5620.1 In the course of producing and growing medical cannabis, a cultivation center or manufacturer is forbidden from using any of the following substances or techniques:

1. (a) Synthetic pesticides (for example defoliants and desiccants, fungicides, insecticides and rodenticides), or wood preservatives (such as arsenate);
2. (b) Fertilizer or composted plant and animal material that contains a substance prohibited by this section;
3. (c) Sewage sludge, in any form, as a soil amendment;
4. (d) Synthetic growth regulators;
5. (e) Synthetic allopathic veterinary drugs, including antibiotics and parasiticides;
6. (f) Synthetic processing substances, aids and ingredients, and food additives and processing aids including sulphates, nitrates and nitrites;
7. (g) Equipment, packaging materials and storage containers, or bins that contain synthetic fungicide, preservative or fumigant; or
8. (h) Any pesticide, fungicide, fertilizer, rodenticide, or drug banned by the Department of Agriculture or Food and Drug Administration.

5620.2 The prohibition on “synthetic growth regulators” shall not preclude the use of artificial lighting or lighting equipment.

5620.3 A cultivation center or manufacturer shall obtain written approval from the Board before engaging in the use of butane or other explosive gases to extract or separate resin or tetrahydrocannabinol from cannabis or to produce or process any form of cannabis concentrates or cannabis-infused product.

5620.4 In reviewing a request for the use of butane or other explosive gases, the Board may consult with subject matter experts in the field, the Fire and Emergency Medical Services Department, and the Department of Energy and Environment as to the safety and sufficiency of the cultivation center’s proposal.

5620.5 Pesticides may be legally used on medical cannabis by cultivation centers under the following criteria:

(a) Any pesticide used in the cultivation of medical cannabis must be registered with the Department of Energy and Environment (DOEE);

(b) The use of any pesticide used in the cultivation of medical cannabis must comply with the regulations promulgated by the DOEE; and

(c) Any pesticide registered with the DOEE may be used in accordance with its label or labeling directions for the cultivation of medical cannabis in the District of Columbia provided, that for products registered by the Environmental Protection Agency under Section 3 of the Federal Insecticide, Fungicide, and Rodenticide Act:

(1) All active ingredients of the pesticide product are exempt from the requirements of a tolerance, as established under 40 CFR Part 180, Subparts D and E;

(2) The pesticide product label allows use on the intended site of application;

(3) The pesticide product label expressly allows use on crops or plants intended for human consumption; and

(4) The active ingredients of the pesticide product are allowed for use on tobacco by the Environmental Protection Agency.

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 6637 (July 14, 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).