{"data":{"id":"us-dc/d.c.-code-7-1671.08","jurisdiction":"us-dc","citation":"D.C. Code § 7-1671.08","heading":"Penalties.","body":"\n      *NOTE: This section includes amendments by emergency legislation that will expire on October 28, 2026. To view the text of this section after the expiration of all emergency and temporary legislation affecting this section, click this link: Permanent Version.*\n      \n\n(a)\nAny person who manufactures, cultivates, possesses, administers, dispenses, distributes, or uses cannabis, or manufactures, possesses, distributes, or uses paraphernalia, in a manner not authorized by this chapter or the rules issued pursuant to § 7-1671.13 shall be subject to criminal prosecution and sanction under subchapter I of Chapter 11 of Title 48 [§ 48-1101 et seq.].\n\n(b)\n(1)\nAny person who makes a fraudulent representation to a law enforcement official of any fact or circumstance relating to the person's manufacture, cultivation, possession, administration, dispensing, distribution, or use of medical cannabis, or manufacture, possession, distribution, or use of paraphernalia to avoid arrest or prosecution shall be subject to a criminal fine not to exceed $1,000.\n(2)\nThe imposition of the fine set forth in paragraph (1) of this subsection shall be in addition to any other penalties that may otherwise apply for the making of a false statement or for the manufacture, cultivation, possession, administration, dispensing, distribution, or use of cannabis, or the manufacture, possession, distribution, or use of paraphernalia.\n\n(c)\nIt shall be an affirmative defense to a criminal charge of possession or distribution of cannabis, or possession with intent to distribute cannabis, that the person charged with the offense is a person who:\n(1)\nWas in possession of medical cannabis only inside the qualifying patient’s residence or a medical treatment facility;\n(2)\nOnly administered or assisted in administering the medical cannabis to the qualifying patient and only within the qualifying patient’s residence or at a permitted medical treatment facility;\n(3)\nAssisted the qualifying patient only when the caregiver was not reasonably available to provide assistance; and\n(4)\nIs 18 years of age or older.\n\n(c-1)\nIt shall be a violation of this chapter for a licensed establishment or an unlicensed establishment, regardless of whether the unlicensed establishment has an application pending before the ABC Board, to sell, exchange as part of a commercial transaction, or deliver Schedule I substances or products that contain Schedule I substances.\n\n(d)\nThe ABC Board may impose and adjudicate civil fines for violations of this chapter and rules issued in accordance with § 7-1671.13 committed by licensed or unlicensed cultivation centers, manufacturers, retailers, internet retailers, testing laboratories, and couriers.\n\n(e)\nWithin 180 days after March 22, 2023, the ABC Board shall submit proposed regulations to the Council setting forth a schedule of civil penalties, fines, and fees for violations of this chapter for a 90-day period of review, including Saturdays, Sundays, holidays, and periods of Council recess. If the Council does not approve, in whole or in part, the proposed regulations within the 90-day review period, the regulations shall be deemed approved. The schedule shall replace all civil penalties, except as expressly provided in this chapter.\n\n(f)\nBeginning January 31, 2024, the ABC Board may issue the following fines to an unlicensed establishment that violates § 7-1671.06(c-1) or § 7-1671.06b(e), or has not filed an accepted and pending application with the ABC Board and knowingly engages or attempts to engage in the purchase, sale, exchange, delivery, or any other form of commercial transaction involving cannabis that is not purchased, sold, exchanged, or delivered in accordance with the provisions of this chapter or § 48-904.01:\n(1)\nFor the first violation, the ABC Board may:\n(A)\nIssue a fine in the amount of $10,000; and\n(B)\nRequire the unlicensed establishment to submit a remediation plan to the ABC Board that contains the unlicensed establishment's plan to prevent any future recurrence of purchasing, selling, exchanging, delivering, or otherwise transacting any cannabis or cannabis products that are not purchased, sold, exchanged, or delivered in accordance with the provisions of this chapter or § 48-904.01;\n(2)\nFor any subsequent violations or if the unlicensed establishment fails to submit a remediation plan in accordance with paragraph (1) of this subsection, or if the ABC Board rejects the unlicensed establishment's remediation plan, the ABC Board may issue additional fines as follows:\n(A)\nFor the second violation, a fine in the amount of $20,000;\n(B)\nFor the third or subsequent violation, a fine in the amount of $30,000;\n(C)\nFor failing to submit a remediation plan or having its remediation plan rejected by the ABC Board, a fine of in the amount of $10,000.\n(3)\nRevenue collected from fines imposed pursuant to this subsection shall be deposited in the General Fund of the District of Columbia.\n(4)\nNothing in this subsection shall preclude the ABC Board from issuing a cease-and-desist order or the closure of an unlicensed establishment for a first or subsequent violation of this subsection.\n\n(g)\n(1)\nNotwithstanding §§ 7-1671.06(b) and 7-1671.06(f), ABCA shall have the authority to inspect the entire premises, inventory, and business records of an unlicensed establishment to determine whether the business is conducting activity in violation of this chapter. If, after an inspection, ABCA determines that an unlicensed establishment presents an imminent danger to the health or safety of the public, as described in paragraph (2) of this subsection, the ABC Board may summarily close and order the padlocking, by ABCA or MPD without a prior hearing, of the unlicensed establishment, and ABCA or MPD may seize all cannabis, cannabis products, Schedule I substances, or products that contain Schedule I substances found at the premises.\n(2)\nFor the purpose of this subsection, the term \"imminent danger to the health or safety of the public\" includes any of the following:\n(A)\nThe unlicensed establishment distributes or attempts to distribute cannabis or a cannabis product to one or more persons under the age of 21.\n(B)\nThe unlicensed establishment manufactures, produces, or cultivates cannabis or cannabis products at the building or premises.