DISTRICT OF COLUMBIA MUNICIPAL REGULATIONS FOR THE MEDICAL CANNABIS PROGRAM
RETAIL STORES
5601 POSTING OF IDENTIFICATION REQUIREMENT BY DISPENSARY
5601.1 The notice required to be posted by the dispensary shall state that no person shall
be sold medical marijuana who does not produce both:
(a) A valid registration card issued by the Department; and
(b) A valid government issued photo identification document displaying proof
of age that matches the name on the registration card.
5602 HOURS OF OPERATION AND SALE
5602.1 A registered medical marijuana dispensary may operate and sell medical
marijuana on any day and at any time except between the hours of 9:00 p.m. and
7:00 a.m.
5602.2 A registered cultivation center shall not be open to the public. In the event that a
registered cultivation center and registered dispensary are located in the same
building, the portion of the building occupied by the cultivation center shall be
closed to the public. A cultivation center may operate its business twenty-four
(24) hours a day. A registered cultivation center or its contracted agent may
deliver to medical marijuana dispensaries on any day and at any time except
between the hours of 9:00 p.m. and 7:00 a.m. A registered cultivation center shall
permit only a registered director, officer, member, incorporator, agent, manager,
employee, or government or law enforcement official on the registered premises.
5602.3 The Department may further limit the hours of operation for a cultivation center
or dispensary on a case-by-case basis as a condition of registration in response to
written comments received from an ANC in the affected ward, or as the result of
the dispensary or cultivation center’s failure to comply with the Act, or these
regulations.
5603 LOCKING AND SECURING OF MEDICAL MARIJUANA DURING
NON-OPERATING HOURS
5603.1 A registered dispensary or cultivation center shall keep all medical marijuana
located on the premises in a separate storage area which is securely closed and
locked during all hours when the establishment is prohibited from operating or is
closed. The storage area shall have a volumetric intrusion detection device(s)
installed and connected to the facility intrusion detection system.
5603.2 A cultivation center or dispensary shall be required to install and use a safe for
overnight storage of any processed marijuana, transaction records, and cash on the
registered premises. The safe shall be a UL listed burglar-proof safe with a
minimum rating of TL-30. Safes weighing less than seven hundred fifty pounds
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(750 lb.) shall be installed in a steel clad concrete block or otherwise securely
anchored to a fixed part of the facility structure.
5604 MANAGER'S REGISTRATION
5604.1 In the absence of an owner, a cultivation center or dispensary shall have a
Department approved manager present at the registered premises during the hours
that the cultivation center or dispensary is open.
5604.2 An applicant for a Manager's registration shall submit an application to the
Department on the prescribed form and pay the required fee.
5604.3 If a registered cultivation center or dispensary has designated a person to manage
the registered business, each manager shall be the holder of a valid Manager's
registration which shall be renewable each year.
5604.4 A Manager's registration shall remain valid until surrendered, expired, suspended,
or revoked.
5604.5 An applicant for a Manager's registration shall be subject to the requirements of §
5409 and the approval of the Department.
5604.6 Prior to issuance of a Manager's registration, an applicant shall certify that he or
she has obtained and read a copy of the Act and this subtitle.
5604.7 A registered cultivation center or dispensary shall notify the Department within
seven (7) calendar days of discovering any manager's arrest or conviction for any
crime other than minor traffic violations.
5604.8 Failure by the applicant to comply with § 5604.7, may, in the discretion of the
Department, cause the applicant's registration to be suspended or revoked.
5604.9 A registered cultivation center or dispensary may file a written request with the
Department that an applicant for a Manager's registration who has not completed
a medical marijuana training and education certification program be issued a
temporary Manager's registration. The written request shall set forth the name of
the registered establishment, the trade name, the address of the establishment, the
name of the applicant for the Manager's registration, and the reason why the
issuance of the temporary Manager's registration is necessary. Such temporary
authority shall cease after thirty (30) days or upon the approval or denial of the
Manager's registration application.
5700 SALE AND PURCHASE OF MEDICIAL MARIJUANA BY
DISPENSARIES
5700.1 It shall be unlawful for a registered medical marijuana dispensary to receive or
purchase medical marijuana from a source other than a cultivation center
registered in the District of Columbia.
