D.C. Mun. Regs. tit. 22, r. 22-C5608

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

Rule 22-C5608 - INGESTIBLE ITEMS

5608.1

A cultivation center engaged in the production of any medical marijuana or of any product containing medical marijuana distributed by a dispensary in an edible form, or other form which is intended to enter the body of a patient, shall:

(a) Prepare the product at a cultivation center facility that meets all requirements of a retail food establishment, including any Department of Health licensing and certification requirements;

(b) Comply with all District of Columbia health regulations relating to the production, preparation, and sale of prepared food items in accordance with Title 25 DCMR, Subtitle A (Food and Food Operations); and

(c) Submit a Hazard Analysis and Critical Control Points (HACCP) plan to the Board for each food product it will produce, and receive written approval of the HACCP plan or written approval from the Board that a HACCP plan is not necessary before producing any ingestible products.

5608.2

Marijuana- infused products that require cooking or baking by the consumer are prohibited.

5608.3

Marijuana-infused products that are likely to appeal to minors by virtue of their shape, design, or flavor are prohibited.

5608.4

Brightly colored marijuana-infused products shall be prohibited.

5608.5

A cultivation center shall not process or transfer a marijuana item:

(a) That by its shape, design or flavor is likely to appeal to minors, including but not limited to:

(1) Products that are modeled after non-cannabis products primarily consumed by and marketed to children; or

(2) Products in the shape of an animal, vehicle, person, fruit, or character;

(b) That is made by applying cannabinoid concentrates or extracts to commercially available candy or snack food items;

(c) That contains dimethyl sulfoxide (DMSO); or

(d) That contains more than 200mg of THC per package except as provided in Subsection 5608.7.

5608.6

Chocolate marijuana-infused products shall comply with the following requirements:

(a) Each serving size piece shall be individually wrapped;

(b) Each serving size piece shall be affixed with a stamp or the imprinted letters "THC;"

(c) Each serving size piece shall contain a maximum of 20 mg of THC; and

(d) The packaging and labeling of the product shall be in only black and white.

5608.7

The sale of an ingestible item containing either a serving size piece of more than 20 mg of THC or more than 200 mg of THC per package shall be permitted as follows:

(a) Notwithstanding the THC limits set forth in Subsections 5608.5 and 5608.6, a cultivation center may apply to the Board to manufacture, sell, and transfer to dispensaries ingestible items that may be sold only to registered patients with a written recommendation from an authorized practitioner, and that contain:

(1) Serving size pieces with a maximum of 50 mg of THC; and

(2) No more than 500 mg of THC per package.

(b) It shall be a violation of this title for a dispensary to sell ingestible items containing more than 20 mg of THC per serving size piece or 200 mg of THC per package to a registered patient that does not possess a valid written recommendation from an authorized practitioner.

D.C. Mun. Regs. tit. 22, r. 22-C5608

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, 10204 (December 2, 2011); amended by Final Rulemaking published at 64 DCR 7487 (8/4/2017); amended by Final Rulemaking published at 66 DCR 4244 (4/5/2019); 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.)).