Marijuana Legalization and Regulation Act – Neighborhood Suggestions

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

Totally different sections of the regulation had been referred to the committee on Judiciary and Public Security, Committee on Enterprise and Financial Improvement, Committee on Finance and Income, and Committee of the Complete with feedback from the Committee on Transportation and the Atmosphere. No hearings have been scheduled but.

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

As a way to acquire the DC hashish group’s issues about this laws, we now have created an intensive group suggestions kind right here on our web site. All the laws damaged into chapters the place you possibly can present suggestions for every part. At an upcoming DCMJ Planning Assembly, earlier than the general public listening to, we are going to go over the group suggestions and draft our testimony based mostly on the suggestions you present.

DC CANNABIS COMMUNITY FEEDBACK INSTRUCTIONS:

  • We propose studying the complete laws first earlier than making any feedback. You don’t must be a lawyer to know the regulation! By studying the laws in it’s entirety you may get a greater image of the laws.
  • Discover elements of the laws you want, dislike, wish to have modified or added to
  • Discover the corresponding Chapter and Part on this web page (Like Chapter 25, Part 03 = 2503) and choose the correct dropdown field. Some Sections have Subsections (a, b, c, d, and so on.), whereas others don’t. To make sure your suggestions is probably the most direct, embody the Subsection when out there
  • Enter your suggestions into the Google Kind. Be as descriptive as doable. Clarify why you assume the part is nice, dangerous, must be eliminated, or modified
  • Attend an upcoming DCMJ Planning Assembly to debate your suggestions and listen to different’s suggestions. By together with your e mail deal with, we are going to add you to the DCMJ e mail listing so that you’ll know once we are discussing the laws 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 needs of this act, the time period:
(1) “Batch” means a particular amount of marijuana, useable marijuana, or marijuana-infused product recognized by a batch quantity, each portion or package deal of which is uniform inside acknowledged tolerances for components that seem within the labeling.

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

(3) “Manufacture” means the manufacturing, preparation, propagation, compounding, conversion, or processing of a managed substance, both instantly or not directly or by extraction from substances of pure origin, or independently via chemical synthesis, or by a mixture of extraction and chemical synthesis, and contains any packaging or repackaging of the substance or labeling or relabeling of its container. The time period “manufacture” doesn’t embody the preparation, compounding, packaging, repackaging, labeling, or relabeling of a managed substance by a practitioner in the middle of a practitioner’s skilled observe, or by a practitioner for the aim of analysis, educating, or chemical evaluation £ind not on the market.

(4) “Marijuana” means all elements of the plant Hashish, whether or not rising or not, with a THC focus higher than 0.Three % on a dry weight foundation; the seeds thereof; the resin extracted from any a part of the plant; and each compound, manufacture, salt, by-product, combination, or preparation of the plant, its seeds or resin. The time period “retail marijuana” doesn’t embody the mature stalks of the plant, fiber produced from the stalks, oil or cake produced from the seeds of the plant, some other compound, manufacture, salt, by-product, combination, or preparation of the mature stalks (besides the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination, or the burden of some other ingredient mixed with marijuana to arrange topical or oral administrations, meals, drink, or different product.

(5) “Marijuana products” means marijuana, marijuana concentrates, together with cannabis, or marijuana-infused merchandise.

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

(7) “Plant” means any residing organism that produces its personal meals by means of photosynthesis and has observable root formation or is in development materials; it doesn’t embody such an organism that’s within the means of drying or “curing” has been uprooted or is just not planted in soil or a hydroponic system.

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

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

(10) “Transfer without remuneration” means a switch not in trade for something of worth, together with cash, actual property, tangible and intangible private property, contract rights, choses in motion, companies, and any rights of use or employment guarantees or agreements related therewith. A switch with out remuneration features a switch wherein a bunch of people over 21 years of age pool cash which one particular person will use to buy retail marijuana merchandise which might be subsequently apportioned based mostly on the cash pooled. A switch with out remuneration doesn’t embody the switch of marijuana contemporaneously with one other transaction for remuneration between the identical events, a present of marijuana supplied or marketed along side a proposal on the market of products or companies, or a present of marijuana that’s contingent upon a separate transaction for items or companies.

(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 a person who’s no less than 21 years of age, the next acts shall not represent a civil or prison offense beneath District regulation or be a foundation for seizure or forfeiture of belongings beneath District legal guidelines:

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

(2) Consumption of marijuana;

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

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

(5) Switch with out remuneration of two ounces or much less of dried marijuana, marijuana-infused merchandise containing 1,000 milligrams or much less of THC, or 10 grams or much less of marijuana focus to a person who’s no less than 21 years of age; or

(6) Aiding one other particular person who’s no less than 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 part shall not represent a civil or prison offense beneath District regulation or be a foundation for seizure or forfeiture of belongings beneath District legal guidelines, however shall represent 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 part shall be topic to a civil superb of $25, or the efficiency of group service if unable to pay, and seizure of any marijuana and paraphernalia seen to the police officer on the time of the civil violation.