\n(C)\nOnce a testing laboratory has been licensed under this chapter, the unlicensed establishment distributes, attempts to distribute, or makes available for sale or exchange cannabis or a cannabis product untested by a testing laboratory licensed under this chapter.\n(D)\nThe unlicensed establishment distributes, attempts to distribute or makes available for sale or exchange cannabis or a cannabis product that fails to contain a label identifying the source of the cannabis or cannabis product, including where it was manufactured, the contents of the package, and the cannabis or cannabis product's ingredients, and tetrahydrocannabinol (THC) content, or is otherwise not labeled in accordance with this chapter.\n(E)\nThe unlicensed establishment fails to comply with a cease-and-desist order.\n(F)\nThe unlicensed establishment distributes, attempts to distribute, or makes available for sale or exchange Schedule I substances, or products that contain Schedule I substances, as enumerated in § 48-902.04.\n(G)\nAn employee, agent, or owner of the unlicensed establishment has unlawful firearms or weapons on the premises.\n(H)\nA dangerous crime, as defined in § 23-1331(3), or a crime of violence, as defined in § 23-1331(4), was committed on the premises of the unlicensed establishment.\n(I)\nThe unlicensed establishment engages in any activity or operation established as an imminent danger to the health or safety of the public by the ABC Board by rule.\n(3)\nABCA shall provide the unlicensed establishment's owner and the property owner with written notice of the summary closure and the right to request a hearing.\n(4)\nThe owner of the unlicensed establishment shall have 5 business days after service of the notice of summary closure to request a hearing with the ABC Board, which shall hold a hearing within 5 business days of a timely request.\n(5)\nThe ABC Board shall issue a written decision within 5 business days after the hearing.\n(6)\nThe ABC Board may continue the summary closure, padlocking of the premises, and seizure of cannabis, cannabis products, Schedule I substances, and products containing Schedule I substances until the imminent danger that triggered the summary closure is abated. Even if the imminent danger that triggered the summary closure is abated, the ABC Board may continue the summary closure, the padlocking of the premises, and the seizure of cannabis, cannabis products, Schedule I substances, and products containing Schedule I substances, if the ABC Board determines, in its reasonable judgment, the imminent danger is likely to recur.\n\n(g-1)\n(1)\nThe ABC Board may summarily close and order the padlocking, by ABCA or MPD without a prior hearing, of a licensed establishment, and ABCA or MPD may seize all cannabis, cannabis products, Schedule I substances, and products containing Schedule I substances found at the premises, if, after an inspection, ABCA determines that the licensed establishment presents an imminent danger to the health and safety of the public for the reasons set forth in subsection (g)(2)(C) through (G) of this section.\n(2)\nABCA shall provide the licensed establishment's owner and the property owner with written notice of the summary closure and the right to request a hearing.\n(3)\nThe owner of the licensed establishment shall have 5 business days after service of the notice of summary closure to request a hearing with the ABC Board, which shall hold a hearing within 5 business days of a timely request.\n(4)\nThe ABC Board shall issue a written decision within 5 business days after the hearing, or if no hearing is requested, within 10 business days after the service of the notice.\n(5)\nThe ABC Board may continue the summary closure, padlocking of the premises, and seizure of cannabis, cannabis products, Schedule I substances, and products containing Schedule I substances until the imminent danger that triggered the summary closure is abated. Even if the imminent danger that triggered the summary closure is abated, the Board may continue the summary closure, the padlocking of the premises, and the seizure of cannabis, cannabis products, Schedule I substances, and products containing Schedule I substances, if the ABC Board determines, in its reasonable judgment, the imminent danger is likely to recur.\n\n(h)\n(1)\nABCA or the Metropolitan Police Department may post signage at the site of the unlicensed establishment or licensed establishment indicating that activity that violates this chapter has been found to have occurred at the establishment.\n(2)\nIf the ABC Board orders the closure of an unlicensed establishment or licensed establishment, the ABC Board shall post 2 notices in conspicuous places at or near the main street entrance on the outside of the establishment.\n(3)\nThe posted notice shall state that the closure is ordered because of a violation of this chapter or of the regulations promulgated pursuant to this chapter.\n(4)\nAny person willfully removing, obliterating, or defacing the notice shall be guilty of a violation of this chapter.\n\n(i)\n(1)\nAn ABCA investigator may test cannabis and cannabis products found at a licensed establishment or unlicensed establishment to quantify their THC content and may, to the extent the investigator has probable cause to do so, test other substances and products found at a licensed establishment or unlicensed establishment for the presence and quantity of a Schedule I substance.\n(2)\nIn any proceeding before the ABC Board, labeling or packaging in an unlicensed establishment that states that the product contains cannabis or tetrahydrocannabinol, whether in whole or in part, or a derivative thereof, shall create a presumption that the product contains cannabis and contains the amounts of the chemicals indicated on the label or packaging unless such presumption is overcome by a preponderance of evidence to the contrary.","path":["Title 7. Human Health Care and Safety.","Chapter 16B. Use of Marijuana for Medical Treatment."],"source_url":"https://code.dccouncil.gov/us/dc/council/code/sections/7-1671.08","current_through":"2026-08-20 (D.C. Law 26-175)","vintage":"","retrieved_at":"2026-08-29T05:44:07Z","sha256":"e2832cf8e4e5fd13de91f634abd789fd6dc64fbe56622d98e7b0ecba4715894e","source_id":"us-dc","stale":false,"prev":"us-dc/d.c.-code-7-1671.07","next":"us-dc/d.c.-code-7-1671.08a"},"notice":"GroundRules: Original legal text. Not legal advice."}