5700.2 A dispensary shall not be permitted to offer for sale, sell, or solicit an order for
medical marijuana in person except within the registered premises. Nothing in
this subsection shall preclude a dispensary from providing (1) educational
information regarding medical marijuana to a physician or (2) necessary
information to qualifying patients over the telephone or on-line including the
availability at the dispensary of particular types of medical marijuana
recommended by the qualifying patient’s physician.
5700.3 A dispensary shall not be permitted to receive or purchase medical marijuana
from a person other than a cultivation center registered in the District.
5705 PROHIBITION REGARDING ON-PREMISE CONSUMPTION
5705.1 A cultivation center or dispensary shall not permit the consumption of medical
marijuana at the registered premises in any form. The dispensary or cultivation
center shall dispense or distribute medical marijuana in a closed container that
shall not be opened after sale, or the contents consumed, on the premises where
sold. A dispensary may exhibit for display purposes only clear jars of medical
marijuana to assist qualified patients in making informed purchase making
decisions.
5705.2 It shall be a violation of this subtitle for a cultivation center or dispensary to have
on the registered premises any medical marijuana or marijuana paraphernalia that
shows evidence of the medical marijuana having been consumed or partially
consumed.
5706 TIE-IN PURCHASES PROHIBITED
5706.1 A cultivation center shall not require, directly or indirectly, a dispensary to
purchase any type of medical marijuana or other commodity in order to purchase
any other medical marijuana product.
5707 MINIMUM AGE AND ENTRY REQUIREMENTS
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5707.1 A person under twenty-one (21) years of age shall not be employed by a
dispensary to sell or dispense medical marijuana.
5707.2 A person under twenty-one (21) years of age shall not be employed by a
cultivation center to grow or cultivate medical marijuana.
5707.3 A person under the age of eighteen (18) shall be precluded from purchasing
medical marijuana from a dispensary unless he or she is a qualified patient and is
in the presence of a parent or guardian.
5707.4 A dispensary may prohibit an individual who is not a qualifying patient,
caregiver, or on official government business from entering or remaining on the
registered premises.
5708 COMPENSATION OR GIFTS TO PHYSICIANS
5708.1 It shall be a violation of this subtitle for a cultivation center or dispensary, or a
director, officer, member, incorporator, agent, or employee of a cultivation center
or dispensary to provide financial compensation, an office, or anything of value to
a physician who recommends the use of medical marijuana.
5708.2 A cultivation center shall not be permitted to hold educational seminars, classes,
or discussions regarding medical marijuana for physicians.
5709 MEDICAL MARIJUANA AND PARAPHERNALIA RESTRICTIONS
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.
5709.2 A dispensary shall dispense medical marijuana and distribute paraphernalia only
to a qualifying patient or caregiver, if the qualifying patient is registered to
receive medical marijuana from that dispensary.
5710 VISIBILITY
5710.1 A dispensary or cultivation center shall not permit medical marijuana or
paraphernalia to be visible from any public or other property not owned by the
dispensary or cultivation center.
5800 SIGN ADVERTISING
5800.1 Advertisements relating to the prices of medical marijuana shall not be displayed
in the window of a registered establishment.
5800.2 Advertisements relating to medical marijuana shall not be displayed on the
exterior of any window or on the exterior or interior of any door.
5800.3 No sign advertising medical marijuana on the exterior or visible from the exterior
of any registered establishment or elsewhere in the District shall be illuminated at
any time.
5801 PROHIBITED STATEMENTS
5801.1 A registered cultivation center or dispensary shall not use any picture or
illustration that depicts a child or immature person, or objects (such as toys),
suggestive of the presence of a child, and any statement, design, device, picture,
or illustration designed to be especially appealing to children or immature
persons.
5801.2 A statement that is known by the dispensary or cultivation center to be false or
misleading with respect to advertised price charged to the qualified patient,
ingredients of medical marijuana, source of manufacturer, or statements as to
health benefits, shall be prohibited.
5801.3 A statement that encourages the use or purchase of medical marijuana without a
registration card shall be prohibited.
5900 CULTIVATION CENTER BOOKS AND RECORDS
5900.1 Each registered cultivation center shall keep and maintain upon the registered
premises true, complete, legible, and current books and records, including the
following:
(a) The date of each sale to a dispensary;
(b) The name, address, and registration number of the dispensary;
(c) The quantity of medical marijuana and paraphernalia sold to the
dispensary;
(d) The price charged and the amount received for the medical marijuana
from the dispensary;
(e) The quantity and form of medical marijuana maintained at the cultivation
center on a daily basis; and
(f) The amount of plants being grown at the cultivation center on a daily
Basis.
