When used in this subtitle, the following terms and phrases shall have the meanings ascribed:
ABCA - Alcoholic Beverage and Cannabis Administration.
Acaricide - A substance poisonous to ticks or mites.
Act - means the Legalization of Marijuana for Medical Treatment Initiative of 1999 (Act), effective, effective July 27, 2010 (D.C. Law 18-210; D.C. Official Code §§ 7-1671.01, et seq.(2011 Supp.)).
Active Medical Marijuana Program - a program established by a state or U.S. territory that allows the use of marijuana for one's medical needs.
Administer or Administration - means the direct introduction of medical marijuana, whether by inhalation, ingestion, or any other means, into the body of a person.
ANC - means Advisory Neighborhood Commission.
Authorized practitioner - a physician, advanced practice registered nurse, physician assistant, dentist, or naturopathic physician who is licensed and in good standing to practice under District law.
Batch -
Board - Alcoholic Beverage and Cannabis Board.
Bona fide relationship with a qualifying patient - a relationship between an authorized practitioner and qualifying patient for which the authorized practitioner:
Business applicant - a person who has made an application to register a cultivation center, dispensary, testing laboratory, or medical marijuana certification provider permit and who has an application pending before the Board.
Caregiver - a person who:
Chain of custody - Procedures employed by a testing laboratory to record the possession of samples from the time of sampling through destruction.
Civil Infractions Act- means Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, effective October 5, 1985 (D.C. Law 6-42; D.C. Official Code §§ 2-1801.01, et seq. (2007 Repl. & 2011 Supp.))
Clone - means a plant clipping from a female marijuana plant that is less than eight (8) inches in height, is not yet root-bound, is growing in a propagation solution or water, and that is capable of developing into a new marijuana plant.
Commercially manufactured food - means food prepared and/or processed in a licensed food facility.
Concentrate - means products consisting wholly or in part of the resin extracted from any part of the plant Cannabis and having a THC concentration greater than ten percent, or a substance obtained by separating cannabinoids from marijuana by:
Controlled Substances Act - means the District of Columbia Uniform Controlled Substances Act of 1981, effective August 5, 1981 (D.C. Law 4-29; D.C. Official Code §§ 48-901.02, et seq. (2009 Repl. & 2011 Supp.)).
Cultivation Center - means a facility operated by an organization or business registered with the Board pursuant to Section 6 of the Act from or at which medical marijuana is cultivated, possessed, manufactured, and distributed in the form of medical marijuana, and paraphernalia is possessed and distributed to dispensaries.
Day - means calendar day unless specifically stated otherwise.
DCRA - means the Department of Consumer and Regulatory Affairs
Dentist - an individual who is licensed and in good standing to practice dentistry under District law, but does not include an individual who only holds a dental teaching license.
Director - means the Director of the Alcoholic Beverage Regulation Administration or his or her designee or designees.
Dispensary - means a facility operated by an organization or business registered with the Board pursuant to Section 6 of the Act from or at which medical marijuana is possessed and dispensed and paraphernalia is possessed and distributed to a qualifying patient or a caregiver.
Dispense - means to distribute medical marijuana to a qualifying patient or caregiver pursuant to the Act and the rules issued pursuant to section 14 of the Act.
Distribute - means the actual, constructive, or attempted transfer from one person to another.
Drug-related offense - means any conviction occurring in the District of Columbia, or in any State or Territory for the possession, use, sale, transfer, manufacture, or distribution of a controlled substance or drug paraphernalia.
Edible medical marijuana products - means a food or potable liquid into which a cannabinoid concentrate, cannabinoid extract or dried marijuana leaves or flowers have been incorporated, but does not include a tincture or a cannabinoid product intended to be placed under the tongue or in the mouth using a dropper or spray delivery method, such as but not limited, to a sublingual spray.
Expediter - other than a registered caregiver, any person or entity employed, contracted, volunteering, or compensated by any form of remuneration, gift, donation, or bartering, to register individuals as patients in the medical marijuana program, to connect individuals with recommending authorized practitioners, to solicit individuals to become qualifying patients, to complete application forms or to assist individuals in completing application forms to become qualifying patients, or to transport or deliver to the Board application forms for individuals seeking to become qualifying patients.
Fact-finding hearing - a hearing held by the Board to obtain further information from an applicant in response to either (1) a licensing or registration request or (2) an investigation conducted by ABCA.
Federal Poverty Level - means the income level, which varies by household size, under which families in the continental United States are formally considered to be in poverty. The Secretary for the U.S. Department of Health and Human Services publishes a revised poverty level each year in the Federal Register.
Fungicide - A chemical that destroys fungus.
Human consumption - means the consumption of medical marijuana by a person through oral ingestion, absorption through the skin, inhalation through smoking, vaporization or other means.
Individual Applicant - an individual who has made an application for a manager's registration or for registration as a director, officer, member, incorporator, agent, or employee and who has an application pending before the Board.
Letter of information - a written request from the Board for further factual information in response to a request for an advisory opinion.
Location - means a particular parcel of land that is defined by an address or other descriptive means.
Manager - an individual who has obtained a manager's registration from the Board and who is designated by the cultivation center, dispensary, or testing laboratory to manage the registered premises in the absence of a registered owner.
Manufacture - means the production, preparation, propagation, compounding, conversion, or processing of marijuana, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling or re-labeling of its container.
