1000 ENFORCEMENT AUTHORITY

1000.1 The Board and ABCA shall have the authority to enforce the provisions of the Act and this subtitle with respect to licensees, any premises where an application pursuant to the Act has been filed, and unlicensed establishments.1000.2 ABCA investigators may issue citations for civil violations of the Act and this subtitle that are set forth in the schedule of civil penalties.1000.3 A citation for any violation for which the penalty includes the suspension of a license shall be issued under the direct authority of the Board as a result of an investigation carried out by ABCA investigators.1000.4 Violations committed by an unlicensed person selling cannabis in violation of the provisions of the Act and the regulations may be referred by the Board to the Office of the Attorney General for investigation and prosecution.1000.5 ABCA investigators may request and check the identification of a patient or caregiver inside of or attempting to enter a licensed medical cannabis facility. ABCA investigators may seize evidence that substantiates a violation under the Act and the regulations, which may include seizing cannabis and cannabis products sold to unregistered minors and unauthorized persons and fake identification documents used by minors and other unauthorized persons to register or be licensed with ABCA.1000.6 ABCA investigators may seize a medical cannabis license or registration from an establishment or individual if:- (a) The license has been suspended, revoked, or cancelled by the Board;

- (b) The license has expired;

- (c) The license has been tampered with, altered, belongs to another person, or otherwise used in a fraudulent manner;

- (d) The medical cannabis facility is no longer in existence; or

- (e) The medical cannabis facility has been closed by another District government agency.1000.7 ABCA investigators are authorized to conduct announced and unannounced, as well as undercover, inspections and investigations of all licensees and any premises where an application for licensure has been filed.

SOURCE: Emergency and Third Proposed Rulemaking published at 58 DCR 3299 (April 15, 2011)[EXPIRED]; as amended by Emergency and Fourth Proposed Rulemaking published at 58 DCR 7207 (August 12, 2011)[EXPIRED]; as amended by Final Rulemaking published at 58 DCR 10128, 10148 (December 2, 2011); as amended by Final Rulemaking published at 65 DCR 3926 (April 13, 2018); as amended by Final Rulemaking published at 71 DCR 002388 (March 8, 2024); as amended by Final Rulemaking published at 73 DCR 002136 (February 20, 2026).