2022 District of Columbia Code
Title 7 - Human Health Care and Safety
Chapter 16B - Use of Marijuana for Medical Treatment
§ 7–1671.02. Use of medical marijuana

*NOTE: This section includes amendments by temporary legislation that will expire on December 29, 2022. To view the text of this section after the expiration of all emergency and temporary legislation, click this link: Permanent Version.*

*NOTE: This section includes amendments by temporary legislation that will expire on May 4, 2023. To view the text of this section after the expiration of all emergency and temporary legislation, click this link: Permanent Version.*

*NOTE: This section includes amendments by emergency legislation that will expire on January 15, 2023. To view the text of this section after the expiration of all emergency and temporary legislation affecting this section, click this link: Permanent Version.*

(a) Notwithstanding any other District law, a qualifying patient may possess and administer medical marijuana, and possess and use paraphernalia, in accordance with this chapter and the rules issued pursuant to § 7-1671.13.

(b) Notwithstanding any other District law, a caregiver may 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 this chapter and the rules issued pursuant to § 7-1671.13.

(c) A qualifying patient may possess and administer medical marijuana, and possess and use paraphernalia, only for treatment of a qualifying medical condition or the side effects of a qualifying medical treatment and only after having:

(1)(A) Obtained a signed, written recommendation from an authorized practitioner within the last 2 years in accordance with § 7-1671.04, except for individuals 21 years of age and older who shall be permitted to self-certify on a form provided by ABRA that they are utilizing cannabis for medical purposes as part of the registration process; and

(B) Registered with ABRA pursuant to § 7-1671.05; or

(2) Enrolled in another jurisdiction's medical marijuana program.

(c-1) When a qualifying patient's or caregiver's registration identification card has expired or will expire at any time between March 1, 2020, and March 31, 2023, and the qualifying patient or caregiver has not submitted an application for a new registration identification card, the qualifying patient or caregiver may continue to purchase, possess, and administer medical marijuana in accordance with this chapter and the rules issued pursuant to § 7-1671.13 until March 31, 2023. On or after April 1, 2023, the qualifying patient or caregiver must possess a valid registration identification card to continue to purchase, possess, and administer medical marijuana.

(d) A qualifying patient or caregiver shall only possess, administer, or dispense medical marijuana, or possess or use paraphernalia, obtained from a dispensary registered with ABRA pursuant to § 7-1671.05.

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

(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, generally, 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 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.

(Feb. 25, 2010, D.C. Law 13-315, § 3; as added July 27, 2010, D.C. Law 18-210, § 2, 57 DCR 4798; Feb. 18, 2017, D.C. Law 21-209, § 2(b), 63 DCR 15291; Dec. 3, 2020, D.C. Law 23-149, § 5012(b), 67 DCR 10493; May 18, 2022, D.C. Law 24-122, § 2(a), 69 DCR 002670; Sept. 21, 2022, D.C. Law 24-187, § 2(a), 69 DCR 009942; Oct. 17, 2022, D.C. Act 24-565, § 2(b), 0 DCR 0.)

Section 7022 of D.C. Law 22-33 repealed § 4 of D.C. Law 21-209. Therefore the changes made to this section by D.C. Law 21-209 have been implemented.

Applicability of D.C. Law 21-209: § 4 of D.C. Law 21-209 provided that the change made to this section by § 2(b) of D.C. Law 21-209 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

For temporary (90 days) amendment of this section, see § 2(b) of Medical Marijuana Patient Access Extension Second Emergency Amendment Act of 2022 (D.C. Act 24-565, Oct. 17, 2022, 0 DCR 0).

For temporary (90 days) amendment of this section, see § 2(a) of Medical Marijuana Self-Certification Emergency Amendment Act of 2022 (D.C. Act 24-469, July 6, 2022, 69 DCR 008396).

For temporary (90 days) amendment of this section, see § 2(a) of Medical Marijuana Patient Access Extension Congressional Review Emergency Amendment Act of 2022 (D.C. Act 24-400, May 9, 2022, 0 DCR 0).

For temporary (90 days) amendment of this section, see § 2(a) of Medical Marijuana Patient Access Extension Emergency Amendment Act of 2022 (D.C. Act 24-323, Feb. 11, 2022, 69 DCR 001268).

For temporary (90 days) amendment of this section, see § 2(a) of Medical Marijuana Patient Access Emergency Amendment Act of 2021 (D.C. Act 24-206, Nov. 5, 2021, 68 DCR 012188).

For temporary (90 days) repeal of § 4 of D.C. Law 21-209, see § 7022 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).

For temporary (90 days) repeal of § 4 of D.C. Law 21-209, see § 7022 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).

For temporary (225 days) amendment of this section, see § 2(a) of Medical Marijuana Self-Certification Temporary Amendment Act of 2022 (D.C. Law 24-187, Sept. 21, 2022, 69 DCR 009942).

For temporary (225 days) amendment of this section, see § 2(a) of Medical Marijuana Patient Access Extension Temporary Amendment Act of 2022 (D.C. Law 24-122, May 18, 2022, 69 DCR 002670).

For temporary (225 days) amendment of this section, see § 2(a) of Medical Marijuana Patient Access Temporary Amendment Act of 2021 (D.C. Law 24-78, Feb. 24, 2022, 69 DCR 000204).