300.1A qualifying patient shall only possess and administer medical marijuana, or use paraphernalia, for treatment of a qualifying medical condition or the side effects of a qualifying medical treatment after:
(a) Obtaining a signed, written recommendation from an authorized practitioner within the last 2 years in accordance with the Act, except for individuals 21 years of age and older, who shall be permitted to selfcertify on a form provided by ABCA that they are utilizing marijuana for medical purposes as part of the registration process and registering with the Board; or(b) Enrolling in another jurisdiction's medical marijuana program.300.2A qualifying patient or caregiver shall only possess, administer, or dispense medical marijuana, or possess or use paraphernalia, obtained from a dispensary registered with the Board. For purposes of D.C. Official Code §§ 7-1671.06(c), a qualifying patient or caregiver shall automatically be deemed to be registered to receive marijuana at any dispensary that is licensed by the Board.
300.3A qualifying patient or caregiver shall only transport medical marijuana in a container or sealed package bearing the label received from the dispensary.
300.4A qualifying patient or caregiver shall not administer or use medical marijuana at a dispensary, cultivation center, or testing laboratory.
300.5Medical marijuana shall not be administered by or to a qualifying patient anywhere other than:
(a) The qualifying patient's residence, if permitted;(b) If permitted, the residence of an individual who has given the qualifying patient permission to have medical marijuana administered to or to administer medical marijuana at their residence;(c) At a medical treatment facility when receiving medical care for a qualifying medical condition, if permitted by the medical facility; or(d) A school where the qualifying patient is enrolled provided the school has a policy in place for allowing the administration of medication at school and medical marijuana is administered in a non-smokable form.300.6Notwithstanding §§ 300.5, a qualifying patient shall not use medical marijuana at a time or in a location within his or her residence or another individual's residence, if permitted, when such use would result, or is likely to result, in exposure to the medical marijuana or the medical marijuana smoke that may adversely affect the health, safety, or welfare of a minor.
300.7A qualifying patient who is a minor shall only possess and administer medical marijuana if the parent or legal guardian of the minor has signed a written statement affirming that the parent or legal guardian:
(a) Understands the qualifying medical condition or qualifying medical treatment of the minor;(b) Understands the potential benefits and potential adverse effects of the use of medical marijuana in general, and specifically, in the case of the minor;(c) Consents to the use of medical marijuana for the treatment of the minor's qualifying medical condition or treatment of the side effects of the minor's qualifying medical treatment;(d) Either consents to serve as the qualifying patient's caregiver or designates another adult to serve as the caregiver; and(e) Consents that the caregiver shall control the acquisition, possession, dosage, and frequency of use of medical marijuana by the minor qualifying patient.300.8The maximum amount of medical marijuana any qualifying patient or caregiver may possess at any time is:
(a) Eight (8) ounces of dried medical marijuana; or(b) The equivalent of eight (8) ounces of dried medical marijuana when sold in any other form.300.9Nothing in the Act or this subtitle shall be construed as permitting a qualifying patient to:
(a) Undertake any task under the influence of medical marijuana when doing so would constitute negligence or professional malpractice; or(b) Operate, navigate, or be in actual physical control of any motor vehicle, scooter, e-scooter, bicycle, e-bike, aircraft, or motorboat while under the influence of medical marijuana.300.10No qualifying patient or caregiver shall use butane or other explosive gases to extract or separate resin from marijuana, or tetrahydrocannabinol from marijuana, or in any other manner.
300.11Notwithstanding any other provision of this subtitle, during the effective period of the Medical Marijuana Patient Access Extension Second Emergency Amendment Act of 2022, effective October 17, 2022 (D.C. Act 24-565) (the "Emergency Act"):
(a) A qualifying patient or caregiver may possess up to eight (8) ounces of dried medical marijuana, or the equivalent of eight (8) ounces of dried medical marijuana when sold in any other form;(b) Section 2(b) of the Emergency Act shall apply in circumstances where a qualifying patient's or caregiver's registration card has expired or will expire between March 1, 2020 and March 31, 2023;(c) Qualifying patients and caregivers who register after November 5, 2021 but before March 31, 2023 shall be issued nontransferable identification cards that expire biennially;(d) Telephone bills and bank statements shall, in the manner described in Section 3 of the Emergency Act, serve as a form of acceptable proof of residency.D.C. Mun. Regs. tit. 22, r. 22-C300
Source: Notice of Emergency and Third Proposed Rulemaking published at 58 DCR 3299 (April 15, 2011)[EXPIRED]; as amended by Notice of Emergency and Fourth Proposed Rulemaking published at 58 DCR 7207 (August 12, 2011)[EXPIRED]; as amended by Notice of Final Rulemaking published at 58 DCR 10128, 10137 (December 2, 2011); amended by Final Rulemaking published at 63 DCR 1627 (2/12/2016); amended by Final Rulemaking published at 64 DCR 2259 (2/24/2017); amended by Final Rulemaking published at 64 DCR 7485 (8/4/2017); Amended by Final Rulemaking published at 71 DCR 2388 (3/8/2024)Authority: The Mayor, pursuant to section 14 of the Legalization of Marijuana for Medical Treatment Initiative of 1999 (Act), effective July 27, 2010 (D.C. Law 18-210; D.C. Official Code §§ 7-1671.01, et. seq. (2011 Supp.)).