D.C. Act 24-323. Medical Marijuana Patient Access Extension Emergency Amendment Act of 2022.

AN ACT

To amend, on an emergency basis, the Legalization of Marijuana for Medical Treatment Initiative of 1999 to set a new expiration date for the issuance of 2-year qualifying patient and caregiver registration cards, to establish a sunset date for qualifying patients and caregivers whose registration cards expired on or after March 1, 2020, to continue to purchase medicinal marijuana, to ease registration burdens for seniors entering and remaining in the medical cannabis program by allowing seniors 65 years and older to self-certify that they are utilizing cannabis for medical purposes until September 30, 2022, to increase the amount of dried cannabis a qualifying patient may possess at any one time from 4 ounces to 8 ounces, 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, and to declare a 4/20 medical cannabis sales tax holiday week to retain and bring patients back to the medical cannabis program.

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Medical Marijuana Patient Access Extension Emergency Amendment Act of 2022".

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 section 5, except for senior citizens 65 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 until September 30, 2022.".

(2) A new subsection (c-1) is added to read as follows:

"(c-1) Where a qualifying patient's or caregiver's registration identification card has expired or will expire at any time between March 1, 2020, and September 30, 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 this act and the rules issued pursuant to section 14 until September 30, 2022. On or after October 1, 2022, the qualifying patient or caregiver must possess a valid registration identification card to continue to purchase, possess, and administer medical marijuana.".

(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 manufacture, possess, or distribute paraphernalia; provided, that qualifying patients and caregivers who register after November 5, 2021, and prior to September 30, 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. Section 47-2002(a)(7)(A) of the District of Columbia Official Code is amended by striking the period at the end and inserting the phrase "except for sales or charges occurring during 4/20 Medical Cannabis Sales Tax Holiday Week", which shall be the period of Friday, April 15, 2022, through Sunday, April 24, 2022." in its place.

Sec. 5. Repealer.

The Medical Marijuana Patient Access Temporary Amendment Act of 2021, enacted on January 5, 2022 (D.C. Act 24-272; 69 DCR 204), is repealed.

Sec. 6. Applicability.

This act shall apply as of January 31, 2022.

Sec. 7. 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. 8. 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)).