3665 MEDICAL MARIJUANA DISPENSARY GENERAL OPERATION VIOLATIONS

3665.1 Violation of any of the following provisions shall be a Class 1 infraction:

1. (a) 22-C DCMR § 5602.1 (Sales cannot be transacted between 9:00 p.m. and 7:00 a.m.);
2. (b) 22-C DCMR § 5603.1 (A registered dispensary shall keep all medical marijuana located on the premises in a separate storage area which is securely closed and locked during all hours when the establishment is prohibited from operating or is closed. The storage area shall have a volumetric intrusion detection device(s) installed and connected to the facility intrusion detection system);
3. (c) 22-C DCMR § 5603.2 (A dispensary shall be required to install and use a safe for overnight storage of any processed marijuana, transaction records, and cash on the registered premises);
4. (d) 22-C DCMR § 5604.1 (In the absence of an owner, a dispensary shall have a Department approved manager present at the registered premises during the hours that the dispensary is open);
5. (e) 22-C DCMR § 5605.1 (A dispensary shall destroy or dispose of unused or surplus medical marijuana and its by-products by providing it to MPD for destruction);
6. (f) 22-C DCMR § 5605.2 (All unused or surplus medical marijuana and its by-products shall be weighed and documented and submitted to MPD on a form provided by MPD prior to being delivered to MPD by the dispensary for destruction);
7. (g) 22-C DCMR § 5605.4 (A dispensary shall report stolen or lost marijuana within twenty-four (24) hours of becoming aware by calling 911 or contacting Police in the business District);
8. (h) 22-C DCMR § 5607.1 (All medical marijuana sold or otherwise distributed by a dispensary shall be packaged and appropriately labeled);
9. (i) 22-C DCMR § 5607.7 (The label shall not contain any of the following information: (a) Any false or misleading statement or design; or (b) Any seal, flag, crest, coat of arms, or other insignia likely to mislead the qualified patient to believe that the product has been endorsed, made, or used by the District government);

(j) 22-C DCMR § 5607.10 (A dispensary shall not use the word(s) “candy” or “candies” on the product, packaging, or labeling of any medical marijuana product);

(k) 22-C DCMR § 5607.11 (A dispensary shall not place any content, image, or labeling that specifically targets individuals under the age of twenty-one (21), including but not limited to, cartoon characters or similar images, on the product, packaging, or a container holding medical marijuana);

(l) 22-C DCMR § 5607.13 (A dispensary shall not use or allow the use of any content, image, or labeling on a medical marijuana product that is offered for sale if the container does not precisely and clearly indicate the nature of the contents or that in any way may deceive a customer as to the nature, composition, quantity, age, or quality of the product);

(m) 22-C DCMR § 5607.14 (Packaging of edible medical marijuana products or medical marijuana-infused products shall not bear any resemblance to the trademarked, characteristic or product-specialized packaging of any commercially available candy, snack, baked good or beverage; statement, artwork or design that could reasonably mislead any person to believe that the package contains anything other than an edible medical marijuana product or medical marijuana-infused products; or seal, flag, crest, coat of arms, or other insignia that could reasonably mislead any person to believe that the product has been endorsed, manufactured, or used by any state, county or municipality or any agency thereof);

(n) 22-C DCMR § 5608.1 (The production of any ingestible product containing medical marijuana distributed by a dispensary shall be prepared at a cultivation center facility that meets all requirements of a retail food establishment, including any Department licensing and/or certification requirements; and shall comply with all District of Columbia health regulations relating to the production, preparation, and sale of prepared food items);

(o) 22-C DCMR § 5608.3 (Marijuana-infused products that are especially appealing to children are prohibited);

(p) 22-C DCMR § 5608.4 (Marijuana-infused edible products such as, but not limited to, gummy candies, lollipops, cotton candy, or brightly colored products, are prohibited);

(q) 22-C DCMR § 5609.1 (Medical marijuana shall be subject to testing for quality assurance and safety purposes);

(r) 22-C DCMR § 5610.1 (A dispensary shall be required to operate and maintain in good working order a twenty-four (24) hour, seven (7) days a week, a closed circuit television (CCTV) surveillance system on the premises);

(s) 22-C DCMR § 5610.2 (A dispensary shall install, maintain, and use a professionally monitored robbery and burglary alarm system);

(t) 22-C DCMR § 5612.1 (A dispensary shall refuse to sell or deliver medical marijuana to any person who does not have a valid registration card and government issued photo identification);

