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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 17. BUSINESS, OCCUPATIONS, AND PROFESSIONALS |
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Chapter 17-9. PROHIBITION ON THE SALE OF SYNTHETIC DRUGS |
Section 17-903. PROOF OF INTENT
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903.1 Any reasonable evidence may be utilized to demonstrate that a product’s marketed and/or intended use causes it to fit the definition of a synthetic drug including, but not limited to, any of the following evidentiary factors:
(a) The product is not suitable for its marketed use (such as a crystalline or powder product being marketed as “glass cleaner”);
(b) The individual or business providing, distributing, displaying or selling the product does not typically provide, distribute, or sell products that are used for that product’s marketed use (such as liquor stores, smoke shops, or gas/convenience stores selling “plant food”);
(c) The product contains a warning label that is not typically present on products that are used for that product’s marketed use including, but not limited to, “Not for human consumption”, “Not for purchase by minors”, “Must be 18 years or older to purchase”, “100% legal blend”, or similar statements;
(d) The product is significantly more expensive than products that are used for that product’s marketed use. For example, 0.5 grams of a substance marketed as “glass cleaner” costing $50.00, 1 gram of potpourri costing $10.00, or 0.5 grams of incense costing $15.00;
(e) The product resembles an illicit street drug (such as cocaine, methamphetamine, marijuana, or schedule 1 narcotic); or
(f) The business licensee or any employee has been warned by DCRA or has received a criminal incident report, arrest report or equivalent from any law enforcement agency that the product or a similarly labeled product contains a synthetic drug.