Section 22-C200. GENERAL PROVISIONS

 

200.1A registration identification card shall not be transferable.

 

200.2A registration identification card issued under this chapter is the property of the District of Columbia and shall be surrendered upon demand of the Director.

 

200.3As part of the registration process, applicants shall sign a written statement certifying that the applicant assumes any and all risk or liability that may result under District of Columbia and federal laws from the possession, use, administration, or dispensing of medical marijuana.  The applicant shall further acknowledge that he or she understands that the medical marijuana laws and enforcement thereof of the District of Columbia and the Federal government are subject to change at any time. 

 

200.4The applications for a patient or caregiver registration shall specifically recite verbatim, each of the following notices:

 

(a) Limitation of Liability – The District of Columbia shall not be liable to the registrant, its employees, agents, business invitees, licensees, customers, clients, family members or guests for any damage, injury, accident, loss, compensation or claim, based on, arising out of or resulting from registrant's participation in the District of Columbia’s medical marijuana program, including but not limited to the following: arrest and seizure of persons and/or property, prosecution pursuant to federal laws by federal prosecutors, interruption in registrant's ability to operate its medical marijuana cultivation center and/or dispensary; any fire, robbery, theft, mysterious disappearance or any other casualty; the actions of any other registrants or persons within the cultivation center and/or dispensary.  This Limitation of Liability provision shall survive expiration or the earlier termination of this registration if such registration is granted; and

 

(b) Federal Prosecution - The United States Congress has determined that marijuana is a controlled substance and has placed marijuana in Schedule I of the Controlled Substance Act.  Growing, distributing, and possessing marijuana in any capacity, other than as a part of a federally authorized research program, is a violation of federal laws.  The District of Columbia’s law authorizing the District’s medical marijuana program will not excuse any registrant from any violation of the federal laws governing marijuana or authorize any registrant to violate federal laws. 

 

200.5As part of the registration process, every applicant for either a patient or caregiver registration shall sign a written statement attesting to the following:

 

(a) The applicant acknowledges receipt and advisement of the notices

 set forth in § 200.4;

 

(b)   The applicant agrees to and accepts the limitation of liability  against the District, as set forth in § 200.4;

 

(c)   The applicant assumes any and all risk or liability that may result  under District of Columbia or federal laws arising from the  possession, use, cultivation, administration, or dispensing of  medical marijuana;

 

(d)   The applicant understands that the medical marijuana laws and

enforcement thereof of the District of Columbia and the Federal

government are subject to change at any time; and

 

(e)   The applicant chooses to sign this attestation willingly and without

reservation and is fully aware of its meaning and effect.

 

200.6Execution of the attestation set forth in § 200.5 shall be a required element of each application for a patient or caregiver registration. 

 

200.7 As part of the registration process, a qualifying patient shall designate the dispensary from which he or she will receive medical marijuana, and this designation shall appear on the qualifying patient’s registration card and, if applicable, the caregiver’s registration card.

 

200.8 A qualifying patient may change his or her designated dispensary by providing fourteen (14) calendar days written notice to the Department on a patient change of information form provided by the Department as set forth in § 200.7 of this chapter.

 

200.9Within fourteen (14) calendar days of any change in the qualifying patient’s name, address, caregiver, recommending physician, or designated dispensary, a qualifying patient who has been issued a registration identification card shall:

 

(a)Submit a completed patient change of information form to the Department, and include as applicable:

 

(1)Designation of a new dispensary;

 

(2)Designation of a new caregiver; or

 

(3)A recommendation form from the new recommending physician;

 

(b)Surrender his or her current registration identification card to the Department;

 

(c)Immediately notify his or her caregiver of the change;

 

(d)Pay the required fee to receive a new registration identification card; and

 

(e)Be issued a new registration card that reflects the change.

 

200.10Within fourteen (14) calendar days of receiving notice of a qualifying patient’s change of name, address, recommending physician, or designated dispensary, the patient’s registered caregiver shall:

 

(a)Submit a written request for a new registration identification card to the Department on a form provided by the Department;

 

(b)Surrender his or her registration identification card;

 

(c)Pay the required fee to receive a new registration identification card; and

 

(d)Be issued a new registration identification card that reflects the change.

 

200.11Within fourteen (14) calendar days of the recommending physician declaring that a qualifying patient no longer suffers from a qualifying medical condition or treatment, the qualifying patient shall:

 

(a)Surrender his or her registration card to the Department;

 

(b)Notify his or her registered caregiver of the change; and

 

(c)Return any unused medical marijuana to the District of Columbia Metropolitan Police Department.

 

200.12Within fourteen (14) calendar days of receiving notice that a qualifying patient has changed his or her caregiver, or that the patient no longer suffers from a qualifying medical condition or treatment, the Department shall send written notice via U.S. Postal Service certified mail to the caregiver’s address on file with the Department.  The caregiver’s protections under the Act shall expire ten (10) days after delivery of the notice or the caregiver’s failure to claim the notice.  

 

200.13Within fourteen (14) calendar days after receiving notice that a qualifying patient has designated a different individual to serve as his caregiver or that qualifying patient no longer suffers from a qualifying medical condition or treatment, the caregiver shall:

 

(a)Surrender his or her registration card to the Department; and

 

(b)Return any unused medical marijuana to the District of Columbia Metropolitan Police Department.

 

200.14 In the event that a qualifying patient or a caregiver experiences the theft, loss, or destruction of his or her registration card, he or she shall:

 

(a)Within twenty-four (24) hours after discovery, provide verbal notification to the Director or his or her designee;

 

(b)Submit the required written notification reporting forms to the Department within seventy-two (72) hours after the initial discovery;

 

(c)Pay the required fee; and

 

(d)Be issued a new registration identification card.

 

200.15 Within fourteen (14) calendar days after any change in a caregiver’s name or address, he or she shall:

 

(a)Notify the Department in writing of the change; and

 

(b)Pay the required fee, and be issued a new registration identification card, if applicable.

authority

The Mayor, pursuant to section 14 of the Legalization of Marijuana for Medical Treatment Initiative of 1999 (Act), effective July 27, 2010 (D.C. Law 18-210; D.C. Official Code §§ 7-1671.01, et. seq. (2011 Supp.)).

source

Notice of Emergency and Third Proposed Rulemaking published at 58 DCR 3299 (April 15, 2011)[EXPIRED]; as amended by Notice of Emergency and Fourth Proposed Rulemaking published at 58 DCR 7207 (August 12, 2011)[EXPIRED]; as amended by Notice of Final Rulemaking published at 58 DCR 10128, 10134 (December 2, 2011).