2023 District of Columbia Code
Title 7 - Human Health Care and Safety
Chapter 16B - Use of Marijuana for Medical Treatment
§ 7–1671.13. Rules

(a) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2 [§ 2-501 et seq.], shall issue rules to implement the provisions of this chapter, including rules to:

(1) Adopt manufacturing practices with which cultivation centers, manufacturers, retailers, and internet retailers shall be required to comply to ensure that medical cannabis sold by cultivation centers, manufacturers, retailers, and internet retailers is appropriate for medical use;

(2) Ensure that the labeling on medical cannabis sold by cultivation centers, manufacturers, retailers, and internet retailers provides sufficient and accurate information, verified by a testing laboratory, for qualifying patients to be able to make informed choices;

(3) Ensure that each cultivation center, manufacturer, retailer, internet retailer, courier, and testing laboratory has appropriate signage and outdoor lighting and an appropriate security system, security plan, and theft prevention plan;

(4) Limit the hours during which cultivation centers, manufacturers, retailers, internet retailers, couriers, and testing laboratories may operate;

(5) Determine, for the purpose of ensuring that qualifying patients have adequate access to medical cannabis, the number of cultivation centers, manufacturers, retailers, internet retailers, and testing laboratories that may operate in the District;"

(6) Determine the amount of any licensing fee for a cultivation center, manufacturer, retailer, internet retailer, courier, or testing laboratory;

(7) Determine the forms of medical cannabis that cultivation centers, manufacturers, retailers, and internet retailers shall be permitted to dispense or distribute;

(8) Determine the process for permitting a cultivation center, manufacturer, retailer, internet retailer, courier, or testing laboratory to change location or change ownership or controlling interest pursuant to § 7-1671.06(r);

(9) Determine which provisions of a settlement agreement reached between a cultivation center, manufacturer, retailer, or internet retailer and an affected ANC are enforceable and which provisions are unenforceable by the ABC Board; and

(10) Adopt processes and procedures for holding protest and enforcement hearings before the ABC Board.

(a-1) Pursuant to the transfer of functions of the Department of Health to ABCA by § 25-204.02, the Mayor shall issue rules in accordance with subsection (b) of this section, which rules shall allow licensed retailers, internet retailers, and couriers to provide medical cannabis to qualifying patients through delivery, curbside pickup, and at-the-door options.

(a-2) The Mayor may issue rules creating additional license categories, including a transporter license, tiered cultivation center licenses, different types of manufacturer licenses, and a shared facility license to allow licensees to share existing space and equipment.

(b) The Mayor shall submit the proposed rules to the Council for a 30-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution, within this 30-day review period, the proposed rules shall be deemed approved.

(Feb. 25, 2010, D.C. Law 13-315, § 14; as added July 27, 2010, D.C. Law 18-210, § 2, 57 DCR 4798; Feb. 18, 2017, D.C. Law 21-209, § 2(i), 63 DCR 15291; Dec. 3, 2020, D.C. Law 23-149, § 5012(h), 67 DCR 10493; Mar. 22, 2023, D.C. Law 24-332, § 3(s), 70 DCR 1582.)

This section is referenced in § 7-1671.01, § 7-1671.02, § 7-1671.03, § 7-1671.04, § 7-1671.05, § 7-1671.06, and § 7-1671.08.