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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 22. HEALTH |
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SubTilte 22-C. MEDICAL MARIJUANA |
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Chapter 22-C99. DEFINITIONS |
Section 22-C9900. DEFINITIONS
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9900.1When used in this subtitle, the following terms and phrases shall have the meanings ascribed:
Act – means the Legalization of Marijuana for Medical Treatment Initiative of 1999 (Act), effective, effective July 27, 2010 (D.C. Law 18-210; D.C. Official Code §§ 7-1671.01, et seq.(2011 Supp.)).
Administer or Administration – means the direct introduction of medical marijuana, whether by inhalation, ingestion, or any other means, into the body of a person.
ANC – means Advisory Neighborhood Commission.
Bona fide physician-patient relationship- means a relationship between a physician and patient in which the physician:
(a) Has completed a full assessment of the patient’s medical history and current medical condition, including a personal physical examination; and
(b) Has responsibility for the ongoing care and treatment of the patient.
Business applicant – means a person who has made an application to register a cultivation center, dispensary, or medical marijuana certification provider permit and who has an application pending before the Department.
Caregiver – means a person who:
(a)Is designated by a qualifying patient as the person authorized, on the qualifying patient’s behalf, to possess, obtain from a dispensary, dispense and assist in the administration of medical marijuana;
(b) Is registered with the Department as the qualifying patient’s caregiver;
(c)Is not currently serving as the caregiver for another qualifying patient; and
(d)Is at least eighteen (18) years of age.
Civil Infractions Act- means Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, effective October 5, 1985 (D.C. Law 6-42; D.C. Official Code §§ 2-1801.01, et seq. (2007 Repl. & 2011 Supp.))
Commercially manufactured food- means food prepared and/or processed in a licensed food facility.
Concentrate- means products consisting wholly or in part of the resin extracted from any part of the plant Cannabis and having a THC concentration greater than ten percent, or a substance obtained by separating cannabinoids from marijuana by:
(A) A mechanical extraction process;
(B) A chemical extraction process using a nonhydrocarbon-based solvent, such as vegetable glycerin, vegetable oils, animal fats, isopropyl alcohol or ethanol; or
(C) A chemical extraction process using the hydrocarbon-based solvent carbon dioxide, provided that the process does not involve the use of high heat or pressure.
Controlled Substances Act – means the District of Columbia Uniform Controlled Substances Act of 1981, effective August 5, 1981 (D.C. Law 4-29; D.C. Official Code §§ 48-901.02, et seq. (2009 Repl. & 2011 Supp.)).
Cultivation Center- means a facility operated by an organization or business registered with the Mayor pursuant to section 6 of the Act from or at which medical marijuana is cultivated, possessed, manufactured, and distributed in the form of medical marijuana, and paraphernalia is possessed and distributed to dispensaries.
Day – means calendar day unless specifically stated otherwise.
DCRA – means the Department of Consumer and Regulatory Affairs
Department – means the Department of Health.
Director- means the Director of the Department of Health or his or her designee or designees.
Dispensary- means a facility operated by an organization or business registered with the Mayor pursuant to section 6 of the Act from or at which medical marijuana is possessed and dispensed and paraphernalia is possessed and distributed to a qualifying patient or a caregiver.
Dispense – means to distribute medical marijuana to a qualifying patient or caregiver pursuant to the Act and the rules issued pursuant to section 14 of the Act.
Distribute – means the actual, constructive, or attempted transfer from one person to another.
Drug-related offense- means any conviction occurring in the District of Columbia, or in any State or Territory for the possession, use, sale, transfer, manufacture, or distribution of a controlled substance or drug paraphernalia.
Edible medical marijuana products- means a food or potable liquid into which a cannabinoid concentrate, cannabinoid extract or dried marijuana leaves or flowers have been incorporated, but does not include a tincture or a cannabinoid product intended to be placed under the tongue or in the mouth using a dropper or spray delivery method, such as but not limited, to a sublingual spray.
Federal Poverty Level- means the income level, which varies by household size, under which families in the continental United States are formally considered to be in poverty. The Secretary for the U.S. Department of Health and Human Services publishes a revised poverty level each year in the Federal Register.
Human consumption - means the consumption of medical marijuana by a person through oral ingestion, absorption through the skin, inhalation through smoking, vaporization or other means.