5900.2 These books and records shall be maintained by the cultivation center for a period
of four (4) years.
5901 CULTIVATION CENTER INVOICES
5901.1 With each sale of medical marijuana, the cultivation center shall cause to be made
in duplicate an invoice of the sale showing the following information:
(a) The date of each sale to a dispensary;
(b) The name, address, and registration number of the dispensary;
(c) The form and quantity of medical marijuana and paraphernalia in each
sale;
(d) The price of each item in each sale with the total price; and
(e) A true, accurate, legible, and complete statement of the terms and
conditions on which the sale is made.
5901.2 With each sale, the invoice shall be prepared in duplicate, and shall be
consecutively numbered.
5901.3 All invoices and delivery slips shall be systematically filed and maintained for a
period of four (4) years from date of delivery.
5902 DISPENSARY BOOKS AND RECORDS
5902.1 Each registered dispensary shall keep and maintain upon the registered premises,
true, complete, and current books and records which include invoices that
adequately and fully reflect all purchases and sales of medical marijuana made to
and by the dispensary.
5902.2 Records shall include and distinctly show the following information:
(a) The quantity, form, and price of medical marijuana and paraphernalia
purchased from a cultivation center in each purchase;
(b) The date and time of delivery of each purchase from a cultivation center;
(c) The date and time of each sale to a qualified patient or caregiver;
(d) The quantity, form, and price of medical marijuana distributed or
dispensed to the qualified patient or caregiver;
(e) The consideration given by the qualified patient or caregiver for the
medical marijuana;
(f) The name, address, and card number of the qualified patient or caregiver
of the medical marijuana;
(g) The name, initials, or employee identification number of the person who
dispensed or sold the medical marijuana; and
(h) The quantity of medical marijuana still available for sale at the dispensary.
5902.3 All invoices and delivery slips shall be systematically filed and maintained for a
period of four (4) years from date of delivery and shall show a true, accurate,
legible, and complete statement of terms and conditions on which each purchase
was made.
5904 DISPENSARY REPORTS
5904.1 This section shall apply to registered dispensaries.
5904.2 On or before the thirtieth (30th) day of July and January, furnish to the Department
on a form to be prescribed by the Department a statement under oath showing the
following information:
(a) The quantity and price of medical marijuana distributed or dispensed to
qualified patients and caregivers during the preceding six (6) months;
(b) The dispensary’s total expenditures for distributing or dispensing medical
marijuana during the preceding six (6) months;
(c) The dispensary’s total amount of receipts for the sale of medical
marijuana;
(d) The quantity of paraphernalia sold by the dispensary during the preceding
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six (6) months;
(e) The dispensary’s gross revenue based upon its medical marijuana and
paraphernalia sales during the preceding six (6) months;
(f) The amount of sales tax reported by the dispensary to OTR during the
preceding six (6) months;
(g) The amount of medical marijuana that was destroyed or disposed of
during the preceding six (6) months;
(h) Certification from MPD that the medical marijuana was relinquished for
destruction or disposal;
(i) The quantity of medical marijuana still available for sale at the dispensary
on the date the report is filed with the Mayor;
(j) The name, address, home telephone number, and date of birth of each
current employee; and
(k) An affidavit executed by an individual registrant, partner of an applicant
partnership, or the appropriate officer of an applicant corporation, attesting
to the truth of the submitted report.
5904.3 The making of a false statement on a submitted report, with the knowledge of the
registered dispensary, shall constitute grounds on which the Department may
deny the renewal of the registration, or subsequently revoke the registration, when
the renewal of the registration is based wholly or in part on the contents of the
false statement.
Manufacturers
5607 LABELING AND PACKAGING OF MEDICAL MARIJUANA
5607.1 No medical marijuana shall be dispensed or distributed to a qualifying patient or
caregiver unless the container in which it is distributed bears a legible label,
firmly affixed, stating:
(a) The name of the cultivation center where the medical marijuana was
produced and the manufacture date;
(b) The name of the dispensary where the medical marijuana was dispensed;
(c) The quantity of medical marijuana contained within;
(d) The cannabinoid profile of the medical marijuana contained within,
including the THC level;
(e) Any other ingredient or ingredients besides medical marijuana contained
within;
(f) The name of the recommending physician;
(g) The dispensing date that the medical marijuana was transferred to the
qualified patient or caregiver;
(h) The qualifying patient’s name and registration card number; and
(i) A statement that the product is for medical use, not for resale or transfer to
another person, containing the following language: “Contains Marijuana.
