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Marijuana Legalization and Regulation Act – Community Feedback

Hands off Homegrow!

On January 8, 2019, Councilmember David Grosso, together with Councilmembers Robert White, Brianne Nadeau, and Anita Bonds, introduced the Marijuana Legalization and Regulation Act of 2019.

Totally different sections of the regulation have been referred to the committee on Judiciary and Public Security, Committee on Business and Economic Improvement, Committee on Finance and Income, and Committee of the Entire with comments from the Committee on Transportation and the Setting. No hearings have been scheduled but.

With the Mayor’s Protected Hashish Act of 2019, there at the moment are two totally different hashish legalization bills earlier than the DC Council. We consider that the perfect regulation shall be a hybrid of each legal guidelines and ample witness testimony offered by DC’s hashish group.

As a way to get hold of the DC hashish group’s considerations about this laws, we now have created a radical group feedback type right here on our web site. The complete legislation damaged into chapters the place you’ll be able to provide feedback for every part. At an upcoming DCMJ Planning Meeting, earlier than the public hearing, we’ll go over the group feedback and draft our testimony based mostly on the feedback you provide.

DC CANNABIS COMMUNITY FEEDBACK INSTRUCTIONS:

  • We propose reading all the legislation first before making any comments. You don’t should be a lawyer to know the regulation! By reading the legislation in it’s entirety you will get a greater picture of the laws.
  • Discover elements of the laws you like, dislike, want to have changed or added to
  • Discover the corresponding Chapter and Section on this page (Like Chapter 25, Section 03 = 2503) and select the right dropdown box. Some Sections have Subsections (a, b, c, d, and so forth.), whereas others don’t. To make sure your feedback is probably the most direct, embrace the Subsection when out there
  • Enter your feedback into the Google Type. Be as descriptive as attainable. Clarify why you assume the section is sweet, dangerous, must be eliminated, or modified
  • Attend an upcoming DCMJ Planning Meeting to debate your suggestions and hear other’s feedback. By together with your e-mail handle, we’ll add you to the DCMJ e-mail listing so you’ll know once we are discussing the legislation subsequent

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
act could also be cited because the “Marijuana Legalization and Regulation Act of 2019”.

Part 2. Definitions.

For the purposes of this act, the term:
(1) “Batch” means a particular amount of marijuana, useable marijuana, or marijuana-infused product identified by a batch number, each portion or package deal of which is uniform within recognized tolerances for elements that appear within the labeling.

(2) “Batch number” mean an identifier for a batch that features the licensee by enterprise or trade identify and the District of Columbia business identifier number, and the date of harvest or processing for every lot of marijuana, useable marijuana, or marijuana-infused product.

(three) “Manufacture” means the manufacturing, preparation, propagation, compounding, conversion, or processing of a controlled substance, either instantly or indirectly or by extraction from substances of natural origin, or independently via chemical synthesis, or by a mixture of extraction and chemical synthesis, and consists of any packaging or repackaging of the substance or labeling or relabeling of its container. The time period “manufacture” doesn’t embrace the preparation, compounding, packaging, repackaging, labeling, or relabeling of a controlled substance by a practitioner in the middle of a practitioner’s professional apply, or by a practitioner for the purpose of analysis, educating, or chemical analysis £ind not on the market.

(4) “Marijuana” means all elements of the plant Cannabis, whether or not rising or not, with a THC focus higher than zero.3 % on a dry weight foundation; the seeds thereof; the resin extracted from any a part of the plant; and every compound, manufacture, salt, by-product, combination, or preparation of the plant, its seeds or resin. The time period “retail marijuana” doesn’t embrace the mature stalks of the plant, fiber produced from the stalks, oil or cake constructed from the seeds of the plant, some other compound, manufacture, salt, by-product, combination, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination, or the load of another ingredient mixed with marijuana to organize topical or oral administrations, meals, drink, or different product.

(5) “Marijuana products” means marijuana, marijuana concentrates, including hashish, or marijuana-infused products.

(6) “Mature plant” means a plant that is flowering.

(7) “Plant” means any dwelling organism that produces its personal meals by way of photosynthesis and has observable root formation or is in progress material; it doesn’t embrace such an organism that is in the strategy of drying or “curing” has been uprooted or is just not planted in soil or a hydroponic system.

(eight) “THC potency” means % of delta-9 tetrahydrocannabionol content per dry weigh of any part of the plan Cannabis, or per quantity or weight of marijuana product.

(9) “Transfer” means to grant, convey, hand over, assign, promote, change, or barter in any method or by any means.

(10) “Transfer without remuneration” means a transfer not in trade for something of value, including cash, real property, tangible and intangible private property, contract rights, choses in motion, providers, and any rights of use or employment guarantees or agreements related therewith. A switch without remuneration features a transfer by which a gaggle of individuals over 21 years of age pool cash which one particular person will use to purchase retail marijuana products which are subsequently apportioned based mostly on the money pooled. A switch with out remuneration doesn’t embrace the transfer of marijuana contemporaneously with another transaction for remuneration between the identical events, a gift of marijuana provided or marketed together with a suggestion for sale of goods or providers, or a gift of marijuana that’s contingent upon a separate transaction for goods or providers.

(11) “Unprocessed marijuana” means marijuana on the time of the primary switch or sale from a retail marijuana cultivation facility to a retail marijuana product manufacturing facility or a retail marijuana retailer.

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Part 3

(a) However some other regulation, for an individual who is at the least 21 years of age, the following acts shall not constitute a civil or legal offense underneath District regulation or be a basis for seizure or forfeiture of belongings beneath District laws:

(1) Possessing, displaying, buying, or transporting 2 ounces or less of dried marijuana, marijuana-infused products containing 1,000 miligrams or less of THC, or 10 grams or less of marijuana focus;

(2) Consumption of marijuana;

(three) Possessing, growing, processing or transporting not more than 6 marijuana crops, not more than three of which can be mature crops, and possession of the marijuana produced by the crops on the premises the place the crops have been grown, offered that the rising takes place in an enclosed, locked area and isn’t carried out publicly;

(4) Manufacturing, selling, possessing, displaying, buying, or transporting marijuana paraphernalia;

(5) Switch with out remuneration of two ounces or less of dried marijuana, marijuana-infused products containing 1,000 milligrams or less of THC, or 10 grams or much less of marijuana focus to an individual who is a minimum of 21 years of age; or

(6) Aiding one other particular person who’s at the very least 21 years of age in any of the acts 101 described on this subsection.

(b)(1) For a person who has not reached 21 years of age, the acts described in subsection (a) of this section shall not represent a civil or felony offense underneath District regulation or be a foundation for seizure or forfeiture of belongings underneath District legal guidelines, however shall constitute a civil infraction.

(2) A person who has not reached 21 years of age and who commits an act described in subsection (a) of this section shall be topic to a civil nice of $25, or the efficiency of group service if unable to pay, and seizure of any marijuana and paraphernalia visible to the police officer on the time of the civil violation.

(A) If the individual in this paragraph is beneath 18 years of age, the Office of Administrative Hearings shall mail a replica of the notice of violation to the dad or mum or guardian of the individual to whom the discover of violation is issued on the tackle offered by the individual on the time the quotation is issued pursuant to § 48-1202.

