D.C. Mun. Regs. tit. 22, r. 22-C6402

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

Rule 22-C6402 - TESTING LABORATORY REGISTRATION APPLICATION REQUIREMENTS AND SELECTION PROCESS

6402.1

An applicant for a testing laboratory registration shall meet the general qualifications set forth in§§5400 of this subtitle.

6402.2

An applicant for a testing laboratory registration shall be independent from all other persons and entities involved in the medical marijuana industry in the District of Columbia, including but not limited to:

(a) A medical marijuana dispensary;

(b) A medical marijuana cultivation center;

(c) A provider of health care who currently provides or has provided medical marijuana recommendations within the most recent five (5) years; or

(d) Any other person or entity that may benefit from the cultivation, manufacture, dispensing, sale, purchase, or use of medical marijuana.

6402.3

Applications for a new testing laboratory registration shall only be accepted by the Board during the open application period as specified by the Board by publishing a Notice in the D.C. Register; such period shall not be extended.

6402.4

Prior to the submission of a formal application for a new testing laboratory registration, the prospective applicant shall submit a Letter of Intent to the Board or a designee, following the process set forth in§§5401 of this subtitle. The Board shall only accept Letters of Intent during the time period specified by the Board by Notice in the D.C. Register, such period shall not be extended.

6402.5

Applications for a new testing laboratory registration shall be selected pursuant to the selection process and selection criteria set forth in Chapter 54 of this subtitle.

6402.6

In addition to the requirements in §§5404 of this subtitle, an application for a testing laboratory shall also contain the following:

(a) A proposed staffing plan;

(b) A proposed security plan containing the criteria set forth in §§6402.7;

(c) A written statement regarding the suitability of the proposed facility;

(d) A laboratory testing plan that demonstrates the applicant's knowledge, experience, training, and applicable certifications in laboratory testing techniques, and ability 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;

(e) A proposed plan and timeline for obtaining accreditation;

(f) A notarized written statement from the applicant that he or she has read the Act and this subtitle and has knowledge of the District and federal laws and regulations relating to medical marijuana; and

(g) Information regarding whether the applicant has qualified as a medical cannabis certified business enterprise or is eligible to qualify as a medical cannabis certified business enterprise.

6402.7

An applicant for a testing laboratory registration shall file a written security plan with the Board. The written security plan shall address, at a minimum, the following elements:

(a) Evidence that the space will comply with all security system requirements set forth in §§5610 of this subtitle;

(b) A site plan showing the entire structure the testing laboratory, including the street(s), parking lot(s), other tenants within the facility, and any other entities that physically border the testing laboratory;

(c) A floor plan of the testing laboratory detailing the location of the following:

(1) All entrances and exits to the testing laboratory;

(2) The location of any windows, skylights, and roof hatches;

(3) The location of all cameras, and their field of view;

(4) The location of all alarm inputs (door contacts, motion detectors, duress/hold up devices) and alarm sirens;

(5) The location of the digital video recorder and alarm control panel; and

(6) Restricted and public areas;

(d) The type of security training provided for, and completed by, establishment personnel, including:

(1) Conflict resolution training and other security training to be provided by staff; and

(2) Procedures for handling violent incidents, other emergencies, and calling the Metropolitan Police Department;

(e) How the applicant intends to use and maintain an incident log;

(f) The number and location of cameras used by the establishment;

(g) Security measures taken by the applicant to prevent individuals from entering the limited access area portion of the registered premises;

(h) The applicant's closing procedures after the cessation of business each day;

(i) The applicant's plan to prevent theft or the diversion of medical marijuana, including maintaining all medical marijuana in a secure, locked room that is accessible only to authorized persons;

(j) The type of alarm system and outdoor lighting to be used by the applicant; and

(k) The applicant's procedures for obtaining, transporting, posting test results, and disposing of medical marijuana samples.

6402.8

Upon receipt of a written security plan for an initial testing laboratory application, the Board shall forward the security plan electronically to MPD or its designee for an assessment. MPD or its designee shall complete its assessment of the security plan within twenty-one (21) days of receipt from the Board. The Board shall not issue a testing laboratory registration until MPD or its designee completes its security plan assessment and submits that assessment in writing to the Board.

6402.9

After completion of the MPD or the designee assessment, the entire application package shall be submitted to the panel.

6402.10

For purposes of this subsection, the Chief of Police may select a designee from outside of the MPD.

D.C. Mun. Regs. tit. 22, r. 22-C6402

Final Rulemaking published at 65 DCR 10217 (8/9/2019); amended by Final Rulemaking published at 71 DCR 2388 (3/8/2024)