2023 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 cannabis

(a)(1) The maximum amount of dried medical cannabis that any qualifying patient or caregiver may possess at any moment is 8 ounces.

(2) The Mayor shall promulgate through rulemaking limits on the amount of medical cannabis in forms other than dried medical cannabis that any qualifying patient or caregiver may possess at any one moment.

(b) Medical cannabis shall only be administered by or to a qualifying patient at:

(1) A qualifying patient's residence, if permitted;

(2) The residence of an individual who has given permission to the qualifying patient to administer medical cannabis at the individual's residence, if permitted;

(3) A medical treatment facility, when the qualifying patient is receiving medical care for a qualifying medical or dental condition or a qualifying medical or dental treatment, if permitted by the medical treatment facility;

(4) A safe use treatment facility licensed by ABCA pursuant to § 7-1671.06c; or

(5) A school in which the qualifying patient is enrolled, if the school has a policy in place for allowing the administration of medication at school; provided, that the medical cannabis shall be in non-smokable form.

(c) A qualifying patient or caregiver shall transport medical cannabis 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 cannabis 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 cannabis.

(e) The use of medical cannabis 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 cultivation center, manufacturer, retailer, internet retailer, courier, or testing laboratory to another person pursuant to this law.

(g) A qualifying patient, caregiver, or an employee of a cultivation center, manufacturer, retailer, internet retailer, courier, testing laboratory, or other holder of a license in a license category established by this chapter or by rulemaking pursuant to this chapter who is stopped by the police upon reasonable suspicion or probable cause that the stopped individual is in possession of cannabis may not be further detained or arrested on this basis alone if the police determine that the individual 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; Mar. 22, 2023, D.C. Law 24-332, § 3(c), 70 DCR 1582.)

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, 69 DCR 5035).

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(c) 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(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).