3671.1 Violation of any of the following provisions shall be a Class 1 infraction:

1. (a) 22-C DCMR § 5602.2 (A registered cultivation center shall not be open to the public);
2. (b) 22-C DCMR § 5603.1 (A registered cultivation center 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 cultivation center 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 cultivation center shall have a Department approved manager present at the registered premises during the hours that the cultivation center is open);
5. (e) 22-C DCMR § 5605.1 (A cultivation center 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 cultivation center for destruction);
7. (g) 22-C DCMR § 5605.4 (A cultivation center shall report stolen or lost marijuana within twenty-four (24) hours of becoming aware by calling 911 or contacting Police in the cultivation center's Police District);
8. (h) 22-C DCMR § 5607.2 (All medical marijuana sold or otherwise distributed by a cultivation center shall be packaged and labeled in a manner that advises the purchaser that it contains marijuana, specifies the amount of marijuana in the product, and that the marijuana is intended for medical use solely by the patient to whom it is sold, and that any re-sale or re-distribution of the medical marijuana to a third person is prohibited);
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 cultivation center or 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 cultivation center or 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 § 5607.12 (A cultivation center that produces edible marijuana products or marijuana-infused products shall ensure that all edible marijuana products or marijuana-infused products offered for sale: (a) Are labeled clearly and unambiguously as medical marijuana; (b) Are not presented in packaging or with labeling that is appealing to children; and (c) Have packaging designed or constructed to be significantly difficult for children under five (5) years of age to open, but not normally difficult for adults to use properly);

(m) 22-C DCMR § 5607.13 (A cultivation center or 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);

(n) 22-C DCMR § 5607.14 (Packaging of edible medical marijuana products or medical marijuana-infused products shall not bear any: (a) Resemblance to the trademarked, characteristic or product-specialized packaging of any commercially available candy, snack, baked good or beverage; (b) 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 (c) 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);

(o) 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);

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

(q) 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);

(r) 22-C DCMR § 5608.5 (A cultivation center shall not process or transfer a marijuana item that by its shape, design or flavor is likely to appeal to minors, including but not limited to products that are modeled after non-cannabis products primarily consumed by and marketed to children; or products in the shape of an animal, vehicle, person or character. Also, a cultivation center shall not process or transfer a marijuana item that is made by applying cannabinoid concentrates or extracts to commercially available candy or snack food items; or that contains dimethyl sulfoxide (DMSO));

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

(t) 22-C DCMR § 5610.1 (A cultivation center 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);

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

(v) 22-C DCMR § 5617.1 (A cultivation center 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 cultivation center and its immediate surrounding area);

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

(x) 22-C DCMR § 5619.2 (Limited access areas shall only be those areas

identified on cultivation center application);

(y) 22-C DCMR § 5619.5 (It shall be a violation for registered or non-registered persons to be in limited access areas without registration identification visually displayed); and

(z) 22-C DCMR § 5621.2 (A cultivation center or its contracted agent shall not transport medical marijuana within the District of Columbia without an original transport permit. A cultivation center shall permit only an employee, director, officer, member, incorporator, or agent registered with the Department or its contracted agent to transport medical marijuana to a registered dispensary).

3671.2 Violation of any of the following provisions shall be a Class 2 infraction:

(a) 22-C DCMR § 5604.7 (A registered cultivation center 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, including milk, eggs, fish, shellfish, tree nuts, peanuts, wheat and soybeans. 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 § 5610.3 (A cultivation center shall notify the Department within twenty-four (24) hours of any incident triggering an alarm, and file a written report);

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

(g) 22-C DCMR § 5618.2 (A cultivation center shall be staffed with at least two (2) persons when employees are present inside of the cultivation

center);

(h) 22-C DCMR § 5620.1 (A cultivation center is forbidden from using any of the following substances or techniques: (a) Synthetic pesticides; (b) Fertilizer or composted plant and animal material that contains a substance prohibited by this section; (c) Sewage sludge; (d) Synthetic growth regulators; (e) Synthetic allopathic veterinary drugs; (f) Synthetic processing substances, aids and ingredients, and food additives and processing aids; (g) Equipment, packaging materials and storage containers, or bins that contain synthetic fungicide, preservative or fumigant; (h) Any pesticide, fungicide, fertilizer, rodenticides, or drugs banned by the Department of Agriculture or Food and Drug Administration; or (i) Any other substances or techniques deemed unlawful by the Department); and

(i) 22-C DCMR § 5620.2 (A cultivation center shall not harvest medical marijuana before the plant is sixty (60) days old starting from the day the seed or clone is planted).

3671.3 Violation of any of the following provisions shall be a Class 3 infraction:

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

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

(c) 22-C DCMR § 5616.3 (A cultivation center shall post a sign provided by the Department at all areas of ingress and egress to limited access areas, which reads: “Access to this area is restricted to persons registered with the Department visibly displaying a registration identification card.”);

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

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

3671.4 Violation of any of the following provisions shall be a Class 4 infraction:

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

3671.5 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 4826 (May 4, 2018).