(three) For the needs of this subsection, the term “civil violation” shall have the same which means as a civil Notice of Violation for the needs of § 16-2333(a)(l A).

(4) Besides as offered on this subsection, the District shall not request or impose some other type of penalty, sanction, forfeiture, or disqualification for violations described in this paragraph; offered, that this paragraph does not apply to District government employers if drug use is specifically prohibited as a condition of employment, nor shall this paragraph apply to Unit A of Chapter 25 of Title 7 [§ 7-2501.01 et seq.] and Chapter 45 of Title 22 [§ 22-4501 et 121 seq.].

(c) Nothing on this part shall present a protection to:

(1) Claims of negligence or skilled malpractice referring to efficiency of acts while beneath the influence of marijuana merchandise;

(2) Fees of working or being in bodily management of a car while underneath the affect of an intoxicating drug (§ 50-2201.05(b)( 1 )(A)(i)(II)); or

(3) Operating or being in bodily management of any vessel or watercraft beneath the influence of an intoxicating drug (§ 25-1004(a)(three)).

(Four) All local schooling businesses shall adopt applicable insurance policies and guidelines that prohibit using all tobacco products and all retail marijuana or retail marijuana merchandise approved by this act, on faculty property by students, academics, employees, and guests and that provide for the enforcement of those insurance policies.

(d) For the needs of § 16-803.02 of the District of Columbia Official Code, all violations of the District of Columbia Uniform Controlled Substances Act of 1981, effective August 5, 1981 (D.C. Regulation 4-29; D.C. Official Code § 48-901.02 et seq.) relating solely to marijuana or marijuana paraphernalia that occurred or have been alleged to have occurred prior to the efficient date of this act shall be thought-about decriminalized.

(1) For an individual arrested, prosecuted, or convicted for a violation or alleged violation described in subsection (d) of this part, the Clerk of the Courtroom shall:

(A) Search diligently for and expunge every courtroom document associated to the individual’s arrest, prosecution, and conviction, as applicable; offered that in a case involving co-defendants, the Clerk might require expungement of solely those data, or portions thereof, relating solely to the individual, and shall require redaction of the individual’s identify to the extent practicable from data that are not expunged, however needn’t require redaction of references to the person who seem in a transcript of courtroom proceedings involving the co-defendants;

(B) Send to the prosecutor, any regulation enforcement agency, and any pretrial, corrections, or group supervision agency a notice of expungement and directions for expungement of each report that the entity keeps as to the arrest and fees; and

(C) Advise in writing the individual entitled to expungement of the actions undertaken.

(2) Inside 30 days after receipt of the notice described in subsection (d)(1) of this section, the prosecutor, any regulation enforcement company, and any pretrial, corrections, or group supervision agency shall:

(A) Search diligently for and expunge each document associated to the arrest, confinement, or expenses; and

(B) Advise in writing the individual entitled to expungement of compliance.


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Section Four. The District of Columbia Uniform Controlled Substances Act of 1981, effective August 5, 1981 (D.C. Regulation 4-29; D.C. Official Code § 48-901.02 et seq.), is amended as follows:

(a) Part 208 (D.C. Official Code § 48-902.08) is amended as follows:

(1) Subparagraph (a)(6) is amended to read as follows:

“(a)(6) Cannabis only when it relates to:
“(1) Driving or boating under the influence of drugs pursuant to D.C. Official Code § 50-2206.01; and
“(2) Possession or distribution that is not pursuant to the Legalization of Possession of Minimal Amounts of Marijuana for Personal Use Initiative of 2014, effective February 26, 2015 (D.C. Law 20-153; D.C. Official Code § 48-904.01(a)(1)(A) et seq) or section 6 of the Marijuana Legalization and Regulation Act of 2019.”

(b) Part 206 (D.C. Official Code § 48-902.06) is amended as follows:
(1) Subparagraph (1)(F) is amended to read as follows:
“(1)(F) Hashish only as it relates to D.C. Official Code § 50-2206.01 for the purpose of defining controlled substances as they relate only to driving under the influence of drugs.”

(c) Section 401 (D.C. Official Code § 48-904.01) is amended as follows:
(1) Subsection (g) is amended by putting the phrase “marijuana, or depressant or stimulant drugs” and inserting the phrase “or depressant or stimulant drugs” as a substitute.


Section 5. The Drug Paraphernalia Act of 1982, efficient September 17, 1983 (D.C Regulation 4- 177 419; D.C. Official Code § 48-1101 er seq.), is amended as follows:

(a) Section 2(three) (D.C. Official Code § 48-1101(three)) is amended as follows:
(1) Subparagraph (G) is repealed.
(2) Subparagraph (L) is amended as follows:
(A) Strike the phrase “Cannabis, cocaine, hashish, hashish oil, or any other controlled substance” and insert the phrase “cocaine or any other controlled substance” as a substitute.


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Part 6. Title 25 of the District of Columbia Official Code is amended as follows:

(a) A brand new part 25-105 is added to learn as follows:

Ҥ 25-105. Sale of marijuana products with no license prohibited.
“(a) No individual shall promote marijuana merchandise in the District with out having first obtained an applicable license as required by this title.
“(b) No marijuana cultivator or marijuana products manufacturer situated inside the District shall supply any marijuana merchandise for sale to, or solicit orders for the sale of any marijuana products from, any individual not licensed underneath this title, regardless of whether the sale 192 is to be made inside or outdoors of the District.
“(c) No licensee or individual shall ship, import, export or cause to be shipped or imported 1into or exported outdoors of the District any marijuana products.
“(d) No retail marijuana store licensee shall purchase, promote, or supply on the market any marijuana merchandise obtained from any individual not licensed beneath this title.
“(e) Nothing on this part shall be construed to ban any conduct permitted by Chapter 16B of Title 7 [§ 7-1671.01 et seq.]

(b) Section 25-104(c) is amended to read as follows:

“A license to sell alcoholic beverages or marijuana products, except those permitted by Chapter 16B of Title 7 [§ 7-1671.01 et seq.], in the District can be granted only by the Board upon completion of the application and review process as contained in this title.”

(c) A brand new subchapter III is added to read as follows:
“SUBCHAPTER III. CLASSIFICATION OF RETAIL MARIJUANA LICENSES “§ 25-130. Common Provisions.
“(a) For the aim of regulating the cultivation, manufacture, distribution, sale, consumption, and testing of retail marijuana and retail marijuana products, the Board in its discretion, upon receipt of an software in the prescribed type, might problem and grant to the applicant a license from any of the following courses:
“(1) Retail marijuana cultivation facility license;
“(2) Retail marijuana products manufacturing license;
“(3) Retail marijuana retailer license;
“(Four) Retail marijuana testing facility license;
“(5) Retail on-premises consumption facility license;
“(6) Occupational licenses and registrations for house owners, managers, operators, staff, contractors, and other help employees employed by, working in, or accessing restricted areas of licensed premises, as determined by the Board.
“(b) A twin medical marijuana dispensary and retail marijuana store shall keep separate stock and report retaining, and shall present a plan to the Board relating to its plan to ensure it can continue to satisfy the wants of medical patients including minors.
“(c) A license issued underneath this section shall be valid for a time period of three years and could also be renewed upon completion of the procedures set forth by the Board and cost of the required fees.
“(d) The Board might revoke or elect not to renew any license if it determines that the licensed premises have been inactive or deserted with out good cause, for no less than six months.
“(e) The Board shall require an entire disclosure of all persons having, a direct or indirect financial interest, and the extent of such curiosity, in each license issued underneath this subchapter.
“(f) All staff or contractors of amenities licensed beneath this subchapter shall be 21 years of age or older.
“(g) The Board shall have the authority to alter license and software charges established by the act and create further licenses, permits, endorsements and software fees subject to Council approval in accordance with D.C. Code § 25-211(b).