Keep out of the reach of children.”
5607.2 All medical marijuana sold or otherwise distributed by a cultivation center shall
be packaged and labeled in a manner that advises the purchaser that it contains
marijuana, specifies the amount of marijuana in the product, and that the
marijuana is intended for medical use solely by the patient to whom it is sold, and
that any re-sale or re-distribution of the medical marijuana to a third person is
prohibited.
5607.3 The label shall include all ingredients contained in the product, in order from most
abundant to least abundant. The label for ingestible items shall identify potential
food allergy ingredients, including milk, eggs, fish, shellfish, tree nuts, peanuts,
wheat and soybeans. The product shall be packaged in a sealed container that
cannot be opened without obvious damage to the packaging.
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5607.4 The label shall contain the following warning: “There may be health risks
associated with the ingestion or use of this product.” Please consult your
physician if you have any questions or concerns.
5607.5 All medical marijuana shall be labeled with a list of all chemical additives,
including but not limited to non-organic and organic pesticides, herbicides and
fertilizers that were used in the cultivation and production of the medical
marijuana.
5607.6 A cultivation center may place a trade or product name on the medical marijuana
container prior to transporting it to a dispensary.
5607.7 The label shall not contain any of the following information:
(a) Any false or misleading statement or design; or
(b) Any seal, flag, crest, coat of arms, or other insignia likely to mislead the
qualified patient to believe that the product has been endorsed, made, or
used by the District government.
5607.8 A cultivation center or dispensary shall not alter, obliterate, or destroy any label
attached to a medical marijuana container.
5607.9 A dispensary shall place for transport purposes packaged and labeled medical
marijuana in a separate sealed container prior to dispensing medical marijuana to
a qualified patient or caregiver. This separate sealed container shall comply with
these regulations and include a label containing the following required
information contained in § 5607.1:
(a) The dispensing date the medical marijuana was transferred to the
qualifying patient or caregiver; and
(b) The qualifying patient’s name and registration card number.
5607.10 A cultivation center or dispensary shall not use the word(s) “candy” or “candies”
on the product, packaging, or labeling of any medical marijuana product.
5607.11 A cultivation center or dispensary shall not place any content, image, or labeling
that specifically targets individuals under the age of twenty-one (21), including
but not limited to, cartoon characters or similar images, on the product,
packaging, or a container holding medical marijuana.
5607.12 A cultivation center that produces edible marijuana products or marijuana-infused
products shall ensure that all edible marijuana products or marijuana-infused
products offered for sale:
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(a) Are labeled clearly and unambiguously as medical marijuana;
(b) Are not presented in packaging or with labeling that is appealing to
children; and
(c) Have packaging designed or constructed to be significantly difficult for
children under five (5) years of age to open, but not normally difficult for
adults to use properly.
5607.13 A cultivation center or dispensary shall not use or allow the use of any content,
image, or labeling on a medical marijuana product that is offered for sale if the
container does not precisely and clearly indicate the nature of the contents or that
in any way may deceive a customer as to the nature, composition, quantity, age,
or quality of the product.
5607.14 Packaging of edible medical marijuana products or medical marijuana-infused
products shall not bear any:
(a) Resemblance to the trademarked, characteristic or product-specialized
packaging of any commercially available candy, snack, baked good or
beverage;
(b) Statement, artwork or design that could reasonably mislead any person to
believe that the package contains anything other an edible medical
marijuana product or medical marijuana-infused products; or
(c) Seal, flag, crest, coat of arms, or other insignia that could reasonably
mislead any person to believe that the product has been endorsed,
manufactured, or used by any state, county or municipality or any agency
thereof.
5607.15 The Director may prohibit a cultivation center or dispensary from selling any
medical marijuana product upon a finding by the Director that the product is
deceptively labeled or branded in a manner which is misleading about its content
or that contains injurious or adulterated ingredients.
