D.C. Mun. Regs. tit. 22, r. 22-C5703

Current through Register Vol. 71, No. 52, December 27, 2024

Rule 22-C5703 - DELIVERY OF MEDICAL MARIJUANA

5703.1

Except as provided in §§5703.2 and 5703.3, a dispensary shall not be permitted to transport or deliver medical marijuana to a qualifying patient or caregiver or non- resident qualifying patient or from a cultivation center or testing laboratory. It shall be a violation of this subtitle for a dispensary to transport or deliver medical marijuana to a qualifying patient or caregiver or non-resident qualifying patient, cultivation center, or testing laboratory other than as provided in §§5703.2 and 5703.3.

5703.2

A dispensary, meeting the requirements of §§5703.3, shall only be permitted to deliver medical marijuana to a qualifying patient or caregiver registered in the District of Columbia Medical Marijuana Program and that has been issued a District of Columbia Government medical marijuana card. A dispensary shall also be permitted to deliver in the District of Columbia to a non-resident qualifying patient unless ABCA determines that there is a shortage of medical marijuana or the real- time electronic records system is inactive. A dispensary shall not deliver or transport medical marijuana to a non-resident patient who does not possess a valid medical marijuana card issued by the state or U.S. territory in which they reside or to a District resident who possesses a medical marijuana card that was not issued by Department of Health or, after December 9, 2020, by ABCA. A dispensary that delivers medical marijuana to non-qualifying nonresident patients or individuals who possess cards issued by unauthorized entities shall be subject to disciplinary action, up to and including revocation of registration.

5703.3

A dispensary shall only be permitted to deliver medical marijuana to a qualifying patient or caregiver registered in the District of Columbia Medical Marijuana Program or to a non-resident qualifying patient if the dispensary complies with the following requirements:

(a) The dispensary shall register its delivery vehicles with the Board by completing a Board-issued application form and providing all required information which shall include each vehicle's license plate number, vehicle identification number (VIN), and its make, model and color;

(b) The dispensary may not register more than five (5) delivery vehicles in total with the Board;

(c) A delivery vehicle shall not be marked with any signage, symbols, images, or advertisement identifying the vehicle as associated with medical marijuana;

(d) A delivery vehicle shall have a functioning global positioning system (GPS) to ensure that the most direct delivery route is followed;

(e) A delivery driver shall be an employee of the dispensary;

(f) The dispensary shall register the name and medical marijuana employee registration number of each delivery driver with the Board;

(g) The dispensary's delivery driver(s) shall have an active District of Columbia medical marijuana employee registration;

(h) The dispensary's delivery driver(s) shall wear an employee badge when making deliveries;

(i) The dispensary shall implement a mechanism or process for patients and caregivers to submit copies of their registration cards and identification cards to the dispensary for verification prior to delivery, and the dispensary shall maintain a copy of both as part of the dispensary's recordkeeping requirements;

(j) Prior to delivery, the dispensary shall:

(1) Verify that the patient, or the patient and caregiver, is actively enrolled in the District Program or is a non-resident qualifying patient, by checking their medical marijuana registration card and comparing it to their records in order to ensure that the information matches;

(2) Verify that the delivery address is a residence or a commercial building address in the District that is not on Federal or District Government property or public or private school grounds;

(3) Maintain a copy of the medical marijuana program or out of state or U.S. territory registration card and a copy of the valid government-issued identification card;

(4) Verify that the patient's requested amount does not exceed the patient's rolling thirty (30)-day limit of eight ounces (8 oz.);

(5) Receive and only accept an order by electronic or other means from a qualifying patient or the qualifying patient's caregiver or a non- resident qualifying patient; and

(6) Deliver no more than once per day to the qualifying patient or the qualifying patient's caregiver or a non-resident qualifying patient;

(k) The dispensary shall only make deliveries to residential or commercial building addresses located within the District that are not on Federal or District Government property or public or private school grounds to qualifying patients and caregivers registered in the District medical marijuana program or to non-resident qualifying patients as set forth in §§5703.2;

(l) The patient or caregiver ordering the medical marijuana shall be physically present at the residence or the commercial building in the District where medical marijuana can be lawfully delivered. For purposes of this paragraph, "physically present at the residence" includes the residence's porch, driveway, or yard. The phrase does not include any place that is not included within the residence's property line, including the sidewalk or the curb.

