2023 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 cannabis

(a) Notwithstanding any other District law, a qualifying patient may purchase, possess, use, and administer medical cannabis, and purchase, 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 obtain, possess, dispense, administer, and assist in the administration of medical cannabis to a qualifying patient, and obtain, possess, and use paraphernalia, for the sole purpose of assisting in the administration of medical cannabis to a qualifying patient in accordance with this chapter and the rules issued pursuant to § 7-1671.13.

(b-1) When registering pursuant to § 7-1671.05, a caregiver shall not be required to submit a criminal background check to ABCA.

(c) A qualifying patient may purchase, possess, and administer medical cannabis, and purchase, possess, and use paraphernalia, only for the treatment of a qualifying medical or dental 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 ABCA that they are utilizing cannabis for medical purposes as part of the registration process; and

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

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

(c-1)(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 obtain, purchase, possess, dispense, use, administer, and assist in the administration of, respectively, medical cannabis in accordance with this chapter and the rules issued pursuant to § 7-1671.13 until March 31, 2023.

(2) On or after April 1, 2023, the qualifying patient or caregiver shall possess a valid registration identification card to continue to obtain, purchase, possess, dispense, use, administer, and assist in the administration of, respectively, medical cannabis.

(c-2) Notwithstanding the requirements of subsection (c) of this section, the ABC Board may, by rule, establish alternative or additional processes and procedures for qualifying patients to:

(1) Register in the medical cannabis program; or

(2) Obtain temporary or permanent approval to purchase medical cannabis from a retailer or internet retailer within one business day.

(d) A qualifying patient or caregiver shall only obtain, purchase, possess, dispense, use, administer, or assist in the administration of medical cannabis, or obtain, purchase, possess, or use paraphernalia obtained from a retailer or internet retailer licensed with ABCA pursuant to § 7-1671.05.

(e)(1) A qualifying patient who is a minor may purchase, possess, use, and administer medical cannabis, and purchase, possess, and use paraphernalia, only after having received a recommendation from an authorized practitioner and registered with ABCA.

(2) A signed, written statement from the minor qualifying patient's parent or legal guardian shall be submitted when registering with ABCA, which affirms that the parent or legal guardian:

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

(B) Understands the potential benefits and adverse effects of the use of medical cannabis, generally, and specifically, in the case of the minor;

(C) Consents to the use of medical cannabis for the minor's qualifying medical or dental condition or qualifying medical or dental treatment; and

(D) Consents to, or designates another adult to, serve as the caregiver for the qualifying patient, and that the caregiver controls the acquisition, possession, dosage, and frequency of use of medical cannabis 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; Mar. 22, 2023, D.C. Law 24-332, § 3(b), 70 DCR 1582.)

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, 69 DCR 5035).

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(b) of Medical Marijuana Patient Access Extension Second Temporary Amendment Act of 2022 (D.C. Law 24-229, Dec. 21, 2022, 69 DCR 13901).

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).