5605.1 A medical cannabis business shall destroy or dispose of unused or surplus medical cannabis and its by-products by providing it to MPD for destruction.

5605.2 All unused or surplus medical cannabis 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 medical cannabis business for destruction.

5605.3 A medical cannabis business that has had its registration renewal denied, or revoked, or is going out of business may obtain approval from the Board by submitting a written request to sell and transport medical cannabis to another medical cannabis business. The Board shall notify MPD of such approval prior to any medical cannabis being transported to another medical cannabis business.

5605.4 A medical cannabis business shall report any stolen or lost medical cannabis by filing a police report, by calling 911, or in person with the Police District where the registered business resides either in person or in writing within twenty-four (24) hours of becoming aware of the theft or loss.

5605.5 For purposes of this section, “unused or surplus medical cannabis” shall be defined as any harvested or unharvested cannabis, both processed and unprocessed, which is possessed by a cultivation center, dispensary, or testing laboratory and includes:

(a) Any cannabis plants possessed by a cultivation center in excess of the authorized plant limitation;

(b) Any cannabis that has spoiled or is unusable for medical purposes;

(c) [REPEALED].

(d) Any cannabis that has or appears to have been tampered with; and

(e) Any cannabis that has completed testing at a testing laboratory, or unused sample materials.

5605.6 [REPEALED].

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, 10201 (December 2, 2011); as amended by Final Rulemaking published at 66 DCR 10217 (August 9, 2019); 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).