(A) If the person on this paragraph is beneath 18 years of age, the Workplace of Administrative Hearings shall mail a duplicate of the discover of violation to the dad or mum or guardian of the particular person to whom the discover of violation is issued on the deal with offered by the particular person on the time the quotation is issued pursuant to § 48-1202.

(3) For the needs of this subsection, the time period “civil violation” shall have the identical which means as a civil Discover 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 on this paragraph; offered, that this paragraph doesn’t apply to District authorities employers if drug use is particularly prohibited as a situation 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 regarding efficiency of acts whereas beneath the affect of marijuana merchandise;

(2) Expenses of working or being in bodily management of a automobile whereas beneath the affect of an intoxicating drug (§ 50-2201.05(b)( 1 )(A)(i)(II)); or

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

(4) All native training businesses shall undertake applicable insurance policies and guidelines that prohibit using all tobacco merchandise and all retail marijuana or retail marijuana merchandise licensed by this act, on college property by college students, lecturers, workers, and guests and that present 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 Managed Substances Act of 1981, efficient 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 had been alleged to have occurred previous to the efficient date of this act shall be thought of 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 Court docket shall:

(A) Search diligently for and expunge every court docket file associated to the particular person’s arrest, prosecution, and conviction, as relevant; offered that in a case involving co-defendants, the Clerk could require expungement of solely these data, or parts thereof, relating solely to the particular person, and shall require redaction of the particular person’s title to the extent practicable from data that aren’t expunged, however needn’t require redaction of references to the individual that seem in a transcript of court docket proceedings involving the co-defendants;

(B) Ship to the prosecutor, any regulation enforcement company, and any pretrial, corrections, or group supervision company a discover of expungement and directions for expungement of every file that the entity retains as to the arrest and costs; and

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

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

(A) Search diligently for and expunge every file associated to the arrest, confinement, or costs; and

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


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Part 4. The District of Columbia Uniform Managed Substances Act of 1981, efficient 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 learn as follows:

“(a)(6) Hashish solely when it pertains to:
“(1) Driving or boating beneath the affect of medication pursuant to D.C. Official Code § 50-2206.01; and
“(2) Possession or distribution that isn’t pursuant to the Legalization of Possession of Minimal Quantities of Marijuana for Private Use Initiative of 2014, efficient February 26, 2015 (D.C. Regulation 20-153; D.C. Official Code § 48-904.01(a)(1)(A) et seq) or part 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 learn 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) Part 401 (D.C. Official Code § 48-904.01) is amended as follows:
(1) Subsection (g) is amended by hanging the phrase “marijuana, or depressant or stimulant drugs” and inserting the phrase “or depressant or stimulant drugs” instead.


Part 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) Part 2(3) (D.C. Official Code § 48-1101(3)) 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” instead.


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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 merchandise with out a license prohibited.
“(a) No particular person shall promote marijuana merchandise within the District with out having first obtained an applicable license as required by this title.
“(b) No marijuana cultivator or marijuana merchandise producer positioned throughout the District shall supply any marijuana merchandise on the market to, or solicit orders for the sale of any marijuana merchandise from, any particular person not licensed beneath this title, no matter whether or not the sale 192 is to be made inside or exterior of the District.
“(c) No licensee or particular person shall ship, import, export or trigger to be shipped or imported 1into or exported exterior of the District any marijuana merchandise.
“(d) No retail marijuana retailer licensee shall buy, promote, or supply on the market any marijuana merchandise obtained from any particular person 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) Part 25-104(c) is amended to learn 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 learn as follows:
“SUBCHAPTER III. CLASSIFICATION OF RETAIL MARIJUANA LICENSES “§ 25-130. Normal Provisions.
“(a) For the aim of regulating the cultivation, manufacture, distribution, sale, consumption, and testing of retail marijuana and retail marijuana merchandise, the Board in its discretion, upon receipt of an software within the prescribed kind, could problem and grant to the applicant a license from any of the next lessons:
“(1) Retail marijuana cultivation facility license;
“(2) Retail marijuana merchandise manufacturing license;
“(3) Retail marijuana retailer license;
“(4) Retail marijuana testing facility license;
“(5) Retail on-premises consumption facility license;
“(6) Occupational licenses and registrations for house owners, managers, operators, workers, contractors, and different help workers employed by, working in, or getting access to restricted areas of licensed premises, as decided by the Board.
“(b) A twin medical marijuana dispensary and retail marijuana retailer shall preserve separate stock and file holding, and shall current a plan to the Board concerning its plan to guarantee it can proceed to fulfill the wants of medical sufferers together with minors.
“(c) A license issued beneath this part shall be legitimate 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 charges.
“(d) The Board could revoke or elect to not renew any license if it determines that the licensed premises have been inactive or deserted with out good trigger, for no less than six months.
“(e) The Board shall require a whole disclosure of all individuals having, a direct or oblique monetary curiosity, and the extent of such curiosity, in every license issued beneath this subchapter.
“(f) All workers or contractors of amenities licensed beneath this subchapter shall be 21 years of age or older.
“(g) The Board shall have the authority to change license and software charges established by the act and create further licenses, permits, endorsements and software charges topic to Council approval in accordance with D.C. Code § 25-211(b).