Ҥ 25-131. Retail marijuana cultivation facility license requirements.
“(a) A retail marijuana cultivation facility license shall authorize the licensee to domesticate retail marijuana for sale and distribution to licensed retail marijuana shops, retail marijuana merchandise manufacturing licensees, or different retail marijuana cultivation amenities.

“(b) A retail marijuana cultivation facility shall remit any relevant excise tax due in accordance with section 9 of this act based mostly on the typical wholesale costs set by the Board in consultation with the Workplace of the Chief Financial Officer.

“(c) A retail marijuana cultivation facility shall monitor the marijuana it cultivates from seed or immature plant to wholesale buy. Prior to supply of any bought retail marijuana the retail 243 marijuana cultivation facility shall present proof that it paid any applicable excise tax on retail marijuana due pursuant to section 9 of this act.

“(d) A retail marijuana cultivation facility might provide, besides as required by section 7 subsection (eight) of this act, a sample of its merchandise to a facility that has a marijuana testing facility license from the Board for testing and analysis purposes. A retail marijuana cultivation facility shall keep a report for 5 years of what was offered to the testing facility, the id of the testing facility, and the testing results. The Board might approve various methods for a retail marijuana cultivation facility to test its products until a number of testing amenities within the District of Columbia turn out to be operational.

“(e) Retail marijuana or retail marijuana-infused merchandise rnay not be consumed on the premises of a retail marijuana cultivation facility.

“(f)(1) The maximum software payment for the retail marijuana cultivation facility license shall be $5,000.

“(2) The appliance charge for a person who’s presently working in good standing as a registered medical marijuana cultivation middle pursuant to the Legalization of Marijuana for Medical Remedy Modification Act of 2010, efficient July 27, 2010 (D.C. Regulation 18-210; D.C. Official Code ss. 7-1671.01 et seq.), shall be $1,000. This subsection (f)(2) is repealed, efficient 260 December 31, 2020.

“(g) If a retail marijuana cultivation facility licensee intends to fabricate retail marijuana merchandise, a separate software shall be filed. An individual might function a licensed marijuana cultivation facility and licensed retail marijuana merchandise manufacturing facility in the same location.

“(h) A retail marijuana cultivation facility license shall not be leased or subcontracted partially or in entire.

Ҥ 25-132. Retail marijuana merchandise manufacturing license necessities.
“(a) A retail marijuana products manufacturing license shall authorize the licensee to fabricate marijuana merchandise.
“(b) A retail marijuana products manufacturing licensee might domesticate its personal marijuana if it obtains a retail marijuana cultivation facility license, or it might buy marijuana from a licensed retail marijuana cultivation facility. A retail marijuana products producer shall monitor all of its marijuana from the purpose when it is either transferred from its retail marijuana cultivation facility or the purpose when it’s delivered to the retail marijuana products producer from a licensed retail marijuana cultivation facility to the purpose of transfer to a licensed retail marijuana retailer.
“(c) A retail marijuana products producer shall not accept any marijuana bought from a retail marijuana cultivation facility until the retail marijuana products producer is provided with proof that any applicable excise tax due pursuant to section 9 of this act, was paid.

“(d) Along with any guidelines relating to marijuana products manufacturing promulgated by the Board pursuant to this title, a licensed retail marijuana manufacturer shall adhere to the following:

“(1)(A) Marijuana products shall be prepared on a licensed premises that’s used solely for the manufacture and preparation of marijuana products and utilizing gear that is used solely for the manufacture and preparation of marijuana merchandise;

“(B) A retail marijuana products manufacturing licensee might share the same premises as a medical marijuana-infused products manufacturing licensee so long as a virtual or physical separation of the inventory is maintained pursuant to any rules promulgated by the Board;

“(2) All licensed premises on which marijuana products are manufactured shall meet the sanitary standards for marijuana product preparation promulgated pursuant to part 7(b)(7) of this act;

“(three) The marijuana merchandise shall be sealed, packaged, and conspicuously labeled in compliance with this act and any guidelines promulgated pursuant to this act by the Board;

“(4)Marijuana products will not be consumed on the premises of a retail marijuana products manufacturing facility;

“(5) A retail marijuana products producer might provide, except as required by part 7(b)(8) of this act, a pattern of its products to a facility that has a marijuana testing facility license from the Board for testing and research purposes. The Board might approve various strategies for a retail marijuana products producer to test its products till one or more testing amenities in the District of Columbia develop into operational. A retail marijuana products producer shall keep a document for 5 years of what was offered to the testing 304 facility, the id of the testing facility, and the testing results;

“(6) An edible marijuana product shall record its components and compatibility with dietary practices; and

“(7) All marijuana products that require refrigeration to stop spoilage have to be stored and transported in a refrigerated surroundings.

“(e) A retail marijuana products producer shall not:
“(1) Add any marijuana to a food product the place the producer of the meals product holds a trademark to the food product’s identify; besides that a manufacturer might use a trademarked meals product if the producer uses the product as a element or as a part of a recipe and where the marijuana product producer doesn’t state or advertise to the buyer that the final marijuana product incorporates trademarked meals product;

“(2) Intentionally or knowingly label or package deal a marijuana product in a fashion that may trigger an inexpensive shopper confusion as as to if the marijuana product 317 was a trademarked meals product;

“(three) Label or package deal a product in a fashion that violates any federal trademark regulation or regulation; or

“(4) Label or package deal a product in a fashion that markets to minors.

“(f) The utmost software payment for the retail marijuana merchandise manufacturing license shall be $5,000.

“(g) A retail marijuana merchandise manufacturing license shall not be leased or subcontracted partially or in entire.

Ҥ 25-133. Retail marijuana store license requirements.
“(a) A retail marijuana retailer license shall authorize the licensee to promote marijuana merchandise for off-premises consumption at a retail marijuana retailer. A retail marijuana store license shall be issued solely to an establishment situated inside a physical constructing.

“(b) A retail marijuana store licensee shall transact with a retail marijuana merchandise manufacturing licensee for the acquisition of marijuana merchandise which can occur upon both licensee’s licensed premises.

“(c) A retail marijuana retailer shall buy marijuana merchandise from a licensed retail marijuana cultivation facility. A transaction between a retail marijuana store and a retail marijuana cultivation facility license for the acquisition of retail marijuana might occur upon both licensee’s licensed premises

“(d) A retail marijuana store shall not settle for any marijuana purchased from a retail marijuana cultivation facility until the retail marijuana store is supplied with evidence that any applicable excise tax due pursuant to part 9 of this act, was paid.

“(e) A retail marijuana retailer shall monitor all of its marijuana merchandise from the point that they’re transferred from a retail marijuana cultivation facility or retail marijuana merchandise manufacturer to the purpose of sale.