(m) The dispensary may make deliveries up to seven (7) days a week, but shall only make deliveries between the hours of 9:00 a.m. and 9:00 p.m.;

(n) The dispensary shall implement a mechanism or recordkeeping process for patients and caregivers to document receipt of medical marijuana deliveries, and shall maintain the records as part of the dispensary's recordkeeping requirements. If, in an enforcement action pursuant to Chapter 10 or Chapter 62 of this subtitle, a patient or caregiver disputes receiving the medical marijuana and the dispensary does not have documentation proving the delivery occurred, the Board shall apply a rebuttable presumption that the delivery did not occur;

(o) A dispensary delivery driver shall only travel from the dispensary to the driver's assigned delivery address(es) and return to the dispensary;

(p) A dispensary delivery driver shall not at any time possess a combined total of cash and medical marijuana exceeding five thousand dollars ($5,000.00) in value;

(q) The dispensary shall record each delivery in the METRC delivery manifest system in real-time and maintain a copy of the record as part of the dispensary's recordkeeping requirements; and

(r) The dispensary shall provide a copy of its delivery manifest to the Board or ABCA investigators, or MPD immediately upon request.

5703.4

A dispensary shall only be permitted to dispense medical marijuana through curbside pickup or at-the-door pickup to a qualifying patient or caregiver or nonresident qualifying patient if the dispensary complies with the following requirements:

(a) A dispensary shall only be permitted to dispense medical marijuana through curbside pickup or at-the-door pickup to a qualifying patient or caregiver registered in the District Program, or to a patient enrolled in another state's medical marijuana program who is recognized by the Board, as evidenced by a state-issued medical marijuana patient card and with a government- issued identification card. A dispensary that dispenses medical marijuana to individuals who possess cards issued by unauthorized entities on the Internet or states that are not yet recognized by the Board shall be subject to disciplinary action up to and including revocation of registration;

(b) The dispensary shall implement a mechanism or process for a patient or a District registered caregiver to submit a copy of the patient's, or registered caregiver's, medical marijuana registration card and the patient's, or registered caregiver's, government-issued identification card to the dispensary for verification prior to dispensing. The dispensary shall maintain a copy of both as part of the dispensary's recordkeeping requirements;

(c) Prior to dispensing, the dispensary shall:

(1) Verify that the patient, or patient and registered caregiver, is actively registered in the District medical marijuana program, or that the non-resident patient is actively enrolled in another state's medical marijuana program;

(2) Maintain a copy of the medical marijuana program or out of state or U.S. territory registration card and a copy of the government-issued identification card; and

(3) Verify that the patient's requested amount does not exceed the patient's thirty (30)-day limit of eight (8) ounces;

(d) The dispensary shall ensure that the entire exchange of the medical marijuana product to the patient or registered caregiver is clearly captured on the dispensary's video surveillance system;

(e) The dispensary shall only provide curbside pickup at curbside directly in front of the dispensary and in view of the dispensary's video surveillance cameras. If the dispensary's location or video surveillance system is not equipped to meet this requirement, the dispensary shall not provide curbside pickup or at-the-door pickup.

(f) The dispensary shall implement procedures to ensure that curbside pickup or at-the-door pickup is completed quickly and efficiently; and

(g) The dispensary shall implement a mechanism or recordkeeping process for patients to document receipt of curbside pickup or at-the-door pickup, and shall maintain the records as part of the dispensary's recordkeeping requirements. If, in an enforcement action pursuant to Chapter 10 or Chapter 62 of this subtitle, a patient disputes receiving the medical marijuana and the dispensary does not have documentation including clear video evidence proving the dispensing occurred, the Board shall apply a rebuttable presumption that the dispensing did not occur.

5703.5

At the dispensary's discretion, the dispensary may require electronic payment before scheduling a delivery, curbside pickup, or at-the-door pickup; may limit deliveries, curbside pickup, and or at-the-door pickup to electronic payment only.

5703.6

A cultivation center shall not be permitted to deliver medical marijuana to any premises other than the specific registered premises of the dispensary where the medical marijuana is to be sold.

D.C. Mun. Regs. tit. 22, r. 22-C5703

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, 10212 (December 2, 2011); as amended by Final Rulemaking published at 68 DDR 1, (January 1, 2021); 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.)).