be issued to the same person whose registration is so revoked for one (1) year following the revocation.

1002.7 If the Department revokes a registration for a caregiver, no registration shall be issued to the same person whose registration is so revoked for five (5) years following the revocation.

1003 NOTICE OF CONTEMPLATED ACTION AND HEARING

1003.1 Violation of any provision of the Act or this subtitle may result in a notice of intent to suspend or revoke the qualifying patient’s or caregiver’s registration identification card, and all lawful privileges under the Act.

1003.2 Except in the case of a summary suspension, the Director shall give a registrant written notice and an opportunity to have a hearing before the Office of Administrative hearings prior to taking any final action which would:

(a) Suspend registration; or

(b) Revoke registration.

1003.3 A notice of intent to suspend or revoke shall contain the following:

(a) A statement of the proposed action;

(b) A statement setting forth the reasons for the proposed action, including a specification of any specific violation complained of;

violated;

(d) A statement that the registrant may request a hearing before the Office of Administrative Hearings (OAH) to contest the proposed action by delivering, within thirty (30) days of service of the notice, a certified letter addressed to OAH containing a request for a hearing or hand delivery of same to OAH (receipt required for proof of delivery);

(e) A statement that the decision rendered by the Office of Administrative Hearings shall be the Final Order in this matter, and that either party may seek review of OAH’s decision by the District of Columbia Court of Appeals in accordance with the District of Columbia Administrative Procedures Act, D.C. Official Code §§ 2-501- 2-511 (2011 Repl.); and

(f) A statement that if the registrant does not request a hearing within thirty (30) days after service of the notice of the proposed action, the Director may take the proposed action without further notice, and the suspension or revocation shall be final without a hearing.

1003.4 A notice, order, decision, or pleading required by this chapter to be served upon a party shall be served upon the party or upon the representative designated by the party or by law to receive service of papers. If a party has appeared through counsel, service may be made upon the counsel of record.

1003.5 Service on a registrant shall be directed to the last known address of the registrant on file with the Director or the registrant’s resident agent or attorney, and shall be completed by one (1) of the following methods:

(a) Personal delivery;

(b) Leaving it at the party’s usual place of residence with a person of suitable

discretion sixteen (16) years of age or older residing there; or

1003.6 Proof of service, stating the name and address of the person on who service is made and the manner and date of service, may be shown by one (1) of the following methods:

(a) Written acknowledgement by the party or other person served in accordance with § 1003.5 or by the party’s counsel;

(b) The certificate of the serving party or that party’s counsel; or

1003.7 If service is by personal delivery, it shall be deemed to have been served at the time when delivery is made to the party or other person served in accordance with § 1003.5.

1003.8 If service is by certified mail, it shall be deemed to have been made on the date shown on the return receipt showing delivery of the notice to the party or refusal of the party to accept delivery.

1003.9 If the party is no longer at the last known address as shown by the records of the Director, and no forwarding address is available, service shall be deemed to have been made on the date the return receipt bearing that notification is received by the Director.

1003.10 A registrant that has received a notice of intent to take action to suspend or revoke, may request a hearing before the Office of Administrative Hearings (OAH) for the purpose of review of such action. The registrant shall file the request with OAH within thirty (30) calendar days after service of the notice of contemplated action (receipt required for proof of delivery).

1003.11 Unless otherwise authorized by the Director, any notice from or to the Director shall be made by personal delivery or sent by certified mail, return receipt requested.

1003.12 A request for a hearing under this chapter shall include the following:

(a) A statement of the facts relevant to the review of the action;

(b) A statement of the arguments that the respondent considers relevant to the review of the action; and

1003.13 If the registrant does not mail or submit a written request for a hearing within the time and in the manner specified in the notice, the Director may, without a hearing, take the action contemplated in the notice, and shall notify the registrant in writing of the final action taken.

1003.14 If a hearing is timely requested, the proceedings shall thereafter be conducted pursuant to the Office of Administrative Hearings Act, and all further correspondences and notices shall be communicated directly between the Office of Administrative Hearings and the registrant, including notice of the date, time and location of the hearing and the name of the hearing officer.