“(f) Previous to initiating a sale, the worker of the retail marijuana store making the sale shall confirm that the purchaser has a legitimate identification card displaying the purchaser is 21 years of age or older. A retail marijuana retailer or its agent or employee shall take steps fairly vital to determine whether any individual to whom the licensee sells retail marijuana or retail marijuana products if of authorized age. Any one that provides a legitimate identification doc displaying his or her age to be twenty-one years of age or older shall be of legal age.

“(g) A retail marijuana store shall not sell:
“(1) More than a 1/Four ounce of marijuana, marijuana-infused merchandise containing greater than 250 miligrams of THC, or more than 2.5 grams of marijuana concentrate, or any equal combination thereof during a single transaction to a person who doesn’t have a legitimate identification card displaying that the individual is a resident of the District of Columbia; or

“(2) Greater than 2 ounces of marijuana, marijuana-infused merchandise containing greater than 1,000 miligrams of THC, or greater than 10 grams of marijuana focus, or any equal combination thereof during a single transaction to a person who offers a legitimate identification card displaying that the individual is a resident of the District of Columbia.

“(h) All marijuana products bought at a licensed retail marijuana store shall be packaged and labeled as required by the Board.

“(i) A licensed retail marijuana store might only promote marijuana merchandise, marijuana accessories, non-consumable products reminiscent of apparel, and marijuana related merchandise comparable to childproof packaging containers.

“(j) A licensed retail marijuana store shall not:
“(1) Sell or give away any consumable product, including but not restricted to cigarettes, e-cigarettes or alcohol, or edible product that does not include marijuana, including but not restricted to sodas, candies, or baked items; or
“(2) Sell any marijuana merchandise that include nicotine or alcohol.

“(okay) A retail marijuana retailer might provide, besides as required by part 7(b)(8) of this act, a pattern of its products to a facility that has a marijuana testing facility license from the Board for testing and research functions, A retail marijuana retail store shall keep a document for 5 years of what was offered to the testing facility, the id of the testing facility, and the testing results.

“(l) Marijuana products will not be consumed on the premises of a retail marijuana retailer.

“(m) The maximum software charge for the retail marijuana store license shall be $5,000.

“(n) A retail marijuana retailer license shall not be leased or subcontracted partially or in entire.

“(o) A retail marijuana store license shall be subject to the public remark and notice necessities set forth in D.C. Code §§ 25-421 and 25-423 previous to issuance.

Ҥ 25-134. Retail marijuana on-premises consumption facility requirements.

“(a) A retail marijuana on-premises consumption facility license shall authorize the licensee to promote marijuana products for on-premises consumption inside the designated premises and sell or furnish marijuana paraphernalia for the aim of on-premises consumption inside the designated premises regulated by the District of Columbia Alcohol Beverage Management Board and topic to evaluation every three years.

“(b) A retail marijuana on-premises consumption facility license shall authorize the licensee to promote marijuana products bought from a producer licensee in accordance with the provisions of this act and the principles adopted to implement and implement it, offered that portions obtainable for buy are designated for on-premises consumption.

“(c) A retail marijuana on-premises consumption facility license shall be subject to the public comment and notice requirements set forth in D.C. Code §§ 25-421 and 25-423 prior to issuance.

Ҥ 25-135. Retail marijuana testing facility necessities.
“(a) A retail marijuana testing facility license shall authorize the licensee to carry out testing and analysis on marijuana. The power might develop and check marijuana merchandise.

“(b) The Board shall promulgate rules pursuant to its authority in section (7)(b)(11) of this act related to acceptable testing and analysis practices, together with however not restricted to testing, standards, quality control evaluation, gear certification and calibration, and chemical identification and different substances used in bona fide analysis strategies.

“(c) An individual who has an interest in a retail marijuana testing facility license for testing purposes obtained by way of this title shall not have any interest in a licensed medical marijuana dispensary, a licensed medical marijuana cultivation middle, a licensed retail marijuana cultivation facility, a licensed retail marijuana merchandise producer, or a licensed retail marijuana store. An individual who has an interest in a licensed medical marijuana dispensary, a licensed medical marijuana cultivation middle, a licensed retail marijuana cultivation facility, a licensed retail marijuana merchandise manufacturer, or a licensed retail marijuana retailer shall not have an interest in a facility that has a retail marijuana testing facility license.

“(d) The utmost software charge for the retail marijuana testing facility license shall be $5,000.

“(e) A retail marijuana testing facility license shall not be leased or subcontracted partially or in entire.

Ҥ 25-136. Limits on financial interests.
“(a) No person or business entity may have a financial or voting interest of 10% or greater in more than 3 licensed retail marijuana establishments of any single category, or more than 1/2 of all licensed retail marijuana establishments of a single category, whichever is lesser.”.

(e) Section 25-206(g) is amended as follows:
(1) Redesignate the prevailing textual content as paragraph (1).
(2) Adding a brand new paragraph (2) to learn as follows:

“(2) No member or employee of the Board, directly or indirectly, individually, or as a member of a partnership, association, or limited liability company, or a shareholder in a corporation, shall have any interest, in the cultivation, products manufacturing, or sale of retail marijuana or retail marijuana-infused products, or derive any profit or commission from any person licensed under this act to cultivate, produce retail marijuana or marijuana-infused products or sell retail marijuana or retail marijuana-infused products; provided, that a Board member or employee may purchase, transport, or keep in his or her possession retail marijuana or retail marijuana-infused products for his or her personal use or the use of the members of his or her family or guests.”.

(f) Section 25-212 is amended as follows:

(1) Redesignate the prevailing textual content as paragraph (a).
(2) Including a new paragraph (b) to read as follows:

“(b) The new licensee orientation class established by ABRA for retail marijuana licenses shall be mandatory for all new retail marijuana licensees.”.

(g) Section 25-301 is amended by adding a new subsection (a-2) to learn as follows:
“(a-2) Before issuing, transferring to a new owner, or renewing a retail marijuana license, the Board shall determine that the applicant meets all the following standards:
“(1) The applicant is usually fit for the duties of licensure.
“(2) The applicant is at the least 21 years of age.
“(3) The applicant has been a resident of the District of Columbia for at the very least six months before making use of to obtain a license.

“(Four) The applicant has not been convicted, inside the 10 years prior to software, of a felony that bears on fitness for licensure, besides if the Board determines that the applicant is in any other case suitable to be issued a license, and granting the license wouldn’t compromise public security. The Board shall conduct a radical evaluate of the nature of the crime, conviction, circumstances, and evidence of rehabilitation of the applicant, and shall consider the suitability of the applicant to be issued a license based mostly on the proof discovered by means of the assessment. A drug-related felony conviction prior to the effective date of this act does not bear on the fitness for licensure absent aggravating circumstances.

“(5) The applicant is the true and precise owner of the establishment for which the license is sought, and he or she intends to hold on the enterprise for himself or herself and not because the agent of some other particular person, partnership, association, limited legal responsibility firm, or company not identified in the software.

“(6) The licensed institution might be managed by the applicant in individual or by a Board-licensed supervisor possessing the same qualifications required of the licensee.

“(7) The licensed institution won’t be situated or operated on federal property.

“(8) The applicant has submitted an adequate security plan and has complied with all the requirements of this title and regulations issued under this title.”.

(h) Section 25-303(a) is amended by including a brand new paragraphs (4) and (5) to learn as follows:
“(4) No licensee beneath a retail marijuana store’s license shall hold an interest in a retail marijuana cultivation facility license, a retail marijuana merchandise producer license, or a retail marijuana testing facility license.

