5703.1 Except as provided in §§ 5703.2 and 5703.3, a internet retailer or retailer shall not be permitted to transport or deliver medical cannabis to a qualifying patient or caregiver or non-resident qualifying patient or from a cultivation center or testing laboratory. It shall be a violation of this subtitle for a internet retailer or retailer to transport or deliver medical cannabis to a qualifying patient or caregiver or non-resident qualifying patient, cultivation center, or testing laboratory other than as provided in §§ 5703.2 and 5703.3.

5703.2 An internet retailer or retailer, meeting the requirements of § 5703.3, shall only be permitted to deliver medical cannabis to a qualifying patient or caregiver registered in the District of Columbia Medical Cannabis Program and that has been issued a District of Columbia Government medical cannabis card. An internet retailer or retailer shall also be permitted to deliver in the District of Columbia to a non-resident qualifying patient unless ABCA determines that there is a shortage of medical cannabis or the real-time electronic records system is inactive. An internet retailer or retailer shall not deliver or transport medical cannabis to a non-resident patient who does not possess a valid medical cannabis card issued by the state or U.S. territory in which they reside or to a District resident who possesses a medical cannabis card that was not issued by Department of Health or, after December 9, 2020, by ABCA. An internet retailer or retailer that delivers medical cannabis to non-qualifying non-resident patients or individuals who possess cards issued by unauthorized entities shall be subject to disciplinary action, up to and including revocation of registration.

5703.3 A licensed internet retailer, retailer, or courier shall only be permitted to deliver medical cannabis, medical cannabis products, and paraphernalia to a qualifying patient or caregiver registered in the Program or to a non-resident qualifying patient if the internet retailer, retailer, or courier complies with the following requirements:

(a) The internet retailer, retailer, or courier shall register its delivery vehicles with the Board by completing a Board-issued application form and providing all required information, which shall include each vehicle's license plate number, vehicle identification number (VIN), and its make, model and color;

(b) There shall be no limit on the number of delivery vehicles that an internet retailer, retailer, or courier may register with the Board;

(c) A delivery vehicle shall not be marked with any signage, symbols, images, or advertisement identifying the vehicle as associated with medical cannabis;

1. (d) A delivery vehicle shall have a functioning global positioning system (GPS) to ensure that the most direct delivery route is followed;
2. (e) A delivery driver shall be an employee of the internet retailer or retailer or an employee or independent contractor of the courier;
3. (f) The internet retailer, retailer, or courier shall register the name and medical cannabis employee registration number of each delivery driver with the Board;
4. (g) Each delivery driver of an internet retailer, retailer, or courier shall have an active District of Columbia medical cannabis employee registration;
5. (h) Each delivery driver of an internet retailer, retailer, or courier shall have their ABCA issued registration card on their person when making deliveries;
6. (i) The internet retailer, retailer, or courier shall implement a mechanism or process for patients and caregivers to submit copies of their registration cards and identification cards, or relevant information contained therein, to the internet retailer, retailer, or courier for verification prior to delivery, and the internet retailer, retailer, or courier shall maintain a copy of both as part of the internet retailer, retailer's or courier's recordkeeping requirements;
7. (j) Prior to delivery, the internet retailer, retailer, or courier shall:
8. (1) Verify that the patient, or the patient and caregiver, is actively enrolled in the District's medical cannabis program or is a non-resident qualifying patient, by checking their medical cannabis registration card and comparing it to their records in order to ensure that the information matches;
9. (2) Verify that the delivery address is a residence or a commercial building address in the District that is not on federal or District government property or public or private school grounds;
10. (3) Maintain a copy of the Program or out-of-state or U.S. territory registration card and a copy of the valid government-issued identification card;
11. (4) Verify that the patient's requested amount does not exceed the legal medical cannabis possession and sale limits, as set by section

7(o)(1) of the Act (D.C. Official Code § 7-1671.06(o)(1)), 22-C DCMR § 301, and 22-C DCMR § 5709; and

(5) Receive and only accept an order by electronic or other means from a qualifying patient or the qualifying patient's caregiver or a non-resident qualifying patient.