Ҥ 25-131. Retail marijuana cultivation facility license necessities.
“(a) A retail marijuana cultivation facility license shall authorize the licensee to domesticate retail marijuana on the market 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 part 9 of this act based mostly on the typical wholesale costs set by the Board in session with the Workplace of the Chief Monetary Officer.

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

“(d) A retail marijuana cultivation facility could present, besides as required by part 7 subsection (8) of this act, a pattern of its merchandise to a facility that has a marijuana testing facility license from the Board for testing and analysis functions. A retail marijuana cultivation facility shall preserve a file for 5 years of what was offered to the testing facility, the identification of the testing facility, and the testing outcomes. The Board could approve various strategies for a retail marijuana cultivation facility to check its merchandise till 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 utmost software price for the retail marijuana cultivation facility license shall be $5,000.

“(2) The applying price for an individual who’s at the moment working in good standing as a registered medical marijuana cultivation middle pursuant to the Legalization of Marijuana for Medical Therapy 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 could function a licensed marijuana cultivation facility and licensed retail marijuana merchandise manufacturing facility in the identical location.

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

Ҥ 25-132. Retail marijuana merchandise manufacturing license necessities.
“(a) A retail marijuana merchandise manufacturing license shall authorize the licensee to fabricate marijuana merchandise.
“(b) A retail marijuana merchandise manufacturing licensee could 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 merchandise producer shall observe all of its marijuana from the purpose when it’s both transferred from its retail marijuana cultivation facility or the purpose when it’s delivered to the retail marijuana merchandise producer from a licensed retail marijuana cultivation facility to the purpose of switch to a licensed retail marijuana retailer.
“(c) A retail marijuana merchandise producer shall not settle for any marijuana bought from a retail marijuana cultivation facility until the retail marijuana merchandise producer is supplied with proof that any relevant excise tax due pursuant to part 9 of this act, was paid.

“(d) Along with any guidelines concerning marijuana merchandise manufacturing promulgated by the Board pursuant to this title, a licensed retail marijuana producer shall adhere to the next:

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

“(B) A retail marijuana merchandise manufacturing licensee could share the identical premises as a medical marijuana-infused merchandise manufacturing licensee as long as a digital or bodily separation of the stock is maintained pursuant to any guidelines promulgated by the Board;

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

“(3) 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 merchandise will not be consumed on the premises of a retail marijuana merchandise manufacturing facility;

“(5) A retail marijuana merchandise producer could present, besides as required by part 7(b)(8) of this act, a pattern of its merchandise to a facility that has a marijuana testing facility license from the Board for testing and analysis functions. The Board could approve various strategies for a retail marijuana merchandise producer to check its merchandise till a number of testing amenities within the District of Columbia turn out to be operational. A retail marijuana merchandise producer shall preserve a file for 5 years of what was offered to the testing 304 facility, the identification of the testing facility, and the testing outcomes;

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

“(7) All marijuana merchandise that require refrigeration to forestall spoilage have to be saved and transported in a refrigerated surroundings.

“(e) A retail marijuana merchandise producer shall not:
“(1) Add any marijuana to a meals product the place the producer of the meals product holds a trademark to the meals product’s title; besides {that a} producer could use a trademarked meals product if the producer makes use of the product as a part or as a part of a recipe and the place the marijuana product producer doesn’t state or promote to the patron that the ultimate marijuana product incorporates trademarked meals product;

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

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

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

“(f) The utmost software price 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 complete.

Ҥ 25-133. Retail marijuana retailer license necessities.
“(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 retailer license shall be issued solely to an institution positioned within a bodily constructing.

“(b) A retail marijuana retailer licensee shall transact with a retail marijuana merchandise manufacturing licensee for the acquisition of marijuana merchandise which can happen 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 retailer and a retail marijuana cultivation facility license for the acquisition of retail marijuana could happen upon both licensee’s licensed premises

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

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

“(f) Previous to initiating a sale, the worker of the retail marijuana retailer making the sale shall confirm that the purchaser has a sound identification card exhibiting the purchaser is 21 years of age or older. A retail marijuana retailer or its agent or worker shall take steps moderately vital to determine whether or not any particular person to whom the licensee sells retail marijuana or retail marijuana merchandise if of authorized age. Any one who provides a sound identification doc exhibiting his or her age to be twenty-one years of age or older shall be of authorized age.