“(5) No licensee under a retail marijuana cultivation facility license or a retail marijuana products manufacturer license shall hold an interest in a retail marijuana store license or retail marijuana testing facility license.”.

(i) A brand new section 25-512 is added to learn as follows:
Ҥ 25-512. Maximum annual payment for retail marijuana licenses.
“(a) The maximum annual fees for a retail marijuana cultivation facility license; retail marijuana merchandise manufacturing license; retail marijuana retailer license; and retail marijuana 468 testing facility license shall be as follows:

License ClassValue/Yr
Retail Marijuana Cultivation Facility $5,000
Retail Marijuana Products Manufacturing $5,000
Retail Marijuana Retailer$5,000
On-premise Consumption Facility$5,000
Retail Marijuana Testing Facility$5,000

(j) A brand new section 25-786 is added to read as follows:
Ҥ 25-786. Sale of retail marijuana to minors or intoxicated persons prohibited.
“(a) The sale or supply of retail marijuana or retail marijuana infused products to the following persons is prohibited:

“(1) A person beneath 21 years of age, either for the individual’s own use or for using some other individual; or
“(2) An intoxicated individual, or any one that seems to be intoxicated.
“(b) A licensee or different individual shall not, at a licensed establishment, give, serve, ship, or in any method dispense retail marijuana or retail marijuana-infused product to an individual beneath 21 years of age.

“(c) A licensee shall not be liable to any individual for damages claimed to arise from refusal 486 to sell retail marijuana or retail marijuana-infused product in its establishment beneath the authority of this section.

“(d) Upon discovering that a license has violated subsections (a) or (b) of this section within the 489 previous 2 years:

“(1) Upon the first violation, the Board shall wonderful the licensee not lower than $2,000, and not more than $3,000, and suspend the licensee for 5 consecutive days; offered, that the 5-day suspension may be stayed by the Board for one yr.

“(2) Upon the 2nd violation, the Board shall positive the licensee not lower than $3,000, and not more than $5,000, and droop the licensee for 10 consecutive days; offered, that the Board might keep as much as 6 days of the 10-day suspension for one yr;

“(3) Upon the 3rd violation, the Board shall fine the licensee not less than $5,000, and not more than $10,000, and suspend the licensee for 15 consecutive days, or revoke the license; provided, that the Board may stay up to 5 days of the 15-day suspension for one year;
“(4) Upon the 4th violation, the Board may revoke the license; and
“(5) The Board may revoke the license of a licensed establishment that has 5 or more violation of this section within a 5-year period.”.

(okay) A new part 25-833 is added to read as follows:
Ҥ 25-833. Civil penalties for retail marijuana
“(a) Within 90 days after the effective date of the act, ABRA shall submit proposed regulations setting forth a schedule of civil penalties (“schedule”) for violations of Title 25 related to retail marijuana to the Council for a 60-day period of evaluation, including Saturdays, Sundays, holidays, and durations of Council recess. If the Council doesn’t approve, in entire or partially, the proposed laws by decision inside the 60-day evaluation period, the laws shall be deemed disapproved.

“(b) The schedule shall be ready in accordance with the following provisions:
“(1) The schedule shall include 2 tiers that mirror the severity of the violation for which the penalty is imposed:

“(A) The primary tier shall apply to extra extreme violations, including service to minors or violation of hours of sale of retail marijuana; and

“(B) The secondary tier shall apply to much less extreme violations, including failure to submit required signs.

“(2) A subsequent violation in the identical tier, whether a violation of the same provision or totally different one, shall be handled as a repeat violation for the needs of imposing an increased penalty; offered, that each one secondary tier infractions cited by ABRA investigators or Metropolitan Police Division Officers, during a single investigation or inspection on a single day, shall be deemed to be one secondary tier violation for the needs of determining repeat violations underneath this section.

“(3) The schedule of civil penalties shall also embrace a complete warning and violation structure, which shall embrace suggestions on which violations of the act or laws shall require a warning for a first-time violation prior to penalty.

“(c) The minimal penalties for violations shall comply with in accordance with section § 25-830 of the D.C. Code.

“(1) There shall be no warning for a first time violation of § 25-786.”.

(j) Part 25-1002 subsection (a) is amended to read as follows:
“(a) No person who is under 21 years of age shall purchase, attempt to purchase, possess, or consume an alcoholic beverage or retail marijuana product in the District, except as provided under subchapter IX of Chapter 7. This subsection shall not apply to a person under 21 years of who is acting under the direction of ABRA for the purpose of investigating possible violations of laws that prohibit the sale of retail marijuana or retail marijuana-infused product to persons who are under 21 years of age.”.

(m) Section 25-1002 subsection (b)(1) and (b)(2) is amended to read as follows;
“(b)(1) No individual shall falsely symbolize his or her age, or possess or current as proof of age an identification doc which is in any means fraudulent, for the purpose of buying, possessing or consuming an alcoholic beverage, retail marijuana, or a retail marijuana-infused product in the District.

“(2) No person shall present a fraudulent identification document for the purpose of
entering an establishment possessing an on-premises retailer’s license, an Arena C/X license, a temporary license, a retail marijuana cultivators license, a retail marijuana products manufacturer license, an on-premises consumption facility license, or a retail marijuana store license.”.


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Section 7. Duties of ABRA relating to marijuana regulation.

(a) The Alcoholic Beverage Regulation Administration (“ABRA”) shall implement and keep a secure, electronic seed-to-sale monitoring and reporting system, that tracks retail marijuana from both seed or immature plant stage till the sale of the marijuana product to a customer at a retail marijuana retailer, to make sure that no marijuana grown or processed by a licensed retail marijuana institution is bought or in any other case transferred besides by a retail marijuana store. The system shall be web-based and accessible by ABRA, the Workplace of the Chief Monetary Officer, regulation enforcement and licensees. ABRA might cost licensees an annual charge to take care of the cost of the system.

(b) ABRA, subject to provisions of this act, shall adopt guidelines inside 180 days of the efficient date of this act to determine the procedures and criteria necessary to implement the next:

(1) Figuring out, in session with the Workplace of Planning, the utmost number of retail marijuana operations that could be licensed within the District, making an allowance for:
(A) Population distribution and future progress;
(B) Safety and questions of safety;
(C) The supply of sufficient entry to license sources of marijuana products to discourage purchases from the unlawful market;
(D) The necessity to stability such access, and the jobs and financial alternative created by marijuana businesses, with the need to avoid an undue focus of companies in a neighborhood or Ward;

(2) Labeling requirements for retail marijuana and retail marijuana products bought by a retail marijuana store license, to include however not be restricted to:
(A) The license number of the retail marijuana cultivation facility;
(B) The license number of the retail marijuana retailer;
(C) The batch numbers of the retail marijuana;
(D) THC potency of the marijuana, useable marijuana, or marijuana-infused product and the efficiency of different cannabinoids or different chemical compounds;
(E) Quantity of THC per serving and the variety of servings per package deal for marijuana products;
(F) A internet weight statement;
(G) An inventory of components and attainable allergens for retail marijuana-infused or edible marijuana products;
(H) A dietary reality panel for edible marijuana products;
(I) A advocate use by or expiration date for retail marijuana products;
(J) Medically and scientifically accurate statement concerning the well being and safety risks posed by marijuana use;
(Okay) A common image indicating the package deal incorporates marijuana;