(k) The internet retailer, retailer, or courier shall only make deliveries to residential or commercial building addresses located within the District that are not on federal or District government property or public or private school grounds, except as provided in Section 6a(c) of the Act (D.C. Official Code § 7-1671.05a(c)), to qualifying patients and caregivers registered in the District medical cannabis program or to non-resident qualifying patients as set forth in § 5703.2 when the patient or caregiver is physically present;

(l) The patient or caregiver ordering the medical cannabis shall be physically present at the residence or the commercial building in the District where medical cannabis can be lawfully delivered. For purposes of this paragraph, "physically present at the residence" includes the residence's porch, driveway, or yard. The phrase does not include any place that is not included within the residence's property line, including the sidewalk or the curb;

(m) The internet retailer, retailer, or courier may make deliveries up to seven (7) days a week, but shall only make deliveries between the hours of 7:00 a.m. and 11:00 p.m.;

(n) The internet retailer, retailer, or courier shall implement a mechanism or recordkeeping process for patients and caregivers to document receipt of medical cannabis deliveries and shall maintain the records as part of the internet retailer or retailer's recordkeeping requirements. If, in an enforcement action pursuant to Chapter 10 or Chapter 62 of this subtitle, a patient or caregiver disputes receiving the medical cannabis and the internet retailer or retailer does not have documentation proving the delivery occurred, the Board shall apply a rebuttable presumption that the delivery did not occur;

(o) An internet retailer, retailer, or courier delivery driver shall only travel from the internet retailer, retailer or courier to the driver's assigned delivery address(es) and return to the internet retailer, retailer, or courier;

(p) The internet retailer, retailer, or courier shall record each delivery in the

METRC delivery manifest system in real-time and maintain a copy of the record as part of the internet retailer or retailer's recordkeeping requirements; and

(q) The internet retailer, retailer, or courier shall provide a copy of its delivery manifest to the Board or ABCA investigators immediately upon request.

5703.4

A retailer may dispense medical cannabis through curbside pickup or at-the-door pickup to a qualifying patient or caregiver or non-resident qualifying patient only if the retailer holds a retailer delivery endorsement and complies with the following requirements:

(a) The retailer shall only be permitted to dispense medical cannabis through curbside pickup or at-the-door pickup to a qualifying patient or caregiver registered in the Program, or to a patient enrolled in another state's medical cannabis program who is recognized by the Board, as evidenced by a state-issued medical cannabis patient card and with a government-issued identification card. A retailer that dispenses medical cannabis to individuals who possess cards issued by unauthorized entities on the Internet or states that are not yet recognized by the Board shall be subject to disciplinary action up to and including revocation of registration;

(b) The retailer shall implement a mechanism or process for a patient or a District registered caregiver to submit a copy of the patient or registered caregiver's, medical cannabis registration card and the patient or registered caregiver's, government-issued identification card to the retailer for verification prior to dispensing. The retailer shall maintain a copy of both as part of the retailer's recordkeeping requirements;

(c) Prior to dispensing, the retailer shall:

(1) Verify that the patient, or patient and registered caregiver, is actively registered in the District's medical cannabis program, or that the non-resident patient is actively enrolled in another state's medical cannabis program;

(2) Maintain a copy of the medical cannabis program or out of state or U.S. territory registration card and a copy of the government-issued identification card; and

(3) Verify that the patient's requested amount does not exceed the legal medical cannabis possession and sale limits, as set by section

7(o)(1) of the Act (D.C. Official Code § 7-1671.06(o)(1)), 22-C DCMR § 301, and 22-C DCMR § 5709.

(d) The retailer shall implement procedures to ensure that curbside pickup or at-the-door pickup is completed quickly and efficiently; and

(e) The retailer shall implement a mechanism or recordkeeping process for patients to document receipt of curbside pickup or at-the-door pickup and shall maintain the records as part of the retailer’s recordkeeping requirements.

5703.5 At the retailer’s discretion, the retailer may require electronic payment before scheduling a delivery, curbside pickup, or at-the-door pickup; may limit deliveries, curbside pickup, and or at-the-door pickup to electronic payment only.

5703.6 A cultivation center shall not be permitted to deliver medical cannabis to any premises other than the specific licensed premises of the internet retailer or retailer where the medical cannabis is to be sold for resale to qualifying patients and caregivers.

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, 10212 (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).