“(g) A retail marijuana retailer shall not promote:
“(1) Greater than a 1/Four ounce of marijuana, marijuana-infused merchandise containing greater than 250 miligrams of THC, or greater than 2.5 grams of marijuana focus, or any equal mixture thereof throughout a single transaction to an individual who doesn’t have a sound identification card exhibiting that the particular person 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 mixture thereof throughout a single transaction to an individual who gives a sound identification card exhibiting that the particular person is a resident of the District of Columbia.

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

“(i) A licensed retail marijuana retailer could solely promote marijuana merchandise, marijuana equipment, non-consumable merchandise comparable to attire, and marijuana associated merchandise comparable to childproof packaging containers.

“(j) A licensed retail marijuana retailer shall not:
“(1) Promote or give away any consumable product, together with however not restricted to cigarettes, e-cigarettes or alcohol, or edible product that doesn’t comprise marijuana, together with however not restricted to sodas, candies, or baked items; or
“(2) Promote any marijuana merchandise that comprise nicotine or alcohol.

“(ok) A retail marijuana retailer could present, besides as required by part 7(b)(8) of this act, a pattern of its merchandise to a facility that has a marijuana testing facility license from the Board for testing and analysis functions, A retail marijuana retail retailer shall preserve a file for 5 years of what was offered to the testing facility, the identification of the testing facility, and the testing outcomes.

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

“(m) The utmost software price for the retail marijuana retailer license shall be $5,000.

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

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

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

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

“(b) A retail marijuana on-premises consumption facility license shall authorize the licensee to promote marijuana merchandise 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 out there for buy are designated for on-premises consumption.

“(c) A retail marijuana on-premises consumption facility license shall be topic to the general public remark and spot necessities set forth in D.C. Code §§ 25-421 and 25-423 previous 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 could develop and take a look at marijuana merchandise.

“(b) The Board shall promulgate guidelines pursuant to its authority in part (7)(b)(11) of this act associated to acceptable testing and analysis practices, together with however not restricted to testing, requirements, high quality management evaluation, gear certification and calibration, and chemical identification and different substances utilized in bona fide analysis strategies.

“(c) An individual who has an curiosity in a retail marijuana testing facility license for testing functions obtained by means of this title shall not have any curiosity 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 retailer. An individual who has an curiosity 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 retailer shall not have an curiosity in a facility that has a retail marijuana testing facility license.

“(d) The utmost software price 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 complete.

Ҥ 25-136. Limits on monetary pursuits.
“(a) No particular person or enterprise entity could have a monetary or voting curiosity of 10% or higher in additional than Three licensed retail marijuana institutions of any single class, or greater than half of of all licensed retail marijuana institutions of a single class, whichever is lesser.”.

(e) Part 25-206(g) is amended as follows:
(1) Redesignate the present textual content as paragraph (1).
(2) Including 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) Part 25-212 is amended as follows:

(1) Redesignate the present textual content as paragraph (a).
(2) Including a brand new paragraph (b) to learn 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) Part 25-301 is amended by including a brand new subsection (a-2) to learn as follows:
“(a-2) Earlier than issuing, transferring to a brand new proprietor, or renewing a retail marijuana license, the Board shall decide that the applicant meets the entire following standards:
“(1) The applicant is mostly match for the tasks of licensure.
“(2) The applicant is no less than 21 years of age.
“(3) The applicant has been a resident of the District of Columbia for no less than six months earlier than making use of to obtain a license.

“(4) The applicant has not been convicted, throughout the 10 years previous to software, of a felony that bears on health for licensure, besides if the Board determines that the applicant is in any other case appropriate to be issued a license, and granting the license wouldn’t compromise public security. The Board shall conduct an intensive assessment of the character of the crime, conviction, circumstances, and proof 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 previous to the efficient date of this act doesn’t bear on the health for licensure absent aggravating circumstances.

“(5) The applicant is the true and precise proprietor of the institution for which the license is sought, and she or he intends to hold on the enterprise for himself or herself and never because the agent of some other particular person, partnership, affiliation, restricted legal responsibility firm, or company not recognized within the software.

“(6) The licensed institution can be managed by the applicant in particular person or by a Board-licensed supervisor possessing the identical {qualifications} required of the licensee.

