Section 17-900. SALE OF SYNTHETIC DRUGS PROHIBITED  


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    900.1    No person doing business in the District of Columbia that has or is required to have a Basic Business License issued under D.C. Official Code §§ 47-2851.01 et seq. (2012 Repl. & 2013 Supp.) shall sell, offer for sale, allow the sale of, display for sale, possess, market, trade, barter, give, devise, or otherwise make or attempt to make available:

     

    (a) Synthetic Drugs;

     

    (b) Products packaged as common non-consumable products, which contain warning notices or age restrictions not typically found on products marketed for that purpose. For example, potpourri, incense, or bath salt packages that bear a warning label, including, but not limited to: “Not for purchase by minors”, “Manufacturer and retailer are not responsible for misuse of this product”, “Not for human consumption”, “Must be 18 years or older to purchase”, or equivalent language;

     

    (c) Products containing notices on the packaging not typically found on products marketed for that purpose.  For example, potpourri or shoe oil containing notices such as “Legal in 50 states”, “100% legal blend”, or language affirming conformance with specific state or federal statutes or regulations. Such notices may also include, but are not limited to, “does not contain any chemical compounds prohibited by law”, “contains no prohibited chemicals”, “product is in accordance with State and Federal laws”, “legal herbal substance”, “100% chemical free”, “100% synthetic free”, or equivalent language;

     

    (d) Products whose package labeling suggests the user will achieve a high, euphoria, relaxation, mood enhancement, or a hallucinogenic effect, or that the product has other mind or body-altering effects on the consumer; or

     

    (e) Products that have been enhanced with a synthetic chemical or synthetic chemical compound that has no legitimate relation to the advertised use of the product, but mimics the effects of a controlled substance when the product, or the smoke from the burned product, is introduced into the human body and/or the product is topically applied to the human body.

     

     

authority

D.C. Official Code § 47-2851.20 (2012 Repl.), Section 104 of the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, effective October 5, 1985 (D.C. Law 6-42; D.C. Official Code § 2-1801.04 (2012 Repl.)), and Mayor’s Order 99-68, dated April 28, 1999.

source

Final Rulemaking published at 61 DCR 12217 (November 28, 2014).