Title 48 — Foods and Drugs.

The Mayor may issue rules and regulations and may charge reasonable fees relating to the registration and control of the manufacture, distribution, and dispensing of controlled substances within the District of Columbia.

(a) Every person who manufactures, distributes, or dispenses any controlled substance within the District of Columbia, or who proposes to engage in the manufacture, distribution, or dispensing of any controlled substance within the District of Columbia, must obtain annually a reg…

(a) The Mayor shall register an applicant to manufacture, distribute, or dispense controlled substances included in Schedules I, II, III, IV, and V unless the Mayor determines that the issuance of that registration would be inconsistent with the public interest. In determining th…

(a) A registration issued under § 48-903.03 to manufacture, distribute, or dispense a controlled substance may be suspended or revoked by the Mayor upon a finding that the registrant: (1) Has been convicted of a felony under any District of Columbia, state, or federal law relatin…

(a) If it appears to the Mayor that an application for registration should be denied or that an existing registration should be suspended or revoked, the Mayor shall notify the applicant or registrant of the proposed denial, suspension, or revocation, briefly stating the reasons …

Persons registered to manufacture, distribute, or dispense controlled substances under this chapter shall keep records and maintain inventories in conformance with the record-keeping and inventory requirements of federal law, laws of the District of Columbia, and with any additio…

Controlled substances in Schedule I or II shall be distributed by a registrant to another registrant only pursuant to an order form. Compliance with the provisions of federal law respecting order forms shall be deemed compliance with this section.

(a) Except when dispensed directly by a practitioner, other than a pharmacy, to an ultimate user, no controlled substance in Schedule II may be dispensed without the written prescription of a practitioner. (b) In emergency situations, as defined by rule of the Mayor, Schedule II …

Civil fines, penalties, and fees may be imposed as alternative sanctions for any infraction of the provisions of this subchapter, or any rules or regulations issued under the authority of this subchapter, pursuant to Chapter 18 of Title 2. Adjudication of any infraction of this s…

(a)(1) Except as authorized by this chapter or Chapter 16B of Title 7 [§ 7-1671.01 et seq.], it is unlawful for any person knowingly or intentionally to manufacture, distribute, or possess, with intent to manufacture or distribute, a controlled substance. Notwithstanding any prov…

(a) It is unlawful for any person: (1) Who is subject to subchapter III of this chapter to distribute or dispense a controlled substance in violation of § 48-903.08; (2) Who is a registrant, to manufacture a controlled substance not authorized by registration, or to distribute or…

(a) It is unlawful for any person knowingly or intentionally: (1) To distribute as a registrant a controlled substance classified in Schedule I or II, except pursuant to an order form as required by § 48-903.07; (2) To use in the course of the manufacture or distribution of a con…

(a) It shall be unlawful for any person to knowingly open or maintain any place to manufacture, distribute, or store for the purpose of manufacture or distribution a narcotic or abusive drug. (b) Any person who violates this section shall be imprisoned for not less than 5 years n…

Any penalty imposed for violation of this chapter is in addition to, and not in lieu of, any civil or administrative penalty or sanction otherwise authorized by law.

No person shall be prosecuted for a violation of any provision of this chapter if such person has been acquitted or convicted under any United States statute governing the sale or distribution of controlled substances of the same act or omission which is alleged to constitute a v…

(a) Any person who is 21 years of age or over and who violates § 48-904.01(a) by distributing a controlled substance which is listed in Schedule I or II and which is a narcotic drug, phencyclidine, or a phencyclidine immediate precursor to a person who is under 18 years of age ma…

(a) Any person who is 21 years of age or over and who enlists, hires, contracts, or encourages any person under 18 years of age to sell or distribute any controlled substance, in violation of § 48-904.01(a), for the profit or benefit of such person who enlists, hires, contracts, …

(a) All areas within 1000 feet of an appropriately identified public or private day care center, elementary school, vocational school, secondary school, junior college, college, or university, or any public swimming pool, playground, video arcade, youth center, or public library,…

(a) Any person convicted under this chapter of a second or subsequent offense may be imprisoned for a term up to twice the term otherwise authorized, fined an amount up to twice that otherwise authorized, or both. (b) For purposes of this section, an offense is considered a secon…

Any person who attempts or conspires to commit any offense defined in this subchapter is punishable by imprisonment or fine or both which may not exceed the maximum punishment prescribed for the offense, the commission of which was the object of the attempt or conspiracy.

