5704.1 An internet retailer or retailer shall not be permitted to possess or sell cannabis plants. It shall be a violation of this subtitle for an internet retailer or retailer to possess or sell cannabis plants or for a cultivation center to sell cannabis plants to an internet retailer or retailer.

5704.2 An internet retailer or retailer shall not be permitted to possess or sell cannabis plants or clones. It shall be a violation of this subtitle for an internet retailer or retailer to possess or sell cannabis plants or clones, or for a cultivation center to sell cannabis plants or clones to an internet retailer or retailer.

5704.3 For purposes of this subtitle, a “clone” shall be considered a cannabis plant when:

(a) There is readily observable evidence of root formation that is either at least three (3) inches in length or that has sprouted hair-like fibers that are visible to the naked eye; or

(b) The clone has reached eight (8) inches in height.

5704.4 Cultivation centers shall tag and track all cannabis plants, in any stage of growth, from seed to sale in the Marijuana Enforcement Tracking Reporting Compliance (METRC) system.

5704.5 All clones shall be tagged and tracked in the METRC system upon being placed in the water or propagation solution, regardless of whether they have reached plant status.

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, 10212 (December 2, 2011); as amended by Final Rulemaking published at 66 DCR 10217 (August 9, 2019); as amended by Final Rulemaking published at 67 DCR 8837 (July 17, 2020); 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).