“(7) The licensed institution is not going to be positioned 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) Part 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 retailer’s license shall maintain an curiosity 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 part 25-512 is added to learn as follows:
Ҥ 25-512. Most annual price for retail marijuana licenses.
“(a) The utmost annual charges 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 ClassPrice/12 months
Retail Marijuana Cultivation Facility $5,000
Retail Marijuana Merchandise Manufacturing $5,000
Retail Marijuana Retailer$5,000
On-premise Consumption Facility$5,000
Retail Marijuana Testing Facility$5,000

(j) A brand new part 25-786 is added to learn as follows:
Ҥ 25-786. Sale of retail marijuana to minors or intoxicated individuals prohibited.
“(a) The sale or supply of retail marijuana or retail marijuana infused merchandise to the next individuals is prohibited:

“(1) An individual beneath 21 years of age, both for the particular person’s personal use or for using some other particular person; or
“(2) An intoxicated particular person, or any one who seems to be intoxicated.
“(b) A licensee or different particular person shall not, at a licensed institution, 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 particular person for damages claimed to come up from refusal 486 to promote retail marijuana or retail marijuana-infused product in its institution beneath the authority of this part.

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

“(1) Upon the first violation, the Board shall superb the licensee not lower than $2,000, and no more than $3,000, and droop the licensee for five consecutive days; offered, that the 5-day suspension could also be stayed by the Board for one 12 months.

“(2) Upon the 2nd violation, the Board shall superb the licensee not lower than $3,000, and no more than $5,000, and droop the licensee for 10 consecutive days; offered, that the Board could keep as much as 6 days of the 10-day suspension for one 12 months;

“(3) Upon the third violation, the Board shall superb the licensee not lower than $5,000, and no more than $10,000, and droop the licensee for 15 consecutive days, or revoke the license; offered, that the Board could keep as much as 5 days of the 15-day suspension for one 12 months;
“(4) Upon the 4th violation, the Board could revoke the license; and
“(5) The Board could revoke the license of a licensed institution that has 5 or extra violation of this part inside a 5-year interval.”.

(ok) A brand new part 25-833 is added to learn as follows:
Ҥ 25-833. Civil penalties for retail marijuana
“(a) Inside 90 days after the efficient date of the act, ABRA shall submit proposed laws setting forth a schedule of civil penalties (“schedule”) for violations of Title 25 associated to retail marijuana to the Council for a 60-day interval of assessment, together with Saturdays, Sundays, holidays, and intervals of Council recess. If the Council doesn’t approve, in complete or partially, the proposed laws by decision throughout the 60-day assessment interval, the laws shall be deemed disapproved.

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

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

“(B) The secondary tier shall apply to much less extreme violations, together with failure to put up required indicators.

“(2) A subsequent violation in the identical tier, whether or not a violation of the identical provision or completely different one, shall be handled as a repeat violation for the needs of imposing an elevated penalty; offered, that every one secondary tier infractions cited by ABRA investigators or Metropolitan Police Division Officers, throughout a single investigation or inspection on a single day, shall be deemed to be one secondary tier violation for the needs of figuring out repeat violations beneath this part.

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

“(c) The minimal penalties for violations shall comply with in accordance with part § 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 learn 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) Part 25-1002 subsection (b)(1) and (b)(2) is amended to learn as follows;
“(b)(1) No particular person shall falsely signify his or her age, or possess or current as proof of age an identification doc which is in any method fraudulent, for the aim of buying, possessing or consuming an alcoholic beverage, retail marijuana, or a retail marijuana-infused product within the District.

“(2) No particular person shall current a fraudulent identification doc for the aim of
coming into an institution possessing an on-premises retailer’s license, an Enviornment C/X license, a brief license, a retail marijuana cultivators license, a retail marijuana merchandise producer license, an on-premises consumption facility license, or a retail marijuana retailer license.”.


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Part 7. Duties of ABRA concerning marijuana regulation.

(a) The Alcoholic Beverage Regulation Administration (“ABRA”) shall implement and preserve a safe, digital 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 buyer 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 retailer. The system shall be web-based and accessible by ABRA, the Workplace of the Chief Monetary Officer, regulation enforcement and licensees. ABRA could cost licensees an annual price to keep up the price of the system.

(b) ABRA, topic to provisions of this act, shall undertake guidelines inside 180 days of the efficient date of this act to determine the procedures and standards essential to implement the next:

(1) Figuring out, in session with the Workplace of Planning, the utmost variety of retail marijuana operations that could be licensed within the District, making an allowance for:
(A) Inhabitants distribution and future development;
(B) Safety and security points;
(C) The availability of satisfactory entry to license sources of marijuana merchandise to discourage purchases from the unlawful market;
(D) The necessity to steadiness such entry, and the roles and financial alternative created by marijuana companies, with the necessity to keep away from an undue focus of companies in a neighborhood or Ward;

(2) Labeling necessities for retail marijuana and retail marijuana merchandise bought by a retail marijuana retailer license, to incorporate however not be restricted to:
(A) The license variety of the retail marijuana cultivation facility;
(B) The license variety of the retail marijuana retailer;
(C) The batch numbers of the retail marijuana;
(D) THC efficiency 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 merchandise;
(F) A internet weight assertion;
(G) A listing of elements and doable allergens for retail marijuana-infused or edible marijuana merchandise;
(H) A dietary reality panel for edible marijuana merchandise;
(I) A suggest use by or expiration date for retail marijuana merchandise;
(J) Medically and scientifically correct assertion in regards to the well being and security dangers posed by marijuana use;
(Ok) A common image indicating the package deal incorporates marijuana;

