300.1 A qualifying patient shall only purchase, possess, and administer medical cannabis, or use paraphernalia, for treatment of a qualifying medical or dental condition or the side effects of a qualifying medical treatment after:

1. (a) Obtaining a signed, written recommendation from an authorized practitioner within the last two (2) years in accordance with the Act, except for individuals twenty-one (21) years of age and older, who shall be permitted to self-certify on a form provided by ABCA that they are utilizing cannabis for medical purposes as part of the registration process, and registering with ABCA; or
2. (b) Enrolling in another jurisdiction's medical cannabis program.

300.2 A qualifying patient or caregiver shall only purchase, possess, dispense, use, administer, or assist in the administration of medical cannabis, medical cannabis products, and paraphernalia obtained from an internet retailer or retailer licensed with the Board. A qualifying patient or caregiver may purchase medical cannabis, medical cannabis products, and paraphernalia at any internet retailer or retailer that is licensed with the Board.

300.3 A qualifying patient or caregiver shall only transport medical cannabis and medical cannabis products in a container or sealed package bearing the label received from the internet retailer or retailer.

300.4 A qualifying patient or caregiver shall not use or administer medical cannabis or medical cannabis products at a medical cannabis business, except that a qualifying patient or caregiver may use or administer medical cannabis at a Board-approved safe-use treatment facility, summer garden, or educational activity that occurs at a licensed retailer.

300.5 Medical cannabis shall only be administered by or to a qualifying patient at:

1. (a) The qualifying patient's residence, if permitted by the property owner;
2. (b) If permitted by the landlord, the residence of an individual who has given permission to the qualifying patient to administer medical cannabis at their residence;

3. (c) A medical treatment facility when receiving medical care for a qualifying medical or dental condition or a qualifying medical or dental treatment, if permitted by the medical treatment facility;

4. (d) A Board-approved safe-use treatment facility, summer garden, or educational activity that occurs at a licensed retailer; or

5. (e) To the extent consistent with federal law, a school where the qualifying patient is enrolled, if the school has a policy in place for allowing the administration of medication at school and medical cannabis is administered in a non-smokeable form.300.6 A qualifying patient who is a minor shall only purchase, possess, use, and administer medical cannabis, medical cannabis products, and paraphernalia after receiving: (1) a recommendation from an authorized practitioner and registering with ABCA and (2) a signed, written statement from the minor's parent or legal guardian that is submitted with the minor's ABCA registration. The signed, written statement shall affirm that the parent or legal guardian:- (a) Understands the qualifying medical or dental condition or qualifying medical or dental treatment of the minor;
6. (b) Understands the potential benefits and adverse effects of the use of medical cannabis in general, and specifically, in the case of the minor;
7. (c) Consents to the use of medical cannabis for the minor's qualifying medical or dental condition or qualifying medical or dental treatment;
8. (d) Consents to, or designates another adult to, serve as the caregiver for the minor qualifying patient; and
9. (e) Consents that the caregiver shall control the acquisition, possession, dosage, and frequency of use of medical cannabis by the minor qualifying patient.300.7 Nothing in the Act or this subtitle shall be construed as permitting a qualifying patient to:- (a) Undertake any task under the influence of medical cannabis when doing so would constitute negligence or professional malpractice; or
10. (b) Operate, navigate, or be in actual physical control of any motor vehicle, scooter, bicycle, e-bike, aircraft, or motorboat while under the influence of medical cannabis.300.8 No qualifying patient or caregiver shall use butane or other explosive gases to extract or separate resin from cannabis, or tetrahydrocannabinol from cannabis, or in any other manner.

SOURCE: Emergency and Third Proposed Rulemaking published at 58 DCR 3299 (April 5, 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, 10137 (December 2, 2011); as amended by Final Rulemaking published at 63 DCR 1627 (February 12, 2016); as amended by Final Rulemaking published at 64 DCR 2259 (February 24, 2017); as amended by Final Rulemaking published at 64 DCR 7485 (August 4, 2017); 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).