5612.1 An internet retailer or retailer shall refuse to sell or deliver medical cannabis to any person who fails to produce a valid medical cannabis patient card issued by ABCA or a nonresident patient card or state-issued document and a valid government issued photo identification document displaying proof of age that matches the name on the patient card.

5612.2 A licensee shall take steps reasonably necessary to ascertain whether any person to whom the licensee sells, delivers, or serves medical cannabis is a qualifying patient registered or authorized to purchase or possess medical cannabis, and that the sale otherwise complies with the medical cannabis quantity and sale limits provided by the Act and this title.

5612.3 Any person who supplies a valid and unexpired medical cannabis patient card or medical cannabis caregiver card showing their legal age to be the legal age and authorization to obtain medical cannabis and all other documents required by the Act and this title, if required, shall be deemed authorized to obtain medical cannabis.

5612.4 The provisions of this section notwithstanding, no licensee shall discriminate on any basis prohibited by the Human Rights Act of 1977, effective December 13, 1977 (D.C. Law 2-38; D.C. Official Code § 2-1401.01 et seq.).

5612.5 It shall be an affirmative defense to a violation of § 5612.1 that the licensee or their agent was shown and inspected a fake or fraudulent identification document of such quality that a reasonable person would believe that it was valid unless:

(a) The identification was visibly damaged;

(b) The identification lacked the physical materials or features of the valid identification being imitated;

(c) The photograph contained in the identification that was shown did not match the bearer;

(d) The identification is displayed past the printed expiration date; or

(e) The licensee or their agent knew the person was not authorized or ineligible to obtain medical cannabis.

SOURCE: Notice of Emergency and Third Proposed Rulemaking published at 58 DCR 3299 (April 15, 2011)[EXPIRED]; as amended by Notice of Emergency and Fourth Proposed Rulemaking published at 58 DCR 7207 (August 12, 2011)[EXPIRED]; as amended by Notice of Final Rulemaking published at 58 DCR 10128, 10207

(December 2, 2011); 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).