Section 22-C5404. APPLICATION FORMAT AND CONTENTS

 

5404.1The business application of a person applying for a cultivation center or dispensary registration shall include:

 

(a) In the case of an individual applicant, the trade name of the business, if applicable, and the name and address of the individual; in the case of a partnership or limited liability company applicant, the trade name of the business, if applicable, and the names and addresses of each member of the partnership or limited liability company; and in the case of a corporate applicant, the legal name, trade name, place of incorporation, principal place of business, and the names and addresses of each of the corporation's principal officers, directors, and shareholders holding, directly or beneficially, one percent (1%) or more of its common stock;

 

(b)The name and address of the owner of the establishment for which the registration is sought and the premises where it is located;

 

(c)Whether registration is sought for a cultivation center or dispensary;

 

(d)A certified surveyor’s report setting forth the proximity of the cultivation center or dispensary to the nearest public or private, preschool, primary or secondary school or recreation center, and the name of the school or recreation center;

 

(e)The size and design of the cultivation center or dispensary;

 

(f)A detailed description of the nature of the proposed operation, including the following:

 

(1)The location of all restricted access areas; and

 

(2)The hours during which the cultivation center or dispensary plans to operate;

 

(g)An affidavit that complies with D.C. Official Code § 47-2863(b)(2011 Supp.);

 

(h)Documents or other written statements or evidence establishing to the satisfaction of the Director that the person applying for the registration meets all of the qualifications set forth in § 5400.1;

 

(i) The applicant shall sign a written statement on a form provided by the Director attesting that the applicant assumes any and all risk or liability that may result under District of Columbia and federal laws from the operation of a medical marijuana cultivation center or dispensary.  The applicant shall further acknowledge that it 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 that the District of Columbia shall not be liable as a result of these changes;  

 

(j)A notarized affidavit attesting to the fact that the applicant is the true and actual owner of the business for which the registration is sought; the applicant intends to carry on the business for the entity identified in the application and not as the agent of any other individual, partnership, association, or corporation not identified in the application; and the registered establishment will be managed by the applicant in person or by a registered manager approved by the Director;

 

(k)      The applicant shall sign a written statement on a form provided by the Director attesting that the applicant understands and is aware that a cultivation center’s or dispensary’s registration may be revoked at any time for the convenience of the District pursuant to § 6103 of this subtitle; and

 

(l)The applicant shall submit a written and detailed plan for closure of its cultivation center or dispensary.  

 

5404.2The applicant shall sign a notarized statement certifying that the application is complete and accurate. Any person who knowingly makes a false statement on an application, or in any accompanying statement under oath that the Department may require, shall be guilty of the offense of making false statements. The making of a false statement, whether made with or without the knowledge or consent of the applicant, shall, in the discretion of the Director, constitute sufficient cause for denial of the application or revocation of the registration. The making of false statements shall also constitute the basis for a criminal offense under D.C. Official Code § 22-2405 (2001).

 

5404.3  An applicant for a dispensary or cultivation center registration shall advise the Department, in the application, as to the source of the funds used to acquire or develop the business for which the registration is sought, and shall provide independent documentation concerning the source of such funds and copies of closing documents in connection with the purchase of a registered business upon request of the Department. 

 

5404.4[REPEALED]

 

5404.5An applicant for a cultivation center or dispensary shall also file with the Department plans and specifications for the interior of the building if the building to be occupied is in existence at the time.  If the building is not in existence, the applicant shall file a plot plan and a detailed sketch for the interior and the architect’s drawing of the building to be constructed.

 

5404.6The applications for an operator of either a cultivation center or a dispensary registration shall specifically recite verbatim each of the following notices:

 

(a) Limitation of Liability – The District of Columbia shall not be liable to 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;

 

(b) Indemnification, Hold Harmless and Defense Obligations – Registrant hereby indemnifies and holds the District of Columbia, its officers, directors, employees, affiliates and agents ("Indemnified Parties") harmless and shall defend the Indemnified Parties (with counsel satisfactory to District of Columbia) from and against any and all losses, costs, damages, liabilities, expenses, claims and judgments (including, without limitation, attorneys fees and court costs) suffered by or claimed against the Indemnified Parties, directly or indirectly, based on, arising out of or resulting from:

 

(1)  Registrant's establishment and operation of a cultivation center and/or dispensary in the District’s medical marijuana program;

 

(2)  The negligence or willful misconduct of registrant or its employees, contractors, agents, licensees, guests or invitees;

 

(3)  Any breach or default by registrant in the performance or observance of its covenants or obligations under this registration; or

 

(4)  Any violations of law by of registrant or its employees, contractors, agents, licensees, guests or invitees; and

 

(c) 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. 

 

5404.7As part of the registration process, every applicant for either a cultivation center or a dispensary registration shall sign a written statement attesting to the following:

 

(a)The applicant acknowledges receipt and advisement of the notices set forth in § 5404.6;

 

(b)The applicant agrees to and accepts the limitation of liability against the District, and the requirement to indemnify, hold harmless, and defend the District, as set forth in § 5404.6;

 

(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.

 

5404.8Execution of the attestation set forth in § 5404.7 shall be a required element of each application for a cultivation center or dispensary registration.

 

5404.9 The Director shall not permit any applicant for a cultivation center or dispensary to make any additions, changes, alterations, amendments, modifications, corrections, or deletions to the application package once it has been submitted to the Department. 

authority

Section 14 of the Legalization of Marijuana for Medical Treatment Amendment Act of 2010 (Act), effective July 27, 2010 (D.C. Law 18-210; D.C. Official Code §§ 7-1671.01, et seq.), and Mayor’s Order 2011-71, dated April 13, 2011.

source

Emergency and Third Proposed Rulemaking published at 58 DCR 3299 (April 15, 2011)[EXPIRED]; as amended by Emergency and Fourth Proposed Rulemaking published at 58 DCR 7207 (August 12, 2011)[EXPIRED]; as amended by Final Rulemaking published at 58 DCR 10128, 10185 (December 2, 2011); as amended by Final Rulemaking published at 60 DCR 10061 (July 12, 2013).