Section 22-C5605. DESTRUCTION AND DISPOSAL OF UNUSED OR SURPLUS MEDICAL MARIJUANA AND REPORTING THEFT

 

5605.1 A cultivation center or dispensary shall destroy or dispose of unused or surplus medical marijuana and its by-products by providing it to MPD for destruction.

 

5605.2All unused or surplus medical marijuana and its by-products shall be weighed and documented and submitted to MPD on a form provided by MPD prior to being delivered to MPD by the cultivation center or dispensary for destruction.

 

5605.3A cultivation center or dispensary that has had its registration renewal denied, or revoked, or is going out of business may obtain approval from the Department by submitting a written request to sell and transport medical marijuana to another cultivation center or dispensary.  The Department shall notify MPD of such approval prior to any medical marijuana being transported to another cultivation center or dispensary.

 

5605.4A cultivation center or dispensary shall report any stolen or lost medical marijuana by filing a police report by calling 911 or in person with the Police District where the registered business resides either in person or in writing within twenty-four (24) hours of becoming aware of the theft or loss.

 

5605.5For purposes of this section, “unused or surplus medical marijuana” shall be defined as any harvested or unharvested marijuana, both processed and unprocessed, which is possessed by a cultivation center or dispensary and includes:

 

(a)Any marijuana plants possessed by a cultivation center in excess of the authorized plant limitation;

 

(b) Any marijuana that has spoiled or is unusable for medical purposes;

 

(c) Any marijuana possessed by a dispensary in excess of the amount needed to supply all of the dispensary’s qualified patients for a one (1) month period; and 

 

(d)Any marijuana that has or appears to have been tampered with.

 

5605.6The Department, in its discretion, may allow a dispensary to possess a surplus of medical marijuana for a period of time, if it is shown that there is a likelihood that additional qualifying patients or caregivers will register with the dispensary.

 

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, 10201(December 2, 2011).