6203652 Health, Department of - Notice of Proposed Rulemaking - To increase the amount of medical marijuana that may be possessed or dispensed within a 30 day period to 4 ounces.

DEPARTMENT OF HEALTH

 

NOTICE OF PROPOSED RULEMAKING

 

The Director of the Department of Health, pursuant to Sections 4(a), 7(e)(1) 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 intent to adopt the following amendments to Chapter 3 (Use of Medical Marijuana) of Title 22 (Health), Subtitle C (Medical Marijuana), of the District of Columbia Municipal Regulations (DCMR), 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.

 

This action is being taken in order to implement the provisions of Sections 4(a) and 7(e)(1) 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.)), which allow the Mayor to increase, through rulemaking the quantity of medical marijuana that a patient may possess and that a dispensary may dispense within a thirty (30) day time period to four (4) ounces, to address the needs of patients suffering from medical conditions which need to receive medical marijuana in excess of the current limit of two (2) ounces, and in consideration of the recommendations made by the Medical Marijuana Program Advisory Committee’s Scientific Subcommittee and the Intergovernmental Subcommittee.

 

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               The maximum amount of medical marijuana any qualifying patient or caregiver may possess at any time is:

 

(a)        Four (4) ounces of dried medical marijuana; or

 

(b)        The equivalent of four (4) ounces of dried medical marijuana when sold in any other form.

 

Subsection 300.10 is repealed.

 

Chapter 57, PROHIBITED AND RESTRICTED ACTIVITIES, is amended as follows:

 

Section 5709, MEDICAL MARIJUANA AND PARAPHERNALIA RESTRICTIONS, is amended as follows:

 

Subsection 5709.1 is amended to read as follows:

 

5709.1             A dispensary shall not provide a qualified patient or caregiver more than four (4) ounces of dried medical marijuana, or the equivalent of four (4) ounces of dried medical marijuana in a form other than dried, either at one (1) time or within a thirty (30) day period.

 

 

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., 5^th 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 [e-mail], [phone].