D.C. Mun. Regs. tit. 22, r. 22-C5620

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

Rule 22-C5620 - MANUFACTURING STANDARDS

5620.1

(a) Synthetic pesticides (for example defoliants and desiccants, fungicides, insecticides and rodenticides), or wood preservatives (such as arsenate);

(b) Fertilizer or composted plant and animal material that contains a substance prohibited by this section;

(c) Sewage sludge, in any form, as a soil amendment;

(d) Synthetic growth regulators;

(e) Synthetic allopathic veterinary drugs, including antibiotics and parasiticides;

(f) Synthetic processing substances, aids and ingredients, and food additives and processing aids including sulphates, nitrates and nitrites;

(g) Equipment, packaging materials and storage containers, or bins that contain synthetic fungicide, preservative or fumigant;

(h) Any pesticide, fungicide, fertilizer, rodenticide, or drug banned by the Department of Agriculture or Food and Drug Administration;

(i) Any pesticide not in compliance with Subsection 5620.6; or

(j) Any other substances or techniques deemed unlawful by the Board.

5620.2

In the course of harvesting medical marijuana, a cultivation center shall not harvest medical marijuana before the plant is sixty (60) days old starting from the day the seed or clone is planted.

5620.3

The prohibition on "synthetic growth regulators" shall not preclude a cultivation center from using artificial lighting or lighting equipment.

5620.4

A cultivation center shall obtain written approval from the Board before engaging in the use of butane or other explosive gases to extract or separate resin or tetrahydrocannabinol from marijuana or to produce or process any form of marijuana concentrates or marijuana-infused product.

5620.5

In reviewing a request for the use of butane or other explosive gases, the Board may consult with subject matter experts in the field, the Department of Fire and Emergency Medical Services, and the Department of Energy and Environment as to the safety and sufficiency of the cultivation center's proposal.

5620.6

Pesticides may be legally used on medical marijuana by cultivation centers under the following criteria:

(a) Any pesticide used in the cultivation of medical marijuana must be registered with the Department of Energy and Environment.

(b) The use of any pesticide used in the cultivation of medical marijuana must comply with the regulations promulgated by the Department of Energy and Environment.

(c) Any pesticide registered with the Department of Energy and Environment may be used in accordance with its label or labeling directions for the cultivation of medical marijuana in the District of Columbia under the following conditions:

(1) For products registered by the Environmental Protection Agency under Section 3 of the Federal Insecticide, Fungicide, and Rodenticide Act:

(i) All active ingredients of the pesticide product are exempt from the requirements of a tolerance, as established under 40 CFR Part 180, Subparts D and E;

(ii) The pesticide product label allows use on the intended site of application;

(iii) The pesticide product label expressly allows use on crops or plants intended for human consumption; and

(iv) The active ingredients of the pesticide product are allowed for use on tobacco by the Environmental Protection Agency;

(2) Notwithstanding §§5620.6(b) and subject to the authority of the Department of Energy and Environment, the Board has the authority to permit the use of a pesticide product that does not expressly allow use on crops intended for human consumption if:

(i) The active and inert ingredients are exempt under 40 CFR Part 180, Subparts D and E;

(ii) The pesticide product label allows use on the intended site of application; and

(iii) The active ingredients of the pesticide product are allowed for use on tobacco;

(3) The pesticide product label specifically allows use on medical marijuana;.

(4) For 25(b) minimum risk pesticide products as defined in 40 CFR §§ 152.25(f), the pesticide product label allows use on the intended site of application and allows use on crops or plants intended for human consumption;

(5) For pesticide products with a District of Columbia Special Local Need registration, issued under Section 24(c) of the Federal Insecticide, Fungicide and Rodenticide Act, the District of Columbia Special Local Need label allows use on medical marijuana.

(c) The Board may prohibit the use of any pesticide product for the cultivation of medical marijuana if the Board determines that such use poses a significant threat to public health and safety or the environment.

5620.7

The use of any pesticide not specifically tested, labeled and assigned a tolerance for use on medical marijuana is not recommended by the District of Columbia because the health effects on consumers are unknown.

5620.8

To assist medical marijuana cultivation centers, the Board may publish a list of pesticides that it has determined meet these criteria.

D.C. Mun. Regs. tit. 22, r. 22-C5620

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, 10210 (December 2, 2011); amended by Final Rulemaking published at 64 DCR 6637 (7/14/2017); amended by Final Rulemaking published at 64 DCR 7485 (8/4/2017); 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.)).