(3) Establishing cheap time, place, and method restrictions for promoting or consuming marijuana merchandise;

(4) Establishing cheap time, place, and method restrictions and necessities concerning signage, advertising, and promoting of marijuana merchandise, making an allowance for:
(A) Minimizing publicity of individuals beneath twenty-one years of age to the promoting; and
(B) The inclusion of medically and scientifically correct statements in regards to the well being and security dangers posed by marijuana use within the promoting, merchandising and packaging;

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

(6) Inspection necessities for areas utilized by marijuana cultivation, manufacture and retail institutions to make sure correct circumstances of sanitation;

(7) Sanitary necessities for retail marijuana institutions, together with however not restricted to sanitary necessities for the preparation of retail marijuana merchandise;

(8) Well being and security regulation and requirements for the manufacture of retail marijuana merchandise and the cultivation of retail marijuana;

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

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

(11 )(A) Establishing an impartial testing and certification program for marijuana merchandise, inside an implementation timeframe established by ABRA, requiring licensees to check marijuana to make sure at a minimal that merchandise bought for human consumption don’t comprise contaminants which might be injurious to well being and guarantee appropriate labeling;

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

(C) Testing shall embody, however not be restricted to, evaluation for residual solvents, poisons, or toxins; dangerous chemical compounds; harmful molds or mildew; filth; and dangerous microbials comparable to E. Coli or salmonella and pesticides;

(D) Within the occasion that take a look at outcomes point out the presence of portions of any substance decided to be injurious to well being, such merchandise shall be instantly quarantined and fast notification to ABRA shall be made. The contaminated product shall be documented and correctly destroyed;

(E) Testing shall additionally confirm THC efficiency representations for proper labeling;

(F) ABRA shall decide an appropriate variance for efficiency illustration and procedures to deal with efficiency misrepresentations; and

(G) The Division of Well being shall present to ABRA requirements for licensing laboratories pursuant to the necessities outlined in subsection (12)(A) for marijuana and marijuana merchandise;

(12) Procedures for figuring out, seizing, confiscating, destroying, and donating to regulation enforcement for coaching functions all marijuana, useable marijuana, and marijuana-infused merchandise produced, processed, packaged, labeled, or supplied on the market on this District of Columbia that don’t conform in all features 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, workers, contractors, and different help workers employed by, working in, or getting access to restricted areas of licensed premises of retail marijuana cultivation amenities, retail marijuana merchandise manufacturing amenities, retail marijuana shops, and retail marijuana testing amenities, offered that such course of and {qualifications} shall embody particular consideration to advertise variety amongst licensees and to ameliorate the results of the earlier criminalization of marijuana, together with the creation of further factors {that a} licensee could 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 particular consideration;

(14) Figuring out the books and data to be created and maintained by licensees, the experiences to be made to ABRA, and the inspection of books and data;

(15) Establishing safety necessities for any premises licensed pursuant to this act, together with at minimal lighting, bodily safety, video, and alarm necessities;

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

(17) Authorization for the Workplace of the Chief Monetary Officer to have entry to licensing info to make sure gross sales, excise, and earnings tax cost and the efficient administration of part 9 of this act;

(18) Figuring out the method and process 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, workers, contractors, and different help workers 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 happen earlier than the Board and for issuing and interesting citations for violations of the act and laws promulgated pursuant to this act;

(20) Establishing guidelines regarding twin medical marijuana dispensary and retail marijuana retailer, wherein the dispensary sells medical marijuana to individuals beneath the age of twenty-one years of age or older; and

(21) Establishing procedures in regards to the conversion of medical marijuana cultivation facilities and medical marijuana dispensary licenses to retail marijuana licenses permitted beneath the act, together with necessities for continued provision of applicable medical marijuana merchandise to fulfill the wants of sufferers.

(c) For the aim of carrying into impact the provisions of this act in line with their true intent or of supplying any deficiency therein, ABRA could undertake guidelines which aren’t inconsistent with the spirit of this act as are deemed vital or advisable, together with however not restricted to the next:
(1) The gear and administration 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 regarding listening to processes and procedures for submitting protests, enforcement proceedings, and different listening to sorts;
(4) 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 well being, security, and welfare of the general public.

(d) On or earlier than January 15, 2020, and on or earlier than October 1 every year thereafter, ABRA along side the Workplace of the Chief Monetary Officer shall submit a report back to the Council and the Mayor on:
(1)The variety of licenses issued together with by license class;
(2) An outline of the retail marijuana and retail marijuana merchandise markets; together with however not restricted to precise and anticipated market demand and market provide;
(3) Detailing the quantity of income generated by medical and retail marijuana, together with relevant software and license charges, 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 institutions; and
(6) The enforcement measures taken in opposition to licensees licensed pursuant to this act for violations of the act and laws promulgated pursuant to this act.