(three) Establishing affordable time, place, and manner restrictions for promoting or consuming marijuana merchandise;

(4) Establishing affordable time, place, and method restrictions and necessities relating to signage, advertising, and advertising of marijuana products, making an allowance for:
(A) Minimizing exposure of individuals beneath twenty-one years of age to the advertising; and
(B) The inclusion of medically and scientifically correct statements concerning the health and safety risks posed by marijuana use within the promoting, merchandising and packaging;

(5) Specifying and regulating the time and durations when, and the way, methods, and means by which, licensees shall transport and ship marijuana merchandise inside the District of Columbia;

(6) Inspection requirements for places utilized by marijuana cultivation, manufacture and retail institutions to ensure proper circumstances of sanitation;

(7) Sanitary necessities for retail marijuana institutions, including but not limited to sanitary necessities for the preparation of retail marijuana merchandise;

(eight) Health and security regulation and requirements for the manufacture of retail marijuana products and the cultivation of retail marijuana;

(9) Limitations on the show of retail marijuana products;

(10) Regulation of the storage of, warehouses for, and transportation of retail marijuana and retail marijuana merchandise;

(11 )(A) Establishing an unbiased testing and certification program for marijuana merchandise, within an implementation time-frame established by ABRA, requiring licensees to test marijuana to ensure at a minimal that products bought for human consumption don’t include contaminants which might be injurious to well being and guarantee right labeling;

(B) ABRA shall decide the protocols and the frequency of marijuana testing by licensees;

(C) Testing shall embrace, but not be restricted to, analysis for residual solvents, poisons, or toxins; dangerous chemical compounds; dangerous molds or mildew; filth; and dangerous microbials akin to E. Coli or salmonella and pesticides;

(D) In the occasion that check outcomes point out the presence of quantities of any substance decided to be injurious to health, such merchandise shall be instantly quarantined and speedy notification to ABRA shall be made. The contaminated product shall be documented and correctly destroyed;

(E) Testing shall additionally verify THC potency representations for correct labeling;

(F) ABRA shall determine a suitable variance for potency representation and procedures to deal with efficiency misrepresentations; and

(G) The Division of Health shall present to ABRA standards for licensing laboratories pursuant to the requirements outlined in subsection (12)(A) for marijuana and marijuana products;

(12) Procedures for identifying, seizing, confiscating, destroying, and donating to regulation enforcement for coaching functions all marijuana, useable marijuana, and marijuana-infused merchandise produced, processed, packaged, labeled, or provided on the market in this District of Columbia that do not conform in all elements to the requirements prescribed by this act or the principles of the ABRA.

(13) Establishing the method and qualifications for licensing and/or registering house owners, managers, operators, staff, contractors, and other help employees employed by, working in, or getting access to restricted areas of licensed premises of retail marijuana cultivation amenities, retail marijuana products manufacturing amenities, retail marijuana shops, and retail marijuana testing amenities, offered that such course of and qualifications shall embrace particular consideration to advertise variety amongst licensees and to ameliorate the consequences of the earlier criminalization of marijuana, together with the creation of further factors that a licensee might earn on an software to prioritize allocation of licenses to candidates who’re African American, long-time District of Columbia residents, previously incarcerated, or in any other case applicable for this special consideration;

(14) Determining the books and data to be created and maintained by licensees, the reviews to be made to ABRA, and the inspection of books and data;

(15) Establishing security necessities for any premises licensed pursuant to this act, including at minimal lighting, physical safety, video, and alarm requirements;

(16) Along side the Workplace of the Chief Monetary Officer, the reporting and transmittal of monthly gross sales tax payments by retail marijuana stories and any relevant excise tax funds by retail marijuana cultivation amenities to the Workplace of the Chief Monetary Officer;

(17) Authorization for the Office of the Chief Monetary Officer to have access to licensing info to make sure sales, excise, and revenue tax cost and the efficient administration of section 9 of this act;

(18) Determining the process and procedure for renewal of the retail marijuana cultivation facility license, the retail marijuana merchandise manufacturing license; the retail marijuana retailer license; the on-premise consumption facility license; the retail marijuana testing facility license; and any licenses, registration or charges ABRA requires for house owners, managers, operators, staff, contractors, and different help employees employed by, working in, or getting access to restricted areas of licensed premises;

(19) Establishing procedures and a schedule of penalties for enforcement proceedings to occur before the Board and for issuing and appealing citations for violations of the act and laws promulgated pursuant to this act;

(20) Establishing guidelines regarding dual medical marijuana dispensary and retail marijuana retailer, through which the dispensary sells medical marijuana to persons beneath the age of twenty-one years of age or older; and

(21) Establishing procedures in regards to the conversion of medical marijuana cultivation centers and medical marijuana dispensary licenses to retail marijuana licenses permitted underneath the act, together with necessities for continued provision of applicable medical marijuana products to satisfy the needs of sufferers.

(c) For the aim of carrying into effect the provisions of this act in line with their true intent or of supplying any deficiency therein, ABRA might undertake rules which aren’t inconsistent with the spirit of this act as are deemed needed or advisable, including however not restricted to the next:
(1) The gear and management of shops and premises the place marijuana is produced or processed, and inspection of the shops and premises; and
(2) The way of giving and serving notices required by this act or guidelines adopted to implement or implement it;
(3) Establishing guidelines concerning hearing processes and procedures for submitting protests, enforcement proceedings, and different hearing varieties;
(Four) Establishing procedures for an inactive marijuana retail license to be positioned in safekeeping with the Board; and
(5) Some other regulation deemed essential to administer the marijuana program or in any other case promote the health, security, and welfare of the public.

(d) On or before January 15, 2020, and on or earlier than October 1 annually thereafter, ABRA together with the Office of the Chief Financial Officer shall submit a report to the Council and the Mayor on:
(1)The number of licenses issued together with by license class;
(2) An summary of the retail marijuana and retail marijuana products markets; together with but not limited to actual and anticipated market demand and market provide;
(three) Detailing the quantity of income generated by medical and retail marijuana, including applicable software and license fees, fines, excise taxes, gross sales taxes, and different charges;
(4) Detailing the bills incurred by ABRA;
(5) The variety of purposes for conversion from medical marijuana licensees 691 to retail marijuana establishments; and
(6) The enforcement measures taken towards licensees licensed pursuant to this act for violations of the act and laws promulgated pursuant to this act.


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Part eight. Marijuana Monies.

(a) There shall be a non-lapsing fund, referred to as the dedicated marijuana fund, which
shall include all retail marijuana excise taxes, and retail marijuana sale taxes.

(b) All retail marijuana license fees, fines, penalties, forfeitures, and all different monies, revenue, or income acquired by ABRA from retail marijuana regulation activities shall be deposited and credited to a non-lapsing fund referred to as the ABRA retail marijuana administrative and enforcement operations fund. All charges deposited into the ABRA retail marijuana administrative and enforcement operations fund shall not revert to the Common Fund of the District of Columbia on the finish of any fiscal yr or some other time, but shall be regularly obtainable for the uses and functions set forth in this subsection, subject to authorization by Congress in an appropriations act. The funds within the ABRA retail marijuana administrative and enforcement operations fund shall be used to fund the bills of ABRA within the discharge of its 706 administrative and regulatory duties.