5607.16 In addition to the other labeling requirements of this section, all edible marijuana
products, and marijuana-infused products shall be labeled in accordance with 16
C.F.R. Part 1700 (2016), Poison prevention packaging; 21 C.F.R. Part 101 (2016),
Food Labeling, as specified in Section 1102 of the District Food Code
Regulations (Title 25-A DCMR).
5607.17 A dispensary shall submit its labeling to the Mayor for approval and record. The
Mayor shall transmit the final dispensary labeling designs to MPD.
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5608 INGESTIBLE ITEMS
5608.1 The production of any medical marijuana distributed by a dispensary in an edible
form, or other form which is intended to enter the body of a patient, shall be
prepared at a cultivation center facility that meets all requirements of a retail food
establishment, including any Department licensing and/or certification
requirements. The production of any product containing medical marijuana shall
comply with all District of Columbia health regulations relating to the production,
preparation, and sale of prepared food items.
5608.2 Marijuana-infused products that require cooking or baking by the consumer are
prohibited.
5608.3 Marijuana-infused products that are especially appealing to children are
prohibited.
5608.4 Marijuana-infused edible products such as, but not limited to, gummy candies,
lollipops, cotton candy, or brightly colored products, are prohibited.
5608.5 A cultivation center shall not process or transfer a marijuana item:
(a) That by its shape, design or flavor is likely to appeal to minors, including
but not limited to:
(1) Products that are modeled after non-cannabis products primarily
consumed by and marketed to children; or
(2) Products in the shape of an animal, vehicle, person or character;
(b) That is made by applying cannabinoid concentrates or extracts to
commercially available candy or snack food items;
(c) That contains dimethyl sulfoxide (DMSO).
5609 PERMITTED FORMS OF MEDICAL MARIJUANA
5609.1 Dispensaries and cultivation centers may dispense or distribute medical marijuana
in any form deemed safe which allows patients to eat, inhale, or otherwise use
medical marijuana for medical purposes. Medical marijuana shall be subject to
testing for quality assurance and safety purposes.
SECURITY PLAN/SOP
5610 ELECTRONIC RECORDING SECURITY AND ALARM SYSTEM
5610.1 A dispensary or cultivation center shall be required to operate and maintain in
good working order a twenty-four (24) hour, seven (7) days a week, a closed-
circuit television (CCTV) surveillance system on the premises that complies with
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the following minimum standards:
(a) Visually records and monitors all building entrances and exits, all parking
lot areas, rear alley areas immediately adjacent to the building, and covers
the entire inside of the facility, including all limited access areas, and
including all areas where medical marijuana is cultivated, stored,
dispensed, or destroyed. Fixed cameras shall be installed to provide a
consistent recorded image of these areas. The cultivation center or
dispensary shall instruct the company or individuals installing the
surveillance cameras to maximize the quality of facial and body images
and to avoid backlighting and physical obstructions;
(b) Cameras installed outdoors and in low-light interior areas shall be
day/night cameras with a minimum resolution of six hundred (600) lines
per inch (analog) or D1 (IP) and a minimum light factor requirement of
seven tenths (0.7) LUX. The installation of additional lighting may be
required to increase picture clarity and brightness. Cameras shall be
calibrated and focused to maximize the quality of the recorded image;
(c) The recording device shall be a digital video recorder that meets the
following minimum standards:
(1) Displays a date and time stamp on all recorded video; and
(2) Can produce a video disc (CD/DVD) directly from the DVR unit
using an installed media recording drive. The video on the disc
shall be viewable on any Windows PC, and include any required
player software on the disc;
(d) A display monitor with a minimum screen size of twelve inches (12 in.)
inches shall be connected to the electronic recording security system at all
times;
(e) Electronic recording security systems are required to be maintained in
good working order at all times. The owner of a cultivation center or
dispensary shall instruct each manager, employee, or agent overseeing the
functioning of the video recording security system to immediately report
any malfunctioning or technical problems with the system;
(f) Security recordings shall meet the following minimum requirements:
(1) The recorded image resolution shall be at least D1; and
(2) The recorded image frame rate shall be at least three (3) frames per
second during alarm or motion based recording.
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(g) Security recordings shall be retained by the cultivation center or
dispensary for a minimum of thirty (30) days. The recording system for
the security cameras must be located in a locked, tamper-proof
compartment. A cultivation center or dispensary shall be prohibited from
taping over existing security video from the last thirty (30) days; and
(h) Upon request, the recording shall be turned over to MPD or the
Department.
