The District of Columbia Patients' Cooperative

At the August board meeting of the District of Columbia Patients' Cooperative ("DCPC"), it was decided that based on the most current regulations, DCPC will not be pursuing licenses for a cultivation center and dispensary in the District of Columbia at this time. While this was a very difficult decision to make, which we know let down many of our supporters throughout the District of Columbia, the board felt that the District government was not providing stakeholders the proper assurances that the program will be implemented expediently and without interference from local & federal authorities.

By requiring DCPC to sign the "Acknowledgment & Attestation Form," DCPC feels that stakeholders are likely being setup for criminal charges based on the incorrect assumption that the District's medical cannabis program is in violation of Federal law. Contrary to this form, DCPC does not believe we are violating Federal law by participating in the District's medical cannabis program because Congress approved the enabling legislation for the program on three different occasions. Under Article 1, Section 8, Clause 17 of the United States Constitution, which grants Congress "exclusive Legislation in all Cases whatsoever" over the District of Columbia, we believe that Congress cannot on one hand allow for the District's medical cannabis program to move forward and on the other hand still be in violation of the laws passed by Congress. DCPC believes that by signing the form we waive the due process protections provided in the 5th Amendment to the United States Constitution. Therefore, we cannot sign & notarize such a form until we know that it will not be used against DCPC. Had the District government chosen to stand up for the sick patients of the District of Columbia, or at least let patients grow their own supply of medicine in the comfort & privacy of their own homes, we do not believe we would have been required to sign such a form. And while District residents were told that the medical cannabis program was to follow the best practices of jurisdictions with implemented medical cannabis programs, DCPC is unaware of any other jurisdiction in America that requires applicants to sign such an onerous form.

In the FY 2010 Consolidated Appropriations Conference Report: Financial Services Summary published by the U.S. Senate Appropriations Committee on December 8th, 2009, it states that the 2010 appropriations budget "allows the District to implement a referendum on use of marijuana for medical purposes as has been done in other states." Thus the question must be raised, how can Congress give the District of Columbia the green light to move forward with it's medical cannabis program, but then have the District government require applicants to sign a form stating they are violating Federal law? We believe this fundamental question will be answered in the coming months, but in the meantime we are not going to risk going to jail in order to find out.

DCPC firmly believes that the District of Columbia's medical cannabis law needs to be revised to allow patients to grow their own medicine, which has always been the basis of every medical cannabis legislation in other States. We believe that the program will continue to be delayed and sick patients will continue to wait for safe access until the District government provides the needed leadership required to implement the program. We also question why the Mayor has chosen to not sign the final notice of the regulations and believe that stakeholders will be given a new set of regulations to comply with in December when the current Emergency regulations expire. Thus, DCPC has chosen to follow a "wait & see" approach- we will wait to see how the program is implemented and then we will decide whether to participate in the District's nascent medical cannabis program. We thank you for your patience and continued support.



At this time there is no legal medical cannabis in the District of Columbia.

Qualified patients should have safe, legal access in May 2012.



If you have a moment, please contact the Mayor at (202) 727-6300 / mayor@dc.gov or contact the Health Regulation and Licensing Administration at the DC Department of Health (202) 724-4900 / doh.mmp@dc.gov with your comments, concerns, and suggestions related the District's medical cannabis program.

Below are links that relate to DCPC's ongoing efforts to assist the District's medical cannabis program:

CURRENT REGULATIONS:

Emergency and Fourth Proposed Rulemaking to Implement the Legalization of Marijuana for Medical Treatment Initiative of 1999 - Issued 08/12/2011 and will expire on 12/12/2011 unless signed by the Mayor or replaced by the 5th Proposed Regulations.

DRAFT REGULATIONS & DCPC COMMENTS:

+ Emergency and Third Proposed Rulemaking - 04/15/2011 - The third proposed rules - Expired on 08/12/2011
+ DCPC's comments concerning the second proposed rulemaking [PDF] - 12/13/2010
+ Second Proposed Rulemaking to Implement the Legalization of Marijuana for Medical Treatment Intiative of 1999 [PDF] - 11/12/2010

+ DCPC's comments concerning the first proposed rulemaking[PDF] - 09/17/2010
+ Americans For Safe Access' comments concerning the first proposed rulemaking [PDF] - 09/17/2010
+ Marijuana Policy Project's comments concerning the first proposed rulemaking [PDF] - 09/17/2010
+ First Proposed Rulemaking: Amending Title 22 of DCMR by adding a new Subtitle C entitled "Medical Marijuana" [PDF] - 08/20/2010 - First draft of the proposed regulations to implement the District's medical cannabis program

DC MAYORAL ORDERS:

+ 2011-71: Establishment of Medical Marijuana Program Pursuant to the Legalization of Marijuana for Medical Treatment Initiative of 1999 [PDF] - 04/19/2011 - Mayor Vincent Gray's Delegation of Authority to District Government Agencies
+ Mayor's Order 2010-138 [PDF] - 08/03/2010 - Former Mayor Adrian Fenty's Delegation of Authority to District Government Agencies

FISCAL IMPACT STATEMENT:

+ CFO Natwar M. Gandhi's Fiscal Impact Statement for "Marijuana for Medical Treatment Approval Resolution of 2010" [PDF] - 11/05/2010

DC LAWS:

+ D.C. Act 18-429, "Legalization of Marijuana for Medical Treatment Amendment Act of 2010" [PDF] - Approved by Congress on July 27th, 2010
+ D.C. Law 13-315, "Legalization of Marijuana for Medical Treatment Initiative of 1999" [PDF] - Approved by Congress on February 25, 2010
+ Ballot Initiative 59: The Legalization of Marijuana for Medical Treatment Initiative of 1998 [PDF] - Transfered to Congress on December 21, 2009

CORRESPONDENCE:

+ DCPC Press Release for John A. Wilson Building Press Conference [PDF] - 07/27/2011
+ DCPC Letter of Intent for a Dispensary License [PDF] - 04/29/2011
+ DCPC Letter of Intent for a Cultivation Center License [PDF] - 04/29/2011
+ Mayor Gray's Press Conference Announcement - [Quicktime Video / ~8minutes / DC Channel 16] - 04/06/11
+ Response from Mayor's Correspondence Unit concerning DCPC letter mailed on 01/06/11 [PDF] - Received on 04/09/11
+ DCPC's Second Letter to Mayor Gray [PDF] - 03/29/11
+ DCPC News Advisory for February Town Hall Meeting [PDF] - 02/08/2011
+ DCPC Letter to Mayor Gray [PDF] - 01/06/11 - DCPC requests the Mayor begin the process of implementing the proposed rules.

DCPC IN THE NEWS:

+ Medical marijuana applicants facing D.C. deadline [Washington Times] - 10/11/2011
+ Weeded Out: Medical Marijuana in D.C. Requires Federal Waiver [Washington City Paper] - 09/02/2011
+ Official: Medical marijuana in D.C. by May 2012 [Washington Post] - 07/29/2011
+ Moving Forward on Medical Marijuana in the District? [WAMU 88.5FM - "Metro Connection"] - 07/29/2011
+ Here is a person who is legally allowed to get high [TBD] - 07/28/2011
+ Medical marijuana licenses won't be ready until December, say D.C. officials [NewsChannel8] - 07/27/2011
+ D.C. medical marijuana backers still waiting [Washington Times] - 07/27/2011
+ D.C. medical marijuana program draws eclectic mix of applicants [Washington Times] - 05/31/2011
+ Not Much Competition Yet in D.C. Medical Marijuana Program [DCist] - 05/18/2011
+ D.C. medical marijuana program set to launch [ABC 7 News] - 04/08/2011
+ Medical Marijuana Program to Get Off Ground on April 15 [DCist] - 04/06/2011
+ D.C.'s pot pioneers: Seeking a piece of the medical marijuana action [Washington Post] - 03/08/2011
+ Obama Listen Up: Medical Cannabis Coming to DC [METRO Diversity] - 02/14/2011
+ Future of Medical Marijuana in the District Slow-Moving and Hazy [Washington City Paper] - 02/11/2011
+ Medical Marijuana Advocates Getting Impatient [DCist] - 02/11/2011
+ DCPC Holds Medical Marijuana Town Hall Meeting [Park View, DC] - 02/11/2011
+ Town Hall Meeting Held To Explain Rules and Regulations of DC's Medical Marijuana Program [DC Fox 5] - 02/10/2011
+ Advocates push for medical marijuana law to go into effect [TBD] - 02/10/2011
+ D.C. Town Hall Meeting to Address Medical Marijuana Program [High Times] - 02/08/2011
+ Implementation Of D.C. Medical Marijuana Law Starts Slowly [WAMU] - 01/20/2010
+ Cannabis Capitalists Speak with Conviction [Washington Post] - 08/27/2010
+ The Rabbi of Pot [Washington City Paper] - 08/13/2010
+ Washington, D.C., Approves Medical Use of Marijuana [New York Times] - 5/5/2010

+ Interview with Irvin Rosenfeld [Russia Today] - 07/26/2011
+ Medical marijuana licenses won't be ready until December, say D.C. officials [NewsChannel8] - 07/27/2011

Last update October 24, 2011

The District of Columbia Patients' Cooperative (DCPC) is a non-profit corporation founded in January 2010 by District residents under the auspices of the original language of Initiative 59 to cultivate & dispense medical cannabis to qualified patients in the District of Columbia.