 |
D.C. Municipal Regulations (Last Updated: September 13, 2017) |
 |
Title 22. HEALTH |
|
SubTilte 22-C. MEDICAL MARIJUANA |
|
Chapter 22-C3. USE OF MEDICAL MARIJUANA |
Section 22-C300. USE BY QUALIFYING PATIENT, TRANSPORTATION BY CAREGIVER, AND LIMITATIONS ON MEDICAL MARIJUANA
-
300.1 A qualifying patient shall only possess and administer medical marijuana, or use paraphernalia, for treatment of a qualifying medical condition or the side effects of a qualifying medical treatment after:
(a)Obtaining a signed, written recommendation from a physician in accordance with this chapter; and
(b)Registering with the Department.
300.2A qualifying patient or caregiver shall only possess, administer, or dispense medical marijuana, or possess or use paraphernalia, obtained from the registered dispensary designated on his or her registration identification card.
300.3A qualifying patient or caregiver shall only transport medical marijuana in a container or sealed package bearing the label received from the dispensary.
300.4 A qualifying patient or caregiver shall not administer or use medical marijuana at a dispensary or cultivation center.
300.5 Medical marijuana shall not be administered by or to a qualifying patient anywhere other than:
(a)The qualifying patient’s residence, if permitted; or
(b) At a medical treatment facility when receiving medical care for a qualifying medical condition, if permitted by the medical facility.
300.6Notwithstanding § 300.5, a qualifying patient shall not use medical marijuana at a time or in a location within his or her residence when such use would result, or is likely to result, in exposure to the medical marijuana or the medical marijuana smoke that may adversely affect the health, safety, or welfare of a minor.
300.7For purposes of determining whether a dwelling or dwelling unit is the qualifying patient’s residence as defined by the Act, when at issue, the Department may consider documentation and information of the same nature and type as is required to prove District residency under this subtitle.
300.8 A qualifying patient who is a minor shall only possess and administer medical marijuana if the parent or legal guardian of the minor has signed a written statement affirming that the parent or legal guardian:
(a)Understands the qualifying medical condition or qualifying medical treatment of the minor;
(b)Understands the potential benefits and potential adverse effects of the use of medical marijuana in general, and specifically, in the case of the minor;
(c) Consents to the use of medical marijuana for the treatment of the minor’s qualifying medical condition or treatment of the side effects of the minor’s qualifying medical treatment; and
(d)Consents to, or designates another adult to, serve as the caregiver for the qualifying patient and the caregiver controls the acquisition, possession, dosage, and frequency of use of medical marijuana by the qualifying patient.
300.9The maximum amount of medical marijuana any qualifying patient or caregiver may possess at any time is:
(a)Four (4) ounces of dried medical marijuana; or
(b)The equivalent of four (4) ounces of dried medical marijuana when sold in any other form.
300.10 [REPEALED].
300.11Nothing in the Act or this subtitle shall be construed as permitting a qualifying patient to:
(a)Undertake any task under the influence of medical marijuana when doing so would constitute negligence or professional malpractice; or
(b)Operate, navigate, or be in actual physical control of any motor vehicle, aircraft, or motorboat while under the influence of medical marijuana.
300.12A qualifying patient or caregiver shall not engage in abusive, intimidating, threatening, or disruptive conduct while on the premises of a dispensary.
300.13A dispensary shall have the right to refuse service to a qualifying patient or caregiver who:
(a) Engages in abusive, intimidating, threatening, or disruptive conduct while on the premises of a dispensary;
(b) Presents a registration identification card that appears to have been tampered with or altered; or
(c) For other good cause shown.
300.14After refusing to provide service to a patient or caregiver pursuant to § 300.12, the dispensary shall notify the Department in writing within twenty-four (24) hours or one (1) business day of refusing service, and provide full information and details as to the basis for the refusal.
300.15 No qualifying patient or caregiver shall use butane or other explosive gases to extract or separate resin from marijuana, or tetrahydrocannabinol from marijuana, or in any other manner.