D.C. Code § 7-1671.03

Current through codified legislation effective September 18, 2024
Section 7-1671.03 - Restrictions on use of medical cannabis
(a)
(1) The maximum amount of dried medical cannabis that any qualifying patient or caregiver may possess at any moment is 8 ounces.
(2) The Mayor shall promulgate through rulemaking limits on the amount of medical cannabis in forms other than dried medical cannabis that any qualifying patient or caregiver may possess at any one moment.
(b) Medical cannabis shall only be administered by or to a qualifying patient at:
(1) A qualifying patient's residence, if permitted;
(2) The residence of an individual who has given permission to the qualifying patient to administer medical cannabis at the individual's residence, if permitted;
(3) A medical treatment facility, when the qualifying patient is receiving medical care for a qualifying medical or dental condition or a qualifying medical or dental treatment, if permitted by the medical treatment facility;
(4) A safe use treatment facility licensed by ABCA pursuant to section 7 c; or
(5) A school in which the qualifying patient is enrolled, if the school has a policy in place for allowing the administration of medication at school; provided, that the medical cannabis shall be in non-smokable form.
(c) A qualifying patient or caregiver shall transport medical cannabis in a labeled container or sealed package in a manner and method established by rulemaking.
(d) Nothing in this chapter permits a person to:
(1) Undertake any task under the influence of medical cannabis when doing so would constitute negligence or professional malpractice; or
(2) Operate, navigate, or be in actual physical control of any motor vehicle, aircraft, or motorboat while under the influence of medical cannabis.
(e) The use of medical cannabis as authorized by this chapter and the rules issued pursuant to § 7-1671.13 does not create a defense to any crime and does not negate the mens rea element for any crime except to the extent of the voluntary-intoxication defense recognized in District of Columbia law.
(f) Notwithstanding any other law, a person or entity may provide information about the existence or operations of a cultivation center, manufacturer, retailer, internet retailer, courier, or testing laboratory to another person pursuant to this law.
(g) A qualifying patient, caregiver, or an employee of a cultivation center, manufacturer, retailer, internet retailer, courier, testing laboratory, or other holder of a license in a license category established by this act or by rulemaking pursuant to this act who is stopped by the police upon reasonable suspicion or probable cause that the stopped individual is in possession of cannabis may not be further detained or arrested on this basis alone if the police determine that the individual is in compliance with this act and the rules issued pursuant to section 14.

D.C. Code § 7-1671.03

Amended by D.C. Law 24-332,§ 3, 70 DCR 001582, eff. 3/22/2023.
Amended by D.C. Law 24-229,§ 2, 69 DCR 013901, eff. 12/21/2022, exp. 8/3/2023.
Amended by D.C. Law 24-565,§ 2, 69 DCR 012660, eff. 10/17/2022, exp. 1/15/2023.
Amended by D.C. Law 24-122,§ 2, 69 DCR 002670, eff. 5/18/2022, exp. 12/29/2022.
Amended by D.C. Law 24-78,§ 2, 69 DCR 000204, eff. 2/24/2022, exp. 10/7/2022.
Feb. 25, 2010, D.C. Law 13-315, § 4; as added July 27, 2010, D.C. Law 18-210, § 2, 57 DCR 4798; Feb. 18, 2017, D.C. Law 21-209, § 2(c), 63 DCR 15291; Apr. 16, 2020, D.C. Law 23-81, § 2, 67 DCR 2498.