5439583 Consumer and Regulatory Affairs, Department of - Notice of Final Rulemaking - 16 DCMR 33 (Civil Infractions)

DEPARTMENT OF CONSUMER AND REGULATORY AFFAIRS

 

NOTICE OF FINAL RULEMAKING

 

The Director of the Department of Consumer and Regulatory Affairs (Director), pursuant to authority set forth in D.C. Official Code § 47-2851.20 (2012 Repl.), Section 104 of the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, effective October 5, 1985 (D.C. Law 6-42; D.C. Official Code § 2-1801.04 (2012 Repl.)), and Mayor’s Order 99-68, dated April 28, 1999, hereby gives notice of the adoption of the following amendment to Chapter 33 (Department of Consumer and Regulatory Affairs (DCRA) Infractions) of Title 16 (Consumers, Commercial Practices, and Civil Infractions) of the District of Columbia Municipal Regulations (DCMR).  

 

This rulemaking brings enforcement regulations in line with Section 301 of the District of Columbia’s Omnibus Criminal Code Amendments Act of 2012, effective June 19, 2013 (D.C. Law 19-320; 60 DCR 3390 (March 15, 2013)), which added synthetic drugs, such as synthetic marijuana and “bath salts”, to the District of Columbia’s schedule of controlled substances. This rulemaking supports various Federal Drug Enforcement Administration and Department of Justice regulations that make it illegal to buy, sell, or possess Schedule I controlled substances such as K2/Spice, synthetic drugs, or their equivalents because these substances pose an imminent hazard to public health, safety and welfare.

 

A Notice of Emergency and Proposed Rulemaking was published on April 25, 2014 at 61 DCR 4210, and a Notice of Second Emergency and Proposed Rulemaking was published on August 15, 2014 at 61 DCRA 8561.  The Council of the District of Columbia approved the rules on March 28, 2015.

 

The rulemaking was adopted as final April 6, 2015, and will become effective upon publication in the D.C Register.

 

Chapter 33, DEPARTMENT OF CONSUMER AND REGULATORY AFFAIRS (DCRA) INFRACTIONS, of Title 16 DCMR, CONSUMERS, COMMERCIAL PRACTICES, AND CIVIL INFRACTIONS, is amended as follows:

 

Section 3301, BUSINESS AND PROFESSIONAL LICENSING ADMINISTRATION INFRACTIONS, is amended as follows:

 

Subsection 3301.1is amended by adding subparagraphs (mm) and (nn) to read as follows:

 

(mm)    D.C. Official Code § 48-902.04 (schedule I synthetic drugs); or

 

(nn)      D.C Official Code § 48-902.08 (schedule III synthetic drugs).

 

 

 

 

A new Subsection 3301.5 is added to read as follows:

 

3301.5             Violation of any of the following provisions shall be a Class 1 infraction:

 

(a)                D.C. Official Code § 48-902.04 (sell, offer for sale, allow the sale of, display for sale, possess, market, trade, barter, give, devise or otherwise make or attempt to make available synthetic drugs from schedule I).

 

(b)               D.C. Official Code § 48-902.08 (sell, offer for sale, allow the sale of, display for sale, possess, market, trade, barter, give, devise or otherwise make or attempt to make available synthetic drugs from schedule III).