3666. MEDICAL MARIJUANA DISPENSARY PROHIBITED AND RESTRICTED ACTIVITIES

3666 MEDICAL MARIJUANA DISPENSARY PROHIBITED AND RESTRICTED ACTIVITIES 3666.1 Violation of any of the following provisions shall be a Class 1 infraction: D.C. Official Code § 3-1210.02 (Unless authorized to practice a health occupation under D.C. Official Code Title 3, Chapter 12, a person shall not represent to the public by title, description of services, methods, or procedures, or otherwise that the person is authorized to practice the health occupation in the District); 22-C DCMR § 5700.1 (Unlawful to receive or purchase medical marijuana from a source other than a cultivation center registered in the District of Columbia); 22-C DCMR § 5700.2 (A dispensary shall not offer for sale, sell or solicit an order outside the registered premises); 22-C DCMR § 5700.3 (A dispensary shall not receive or purchase medical marijuana from a person other than a cultivation center registered in the District); 22-C DCMR § 5703.1 (A dispensary shall not transport or deliver medical marijuana); 22-C DCMR § 5705.1 (A dispensary shall not permit the consumption of medical marijuana at the registered premises in any form. The dispensary 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); 22-C DCMR § 5705.2 (It shall be a violation for a 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); 22-C DCMR § 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); 22-C DCMR § 5708.1 (It shall be a violation of this subtitle for a dispensary, or a director, officer, member, incorporator, agent, or employee of a dispensary to provide financial compensation, an office, or anything of value to an authorized practitioner who recommends the use of medical marijuana. (When willful conduct is demonstrated; for example, repeated occurrences)); 22-C DCMR § 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 marijuana in a form other than dried, either at one (1) time or within a thirty (30) day period); 22-C DCMR § 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); and 22-C DCMR § 5710.1 (A dispensary shall not permit medical marijuana or paraphernalia to be visible from any public or other property not owned by the dispensary). 3666.2 Violation of the following provision shall be a Class 2 infraction: 22-C DCMR § 5707.1 (A person under twenty-one (21) years of age shall not be employed by a dispensary to sell or dispense medical marijuana); and 22-C DCMR § 5708.1 (It shall be a violation of this subtitle for a dispensary, or a director, officer, member, incorporator, agent, or employee of a dispensary to provide financial compensation, an office, or anything of value to a physician who recommends the use of medical marijuana. (Single occurrence, with no evidence of willful conduct)). SOURCE: Final Rulemaking published at 65 DCR 6020 (June 1, 2018). District of Columbia Municipal Regulations Consumers, Commercial Practices, and Civil Infractions 16 DCMR § 3666