Section 22-C6201. REVOCATION, SUSPENSION, OR FINES- GENERAL PROVISIONS

 

6201.1Except in the case of a summary suspension action, the Department shall not revoke or suspend a registration until the holder of the registration has been given an opportunity to be heard in his or her defense.

 

6201.2If a registration is revoked or suspended, no part of the registration fee shall be returned.

 

6201.3If the Department revokes a registration for a cultivation center or dispensary, no registration shall be issued to the same person or persons whose registration is so revoked for the same or any other location for five (5) years following the revocation, except as provided below.

 

6201.4If the Department revokes a manager's registration or a registration for a person other than a cultivation center or dispensary, a manager's registration or individual registration shall not be issued to the same person for two (2) years.

 

6201.5This section shall not apply to registrations revoked by the Department for the convenience of the District.

 

6201.6The Department may fine, suspend, or revoke the registration of any registration holder during the registration period if:

 

(a)The registration holder violates any of the provisions of the Act or this subtitle;

 

(b)The registration holder allows the registered establishment to be used for any unlawful or disorderly purpose;

 

(c)The registration holder fails to supervise in person, or through a manager approved by the Department, the business for which the registration was issued;

 

(d)The registration holder fails or refuses to allow a Department investigator, a designated agent of the Department, or a member of MPD to enter or inspect without delay the registered premises or examine the books and records of the business, or otherwise interferes with an investigation; or

 

(e)The registration holder fails to follow its security plan.

 

6201.7The Department may revoke the registration of a registration holder as a result of any of the following events during the period for which the registration was issued:

 

(a)The registration holder knowingly or recklessly sells or distributes medical marijuana to an unregistered patient;

 

(b)The registration holder knowingly or recklessly purchases marijuana from an unregistered cultivation center or dispensary;

 

(c) The registration holder knowingly or recklessly makes a false or misleading statement to the Department or in any affidavit or application that they submit to the Mayor;

 

(d)The registration holder unlawfully interferes or impedes in an inspection of their premises conducted by a Department investigator or MPD; or

 

(e)The registration holder permits or encourages the consumption of medical marijuana on their premises.  Repeated violations for permitting the consumption of medical marijuana on the registered premises shall be considered evidence of encouragement.

 

6201.8 The Department of Health (Department) may impose sanctions and civil fines under the Civil Infractions Act for any infraction under this subtitle, not to exceed two thousand dollars ($2,000) per first offense violation.

 

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, 10226 (December 2, 2011).