Marijuana Plant - means a plant of the genus Cannabis in any stage of growth except for clones.
Marijuana - shall have the same meaning as provided in section 102(3)(A) of the Controlled Substances Act.
Medical Marijuana - means marijuana cultivated, manufactured, possessed, distributed, dispensed, obtained, or administered in accordance with the Act and the rules issued pursuant to section 14 of the Act.
Medical marijuana-infused products - means products that contain marijuana or marijuana extracts, are intended for human use, are derived from marijuana, and have a THC concentration no greater than ten percent. The term "marijuana-infused products" does not include either useable medical marijuana or marijuana concentrates. The term "marijuana-infused products" does include tinctures and topicals.
Minor - means any person under eighteen (18) years of age, but does not include an emancipated minor.
MPD - means the Metropolitan Police Department.
Nonresident Card - a medical marijuana patient card issued by a state or U.S. territory that has a medical marijuana program and issues either a card or state - issued document evidencing the patient's participation in the program.
Nonresident Qualifying Patient - a person that is not a resident of the District of Columbia who is enrolled in another jurisdiction's medical marijuana program and issued an official card by a local, state, federal government entity recognizing their participation in the jurisdiction's medical marijuana program; provided, that a patient from another jurisdiction shall not be a qualifying patient if ABCA determines that there is a shortage of medical marijuana or the real-time electronic records system referenced in Section 6(4)(A) of the Act (D.C. Official Codes §§7- 1671.05(4)(A)) is inactive.
OAG - means the Office of the Attorney General.
OAH - means the Office of Administrative Hearings.
Offer in Compromise - a negotiation between the Government and the Respondent to settle the charges brought by the Government for those violations committed by the Respondent in the instant case.
OTR - means the Office of Tax and Revenue.
Ovicide - A substance that kills eggs.
Panel - means the six (6) member or seven (7) member, composite board appointed by the Board responsible for evaluating, rating, and scoring applications for cultivation center and dispensary registrations.
Paraphernalia - means:
Person - means a natural person, partnership, association, company, corporation, limited liability company, or organization, or a manager, agent, owner, director, officer, or employee thereof.
Pesticide - A substance used to destroy insects or other organisms harmful to plants.
Physician - means an individual who is licensed and in good standing to practice medicine or osteopathy under District law.
Placard - means a written notice posted at an establishment for the purpose of notifying the public of action involving a new or transfer to new location registration application for either a cultivation center, dispensary or testing laboratory.
Plant Growth Regulator - A substance used to alter the plants' characteristics.
Potentially Hazardous Food - food that contains moisture or protein that is capable of supporting the rapid and accelerating growth of infectious or toxigenic microorganisms.
Premises - means a distinct and definite location, which may include a building, a part of a building, a room, or any other definite contiguous area.
Product Assessment - Test to determine if an edible is a Potentially Hazardous Food.
Program - means the medical marijuana program established by section 6 of the Act.
Qualifying medical condition-means:
Qualifying medical or dental condition - any condition for which treatment with medical marijuana would be beneficial, as determined by the patient's authorized practitioner.
Qualifying medical or dental treatment - means:
Qualifying patient- a resident of the District who has a qualifying medical or dental condition or is undergoing a qualifying medical or dental treatment, or a patient enrolled in another jurisdiction's medical marijuana program; provided, that a patient from another jurisdiction shall not be a qualifying patient if the Board determines that there is a shortage of medical marijuana or the real-time electronic records system referenced in the Act is inactive.
Quorum - a majority of the appointment members of the Committee being present.
Registration period - means the period of time between the authorized beginning and expiration dates for each registration.
Residence - means a dwelling or dwelling unit in which a person lives in a particular locality with the intent to make it a fixed and permanent home.
Safekeeping hearing - means a proceeding held by the Board to determine whether reasonable cause exists to extend the period that a registration is in safekeeping with the Board or whether the registration should be cancelled by the Board.
Seedling-means a marijuana plant that has no flowers, is at least eight (8) inches in height but less than twelve (12) inches in height, and that is less than twelve (12) inches in diameter.
Site - means any location or medical marijuana to which pesticide is applied.
State-issued document - a document issued by the State or U.S. territory agency responsible for administering the medical marijuana program in that state or U.S. territory which bears on its face the nonresident patient's name and program identification number, and an official seal or imprint.
TCS Food - A food that requires time and temperature control in order to ensure food safety.
Testable Sample - A representative sample that is large enough in quantity to perform all of the required tests.
Testing Laboratory - An entity that is not owned or operated by a director, officer, member, incorporator, agent, or employee of a cultivation center or dispensary, and is registered by the Board to test medical marijuana and medical marijuana products that are to be sold.
Tincture - means a solution of alcohol, cannabinoid concentrate, or extract, which may or may not include other ingredients intended for human consumption or ingestion.
Tolerance - means a level of pesticide residue in or on food that the Environmental Protection Agency has determined with reasonable certainty will not pose a hazard to public health when used in accordance with label directions.
Topical - means a cannabinoid product intended to be applied to skin or hair.
Useable medical marijuana - means the dried leaves and flowers of the marijuana plant, and any mixture of preparation thereof, and does not include seeds, stems, stalks or roots of the plant.
Water Activity - The available water ratio for microorganisms or bacteria to grow, expressed on a scale of 0 to 1, where 1 is pure water.
D.C. Mun. Regs. tit. 22, r. 22-C9900