(u) 22-C DCMR § 5617.1 (A dispensary shall be required for security purposes to have sufficient lighting outside of the registered business each day between sunset and sunrise that adequately illuminates the dispensary and its immediate surrounding area);

(v) 22-C DCMR § 5619.1 (Medical marijuana shall only be handled in designated limited access areas. A dispensary shall permit only those persons registered with the Department to enter limited access areas);

(w) 22-C DCMR § 5619.2 (Limited access areas shall only be those areas identified on cultivation center application);

(x) 22-C DCMR § 5619.5 (It shall be a violation for non-registered persons to be in limited access areas); and

(y) 22-C DCMR § 6300.1 (A registered dispensary shall devote two percent (2%) of its annual gross revenue to provide medical marijuana on a sliding scale to qualifying patients determined eligible pursuant to § 1300.4 of this subchapter. (Conduct is flagrant, fraudulent, or willful).

3665.2 Violation of any of the following provisions shall be a Class 2 infraction:

(a) 22-C DCMR § 5604.7 (A registered dispensary shall notify the Department within seven (7) calendar days of discovering any manager's arrest or conviction for any crime other than minor traffic violations);

(b) 22-C DCMR § 5607.3 (The label shall include all ingredients contained in the product, in order from most abundant to least abundant. The label for ingestible items shall identify potential food allergy ingredients. The product shall be packaged in a sealed container that cannot be opened without obvious damage to the packaging);

(c) 22-C DCMR § 5607.4 (The label shall contain the following warning: “There may be health risks associated with the ingestion or use of this product. Please consult your physician if you have any questions or concerns.”);

(d) 22-C DCMR § 5607.5 (All medical marijuana shall be labeled with a list of all chemical additives);

(e) 22-C DCMR § 5607.8 (A dispensary shall not alter, obliterate or destroy the label affixed to a container containing marijuana);

(f) 22-C DCMR § 5607.9 (A dispensary shall place the original marijuana container in a separately sealed, appropriately labeled container for customer transport purposes);

(g) 22-C DCMR § 5607.17 (A dispensary shall obtain approval prior to using a label to be used in the sale of marijuana);

(h) 22-C DCMR § 5610.3 (A dispensary shall notify the Department within twenty-four (24) hours of any incident triggering an alarm, and file a written report);

(i) 22-C DCMR § 5617.2 (Outdoor lighting shall be hooded or oriented so as to deflect light away from adjacent properties. (When willful conduct is demonstrated; for example, repeated occurrences)); and

(j) 22-C DCMR § 5618.1 (A dispensary shall be staffed with at least two (2) persons during its hours of operations).

3665.3 Violation of any of the following provisions shall be a Class 3 infraction:

(a) 22-C DCMR § 5601.1 (A dispensary shall post a notice regarding sales only to those persons having a valid registration card and government issued photo identification);

(b) 22-C DCMR § 5608.2 (Marijuana-infused products that require cooking or baking by the consumer are prohibited);

(c) 22-C DCMR § 5613.1 (A dispensary shall surrender its registration within three (3) calendar days of discontinuing its operation);

(d) 22-C DCMR § 5616.1 (A dispensary shall post the required signs provided by the Department, in the manner required by the Department);

(e) 22-C DCMR § 5619.3 (A dispensary shall post a sign provided by the Department at all areas of ingress and egress);

(f) 22-C DCMR § 5619.4 (Persons registered by the Department shall wear their registrations at all times while in limited access areas); and

(g) 22-C DCMR § 6300.1 (A registered dispensary shall devote two percent (2%) of its annual gross revenue to provide medical marijuana on a sliding scale to qualifying patients determined eligible pursuant to § 1300.4 of this subchapter. (Single occurrence, with no evidence of flagrant, fraudulent, or willful conduct)).

3665.4 Violation of any of the following provisions shall be a Class 4 infraction:

(a) 22-C DCMR § 5610.3 (A dispensary shall maintain for three (3) years the reports of any incident triggering an alarm, and shall make those reports available during inspection).

3665.5 Violation of any of the following provisions shall be a Class 5 infraction:

(a) 22-C DCMR § 5617.2 (Outdoor lighting shall be hooded or oriented so as to deflect light away from adjacent properties. (Single occurrence, with no evidence of willful conduct).

SOURCE: Final Rulemaking published at 65 DCR 6020 (June 1, 2018).