5610.2 A dispensary or cultivation center shall install, maintain, and use a professionally
monitored robbery and burglary alarm system; which meet the following
requirements:
(a) The control panel shall be a UL listed burglar alarm control panel;
(b) The system shall report to a UL listed central monitoring station;
(c) A test signal shall be transmitted to the central station every twenty-four
(24) hours;
(d) At a minimum, the system shall provide coverage of all facility entrances
and exits, rooms with exterior windows, rooms with exterior walls or
walls shared with other facility tenants, roof hatches, skylights, and
storage room(s) that contain safe(s);
(e) The system shall include at least one (1) holdup alarm for staff use; and
(f) The system shall be inspected and all devices tested annually by a
qualified alarm vendor.
5610.3 A dispensary or cultivation center shall maintain for a period of three (3) years
reports of incidents that triggered an alarm. Such reports shall be made available
to the Department during any inspection of the facility. A dispensary or
cultivation center shall notify the Department by electronic means within twenty-
four (24) hours of any incident in which a theft, burglary, robbery, or break in
occurred, whether or not items were actually removed from the facility. The
facility manager shall follow up the initial notice with a written report describing
in detail the factual circumstances surrounding the incident and include an
inventory of all stolen items, if applicable
CULTIVATORS
5620 CULTIVATION STANDARDS
5620.1 In the course of producing and growing medical marijuana, a cultivation center is
forbidden from using any of the following substances or techniques:
(a) Synthetic pesticides (for example defoliants and desiccants, fungicides,
insecticides and rodenticides), or wood preservatives (such as arsenate);
(b) Fertilizer or composted plant and animal material that contains a substance
prohibited by this section;
(c) Sewage sludge, in any form, as a soil amendment;
(d) Synthetic growth regulators;
(e) Synthetic allopathic veterinary drugs, including antibiotics and
parasiticides;
(f) Synthetic processing substances, aids and ingredients, and food additives
and processing aids including sulphates, nitrates and nitrites;
(g) Equipment, packaging materials and storage containers, or bins that
contain synthetic fungicide, preservative or fumigant;
(h) Any pesticide, fungicide, fertilizer, rodenticides, or drugs banned by the
Department of Agriculture or Food and Drug Administration;
(i) Any pesticide not in compliance with Subsection 5620.6; or
(j) Any other substances or techniques deemed unlawful by the Department.
5620.2 In the course of harvesting medical marijuana, a cultivation center shall not
harvest medical marijuana before the plant is sixty (60) days old starting from the
day the seed or clone is planted.
5620.3 The prohibition on “synthetic growth regulators” shall not preclude a cultivation
center from using artificial lighting or lighting equipment.
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5620.4 A cultivation center shall obtain written approval from the Director before
engaging in the use of butane or other explosive gases to extract or separate resin
or tetrahydrocannabinol from marijuana or to produce or process any form of
marijuana concentrates or marijuana-infused product.
5620.5 In reviewing a request for the use of butane or other explosive gases, the Director
may consult with subject matter experts in the field, the Department of Fire and
Emergency Medical Services, and the Department of Energy and Environment as
to the safety and sufficiency of the cultivation center’s proposal.
5620.6 Pesticides may be legally used on medical marijuana by cultivation centers under
the following criteria:
(a) Any pesticide used in the cultivation of medical marijuana must be
registered with the Department of Energy and Environment.
(b) The use of any pesticide used in the cultivation of medical marijuana must
comply with the regulations promulgated by the Department of Energy
and Environment.
