5736500 Health, Department of- Emergency and Proposed Rulemaking - Amending the Medical Marijuana regulations enabling physicians to request an exemption for a patient to receive greater than the equivalent of 2 ounces in a non-dried form.
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DEPARTMENT OF HEALTH
NOTICE OF EMERGENCY AND PROPOSED RULEMAKING
The Director of the Department of Health, pursuant to Sections 4(a) and 14 of the Legalization of Marijuana for Medical Treatment Amendment Act of 2010, effective July 27, 2010 (D.C. Law 18-210; D.C. Official Code §§ 7-1671.03(a) and 7-1671.13 (2012 Repl.)) respectively, and Mayor’s Order 2011-71, dated April 13, 2011, hereby gives notice of the adoption of, on an emergency basis, the following amendments to Chapter 3 (Use of Medical Marijuana) of Subtitle C (Medical Marijuana), Title 22 (Health), of the District of Columbia Municipal Regulations (DCMR).
This emergency action is necessary to the public health, welfare, and safety in order to address the needs of patients suffering from medical conditions which, based on their physician’s recommendation, need to receive medical marijuana, in non-dried forms, in excess of the equivalent of two (2) ounces of dried medical marijuana within a thirty (30) day period.
This emergency rule was adopted on October 15, 2015, and became effective on that date. The emergency rule will expire one hundred twenty (120) days from the date of adoption (February 11, 2016), or upon publication of a Notice of Final Rulemaking in the D.C. Register, whichever occurs first.
The Director of the Department of Health also gives notice of her intent to adopt this rule, in final, in not less than thirty (30) days from the date of publication of this notice in the D.C. Register, and upon completion of the thirty (30)-day Council period of review if the Council does not act earlier to adopt a resolution approving the rules.
Chapter 3, USE OF MEDICAL MARIJUANA, of Title 22-C, MEDICAL MARIJUANA, is amended as follows:
Section 300, USE BY QUALIFYING PATIENT, TRANSPORTATION BY CAREGIVER, AND LIMITATIONS ON MEDICAL MARIJUANA, is amended as follows:
Subsection 300.9 is amended to read as follows:
300.9 Except as provided in § 300.10, the maximum amount of medical marijuana any qualifying patient or caregiver may possess at any time is:
(a) Two (2) ounces of dried medical marijuana; or
(b) The equivalent of two (2) ounces of dried medical marijuana when sold in any other form.
The current Subsections 300.10-300.13 are renumbered as 300.11-300.14.
A new Subsection 300.10 is added to read as follows:
300.10 A qualifying patient may petition the Director for approval to possess more than the equivalent of two (2) ounces of dried medical marijuana in a form other than dried by submitting the following to the Department:
(a) A written request from the qualifying patient’s recommending physician containing:
(1) The qualifying patient’s name and age;
(2) The qualifying patient’s clinical diagnosis;
(3) The qualifying patient’s clinical history;
(4) The physician’s treatment plan for the qualifying patient including the duration of treatment;
(5) The reason that the waiver is being requested;
(6) The recommended form of medical marijuana;
(7) The recommended amount, concentration, or dosage of medical marijuana that the qualifying patient needs within a thirty (30) day period; and
(b) Any other information requested by the Department.
All persons desiring to comment on the subject matter of this proposed rulemaking action shall submit written comments, not later than thirty (30) days after the date of publication of this notice in the D.C. Register, to Phillip Husband, General Counsel, Department of Health, Office of the General Counsel, 899 North Capitol Street, N.E., 5th Floor, Washington, D.C. 20002. Copies of the proposed rules may be obtained between the hours of 8:00 a.m. and 4:00 p.m. at the address listed above, or by contacting Angli Black, Administrative Assistant, at Angli.Black@dc.gov, (202) 442-5977.
