D.C. Mun. Regs. tit. 22, r. 22-C5403

Current through Register Vol. 71, No. 52, December 27, 2024

Rule 22-C5403 - SELECTION CRITERIA

5403.1

Each application shall address all criteria and measures, even when no point values are assigned. This shall include the applicant providing all of the information required by §§5400, 5403, and 5404. The failure by an applicant to address all the required criteria and measures will result in the application being considered non- responsive and not accepted for review by the panel. The required criteria and measures shall include the following:

(a) Dispensary Criteria:

(1) Suitability of the Proposed facility (Up to thirty (30) points)

(A) Measure 1: The applicant demonstrates that the proposed location will provide adequate lighting, display a professional office or business setting, and be convenient for qualifying patients and caregivers. (up to ten (10) points); and

(B) Measure 2: The applicant demonstrates that the proposed building and facility is suitable for the dispensing of medical marijuana. The applicant demonstrates that the proposed facility will possess adequate storage facilities, and adequate space and facilities to monitor the sale of medical marijuana to qualifying patients and caregivers. (up to twenty (20) points).

(2) Proposed Staffing Plan and Knowledge of District and federal law relating to marijuana (Up to twenty (20) points):

(A) Measure 1: The applicant fully describes a staffing plan that will provide and ensure adequate staffing and experience during accessible business hours, safe dispensing, adequate security and theft prevention, and the maintenance of confidential information, including the identity of qualifying patient information. (up to ten (10) points); and

(B) Measure 2: The applicant shall provide an operations manual that demonstrates compliance with the District's medical marijuana rules. The operations manual shall also contain information demonstrating the applicant's knowledge of the District and federal laws and regulations relating to medical marijuana. The applicant shall also submit a notarized written statement on a form provided by the Board indicating that they have read the Act and this subtitle and have knowledge of District and federal law relating to marijuana. (up to ten (10) points).

(3) Security Plan (Up to fifty (50) points):

The applicant shall submit a security plan which shall include the following:

(A) Measure 1: The applicant's security plan fully demonstrates the applicant's ability to prevent the theft or diversion of medical marijuana and how the plan will assist with MPD and ABCA enforcement. Specifically, it shall evidence compliance with all items in §§5405.2 and §§5610, and include all submittals required under those sections. (up to twenty (20) points);

(B) Measure 2: The applicant demonstrates that its plan for record keeping, tracking and monitoring inventory, quality control and security, and other policies and procedures will discourage unlawful activity. (up to ten (10) points);

(C) Measure 3: The applicant's security plan shall describe the enclosed, locked facility that will be used to secure or store medical marijuana, including when the location is closed for business, and its security measures, and the steps taken to ensure that medical marijuana is not visible to the public. (up to ten (10) points); and

(D) Measure 4: The security plan describes how it intends to prevent the diversion of medical marijuana to anyone who is not a registered qualifying patient or designated caregiver and includes the applicant's after action plan for any incidents that may trigger enforcement under District of Columbia law or regulations. The plan shall also describe the applicant's plan to coordinate with and dispose of unused or surplus medical marijuana with MPD. (up to ten (10) points).

(4) Product Safety and Labeling Plan (Up to twenty (20) points):

(A) Measure 1: The applicant shall describe its plan for providing safe and accurate packaging and labeling of medical marijuana. The Applicant shall describe how it intends to dispense medical marijuana to a qualifying patient or caregiver for transport in a secure manner. (up to ten (10) points); and

(B) Measure 2: The applicant shall describe its plan for verifying medical marijuana packaged at the dispensary is free of contaminants. (up to ten (10) points).

(5) Applicant's business plan, marketing plan, and services to be offered (Up to fifteen (15) points):

(A) Measure 1: The applicant shall provide a business plan that describes how the dispensary will operate on a long-term basis. This shall include the applicant providing a detailed description about the amount and source of the equity and debt commitment for the proposed dispensary that demonstrates the immediate and long-term financial feasibility of the proposed financing plan, the relative availability of funds for capital and operating needs, and the financial capability to undertake the project. (up to five (5) points);

(B) Measure 2: The applicant or its directors, officers, members, or incorporators demonstrates experience in business management and/or having medical industry or horticulturalist experience. (up to five (5) points); and

(C) Measure 3: The business plan shall include a start-up timetable which provides an estimated time from registration of the dispensary to full operation, and the assumptions used for the basis of those estimates. (up to five (5) points).