1003.15 Nothing in this subtitle shall be deemed to supersede the service, procedural

rules, or other proceedings of a matter that has been filed with and is pending

before the Office of Administrative Hearings.

1003.16 The decision rendered by the Office of Administrative Hearings shall be the Final

Order in this matter. Either party may seek review of OAH’s decision by

the District of Columbia Court of Appeals in accordance with the District of

Columbia Administrative Procedures Act, D.C. Official Code §§ 2-501- 2-511

(2011 Repl.).

1004 NOTICE OF SUMMARY SUSPENSION ACTION AND HEARING

1004.1 Violation of the Act or this subtitle may result in the summary suspension of a

qualifying patient or caregiver’s registration.

1004.2 If the Department determines, after investigation, that the conduct of a qualifying patient or caregiver presents an imminent danger to the health and safety of the public, the Department may summarily suspend, or restrict, without a hearing, the registration of the qualifying patient or caregiver.

1004.3 A notice of summary suspension shall contain the following:

(a) A statement that the qualifying patient or caregiver must return any

unused medical marijuana in his or her possession to the District of

Columbia Metropolitan Police Department within twenty-four (24) hours

of receiving the summary suspension notice;

(b) A statement that the qualifying patient or caregiver must surrender his or

her registration identification card to the Director within twenty-four (24)

hours of receiving the summary suspension notice;

specification of any specific violation complained of;

(d) Reference to any particular section of the Act or rules allegedly

violated;

(e) A statement that the registrant may request an immediate hearing before OAH for the purpose of determining whether the suspension shall continue. The registrant shall file the request with OAH within seventy-two (72) hours after service of the notice (receipt required for proof of delivery). The hearing shall be held within seventy-two (72) hours after receiving the request unless otherwise agreed by the parties to be held at a later date; and

(f) A statement that the decision rendered by the Office of Administrative Hearings shall be the Final Order in this matter, and that either party may seek review of OAH’s decision by the District of Columbia Court of Appeals in accordance with the District of Columbia Administrative Procedures Act, D.C. Official Code §§ 2-501- 2-511 (2011 Repl.).

1004.4 A notice, order, decision, or pleading required by this chapter to be served upon a party shall be served upon the party or upon the representative designated by the party or by law to receive service of papers. If a party has appeared through counsel, service may be made upon the counsel of record.

1004.5 Service on a registrant shall be directed to the last known address of the registrant on file with the Director or the registrant’s resident agent or attorney, and shall be completed by one (1) of the following methods:

(a) Personal delivery;

(b) Leaving it at the party’s usual place of residence with a person of suitable

discretion sixteen (16) years of age or older residing there; or

1004.6 Proof of service, stating the name and address of the person on who service is made and the manner and date of service, may be shown by one (1) of the following methods:

(a) Written acknowledgement by the party or other person served in accordance with § 1004.5 or by the party’s counsel; or

(b) The certificate of the serving party or that party’s counsel; or

1004.7 If service is by personal delivery, it shall be deemed to have been served at the time when delivery is made to the party or other person served in accordance with § 1004.5.

1004.8 If service is by certified mail, it shall be deemed to have been made on the date shown on the return receipt showing delivery of the notice to the party or refusal of the party to accept delivery.

1004.9 If the party is no longer at the last known address as shown by the records of the Director, and no forwarding address is available, service shall be deemed to have been made on the date the return receipt bearing that notification is received by the Director.

1004.10 A registrant whose registration has been summarily suspended may request an immediate hearing before OAH for the purpose of determining whether the suspension shall continue. The registrant shall file the request with OAH within seventy-two (72) hours after service of the notice (receipt required for proof of delivery). The hearing shall be held within seventy-two (72) hours after receiving the request unless otherwise agreed by the parties to be held at a later date.

1004.11 Unless otherwise authorized by the Director, any notice from or to the Director shall be made by personal delivery or sent by certified mail, return receipt requested.

1004.12 A request for a hearing under this chapter shall include the following:

(a) A statement of the facts relevant to the review of the action;

(b) A statement of the arguments that the respondent considers relevant to the review of the action; and

1004.13 If the registrant fails to request a hearing within the time and in the manner specified in the notice, the summary suspension shall continue until after a finding by the Department that the imminent danger no longer exists, or until after a decision on a notice of intent to revoke or suspend the registration becomes final under § 1003.13 or 1003.16.

