§ 7–1671.02. Use of medical marijuana.

*NOTE: This section includes amendments by temporary legislation that will expire on May 4, 2023. To view the text of this section after the expiration of all emergency and temporary legislation, click this link: Permanent Version.*

*NOTE: This section includes amendments by temporary legislation that will expire on August 3, 2023. To view the text of this section after the expiration of all emergency and temporary legislation affecting this section, click this link: Permanent Version.*

(a) Notwithstanding any other District law, a qualifying patient may possess and administer medical marijuana, and possess and use paraphernalia, in accordance with this chapter and the rules issued pursuant to § 7-1671.13.

(b) Notwithstanding any other District law, a caregiver may possess and dispense medical marijuana to a qualifying patient, and possess and use paraphernalia, for the sole purpose of assisting in the administration of medical marijuana to a qualifying patient in accordance with this chapter and the rules issued pursuant to § 7-1671.13.

(c) A qualifying patient may possess and administer medical marijuana, and possess and use paraphernalia, only for treatment of a qualifying medical condition or the side effects of a qualifying medical treatment and only after having:

(1)(A) Obtained a signed, written recommendation from an authorized practitioner within the last 2 years in accordance with § 7-1671.04, except for individuals 21 years of age and older who shall be permitted to self-certify on a form provided by ABRA that they are utilizing cannabis for medical purposes as part of the registration process; and

(B) Registered with ABRA pursuant to § 7-1671.05; or

(2) Enrolled in another jurisdiction's medical marijuana program.

(c-1) When a qualifying patient's or caregiver's registration identification card has expired or will expire at any time between March 1, 2020, and March 31, 2023, and the qualifying patient or caregiver has not submitted an application for a new registration identification card, the qualifying patient or caregiver may continue to purchase, possess, and administer medical marijuana in accordance with this chapter and the rules issued pursuant to § 7-1671.13 until March 31, 2023. On or after April 1, 2023, the qualifying patient or caregiver must possess a valid registration identification card to continue to purchase, possess, and administer medical marijuana.

(d) A qualifying patient or caregiver shall only possess, administer, or dispense medical marijuana, or possess or use paraphernalia, obtained from a dispensary registered with ABRA pursuant to § 7-1671.05.

(e) A qualifying patient who is a minor may possess and administer medical marijuana only if the parent or legal guardian of the minor has signed a written statement affirming that the parent or legal guardian:

(1) Understands the qualifying medical condition or qualifying medical treatment of the minor;

(2) Understands the potential benefits and potential adverse effects of the use of medical marijuana, generally, and, specifically, in the case of the minor;

(3) Consents to the use of medical marijuana for the treatment of the minor’s qualifying medical condition or treatment of the side effects of the minor’s qualifying medical treatment; and

(4) Consents to, or designates another adult to, serve as the caregiver for the qualifying patient and the caregiver controls the acquisition, possession, dosage, and frequency of use of medical marijuana by the qualifying patient.