(6) Advisory Neighborhood Commission comments (Up to thirty (30) points):

(A) Measure 1: The ANCs' concerns or support regarding the potential adverse impact of the proposed location to the neighborhood. (up to twenty (20) points);

(B) Measure 2: The ANCs' concerns or support regarding an over concentration or lack of cultivation centers, or dispensaries in the affected ward. (up to ten (10) points).

(7) Educational Materials Plan (Up to fifteen (15) points):

(A) Measure 1: The applicant shall describe its proposed plan for providing educational materials and/or information to qualifying patients and caregivers. (up to five (5) points); and

(B) Measure 2: The applicant shall describe its proposed plan for providing training for its staff regarding the administration of marijuana. (up to ten (10) points).

(8) Environmental Plan (Up to twenty (20) points):

(A) Measure 1: The applicant demonstrates an environmental plan of action to minimize the carbon footprint, environmental impact, and resource needs for the sale of medical marijuana. (up to ten (10) points); and

(B) The applicant describes any plans for:

(1) the use of alternative energy;

(2) the treatment of waste water and runoff;

(3) scrubbing or treatment of exchanged air;

(4) the co-location of dispensaries; and

(5) the use of recyclable and biodegradable packaging materials. (up to ten (10) points).

(9) Certified Business Enterprise (fifty (50) points):

(A) Measure 1: The applicant provides documentation, at the time the application is submitted, that it is registered as an equity impact enterprise by the Department of Small and Local Business Development (DSLBD).

(B) To qualify as a medical marijuana CBE, an applicant shall be required to meet all of the criteria set forth in D.C. Official Code §§ 7-1671.06(d)(5)(C).

(b) Cultivation Center Criteria:

(1) Suitability of the Proposed facility (Up to twenty (20) points):

(A) Measure 1: The applicant demonstrates that the proposed facility is suitable for organic gardening for the cultivation of medical marijuana, sufficient in size, power allocation, air exchange and air flow, interior layout, lighting, and sufficient both in the interior and exterior to handle the bulk agricultural manufacturing of medical marijuana, product handling, storage, trimming, packaging, and shipping. (up to twenty (20) points).

(2) Proposed Staffing Plan and Knowledge of District and federal law relating to marijuana (Up to twenty (20) points):

(A) Measure 1: The applicant fully describes a staffing plan that will provide and ensure adequate staffing and experience for all accessible business hours, safe growing and cultivation, adequate security, and theft prevention. (up to ten (10) points); and

(B) Measure 2: The applicant shall provide an operations manual that demonstrates compliance with the District's medical marijuana rules. The operations manual shall also contain information demonstrating the applicant's knowledge of the District and federal laws and regulations relating to medical marijuana. The applicant shall also submit a notarized written statement on a form provided by the Mayor indicating that they have read the Act and this subtitle and have knowledge of District and federal laws relating to marijuana. (up to ten (10) points).

(3) Security Plan (Up to forty (40) points):

The applicant shall submit a security plan which shall include:

(A) Measure 1: The applicant's security plan demonstrates its ability to prevent the theft or diversion of medical marijuana and how the plan will assist with MPD and ABCA enforcement. Specifically, it shall evidence compliance with all items in §§5406.2 and §§5610, and include all submittals required under that section. (up to twenty (20) points);

(B) Measure 2: The applicant demonstrates that its plan for record keeping, tracking, and monitoring inventory, quality control and security and other policies and procedures will discourage unlawful activity. It also describes the applicant's plan to coordinate with and dispose of unused or surplus medical marijuana with MPD. (up to five (5) points);

(D) Measure 4: The applicant shall describe its transportation plan regarding how the cultivation center intends to deliver medical marijuana safely and securely to registered dispensaries. (up to five (5) points).

(4) Cultivation Plan (Up to twenty-five (25) points):

(A) Measure 1: The applicant shall describe its plan to provide a steady supply of medical marijuana to registered dispensaries. (up to five (5) points);

(B) Measure 2: The applicant demonstrates knowledge of organic growing methods to be used in the growing and cultivation of marijuana. The applicant shall describe the various strains to be cultivated. (up to ten (10) points); and

(C) Measure 3: The applicant demonstrates the steps that will be taken to ensure the quality of the marijuana, including the purity and consistency of the medical marijuana to be provided to dispensaries. (up to ten (10) points).