(c) Any pesticide registered with the Department of Energy and Environment
may be used in accordance with its label or labeling directions for the
cultivation of medical marijuana in the District of Columbia under the
following conditions:
(1) For products registered by the Environmental Protection Agency
under Section 3 of the Federal Insecticide, Fungicide, and
Rodenticide Act:
(i) All active ingredients of the pesticide product are exempt
from the requirements of a tolerance, as established under
40 CFR Part 180, Subparts D and E;
(ii) The pesticide product label allows use on the intended site
of application;
(iii) The pesticide product label expressly allows use on crops
or plants intended for human consumption; and
(iv) The active ingredients of the pesticide product are allowed
for use on tobacco by the Environmental Protection
Agency;
(2) Notwithstanding § 5620.6(b) and subject to the authority of the
Department of Energy and Environment, the Director of the
Department of Health has the authority to permit the use of a
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pesticide product that does not expressly allow use on crops
intended for human consumption if:
(i) The active and inert ingredients are exempt under 40 CFR
Part 180, Subparts D and E;
(ii) The pesticide product label allows use on the intended site
of application; and
(iii) The active ingredients of the pesticide product are allowed
for use on tobacco;
(3) The pesticide product label specifically allows use on medical
marijuana;
(4) For 25(b) minimum risk pesticide products as defined in 40 CFR §
152.25(f), the pesticide product label allows use on the intended
site of application and allows use on crops or plants intended for
human consumption;
(5) For pesticide products with a District of Columbia Special Local
Need registration, issued under Section 24(c) of the Federal
Insecticide, Fungicide and Rodenticide Act, the District of
Columbia Special Local Need label allows use on medical
marijuana.
(c) The Director of the Department of Health may prohibit the use of any
pesticide product for the cultivation of medical marijuana if the Director
of the Department of Health determines that such use poses a significant
threat to public health and safety or the environment.
5620.7 The use of any pesticide not specifically tested, labeled and assigned a tolerance
for use on medical marijuana is not recommended by the District of Columbia
because the health effects on consumers are unknown.
5620.8 To assist medical marijuana cultivation centers, the Department of Health may
publish a list of pesticides that it has determined meet these criteria.
5621 TRANSPORT OF MEDICAL MARIJUANA
5621.1 A cultivation center shall obtain from the Department a transport permit to
transport within the District of Columbia medical marijuana to registered
dispensaries. An original transport permit shall be required for each vehicle being
designated by the cultivation center or its contracted agent to be authorized to
deliver medical marijuana to registered dispensaries.
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Updated January 9, 2018 Page 95
5621.2 A cultivation center or its contracted agent shall not transport medical marijuana
within the District of Columbia without an original transport permit. A
cultivation center shall permit only an employee, director, officer, member,
incorporator, or agent registered with the Department or its contracted agent to
transport medical marijuana to a registered dispensary.
5621.3 Upon demand by an MPD officer or Department investigator, the registered
person in charge of the transportation for the cultivation center or its contracted
agent shall exhibit to the MPD officer or Department investigator an original
transport permit.
5903 CULTIVATION CENTER REPORTS
5903.1 This section shall apply to registered cultivation centers.
5903.2 Registration holders subject to this section shall, on or before the thirtieth (30th)
day of July and January, furnish to the Department on a form to be prescribed by
the Department a statement under oath showing the following information:
(a) The quantity of each medical marijuana product manufactured by the
cultivation center during the preceding six (6) months;
(b) The quantity of each medical marijuana product sold by the cultivation
center during the preceding six (6) months;
(c) The quantity of paraphernalia manufactured by the cultivation center
during the preceding six (6) months;
(d) The quantity and price of paraphernalia sold by the cultivation center
during the preceding six (6) months;
(e) The amount of medical marijuana destroyed or disposed of during the
preceding six (6) months;
(f) Certification from MPD that medical marijuana that was cultivated was
relinquished for destruction or disposal;
Title 22-C District of Columbia Municipal Regulations
Updated January 9, 2018 Page 101
(g) The cultivation’s center’s total expenditures for manufacturing medical
marijuana during the preceding six (6) months;
(h) The cultivation center’s total amount of sales of medical marijuana during
the preceding six (6) months;
(i) The cultivation center’s gross revenue based upon its medical marijuana
sales during the preceding six (6) months;
(j) The amount of sales tax reported by the cultivation center to Office of Tax
and Revenue (OTR) during the preceding six (6) months;
(k) The quantity of medical marijuana still available for sale at the cultivation
center to a dispensary on the date the report is filed with the Mayor;
(l) The name, address, home telephone number, and date of birth of each
current employee; and
(m) An affidavit executed by an individual registrant, partner of an applicant
partnership, or the appropriate officer of an applicant corporation, attesting
to the truth of the submitted report.
5903.3 The making of a false statement on a submitted report, with the knowledge of the
registered cultivation center, shall constitute grounds on which the Department
may deny the renewal of the registration, or subsequently revoke the registration,
when the renewal of the registration is based wholly or in part on the contents of
the false statement.