5608 INGESTIBLE ITEMS

5608.1 No medical cannabis business shall produce any cannabis product in an edible form, or other form which is intended to be eaten, drunk, or otherwise consumed orally, unless it has:

1. (a) Prepared the product at a cultivation center facility that meets all requirements of a retail food establishment, including any Department of Health licensing and certification requirements;
2. (b) Complied with all District of Columbia health regulations relating to the production, preparation, and sale of prepared food items in accordance with Title 25 DCMR, Subtitle A (Food and Food Operations); and
3. (c) Obtained all licenses, permits, endorsements, or other permissions required by law, including any Hazard Analysis and Critical Control Points (HACCP) plan required by law, before producing any ingestible products.

5608.2 A medical cannabis business shall not create, process, sell or transfer a cannabis item that:

1. (a) That by its shape, design or flavor is likely to appeal to minors, including:
2. (1) Products that are modeled after non-cannabis products primarily consumed by and marketed to children; or
3. (2) Products in the shape of an animal, vehicle, person, fruit, or character;
4. (b) That is made by applying cannabinoid concentrates or extracts to commercially available candy or snack food items;
5. (c) That contains dimethyl sulfoxide (DMSO);
6. (d) That contains more than 200 mg of THC per package;
7. (e) That contains more than 20mg of THC per serving size or piece; or
8. (f) That requires cooking or baking by the consumer.

5608.3 In addition to the requirements of § 5608.2, chocolate cannabis-infused products shall comply with the following requirements:

(a) Each serving size piece shall be individually wrapped; and

(b) Each serving size piece shall be affixed with a stamp or the imprinted letters “THC.”

5608.4 The sale of an ingestible item containing either a serving size piece of more than 20 mg of THC or more than 200 mg of THC per package shall be permitted as follows:

(a) Notwithstanding the THC limits set forth in subsections 5608.2, a medical cannabis business may apply to the Board to manufacture, sell, and transfer to other medical cannabis businesses as permitted by law ingestible items that may be sold only to qualifying patients with a written recommendation from an authorized practitioner, and that contain:

(1) Serving size pieces with a maximum of 50 mg of THC; and

(2) No more than 500 mg of THC per package.

(b) It shall be a violation of this title for a medical cannabis business to sell ingestible items containing more than 20 mg of THC per serving size piece or 200 mg of THC per package to a qualifying patient that does not possess a valid written recommendation from an authorized practitioner.

(c) The serving size and per package THC limits set forth in paragraph (a) of this subsection shall not apply to the sale of:

(1) Ingestible capsules;

(2) Tinctures; and

(3) Non-injectable syringes no larger than 5,000 mg.

(d) A qualifying patient with a valid non-resident patient card issued by another state or jurisdiction that does not permit patient self-certification shall be deemed as possessing a written recommendation from an authorized practitioner and shall be eligible to purchase ingestible items consistent with the limits set forth in paragraphs (a)(1) and (a)(2).

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, 10210 (December 2, 2011); as amended by Final Rulemaking published at 64 DCR 7487 (August 4, 2017); as amended by Final Rulemaking published at 66 DCR 4244 (April 5, 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).