§ 7-1671.05a — Courier license.

District of Columbia § 7-1671.05a

• Jurisdiction: District of Columbia
• Title 7: Human Health Care and Safety.
• Ch. 16B: Use of Marijuana for Medical Treatment.

Text

(a) A courier license shall be required for a third party to deliver medical cannabis, medical cannabis concentrates, medical cannabis-infused products, or medical cannabis paraphernalia on behalf of a licensed medical cannabis retailer or internet retailer to a qualifying patient or caregiver.

(b) A medical cannabis retailer or internet retailer licensed under this chapter may utilize the services of a courier license holder by means of the telephone, Internet, mobile application, or other electronic means to facilitate the transport of medical cannabis, medical cannabis concentrates, medical cannabis-infused products or medical cannabis paraphernalia.

(c) The holder of a courier license shall be permitted to deliver medical cannabis directly to a qualifying patient or the qualifying patient's caregiver, on behalf of a retailer or internet retailer, at residential and commercial building addresses located in the District that are not on District government or Federal property or on public or private school grounds, with the exception of deliveries to individuals at colleges and universities who are 21 years of age or older.

(d) A holder of a courier license shall:

(1) Deliver only to the qualifying patient or the qualifying patient's caregiver at a District of Columbia address provided by the patient or caregiver and shall not leave the product without verifying the identity and age of the recipient;

(2) Travel only through the District of Columbia and not any surrounding jurisdiction to make deliveries;

(3) Abide by rules and standards as may be established by the ABC Board through rulemaking concerning the frequency of deliveries to a single patient or caregiver in a day, week, or month;

(4) Abide by the rules posted by a landlord or property owner with respect to prohibitions on cannabis deliveries on its property;

(5) Abide by the rules and standards as may be established by the ABC Board concerning making overnight storage of any product if necessary;

(6) Use its employees or independent contractor to deliver medical cannabis or medical cannabis products; and

(7) Not be permitted to offer curbside pick-up at a retailer, internet retailer, or its ABC Board-approved location to qualifying patients and caregivers.

(1) At the time of the order, a holder of a courier license shall require the qualifying patient or the qualifying patient's caregiver to provide information necessary to verify that the qualifying patient or the patient's caregiver is qualified to purchase and receive a delivery of medical cannabis or medical cannabis products in accordance with this chapter and regulations issued in accordance with § 7-1671.13 .

(2) Prior to transferring possession of the order to a qualifying patient or to a qualifying patient's caregiver, the holder of a courier license shall inspect the person's government-issued identification card and valid ABCA registration issued pursuant to this chapter to verify the possession of a valid registration and that the information provided at the time the order was placed matches the information listed on the government issued identification card and ABCA registration.

(3) Failure of the courier license holder to check information in accordance with paragraphs (1) and (2) of this subsection may result in the ABC Board issuing a fine against the courier or suspending or revoking its license in accordance with this chapter or regulations issued in accordance with § 7-1671.13 .

(1) A holder of a courier license shall maintain in each vehicle used for deliveries of medical cannabis or medical cannabis products, a secure, locked storage compartment for purposes of transporting and securing cash used as payment and the medical cannabis or medical cannabis products.

(2) A holder of a courier license shall not store cash and medical cannabis or medical cannabis products in the same storage compartments.

(1) A holder of a courier license shall abide by rules concerning the operation and number of vehicles allowed, as set forth in regulations issued by the ABC Board pursuant to § 7-1671.13 .

(2) A courier vehicle shall contain a Global Positioning System ("GPS") device for identifying the geographic location of the courier vehicle. The GPS device shall be either permanently or temporarily affixed to the courier vehicle while the courier vehicle is in operation, and the GPS device shall remain active and in the possession of the delivery employee at all times during the delivery.

(3) A courier vehicle shall not bear any markings, images, words, or phrases that would indicate the vehicle is used to deliver medical cannabis, including the name of the courier or cannabis-related related images.

(h) Applicants for the courier license shall complete an application prescribed by the ABC Board by regulations issued pursuant to § 7-1671.13 .

(i) The minimum initial application fee for a courier license shall be $1,000. The license shall be valid for 3 years with a minimum annual license fee of $2,000.

(j) Notwithstanding the requirements of this section, the ABC Board may, by rule, modify the delivery requirements that the holder of a courier license is required to follow.

(k) For purposes of this section, a public or private park shall not be considered either a residential or commercial building address.

Legislative History

Feb. 25, 2010, D.C. Law 13-315, § 6a