(c) The Mayor shall submit to the Council, as a part of the annual price range, a price range for ABRA to implement the act and a request for an appropriation for expenditures from the ABRA retail marijuana administrative and enforcement operations fund. The estimate shall embrace expenditures for salaries, fringe advantages, overhead expenses, coaching, supplies, technical, professional, and any and all other providers essential to discharge the duties and obligations of ABRA beneath the act.

(d) Beginning in fiscal yr 2020, and every fiscal yr thereafter all monies deposited in the dedicated marijuana fund shall be disbursed each three months by the D.C.. Treasurer to the next:

(1) The First $1,000,000 shall be disbursed to the D.C. Department of Behavioral Well being:
(A) $500,000 for implementation and upkeep of evidence-based packages and practices aimed on the prevention or reduction of maladaptive substance use, substance-use disorder, substance abuse or substance dependence among center faculty and high school age college students, whether or not as an specific objective of a given program or follow or as a persistently corresponding effect of its implementation; and
(B) $500,000 for evidence-based in-patient and out-patient packages to deal with and scale back maladaptive substance use, substance-use disorder, substance abuse or
substance dependence amongst minors and adults;

(2) The subsequent $750,000 shall be disbursed to the Department of Small and Local Business Improvement for the implementation, in collaboration with the ABRA, of a retail marijuana business incubator and technical assistance packages to help the objectives of this act in bringing the advantages of marijuana legalization and regulation to these previously harmed by criminalization;

(three) The subsequent $2,000,000 shall be to disbursed by way of a Community Reinvestments grants program to qualified community-based nonprofit organizations to help job placement, mental well being remedy, system navigation providers, authorized providers to deal with limitations to reentry and document sealing, linkages to medical care, and other providers for communities disproportionately affected by past federal and District drug policies. The Mayor shall solicit enter from community-based job expertise, job placement, and legal service providers with related expertise as to the administration of the grants program, and shall periodically evaluate the efficacy of the funded packages; and

(4) Any amount in extra acquired and collected shall be transferred to the overall fund.


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Section 9. Retail Marijuana Taxation.

(a) Part 47-2002(a)(7) of the District of Columbia Official Code is amended so as to add a brand new subsection (8) to learn as follows:

“(8) The rate of tax shall be 10% of the gross receipts from the sale of or expenses for retail marijuana or retail marijuana merchandise.

“(B) The proceeds of the tax collected under subparagraph (A) of this paragraph shall be deposited in a dedicated fund established in section 8 of this Act.”.

(b)(1) There shall be levied, collected, and paid, along with the gross sales tax imposed pursuant to subsection (a) of this part, an excise tax on the primary sale or transfer of unprocessed retail marijuana by a retail marijuana cultivation facility. The tax shall be imposed at the time when the retail marijuana cultivation facility first sells or transfers unprocessed retail marijuana from the retail marijuana cultivation facility to a retail marijuana product manufacturing facility, a retail marijuana store, or another retail marijuana cultivation facility. The rate shall be:

(A) $40 per ounce on all cannabis flowers;
(B) $10 per ounce on all elements of hashish aside from cannabis flowers and immature hashish crops;
(C) $25 per immature hashish plant; and
(D) For quantities of lower than an oz the rates in paragraphs (A) via (C) shall apply proportionately.
(2) The proceeds of the tax collected beneath this paragraph shall be deposited in a devoted fund established in part eight of this Act.

(d) The Workplace of the Chief Financial Officer might require retail marijuana cultivation amenities, on-premises consumption amenities and retail marijuana stores to file tax returns and remit funds due pursuant to subsection (a) and (b) of this section electronically. The Workplace of Chief Monetary Officer shall promulgate rules governing digital cost and filing.


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Part 10. Medical Marijuana.

(a) Each regulation, commonplace, rule, notice, order and steerage promulgated or issued by the Mayor pursuant to the Legalization of Marijuana for Medical Remedy Amendment Act of 2010, efficient July 27, 2010 (D.C. Regulation 18-210; D.C. Official Code ss. 7-1671.01 et seq.) shall stay in effect in line with its phrases, besides to the extent otherwise offered underneath this act, inconsistent with any provision of this act, or revised by the Mayor.

(b) Any individual holding a license pursuant to the Legalization of Marijuana for Medical Remedy Amendment Act of 2010, efficient July 27, 2010 (D.C. Regulation 18-210; D.C. Official Code ss. 7-1671.01 et seq.), shall keep all rights underneath the license at some stage in the license.

Part 11. Driving beneath the affect.

(a) Section § 50-1901 of the Comprehensive Anti-Drunk Driving Modification Act of 1991 (D.C. Regulation 9-96; D.C. Official Code § 50-1901 et seq) is amended to learn as follows:

“(18) “Specimen” signifies that quantity of a person’s blood, breath, oral fluid or urine essential to conduct chemical testing to find out alcohol or drug content material. A single specimen may be comprised of a number of breaths into a breath check instrument if such is important to finish a legitimate breath check, or a single blood draw or single urine or oral fluid pattern no matter what number of occasions the blood or urine or oral fluid sample is examined. As used in this paragraph, “oral fluid” means all secretions from a person’s oral cavity.”.

(b) Part § 50-1903(a) is amended to learn as follows:
“(a) Only a medical professional acting at the request of a law enforcement officer may withdraw blood, subject to the provisions of this chapter, for the purpose of determining the alcohol or drug content thereof. This limitation shall not apply to the taking of breath or urine or oral fluid specimens.”.

(c) Section § 50-1904.01 is amended to learn as follows:
“(a)When a regulation enforcement officer has affordable grounds to consider that an individual was operating or in bodily management of a car inside the District whereas intoxicated or while the individual’s means to operate a car is impaired by the consumption of alcohol or a drug or a mixture thereof, the regulation enforcement officer might, with out making an arrest or issuing a violation notice, request that the individual undergo a preliminary breath check or oral fluid, to be administered by the regulation enforcement officer, who shall use a tool which the Mayor has permitted by rule for that objective.

“(b) Before administering the check, the regulation enforcement officer shall advise the individual to be tested that the preliminary breath check or oral fluid check is voluntary and that the outcomes of the check can be used to assist in the regulation enforcement officer’s choice whether or not to arrest the individual.

“(c) The results of the preliminary breath test or oral fluid test shall be used by the law enforcement officer to aid in the decision whether to arrest the person, and the results of the test shall not be used as evidence by the District in any prosecutions and shall not be admissible in any judicial proceeding except in any judicial or other proceeding in which the validity of the arrest or the conduct of the law enforcement officer is an issue.”.

(d) Part § 50-1904.02(a)(1) is amended to learn as follows:
“(1) Besides as offered in paragraph (2) of this subsection, be deemed to have given his or her consent, subject to the provisions of this chapter, to submitting 2 specimens for chemical testing of the individual’s blood, breath, oral fluid or urine, for the purpose of determining alcohol or drug content material; and

(e) Section § 50-1904.02 subsection (a)(2) and (b) is amended to learn as follows:
“(a)(2) Submit 2 specimens for chemical testing of his or her blood, breath, oral fluid or 837 urine for the aim of figuring out alcohol or drug content material when he or she is involved in a collision within the District.