1004.14 If a hearing is timely requested, the proceedings shall thereafter be conducted pursuant to the Office of Administrative Hearings Act, and all further correspondences and notices shall be communicated directly between the Office of Administrative Hearings and the registrant, including notice of the date, time and location of the hearing and the name of the hearing officer.

1004.15 Nothing in this subchapter shall be deemed to supersede the service, procedural

rules, or other proceedings of a matter that has been filed with and is pending

before the Office of Administrative Hearings.

1004.16 The decision rendered by the Office of Administrative Hearings shall be the Final

Order in this matter. Either party may seek review of OAH’s decision by

the District of Columbia Court of Appeals in accordance with the District of

Columbia Administrative Procedures Act, D.C. Official Code §§ 2-501- 2-511

(2011 Repl.).

CHAPTER 11 CONFIDENTIALITY OF RECORDS

1100 MEDICAL MARIJUANA PROGRAM RECORDS

1100.1 Applications and supporting information submitted by qualifying patients and caregivers shall be confidential and subject to the protections of the federal Health Insurance Portability and Accountability Act (HIPAA) of 1996, as amended, and other applicable privacy laws and privileges.

1100.2 The Department shall maintain a confidential list of the persons to whom the Department has issued registration identification cards.

1100.3 Individual names and other personally identifying information on the list:

(a) Shall be confidential and not be considered a public record; and

(b) Shall not subject to disclosure, except to authorized employees of the Department as necessary to perform official duties of the Department.

1100.4 The Department shall verify to law enforcement personnel whether a registry identification card is valid by confirming the information that is printed on the registration identification card.

1100.5 The Department may notify law enforcement personnel about falsified or fraudulent information submitted to the Department.

CHAPTER 12 INVESTIGATIONS AND INSPECTIONS

1200 ANNOUNCED AND UNANNOUNCED INVESTIGATIONS AND INSPECTIONS

1200.1 The Department may conduct announced and unannounced investigations and inspections of cultivation centers and dispensaries, as related to the Department’s purview, mission and function, for the purpose of determining the suitability of any facility or location with respect to sanitation and health, and to determine compliance with the Act and its regulations by any registered cultivation center or dispensary.

1200.2 During an inspection or investigation of a dispensary, the Department may review the dispensary’s confidential records, including its dispensing records and information which contains the names and addresses of qualifying patients, caregivers, and recommending physicians.

1200.3 During an inspection or investigation of a cultivation center, the Department may review the cultivation center’s confidential records, as necessary and appropriate to the Department’s purview and authority, to determine compliance with the Act and its regulations.

1200.4 All qualifying patients and caregivers shall provide the Department or the Department’s agent with immediate access to any material and information necessary for determining compliance with the Act and this chapter.

1200.5 Failure by a qualifying patient or caregiver to provide the Department with immediate access to any requested material or information to determine compliance with the Act or this subtitle, may result in sanctions against the qualifying patient or caregiver up to and including revocation of registration and referral to local law enforcement.

1200.6 Failure by a dispensary or cultivation center to provide the Department with immediate access to any requested material or information as part of an inspection or investigation under the Act and this chapter, may result in the imposition of a civil fine as well as referral to the Board for further sanctions.

CHAPTER 13 FEES

1300 REGISTRATION, RENEWAL, AND REPLACEMENT FEES

1300.1 The registration, renewal and replacement fees are as follows:

(a) Initial registration fee for a qualifying patient $100.00;

(b) Initial registration fee for a caregiver $100.00;

(d) Renewal fee for a caregiver $100.00; and

(e) Replacement card fee $90.00

1300.2 The initial registration fees for a qualifying patient or caregiver whose income is equal to or less than two hundred percent (200%) of the federal poverty level shall be twenty-five percent (25%) of the published standard qualifying patient or caregiver registration fee, and are set forth as follows:

(a) Initial registration fee for a qualifying patient $25.00;

(b) Initial registration fee for a caregiver $25.00;

(d) Renewal fee for a caregiver $25.00; and

(e) Replacement card fee $20.00

1300.3 A qualifying patient or caregiver whose income is equal to or less than two hundred percent (200%) of the federal poverty level may apply for registration at a rate that is twenty-five percent (25%) of the published standard registration fee by submitting proof, to the satisfaction of the Director, of the following:

(a) That he or she is a current Medicaid or DC Alliance recipient; or

(b) Documentation verifying that his or her total gross income, including child support payments, alimony and rent payments received, and any other income received on a regular basis, is equal to or less than two hundred percent (200%) of the federal poverty level, as defined by the U.S. Department of Health and Human Services.