(5) Product Safety and Labeling Plan (Up to thirty (30) points);

(A) Measure 1: The applicant shall describe its plan for providing safe and accurate packaging and labeling of medical marijuana. (up to fifteen (15) points); and

(B) Measure 2: The applicant shall describe its plan for testing medical marijuana and ensuring that all medical marijuana is free of contaminants. (up to fifteen (15) points).

(6) Applicant's business plan and services to be offered (Up to fifteen (15) points):

(A) Measure 1: The applicant shall provide a business plan that describes how the cultivation center will operate on a longterm basis. This shall include the applicant providing a detailed description about the amount and source of the equity and debt commitment for the proposed cultivation center that demonstrates the immediate and long-term financial feasibility of the proposed financing plan, the relative availability of funds for capital and operating needs, and the financial capability to undertake the project. (up to five (5) points);

(C) Measure 3: The business plan demonstrates a start-up timetable which provides an estimated time from registration of the dispensary to full operation, and the assumptions used for the basis of those estimates. (up to five (5) points).

(7) Advisory Neighborhood Commission comments (Up to thirty (30) points):

(A) Measure 1: The ANC's concerns or support regarding the potential adverse impact of the proposed location to the neighborhood. (up to twenty (20) points);

(B) Measure 2: The ANC's concerns or support regarding an over concentration or lack of cultivation centers, or dispensaries in the affected ward. (up to ten (10) points).

(8) Environmental Plan (Up to twenty (20) points):

(A) Measure 1: The applicant demonstrates an environmental plan of action to minimize the carbon footprint, environmental impact, and resource needs for the production of medical marijuana. (up to ten (10) points); and

(B) The applicant describes any plans for:

(1) the use of alternative energy;

(2) the treatment of waste water and runoff;

(3) scrubbing or treatment of exchanged air;

(4) the co-location of growing facilities and/or the means of packaging or production; and

(5) the use of recyclable and biodegradable packaging materials. (Up to ten (10) points).

(9) Certified Business Enterprise (fifty (50) points):

(B) To qualify as a medical marijuana CBE, an applicant shall be required to meet all of the criteria set forth in D.C. Official Code §§ 7-1671.06(d)(5)(C).

(c) Testing Laboratory Criteria:

(1) Suitability of the Proposed facility (Up to forty (40) points)

(A) Measure 1: The applicant demonstrates that the proposed facility is suitable for testing medical marijuana in an environmentally safe manner and is adequate in size to accommodate testing and sample retention. (up to twenty (20) points); and

(B) Measure 2: The applicant demonstrates that the proposed facility is suitable to meet the cultivation center's or dispensary's needs for testing a variety of medical marijuana products in a timely manner, and maintaining documented chain of custody (up to twenty (20) points).

(2) Proposed Staffing Plan (Up to thirty (30) points):

(A) Measure 1: The applicant fully describes a staffing plan that will provide and ensure that personnel meets the requisite qualifications set forth in the regulations, and has demonstrated knowledge, experience, training, and certification to perform in the designated positions and roles and to conduct the required analytical processes, operations, and testing; ensure quality control and quality assurance, adequate staffing and experience during business hours, and adequate security and theft prevention; and maintain chain of custody, and confidential information. (up to fifteen (15) points); and

(B) Measure 2: The applicant shall provide an operations manual that demonstrates compliance with the District's medical marijuana rules. The operations manual shall also fully describe a plan to provide and ensure that a system is in place to evaluate and document personnel's competency in performing authorized tests, and to evaluate and document that personnel demonstrate acceptable performance on precision, accuracy, specificity, reportable ranges, blanks, and unknown challenge samples. (up to fifteen (15) points).

(3) Laboratory testing plan (Up to forty (40) points)

(A) Measure 1: Applicant demonstrates knowledge, experience, training, and applicable certifications in laboratory testing techniques. (up to fifteen (15) points);

(B) Measure 2: Applicant demonstrates knowledge of and fully describes plan to provide and ensure quality assurance, quality control, proficiency testing, analytical processes, chain of custody, sample retention, space, recordkeeping, results reporting, and corrective action protocols (up to fifteen (15) points); and

(C) Measure 3: Applicant fully describes the method(s) used to test medical marijuana and medical marijuana products, and report testing results; this includes but is not limited to standing operating procedures (up to ten (10) points).

(4) Security Plan (Up to twenty (20) points): The applicant shall submit a security plan which shall include the following:

(A) Measure 1: The applicant's security plan fully demonstrates the applicant's ability to prevent the theft or diversion of medical marijuana and how the plan will assist with MPD and ABCA enforcement. Specifically, it shall evidence compliance with all items and include all submittals required in §§5405.2 and §§5610 of this subtitle. (up to five (5) points);

(B) Measure 2: The applicant demonstrates that its plan for record keeping, tracking and monitoring inventory, and security and other policies and procedures will discourage unlawful activity (up to five (5) points).

