2022 District of Columbia Code
Title 7 - Human Health Care and Safety
Chapter 16B - Use of Marijuana for Medical Treatment
§ 7–1671.03. Restrictions on 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 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) The maximum amount of medical marijuana that any qualifying patient or caregiver may possess at any moment is 8 ounces of dried medical marijuana. The Mayor shall promulgate through rulemaking limits on medical marijuana of a form, other than dried.

(b)(1) Except as provided in paragraph (4) of this subsection, medical marijuana shall not be administered by or to a qualifying patient anywhere other than the qualifying patient's residence, if permitted, the residence of an individual who has given permission to the qualifying patient to administer medical marijuana at his or her residence, if permitted, or at a medical treatment facility when receiving medical care for a qualifying medical condition, if permitted by the facility.

(2) A qualifying patient or caregiver shall not administer medical marijuana at a dispensary, cultivation center, or testing laboratory.

(3) Notwithstanding paragraph (1) of this subsection, a qualifying patient shall not use medical marijuana if exposure to the medical marijuana or the medical marijuana smoke would adversely affect the health, safety, or welfare of a minor.

(4) Medical marijuana, in a non-smokable form, may be administered to a qualifying patient who is enrolled in school at the school of enrollment, if a school has a policy in place for allowing administration of medication at school.

(c) A qualifying patient or caregiver shall transport medical marijuana in a labeled container or sealed package in a manner and method established by rulemaking.

(d) Nothing in this chapter permits a person to:

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

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

(e) The use of medical marijuana as authorized by this chapter and the rules issued pursuant to § 7-1671.13 does not create a defense to any crime and does not negate the mens rea element for any crime except to the extent of the voluntary-intoxication defense recognized in District of Columbia law.

(f) Notwithstanding any other law, a person or entity may provide information about the existence or operations of a dispensary, cultivation center, or testing laboratory to another person pursuant to this law.

(g) A qualified patient, caregiver, or an employee of a dispensary, cultivation center, or testing laboratory who is stopped by the police upon reasonable suspicion or probable cause that the stopped individual is in possession of marijuana may not be further detained or arrested on this basis alone if the police determine that he or she is in compliance with this chapter and the rules issued pursuant to § 7-1671.13.

(Feb. 25, 2010, D.C. Law 13-315, § 4; as added July 27, 2010, D.C. Law 18-210, § 2, 57 DCR 4798; Feb. 18, 2017, D.C. Law 21-209, § 2(c), 63 DCR 15291; Apr. 16, 2020, D.C. Law 23-81, § 2, 67 DCR 2498; May 18, 2022, D.C. Law 24-122, § 2(b), 69 DCR 002670; Oct. 17, 2022, D.C. Act 24-565, § 2(c), 0 DCR 0.)

For temporary (90 days) amendment of this section, see § 2(c) 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(b) 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(b) 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(b) 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) amendment of this section, see § 2 of Student Medical Marijuana Patient Fairness Congressional Review Emergency Amendment Act of 2019 (D.C. Act 23-199, Jan. 16, 2020, 67 DCR 585).

For temporary (90 days) amendment of this section, see § 2 of Student Medical Marijuana Patient Fairness Emergency Amendment Act of 2019 (D.C. Act 23-126, Oct. 7, 2019, 66 DCR 13161).

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

For temporary (225 days) amendment of this section, see § 2 of Student Medical Marijuana Patient Fairness Temporary Amendment Act of 2019. (D.C. Law 23-35, Dec. 24, 2019, 66 DCR 14302).