1300.4 In verifying income for the purposes of this chapter, an individual may submit the following:

(a) Earnings statements received within the previous thirty (30) days;

(b) District of Columbia or Federal tax filing returns for the most recent tax year;

(c) For newly employed applicants, a verifiable copy of an offer of employment that states the amount of salary to be paid;

(d) A copy of a Social Security or worker’s compensation benefit statement;

(e) Proof of child support or alimony received;

(f) Any other unearned income or assets, including but not limited to, stocks, bonds, annuities, private pension and retirement accounts; or

(g) Any other item(s) of proof deemed by the Director or the Director’s agent reasonably calculated to demonstrate a person’s current income.

1300.5 An individual shall submit the required verifying information set forth in § 1300.4 for each renewal or request for a replacement card in order to receive the reduced fee.

1300.6 A qualifying patient who establishes pursuant to § 1300.4 of this chapter that his or her income is equal to or less than two hundred percent (200%) of the federal poverty level, shall be entitled to purchase medical marijuana directly, or through a caregiver, on a sliding scale from a registered dispensary in the District of Columbia.

CHAPTER 99 DEFINITIONS

9900 DEFINITIONS

9900.1 When used in this subtitle, the following terms and phrases shall have the meanings ascribed:

Act – means the Legalization of Marijuana for Medical Treatment Initiative of 1999 (Act), effective, effective July 27, 2010 (D.C. Law 18-210; D.C. Official Code §§ 7-1671.01, et seq.(2011 Supp.)).

Administer or Administration – means the direct introduction of medical marijuana, whether by inhalation, ingestion, or any other means, into the body of a person.

ANC – means Advisory Neighborhood Commission.

Bona fide physician-patient relationship- means a relationship between a physician and patient in which the physician:

(a) Has completed a full assessment of the patient’s medical history and current medical condition, including a personal physical examination; and

(b) Has responsibility for the ongoing care and treatment of the patient.
Business applicant – means a person who has made an application to register a cultivation center, dispensary, or medical marijuana certification provider permit and who has an application pending before the Department.

Caregiver – means a person who:

(a) Is designated by a qualifying patient as the person authorized, on the qualifying patient’s behalf, to possess, obtain from a dispensary, dispense and assist in the administration of medical marijuana;

(b) Is registered with the Department as the qualifying patient’s caregiver;

(d) Is at least eighteen (18) years of age.

Civil Infractions Act- means Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, effective October 5, 1985 (D.C. Law 6-42; D.C. Official Code §§ 2-1801.01, et seq. (2007 Repl. & 2011 Supp.))

Controlled Substances Act – means the District of Columbia Uniform Controlled Substances Act of 1981, effective August 5, 1981 (D.C. Law 4-29; D.C. Official Code §§ 48-901.02, et seq. (2009 Repl. & 2011 Supp.)).

Cultivation Center- means a facility operated by an organization or business registered with the Mayor pursuant to section 6 of the Act from or at which medical marijuana is cultivated, possessed, manufactured, and distributed in the form of medical marijuana, and paraphernalia is possessed and distributed to dispensaries.

Day – means calendar day unless specifically stated otherwise.

DCRA – means the Department of Consumer and Regulatory Affairs

Department – means the Department of Health.

Director- means the Director of the Department of Health or his or her designee or designees.

Dispensary- means a facility operated by an organization or business registered with the Mayor pursuant to section 6 of the Act from or at which medical marijuana is possessed and dispensed and paraphernalia is possessed and distributed to a qualifying patient or a caregiver.

Dispense – means to distribute medical marijuana to a qualifying patient or caregiver pursuant to the Act and the rules issued pursuant to section 14 of the Act.