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Part 8. Marijuana Monies.

(a) There shall be a non-lapsing fund, often called the devoted marijuana fund, which
shall include all retail marijuana excise taxes, and retail marijuana sale taxes.

(b) All retail marijuana license charges, fines, penalties, forfeitures, and all different monies, earnings, or income obtained by ABRA from retail marijuana regulation actions shall be deposited and credited to a non-lapsing fund often called 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 Normal Fund of the District of Columbia on the finish of any fiscal 12 months or some other time, however shall be frequently out there for the makes use of and functions set forth on this subsection, topic 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 undergo the Council, as a part of the annual finances, a finances 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 embody expenditures for salaries, fringe advantages, overhead costs, coaching, provides, technical, skilled, and any and all different companies essential to discharge the duties and tasks of ABRA beneath the act.

(d) Starting in fiscal 12 months 2020, and every fiscal 12 months thereafter all monies deposited within the devoted 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. Division of Behavioral Well being:
(A) $500,000 for implementation and upkeep of evidence-based applications and practices aimed on the prevention or discount of maladaptive substance use, substance-use dysfunction, substance abuse or substance dependence amongst center college and highschool age college students, whether or not as an express purpose of a given program or observe or as a constantly corresponding impact of its implementation; and
(B) $500,000 for evidence-based in-patient and out-patient applications to deal with and cut back maladaptive substance use, substance-use dysfunction, substance abuse or
substance dependence amongst minors and adults;

(2) The subsequent $750,000 shall be disbursed to the Division of Small and Native Enterprise Improvement for the implementation, in collaboration with the ABRA, of a retail marijuana enterprise incubator and technical help applications to help the objectives of this act in bringing the advantages of marijuana legalization and regulation to these previously harmed by criminalization;

(3) The subsequent $2,000,000 shall be to disbursed by way of a Neighborhood Reinvestments grants program to certified community-based nonprofit organizations to help job placement, psychological well being therapy, system navigation companies, authorized companies to deal with obstacles to reentry and file sealing, linkages to medical care, and different companies for communities disproportionately affected by previous federal and District drug insurance policies. The Mayor shall solicit enter from community-based job expertise, job placement, and authorized service suppliers with related experience as to the administration of the grants program, and shall periodically consider the efficacy of the funded applications; and

(4) Any quantity in extra obtained and picked up shall be transferred to the final fund.


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Part 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 speed of tax shall be 10% of the gross receipts from the sale of or costs 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 switch of unprocessed retail marijuana by a retail marijuana cultivation facility. The tax shall be imposed on 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 retailer, or one other retail marijuana cultivation facility. The speed shall be:

(A) $40 per ounce on all hashish flowers;
(B) $10 per ounce on all elements of hashish aside from hashish flowers and immature hashish vegetation;
(C) $25 per immature hashish plant; and
(D) For portions of lower than an oz the charges in paragraphs (A) by means of (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 Monetary Officer could require retail marijuana cultivation amenities, on-premises consumption amenities and retail marijuana shops to file tax returns and remit funds due pursuant to subsection (a) and (b) of this part electronically. The Workplace of Chief Monetary Officer shall promulgate guidelines governing digital cost and submitting.


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Part 10. Medical Marijuana.

(a) Every regulation, normal, rule, discover, order and steerage promulgated or issued by the Mayor pursuant to the Legalization of Marijuana for Medical Therapy Modification 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 impact in line with its phrases, besides to the extent in any other case offered beneath this act, inconsistent with any provision of this act, or revised by the Mayor.

(b) Any particular person holding a license pursuant to the Legalization of Marijuana for Medical Therapy Modification Act of 2010, efficient July 27, 2010 (D.C. Regulation 18-210; D.C. Official Code ss. 7-1671.01 et seq.), shall preserve all rights beneath the license at some point of the license.

Part 11. Driving beneath the affect.

(a) Part § 50-1901 of the Complete 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” implies that amount of an individual’s blood, breath, oral fluid or urine essential to conduct chemical testing to find out alcohol or drug content material. A single specimen could also be comprised of a number of breaths right into a breath take a look at instrument if such is critical to finish a sound breath take a look at, or a single blood draw or single urine or oral fluid pattern no matter what number of instances the blood or urine or oral fluid pattern is examined. As used on this paragraph, “oral fluid” means all secretions from an individual’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) Part § 50-1904.01 is amended to learn as follows:
“(a)When a regulation enforcement officer has cheap grounds to consider that an individual was working or in bodily management of a automobile throughout the District whereas intoxicated or whereas the particular person’s skill to function a automobile is impaired by the consumption of alcohol or a drug or a mixture thereof, the regulation enforcement officer could, with out making an arrest or issuing a violation discover, request that the particular person undergo a preliminary breath take a look at or oral fluid, to be administered by the regulation enforcement officer, who shall use a tool which the Mayor has authorized by rule for that function.

