D.C. Act 24-206. Medical Marijuana Patient Access Emergency Amendment Act of 2021.
AN ACT
To amend, on an emergency basis, the Legalization of Marijuana for Medical Treatment Initiative of 1999 to allow qualifying patients with a written recommendation from an authorized practitioner within the last 2 years to register with the Alcoholic Beverage Regulations Administration ("ABRA"), to allow qualifying patients and caregivers whose registration cards have expired or will expire between March 1, 2020, and January 31, 2022, to continue purchasing, possessing, and administering cannabis until January 31, 2022, at which point the qualifying patient or caregiver will need to acquire a new registration card, to increase the amount of dried cannabis a qualifying patient may possess at any one time from 4 ounces to 8 ounces, to provide for the issuance of biennial registration cards to patients and caregivers who register with ABRA by January 31, 2022; and to amend Title 22-C of the District of Columbia Municipal Regulations to allow qualifying patients to establish residency in the District with one document, including a telephone bill or bank statement containing a District address.
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Medical Marijuana Patient Access Emergency Amendment Act of 2021".
Sec. 2. The Legalization of Marijuana for Medical Treatment Initiative of 1999, effective February 25, 2010 (D.C. Law 13-315; D.C. Official Code § 7-1671.01 et seq.), is amended as follows:
(a) Section 3 (D.C. Official Code § 7-1671.02) is amended as follows:
(1) Subsection (c)(1)(A) is amended to read as follows:
"(A) Obtained a signed, written recommendation from an authorized practitioner within the last 2 years in accordance with
(2) A new subsection (c-1) is added to read as follows:
"(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 January 31, 2022, 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
(b) Section 4(a) (D.C. Official Code § 7-1671.03(a)) is amended by striking the phrase "is 2 ounces of dried medical marijuana; provided, that the Mayor, through rulemaking, may increase the quantity of dried medical marijuana that may be possessed up to 4 ounces; and" and inserting the phrase "is 8 ounces of dried medical marijuana. The Mayor" in its place.
(c) Section 6(3) (D.C. Official Code § 7-1671.05(3)) is amended to read as follows:
"(3) Issue nontransferable registration identification cards that expire annually to registered persons and entities, which may be presented to and used by law enforcement to confirm whether a person or entity is authorized to administer, cultivate, dispense, distribute, test, or possess medical marijuana, or to manufacture, possess, or distribute paraphernalia; provided, that qualifying patients and caregivers who register after the effective date of the Medical Marijuana Patient Access Emergency Amendment Act of 2021, passed on emergency basis on November 2, 2021 (Enrolled version of Bill 24-477), and prior to January 31, 2022, shall be issued nontransferable registration identification cards that expire biennially;".
(d) Section 8(b) (D.C. Official Code § 7-1671.07(b)) is repealed.
Sec. 3. Section 501.2(b) of Title 22-C of the District of Columbia Municipal Regulations (22-C DCMR § 501.2(b)), is amended as follows:
(a) The lead-in language is amended by striking the phrase "two (2)" and inserting the phrase "one (1)" in its place.
(b) Subparagraph (9) is amended to read as follows:
"(9) Utility bills from a period within the two (2) months immediately preceding the application date in the name of the applicant on a District of Columbia residential address;".
(c) Subparagraph (10) is redesignated as subparagraph (11).
(d) A new subparagraph (10) is added to read as follows:
"(10) A bank statement addressed to the applicant from a period within the two (2) months immediately preceding the application date in the name of the applicant on a District of Columbia residential address; or".
Sec. 4. Fiscal impact statement.
The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact statement required by section 4a of the General Legislative Procedures Act of 1975, approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).
Sec. 5. Effective date.
This act shall take effect following approval by the Mayor (or in the event of veto by the Mayor, action by the Council to override the veto), and shall remain in effect for no longer than 90 days, as provided for emergency acts of the Council of the District of Columbia in section 412(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 788; D.C. Official Code § 1-204.12(a)).