Whoever, except for a physician, dentist, chiropodist, or veterinarian licensed in the District of Columbia or a state, registered nurse, registered embalmer, manufacturer or dealer in embalming supplies, wholesale druggist, industrial user, official of any government having poss…

(a) The Mayor shall cooperate with the Board of Education, federal agencies, and other state agencies in discharging the Mayor’s responsibilities concerning traffic in controlled substances and in suppressing the abuse of controlled substances. To this end, the Mayor may: (1) Arr…

(a) The following property is subject to forfeiture if determined to be used in furtherance of or as proceeds of the manufacture or distribution of a controlled substance as prohibited by § 48-904.01(a): containers, conveyances, equipment, raw materials, real property, money, cur…

(a) It is not necessary for the prosecution to negate any exemption or exception in this chapter in any complaint, information, indictment, or other pleading or in any trial, hearing, or other proceeding under this chapter. The burden of proof of any exemption or exception is upo…

(a) The Mayor shall establish and operate an educational program consisting of films, lectures, panel discussions, or whatever other educational device the Mayor deems necessary and appropriate to enlighten persons on the habitual use of controlled substances in general and to in…

(a) The Mayor may make administrative inspections of controlled premises in accordance with the following provisions: (1) For purposes of this section only, the term “controlled premises” means: (A) Places where persons registered or exempted from registration requirements under …

In a proceeding for a violation of this chapter, the official report of chain of custody and of analysis of a controlled substance performed by a chemist charged with an official duty to perform such analysis, when attested to by that chemist and by the officer having legal custo…

(a) In any investigation relating to the Mayor’s functions under this subchapter with respect to controlled substances, the Mayor may subpoena witnesses, compel the attendance and testimony of witnesses, and require the production of any records (including books, papers, document…

(a) Prosecution for any violation of the laws repealed by D.C. Law 4-29, pursuant to § 604, which were initiated prior to August 5, 1981, is not affected or abated by this chapter. If the offense being prosecuted is similar to an offense set out in subchapter IV of this chapter, …

Any orders and rules issued under any law affected by this chapter and in effect on August 5, 1981, and not in conflict with it, continue in effect until modified, superseded, or repealed.

If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the pr…

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(a) Notwithstanding any other District law, it is unlawful for any person to smoke or otherwise consume marijuana in or upon a public space, or in or upon any of the following places: (1) A street, alley, park, sidewalk, or parking area; (2) A vehicle in or upon any street, alley…

(a) Repealed. (b) Arrests without a warrant, and searches of the person and seizures pursuant thereto, may be made for a violation of subsection (a) of this section hereof by police officers, as in the case of a felony, upon probable cause that the person arrested is violating su…

(a) Except as provided in subsection (a-1) of this section, a search warrant may be issued by any judge of the Superior Court of the District of Columbia or by a United States Magistrate for the District of Columbia when any controlled substances are manufactured, possessed, cont…

(a) Except as provided in subsection (b) of this section, none of the following shall, individually or in combination with each other, constitute reasonable articulable suspicion of a crime: (1) The odor of marijuana or of burnt marijuana; (2) The possession of or the suspicion o…

Information communicated to a physician in an effort unlawfully to procure controlled substances, or unlawfully to procure the administration of any such controlled substances, shall not be deemed a privileged communication.

A licensed practitioner, in good faith and in the course of professional practice only, may cause controlled substances to be administered by a nurse, certified emergency medical technician/paramedic, certified emergency medical technician/intermediate paramedic, or intern under …

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For purposes of this subchapter, the term: (1) Blunt wrap” means any product that is manufactured for encasing, wrapping, or rolling materials of any kind for purposes of smoking, if such product is designed to be filled by the consumer and is: (A) Made wholly or in part of tobac…

(a) In determining whether an object is drug paraphernalia, a court or other authority shall consider, in addition to all other logically and legally relevant factors, the following factors: (1) Statements by an owner or by anyone in control of the object concerning its use; (2) …

(a)(1) Except as authorized by Chapter 16B of Title 7 [§ 7-1671.01 et seq.], it is unlawful for any person to use, or to possess with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, …

(a) The Mayor is authorized to establish within the Department of Human Services a Needle Exchange Program (“Program”), which may provide clean hypodermic needles and syringes to injecting drug users. Counseling on substance abuse addiction and information on appropriate referral…

The following shall be subject to forfeiture immediately, and no property right shall exist in them after a final conviction by a court: (1) All books, records, and research, including formulas, microfilm, tapes, and data which are used, or intended for use, in violation of this …