“(b) Earlier than administering the take a look at, the regulation enforcement officer shall advise the particular person to be examined that the preliminary breath take a look at or oral fluid take a look at is voluntary and that the outcomes of the take a look at can be used to help within the regulation enforcement officer’s determination whether or not to arrest the particular person.

“(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, topic to the provisions of this chapter, to submitting 2 specimens for chemical testing of the particular person’s blood, breath, oral fluid or urine, for the aim of figuring out alcohol or drug content material; and

(e) Part § 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 she or he is concerned 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 particular person was concerned in a collision that resulted in a fatality, besides as offered in paragraph (2) of this subsection, a regulation enforcement officer could make use of no matter means are cheap to gather blood or oral fluid specimens from the particular person if the regulation enforcement officer has cheap grounds to consider that the particular person was intoxicated or drunk or of any drug or any mixture thereof.

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

(g) Part § 50-1909 is amended to learn as follows:
Ҥ 50-1909. Preliminary breath or oral fluid take a look at.
“(a) When a regulation enforcement officer has cheap grounds to consider that an individual is or has been working or in bodily management of a watercraft throughout the District whereas intoxicated or whereas the particular person’s skill to function a watercraft is impaired by the consumption of alcohol or a drug or a mixture thereof, the regulation enforcement officer could, with out making an arrest or issuing a violation discover, request that the particular person undergo a preliminary breath take a look at or oral fluid take a look at, to be administered by the regulation enforcement officer, who shall use a tool which the Mayor has authorized by rule for that function.

“(b) Earlier than administering the take a look at, the regulation enforcement officer shall advise the particular person to be examined that the take a look at is voluntary and that the outcomes of the take a look at can be used to help within the regulation enforcement officer’s determination whether or not to arrest the particular person.

“(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) Part § 50-1910 is amended to learn as follows:
“(a) Besides as offered in subsection (b) of this part, any one who operates or who’s in bodily management of any watercraft throughout the District and a regulation enforcement officer has cheap grounds to consider that the particular person is working or in bodily management of a watercraft whereas intoxicated or whereas the particular person’s skill to function a watercraft is impaired by the consumption of alcohol or a drug or a mixture thereof, after arrest shall:

“(1) Besides 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 particular person’s blood, breath, oral fluid or urine, for the aim of figuring out 885 alcohol or drug content material; 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 material when she or he is concerned 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 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 learn as follows:
“(d)(1) If an individual beneath arrest refuses to submit specimens for chemical testing as offered in § 50-1910(a), and the particular person was concerned in a collision that resulted in a fatality, besides as offered in paragraph (2) of this subsection, a regulation enforcement officer could make use of no matter means are cheap to gather blood or oral fluid specimens from the particular person if the regulation enforcement officer has cheap grounds to consider that the particular person was intoxicated or was drunk or of any drug or any mixture thereof.

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

(j) Part § 50-2206.01(18) of the District of Columbia Site 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” implies that amount of an individual’s blood, breath, oral fluid or urine essential to conduct chemical testing to find out alcohol or drug content material. A single specimen could also be comprised of a number of breaths right into a breath take a look at instrument if vital to finish a sound breath take a look at, or a single blood draw or single urine or oral fluid pattern no matter what number of instances the blood or urine or oral fluid pattern is examined. As used on this paragraph, “oral fluid” means all secretions from an individual’s oral cavity. “.


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Part 12. Freedom of Data Act exemption.

Data of the digital 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 buyer at a retail marijuana retailer applied and maintained by the Alcohol Beverage Regulation Administration pursuant to part 7 of this act shall not be made out there as a public file beneath part 202 of the Freedom of Data Act of 1976, efficient March 25, 923 1977 (D.C. 398 Regulation 1-96; D.C. Official Code § 2-532).

Part 13. Severability and Enforceability of Contract Pertaining to Marijuana

If any provision of this act, or the applying thereof to any particular person or circumstance, is discovered by a court docket invalid, such willpower shall not have an effect on different provisions or purposes of this act which may given impact with out 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 in any other case legally legitimate shall not be void or voidable.

Part 14. Fiscal impression assertion.

The Council adopts the fiscal impression assertion within the committee report because the fiscal impression assertion required by part 602(c)(3) of the District of Columbia Residence Rule Act, authorized December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(3)).

Part 15. Efficient date.

This act shall take impact following approval by the Mayor (or within the occasion of veto by the Mayor, motion by the Council to override the veto), a 30-day interval of Congressional assessment as offered in part 602(c)(1) of the District of Columbia Residence Rule Act, authorized 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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