4900360 Health, Department of, Notice of Final Rulemaking - Adding a new Chapter 63 regarding the provision of medical marijuana on a sliding scale to eligible qualifying patients
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DEPARTMENT OF HEALTH
NOTICE OF FINAL RULEMAKING
The Director of the Department of Health, pursuant to Section 14 of the Legalization of Marijuana for Medical Treatment Amendment Act of 2010 (Act), effective July 27, 2010 (D.C. Law 18-210; D.C. Official Code §§ 7-1671.01, et seq.), and Mayor’s Order 2013-201, dated October 28, 2013, hereby gives notice of the adoption of the following amendments to Subtitle C (Medical Marijuana) of Title 22 (Public Health and Medicine) of the District of Columbia Municipal Regulations (DCMR).
This rulemaking adds a new Chapter 63, setting forth the provision of medical marijuana on a sliding scale to qualifying patients determined eligible, pursuant to § 1300.4 of this subchapter.
These rulemaking was published, as part of a larger rulemaking package, in the D.C. Register on March 29, 2013 at 60 DCR 4863. The Department considered the comments and determined that further amendments to this chapter were needed. Therefore, additional changes were made to the proposed rulemaking in §§ 6300.1-6300.3, and 6300.5-6300.6. These changes eliminate a Department controlled fund and instead place the onus on each dispensary to ensure compliance with the sliding scale program, and to submit reports demonstrating such to the Department subject to auditing and sanctions by the Department. The Notice of Second Proposed Rulemaking was published in the D.C. Register on August 16, 2013 at 60 DCR 11966, and contained revisions made as a result of considering comments submitted following the publication of the first proposed rulemaking. Written public comments were received from Capital City Care and Takoma Wellness Center, Inc. in connection with publication of the second proposed rulemaking. After consideration of the comments, no changes have been made to the rulemaking.
Following the required period of Council review, the rules were deemed approved by the D.C. Council on October 25, 2013. These final rules will be effective upon publication of this notice in the D.C. Register.
A new Chapter 63, SLIDING SCALE PROGRAM, of Subtitle C, MEDICAL MARIJUANA, is added to Title 22, PUBLIC HEALTH AND MEDICINE, of the DCMR to read as follows:
6300 SLIDING SCALE PROGRAM
6300.1 A registered dispensary shall devote two percent (2%) of its annual gross revenue to provide medical marijuana on a sliding scale to qualifying patients determined eligible pursuant to § 1300.4 of this subchapter.
6300.2 Not later than February 15th of each calendar year, each registered dispensary in the District of Columbia shall submit to the Director:
(a) A statement of its gross revenues for the previous calendar year;
(b) A statement detailing how the dispensary devoted two percent (2%) of its annual gross revenue to eligible qualifying patients on a sliding scale, which shall include:
(1) The name, patient registration number, and date of dispensing for each patient who received medical marijuana on a sliding scale during the previously calendar year; and
(2) The discounted amount provided to patients under this program; and
(c) An attestation, made under penalty of perjury, of the accuracy and truthfulness of the statements submitted pursuant to this subsection.
6300.3 A qualifying patient who establishes pursuant to § 1300.4 of this subchapter that his or her income is equal to or less than two hundred percent (200%) of the federal poverty level, shall be entitled to purchase medical marijuana directly, or through a caregiver, on a sliding scale from a registered dispensary in the District of Columbia.
6300.4 A registered dispensary shall sell medical marijuana to a qualifying patient, who is registered to purchase medical marijuana on a sliding scale, and possesses a registration card denoting such, at a discount of not less than twenty (20%) of its regular retail price.
6300.5 Not later than April 15th of each calendar year, the Department shall review the sliding scale program. As part of its review, the Department may adjust the percentage required to be devoted by dispensaries and the required discount to qualifying patients.
6300.6 The gross revenue amount to be devoted by each dispensary to the sliding scale program shall be subject to audit by the Department.
6300.7 In addition to any other applicable sanctions, any dispensary that fails to comply with the provisions of this chapter shall be subject to a civil fine under the Civil Infractions Act of two thousand dollars ($2,000.00) per offense, and each day of violation shall constitute a separate offense.
6300.8 Notwithstanding Subsection 6300.7 of this chapter, the Director may revoke the registration of a dispensary that commits egregious or multiple violations of this chapter; that uses fraud to conceal its annual gross revenue; or that submits false or misleading reports to the Director.
