800.1 An authorized practitioner who is licensed and in good standing to practice medicine, osteopathy, advanced practice registered nursing, dentistry, naturopathic medicine, or as a physician assistant in the District of Columbia may recommend the use of medical cannabis to a qualifying patient if the authorized practitioner:

(a) Is in a bona fide relationship with the qualifying patient, which for purposes of complying with this chapter and the Act shall mean that the authorized practitioner:

(1) Has completed a full assessment of the patient's medical or dental history and current medical or dental condition, including a personal physical examination, not more than ninety (90) days prior to making the recommendation; and

(2) Has responsibility for the ongoing care and treatment of the patient either directly or in consultation with another licensed authorized practitioner;

(b) Makes the recommendation based upon the authorized practitioner's assessment of the qualifying patient's:

(1) Medical or dental history;

(2) Current medical or dental condition; and

(3) A review of other approved medications and treatments that might provide the qualifying patient with relief from a qualifying medical or dental condition or the side effects of a qualifying medical or dental treatment; and

(c) Is not the owner, director, officer, member, incorporator, agent, or employee of a medical cannabis business.

800.2 An authorized practitioner who is licensed and in good standing to practice medicine, osteopathy, advanced practice registered nursing, dentistry, naturopathic medicine, or as a physician assistant in the District of Columbia may evaluate a patient for the sole or primary purpose of the recommendation of medical cannabis only if:

(a) [REPEALED].

(b) The recommending authorized practitioner complies with the requirements set forth in Subsection 800.1; and

(c) There is no exchange of any form of remuneration, gift, donation, bartering, referral fees, or fee-splitting between the referring and recommending authorized practitioner either directly or indirectly.

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, 10148 (December 2, 2011); as amended by Final Rulemaking published at 64 DCR 11922 (November 17, 2017); as amended by Final Rulemaking published at 65 DCR 3926 (April 13, 2018); 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)