(D) Measure 4: The security plan describes how it intends to prevent the diversion of medical marijuana and includes the applicant's after-action plan for any incidents that may trigger enforcement under District of Columbia law or regulations. The plan shall also describe the applicant's plan to coordinate with and dispose of unused or surplus medical marijuana with MPD. (up to five (5) points).

(5) Knowledge of District and federal law relating to marijuana. (Up to five (5) points:

(A) Measure 1: The applicant shall demonstrate knowledge of the District and federal laws and regulations relating to medical marijuana. The applicant shall also submit a notarized written statement on a form provided by the Mayor indicating that they have read the Act and this subtitle and have knowledge of District and federal law relating to marijuana. (up to five (5) points).

(6) Applicant's business plan and services to be offered (Up to fifteen (15) points):

(A) Measure 1: The applicant shall provide a business plan that describes how the testing laboratory will operate on a longterm basis. This shall include the applicant providing a detailed description about the amount and source of the equity and debt commitment for the proposed testing laboratory that demonstrates the immediate and long-term financial feasibility of the proposed financing plan, the relative availability of funds for capital and operating needs, and the financial capability to undertake the project. (up to five (5) points);

(B) Measure 2: The applicant or its directors, officers, members, or incorporators demonstrate experience in business management and/or having medical industry or laboratory experience. (up to five (5) points); and

(C) Measure 3: The business plan demonstrates a start-up timetable which provides an estimated time from registration of the testing laboratory to full operation, and the assumptions used for the basis of those estimates. (up to five (5) points).

(7) Advisory Neighborhood Commission comments (Up to thirty (30) points):

(A) Measure 1: The ANC's concerns or support regarding the potential adverse impact of the proposed location to the neighborhood. (up to twenty (20) points);

(B) Measure 2: The ANC's concerns or support regarding an over concentration or lack of testing laboratories and the number of cultivation centers in the affected ward. (up to ten (10) points).

(8) Environmental Plan (Up to twenty (20) points):

(A) Measure 1: The applicant demonstrates an environmental plan of action to minimize the carbon footprint, environmental impact, and resource needs for the testing of medical marijuana. (up to ten (10) points); and

(B) Measure 2: The applicant describes any plans for:

(1) the use of alternative energy;

(2) the treatment of waste water and runoff;

(3) scrubbing or treatment of exchanged air; and

(4) the co-location of testing laboratories. (up to ten (10) points).

(9) Certified Business Enterprise (fifty (50) points):

(B) To qualify as a medical marijuana CBE, an applicant shall be required to meet all of the criteria set forth in D.C. Official Code §§ 7-1671.06(d)(5)(C).

5403.2

A registration application for a cultivation center, dispensary or testing laboratory shall not be approved for any establishment located within three hundred feet (300 ft.) of a preschool, primary or secondary school, or recreation center.

5403.3

A registration application for a cultivation center, dispensary, or testing laboratory shall not be approved for any outlet, property, establishment, or business that sells motor vehicle gasoline or that holds a Motor Vehicle Sales, Service, and Repair endorsement under D.C. Official Code §§ 47-2851.03(a)(9) (2005 Repl.) or an Environmental Materials endorsement under §§ 47-2851.03(a)(4)(2005 Repl.) to its basic business license.

5403.4

A registration application for a cultivation center, dispensary or testing laboratory shall not be approved for any location that also sells alcoholic beverages.

5403.5

A registration application for a cultivation center, dispensary, or testing laboratory shall not be approved for an establishment intending to operate any other type of business at the proposed location. A dispensary may sell or provide paraphernalia, literature, posters, and other educational materials related to the medical marijuana program.

D.C. Mun. Regs. tit. 22, r. 22-C5403

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, 10178 (December 2, 2011); amended by Final Rulemaking published at 66 DCR 10217 (8/9/2019); Amended by Final Rulemaking published at 71 DCR 2388 (3/8/2024)

Authority: The Mayor, pursuant to section 14 of the Legalization of Marijuana for Medical Treatment Initiative of 1999 (Act), effective July 27, 2010 (D.C. Law 18-210; D.C. Official Code §§ 7-1671.01, et. seq. (2011 Supp.)).