“(b) When a person is required to submit specimens for chemical testing pursuant to subsection (a) of this section, a law enforcement officer shall elect which types of specimens will 841 be collected from the person and the law enforcement officer or a medical professional shall collect the specimen subject to the restriction in § 50-1903(a); provided, that the person may object to a particular type of specimen collection for chemical testing on valid religious or medical grounds. If a person objects to blood collection on valid religious or medical grounds, that person shall only be required to submit breath, oral fluid or urine specimens for collection.”.

(f) Part § 50-1905(d) is amended to learn as follows:
“(d)(1) If an individual beneath arrest refuses to submit specimens for chemical testing as offered in § 50-1904.02(a) and the individual was involved in a collision that resulted in a fatality, except as offered in paragraph (2) of this subsection, a regulation enforcement officer might employ whatever means are affordable to collect blood or oral fluid specimens from the individual if the regulation enforcement officer has affordable grounds to consider that the individual was intoxicated or drunk or of any drug or any mixture thereof.

“(2) If a person required to submit blood testing beneath paragraph (1) of this subsection objects on legitimate spiritual or medical grounds, that individual shall not be required to submit blood specimens however the regulation enforcement officer might make use of no matter means are affordable to gather breath, oral fluid or urine specimens from the individual if the regulation enforcement officer has affordable grounds to consider that the individual was intoxicated or drunk or of any drug or any mixture thereof.

(g) Part § 50-1909 is amended to read as follows:
Ҥ 50-1909. Preliminary breath or oral fluid check.
“(a) When a regulation enforcement officer has affordable grounds to consider that an individual is or has been working or in bodily management of a watercraft inside the District while intoxicated or while the individual’s capacity to operate a watercraft is impaired by the consumption of alcohol or a drug or a mixture thereof, the regulation enforcement officer might, with out making an arrest or issuing a violation discover, request that the individual undergo a preliminary breath check or oral fluid check, to be administered by the regulation enforcement officer, who shall use a device which the Mayor has authorised by rule for that objective.

“(b) Earlier than administering the check, the regulation enforcement officer shall advise the individual to be tested that the check is voluntary and that the results of the check shall be used to assist within the regulation enforcement officer’s determination whether or not to arrest the individual.

“(c) The results of the preliminary breath test or oral fluid test shall be used by the law enforcement officer to aid in the decision whether to arrest the person, and the results of the test shall not be used as evidence by the District in any prosecutions and shall not be admissible in any judicial proceeding except in any judicial or other proceeding in which the validity of the 875 arrest or the conduct of the law enforcement officer is an issue.”.

(h) Section § 50-1910 is amended to learn as follows:
“(a) Besides as offered in subsection (b) of this section, any one that operates or who is in bodily control of any watercraft inside the District and a regulation enforcement officer has affordable grounds to consider that the individual is working or in bodily control of a watercraft whereas intoxicated or whereas the individual’s capability to function a watercraft is impaired by the consumption of alcohol or a drug or a mixture thereof, after arrest shall:

“(1) Except as offered in paragraph (2) of this subsection, be deemed to have given his or her consent, topic to the provisions of this chapter, to submitting 2 specimens for chemical testing of the individual’s blood, breath, oral fluid or urine, for the aim of figuring out 885 alcohol or drug content; and

“(2) Submit 2 specimens for chemical testing of his or her blood, breath, oral fluid or urine for the aim of figuring out alcohol or drug content when he or she is concerned in a collision in the District.

“(b) When a person is required to submit specimens for chemical testing pursuant to subsection (a) of this section, a law enforcement officer shall elect which types of specimens will be collected from the person and the law enforcement officer or a medical professional shall collect the specimen subject to the restriction in § 50-1903(a); provided, that the person may object to a particular type of specimen collection for chemical testing on valid religious or medical grounds. If a person objects to blood collection on valid religious or medical grounds, that person shall only be required to submit breath, oral fluid or urine specimens for collection.”.

(i) Part § 50-1911 (d) is amended to read as follows:
“(d)(1) If a person underneath arrest refuses to submit specimens for chemical testing as offered in § 50-1910(a), and the individual was concerned in a collision that resulted in a fatality, besides as offered in paragraph (2) of this subsection, a regulation enforcement officer might make use of no matter means are affordable to collect blood or oral fluid specimens from the individual if the regulation enforcement officer has affordable grounds to consider that the individual was intoxicated or was drunk or of any drug or any combination thereof.

“(2) If a person required to undergo blood assortment beneath paragraph (1) of this subsection objects on legitimate spiritual or medical grounds, that individual shall not be required to submit blood specimens however the regulation enforcement officer might make use of whatever means are affordable to gather breath or urine or oral fluid specimens from the individual if the regulation enforcement officer has affordable grounds to consider that the individual was intoxicated or was drunk or of any drug or any combination thereof.

(j) Part § 50-2206.01(18) of the District of Columbia Visitors Act, 1925 (D.C. Regulation 91- 910 358; D.C. Official Code § 50-2206 et seq.) is amended to learn as follows:

“(18) “Specimen” signifies that amount of an individual’s blood, breath, oral fluid or urine necessary to conduct chemical testing to determine alcohol or drug content. A single specimen may be comprised of multiple breaths into a breath check instrument if crucial to finish a legitimate breath check, or a single blood draw or single urine or oral fluid sample no matter how many occasions the blood or urine or oral fluid pattern is tested. As used in this paragraph, “oral fluid” means all secretions from an individual’s oral cavity. “.


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Part 12. Freedom of Info Act exemption.

Data of the digital seed-to-sale monitoring and reporting system, that tracks retail marijuana from either seed or immature plant stage until the sale of the marijuana product to a customer at a retail marijuana retailer carried out and maintained by the Alcohol Beverage Regulation Administration pursuant to section 7 of this act shall not be made obtainable as a public report beneath section 202 of the Freedom of Info Act of 1976, effective March 25, 923 1977 (D.C. 398 Regulation 1-96; D.C. Official Code § 2-532).

Section 13. Severability and Enforceability of Contract Pertaining to Marijuana

If any provision of this act, or the appliance thereof to any individual or circumstance, is discovered by a courtroom invalid, such willpower shall not have an effect on different provisions or purposes of this act which may given effect without the invalid provision or software, and to that finish the provisions of this act are severable. All Contracts pertaining to the manufacturing, processing, and or sale of marijuana which might be otherwise legally legitimate shall not be void or voidable.

Section 14. Fiscal impression assertion.

The Council adopts the fiscal influence assertion within the committee report as the fiscal impression statement required by part 602(c)(three) of the District of Columbia Residence Rule Act, accredited December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(three)).

Section 15. Effective date.

This act shall take effect following approval by the Mayor (or in the occasion of veto by the Mayor, motion by the Council to override the veto), a 30-day interval of Congressional evaluate as offered in section 602(c)(1) of the District of Columbia Residence Rule Act, accepted December 24,1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication within the District of Columbia Register.


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Sukhdev Singh is a Business management graduate, with superb managerial skills and leadership abilities. He always has an approach of “leading from the front” which keeps us all motivated and inspires us to work more efficiently. He has an incredible amount of experience in the blockchain field as he has worked with a Crypto start-up based on blockchain. His cheerful personality always lifts our spirits and always makes sure that the work at VerifiedTasks is top-notch.
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