Individual Applicant – means an individual who has made an application for a manager’s registration or for registration as a director, officer, member, incorporator, agent, or employee and who has an application pending before the Department.
Letter of information – means a written request from the Department for further factual information in response to a request for an advisory opinion.
Location – means a particular parcel of land that is defined by an address or other descriptive means.
Manager – means an individual who has obtained a manager’s registration from the Department and who is designated by the cultivation center or dispensary to manage the registered premises in the absence of a registered owner.
Manufacture – means the production, preparation, propagation, compounding, conversion, or processing of marijuana, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling or re-labeling of its container.
Marijuana- shall have the same meaning as provided in section 102(3)(A) of the Controlled Substances Act.
Medical Marijuana- means marijuana cultivated, manufactured, possessed, distributed, dispensed, obtained, or administered in accordance with the Act and the rules issued pursuant to section 14 of the Act.
Medical marijuana-infused products- means products that contain marijuana or marijuana extracts, are intended for human use, are derived from marijuana, and have a THC concentration no greater than ten percent. The term “marijuana-infused products” does not include either useable medical marijuana or marijuana concentrates. The term “marijuana-infused products” does include tinctures and topicals.
Minor- means any person under eighteen (18) years of age, but does not include an emancipated minor.
MPD – means the Metropolitan Police Department.
OAG – means the Office of the Attorney General.
OAH - means the Office of Administrative Hearings.
OTR – means the Office of Tax and Revenue.Panel- means the six (6) member, composite board appointed by the Mayor responsible for evaluating, rating and scoring applications for cultivation center and dispensary registrations.
Paraphernalia – means:
(a)Objects used, intended for use, or designated for use in preparing, storing, ingesting, inhaling, or otherwise introducing medical marijuana into the human body; and
(b)Kits, objects, devices, or equipment used, intended for use, or designated for use in planting, propagating, manufacturing, cultivation, growing, harvesting, processing, or preparing medical marijuana.
Person – means a natural person, partnership, association, company, corporation, limited liability company, or organization, or a manager, agent, owner, director, officer, or employee thereof.
Physician – means an individual who is licensed and in good standing to practice medicine or osteopathy under District law.
Placards – means a written notices posted at an establishment for the purpose of notifying the public of action involving a registration application for either a cultivation center or dispensary.
Premises – means a distinct and definite location, which may include a building, a part of a building, a room, or any other definite contiguous area.
Program- means the medical marijuana program established by section 6 of the Act.
Qualifying medical condition-means:
(a)Human immunodeficiency virus;
(b)Acquired immune deficiency syndrome;
(c)Glaucoma;
(d)Conditions characterized by severe and persistent muscle spasm, such as multiple sclerosis;
(e)Cancer; or
(f)Any other condition, as determined by rulemaking, that is:
(1)Chronic or long lasting;
(2) Debilitating or interferes with the basic functions of life; and
(3)A serious medical condition for which the use of medical marijuana is beneficial:
(A) That cannot be effectively treated by any ordinary medical or surgical measure; or
(B) For which there is scientific evidence that the use of medical marijuana is likely to be significantly less addictive than the ordinary medical treatment for that condition.
Qualifying medical treatment- means:
(a)Chemotherapy;
(b)The use of azidothymidine or protease inhibitors;
(c)Radiotherapy; or
(d)Any other treatment, as determined by rulemaking, whose side effects require treatment through the administration of medical marijuana in the same manner as a qualifying medical condition.
Qualifying patient – means a resident of the District who has a qualifying medical condition or is undergoing a qualifying medical treatment.
Quorum- a majority of the appointment members of the Committee being present.
Registration period – means the period of time between the authorized beginning and expiration dates for each registration.
Residence- means a dwelling or dwelling unit in which a person lives in a particular locality with the intent to make it a fixed and permanent home.
Site - means any location or medical marijuana to which pesticide is applied.
Tincture- means a solution of alcohol, cannabinoid concentrate, or extract, which may or may not include other ingredients intended for human consumption or ingestion.
Tolerance - means a level of pesticide residue in or on food that the Environmental Protection Agency has determined with reasonable certainty will not pose a hazard to public health when used in accordance with label directions.
Topical- means a cannabinoid product intended to be applied to skin or hair.
Useable medical marijuana – means the dried leaves and flowers of the marijuana plant, and any mixture of preparation thereof, and does not include seeds, stems, stalks or roots of the plant.