Distribute – means the actual, constructive, or attempted transfer from one person to another.

Drug-related offense- means any conviction occurring in the District of Columbia, or in any State or Territory for the possession, use, sale, transfer, manufacture, or distribution of a controlled substance or drug paraphernalia.

Federal Poverty Level- means the income level, which varies by household size, under which families in the continental United States are formally considered to be in poverty. The Secretary for the U.S. Department of Health and Human Services publishes a revised poverty level each year in the Federal Register.

Individual Applicant – means an individual who has made an application for a manager’s registration or for registration as a director, officer, member, incorporator, agent, or employee and who has an application pending before the Department.
Letter of information – means a written request from the Department for further factual information in response to a request for an advisory opinion.

Location – means a particular parcel of land that is defined by an address or other descriptive means.

Manager – means an individual who has obtained a manager’s registration from the Department and who is designated by the cultivation center or dispensary to manage the registered premises in the absence of a registered owner.

Manufacture – means the production, preparation, propagation, compounding, conversion, or processing of marijuana, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling or re-labeling of its container.

Marijuana- shall have the same meaning as provided in section 102(3)(A) of the Controlled Substances Act.

Medical Marijuana- means marijuana cultivated, manufactured, possessed, distributed, dispensed, obtained, or administered in accordance with the Act and the rules issued pursuant to section 14 of the Act.

Minor- means any person under eighteen (18) years of age, but does not include an emancipated minor.

MPD – means the Metropolitan Police Department.

OAG – means the Office of the Attorney General.

OAH- means the Office of Administrative Hearings.
OTR – means the Office of Tax and Revenue.

Panel- means the six (6) member, composite board appointed by the Mayor

responsible for evaluating, rating and scoring applications for cultivation center and dispensary registrations.

Paraphernalia – means:

(a) Objects used, intended for use, or designated for use in preparing, storing, ingesting, inhaling, or otherwise introducing medical marijuana into the human body; and

(b) Kits, objects, devices, or equipment used, intended for use, or designated for use in planting, propagating, manufacturing, cultivation, growing, harvesting, processing, or preparing medical marijuana.

Person – means a natural person, partnership, association, company, corporation, limited liability company, or organization, or a manager, agent, owner, director, officer, or employee thereof.

Physician – means an individual who is licensed and in good standing to practice medicine or osteopathy under District law.

Placards – means a written notices posted at an establishment for the purpose of notifying the public of action involving a registration application for either a cultivation center or dispensary.

Premises – means a distinct and definite location, which may include a building, a part of a building, a room, or any other definite contiguous area.

Program- means the medical marijuana program established by section 6 of the Act.

Qualifying medical condition-means:

(a) Human immunodeficiency virus;

(b) Acquired immune deficiency syndrome;

(d) Conditions characterized by severe and persistent muscle spasm, such as multiple sclerosis;

(e) Cancer; or

(f) Any other condition, as determined by rulemaking, that is:

(1) Chronic or long lasting;

(2) Debilitating or interferes with the basic functions of life; and

(3) A serious medical condition for which the use of medical marijuana is beneficial:

(A) That cannot be effectively treated by any ordinary medical or surgical measure; or

(B) For which there is scientific evidence that the use of medical marijuana is likely to be significantly less addictive than the ordinary medical treatment for that condition.

Qualifying medical treatment- means:

(a) Chemotherapy;

(b) The use of azidothymidine or protease inhibitors;

(d) Any other treatment, as determined by rulemaking, whose side effects require treatment through the administration of medical marijuana in the same manner as a qualifying medical condition.

Qualifying patient – means a resident of the District who has a qualifying medical condition or is undergoing a qualifying medical treatment.

Registration period – means the period of time between the authorized beginning and expiration dates for each registration.

Residence- means a dwelling or dwelling unit in which a person lives in a particular locality with the intent to make it a fixed and permanent home.
Useable medical marijuana – means the dried leaves and flowers of the marijuana plant, and any mixture of preparation thereof, and does not include seeds, stems, stalks or roots of the plant.

DC LAW: Regulations for Patients, Caregivers, and Physicians

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DC LAW: Regulations for Patients, Caregivers, and Physicians