23 Legal States

District of Columbia Medical Marijuana Laws

Full Text of Amendment Act B18-622, AKA the "Legalization of Marijuana for Medical Treatment Amendment Act of 2010." 

 

AN ACT IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
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To amend the Legalization of Marijuana for Medical Treatment Initiative of 1999 to define key terms, to clarify who is permitted to cultivate, possess, dispense, or use medical marijuana, to require a written recommendation from one’s physician, to restrict the use of medical marijuana, to protect physicians from sanctions for recommending medical marijuana, to establish a medical marijuana program, to establish requirements for dispensaries and cultivation centers, to authorize the Board of Medicine to audit physician recommendations and to discipline physicians who act outside of the law, to set out penalties for violating this act, to prohibit the public use of medical marijuana, to establish a Medical Marijuana Advisory Committee, to require fees collected to be applied toward administering this act, to establish liability provisions, to clarify that this act does not require any public or private insurance to cover medical marijuana, and to authorize the Mayor to issue rules; and to amend the District of Columbia Health Occupations Revision Act of 1985, the Health Clarifications Act of 2001, the District of Columbia Uniform Controlled Substances Act of 1981, and the Drug Paraphernalia Act of 1982 to make conforming amendments.

 

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the “Legalization of Marijuana for Medical Treatment Amendment Act of 2010”.
Sec. 2. The Legalization of Marijuana for Medical Treatment Initiative of 1999, effective February 25, 2010 (D.C. Law 13-315; 57 DCR 3360), is amended to read as follows:
“Sec. 2. Definitions.
“For the purposes of this act, the term:
“(1) “Administer” or “administration” means the direct introduction of medical marijuana, whether by inhalation, ingestion, or any other means, into the body of a person.
“(2) “Bona fide physician-patient relationship” means a relationship between a physician and patient in which the physician:
“(A) Has completed a full assessment of the patient's medical history and current medical condition, including a personal physical examination; and 

“(B) Has responsibility for the ongoing care and treatment of the patient.
“(3) “Caregiver” means a person who:
“(A) Is designated by a qualifying patient as the person authorized, on the qualifying patient’s behalf, to possess, obtain from a dispensary, dispense, and assist in the administration of medical marijuana;
“(B) Is registered with the Department as the qualifying patient’s caregiver;
“(C) Is not currently serving as the caregiver for another qualifying patient; and
“(D) Is at least 18 years of age.
“(4) “Controlled Substances Act” means the District of Columbia Uniform Controlled Substances Act of 1981, effective August 5, 1981 (D.C. Law 4-29; D.C. Official Code § 48-901.02 et seq.).
“(5) “Cultivation center” means a facility operated by an organization or business registered with the Mayor pursuant to section 6 from or at which medical marijuana is cultivated, possessed, manufactured, and distributed in the form of medical marijuana, and paraphernalia is possessed and distributed to dispensaries.
“(6) “Department” means the Department of Health.
“(7) “Dispensary” means a facility operated by an organization or business registered with the Mayor pursuant to section 6 from or at which medical marijuana is possessed and dispensed and paraphernalia is possessed and distributed to a qualifying patient or a caregiver.
“(8) “Dispense” means to distribute medical marijuana to a qualifying patient or caregiver pursuant to this act and the rules issued pursuant to section 14.
“(9) “Distribute” means the actual, constructive, or attempted transfer from one person to another.
“(10) “Manufacture” means the production, preparation, propagation, compounding, conversion, or processing of marijuana, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling or re-labeling of its container.
“(11) “Marijuana” shall have the same meaning as provided in section 102(3)(A) of the Controlled Substances Act.
“(12) “Medical marijuana” means marijuana cultivated, manufactured, possessed, distributed, dispensed, obtained, or administered in accordance with this act and the rules issued pursuant to section 14.

Continue reading the full text of Amendment Act B18-622 here.

Offense

Penalty

Incarceration

  Max. Fine  

Possession

Personal Use

Any Amount

Misdemeanor

6 months

$1,000

*If it is your first conviction, the charges will be expunged after completion.

Sale, Distribution or Cultivation

Less than ½ lb (First offense)

Not Classified

 6 months

$ 1,000

Any Amount

Not Classified

5 years

$ 50,000

Hash & Concentrates

Possession

Not Classified

180 days

$ 1,000

Manufacture

Not Classified

5 years

$ 50,000

Civil Asset Forfeiture

All substances, raw materials, products, equipment, property, vehicles, research products, paraphernalia, money and other assets can be seized.

Paraphernalia

Possessing Paraphernalia

Not Classified

30 days

$ 100

Selling Paraphernalia

Not Classified

2 years

$5,000