D.C. Mun. Regs. tit. 22, r. 22-C5605

Current through Register 71, No. 45, November 7, 2024

Rule 22-C5605 - DESTRUCTION AND DISPOSAL OF UNUSED OR SURPLUS MEDICAL MARIJUANA AND REPORTING THEFT

5605.1

A cultivation center, dispensary, or testing laboratory shall destroy or dispose of unused or surplus medical marijuana and its by-products by providing it to MPD for destruction.

5605.2

All unused or surplus medical marijuana and its by-products shall be weighed and documented and submitted to MPD on a form provided by MPD prior to being delivered to MPD by the cultivation center, dispensary, or testing laboratory for destruction.

5605.3

A cultivation center or dispensary that has had its registration renewal denied, or revoked, or is going out of business may obtain approval from the Board by submitting a written request to sell and transport medical marijuana to another cultivation center or dispensary. The Board shall notify MPD of such approval prior to any medical marijuana being transported to another cultivation center or dispensary.

5605.4

A cultivation center, dispensary, or testing laboratory shall report any stolen or lost medical marijuana by filing a police report, by calling 911, or in person with the Police District where the registered business resides either in person or in writing within twenty-four (24) hours of becoming aware of the theft or loss.

5605.5

For purposes of this section, "unused or surplus medical marijuana" shall be defined as any harvested or unharvested marijuana, both processed and unprocessed, which is possessed by a cultivation center, dispensary, or testing laboratory and includes:

(a) Any marijuana plants possessed by a cultivation center in excess of the authorized plant limitation;

(b) Any marijuana that has spoiled or is unusable for medical purposes;

(c) [Repealed];

(d) Any marijuana that has or appears to have been tampered with; and

(e) Any marijuana that has completed testing at a testing laboratory, or unused sample materials.

5605.6

[Repealed].

D.C. Mun. Regs. tit. 22, r. 22-C5605

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, 10201(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.)).