New policy in Washington, DC allows adults to “self-certify” medicinal cannabis

City lawmakers in Washington, DC, on Tuesday passed an emergency regulation designed to ease access to the nation’s capital’s medical cannabis program by allowing all adults to “self-certify” their eligibility to use medical marijuana. Under the proposal, adults aged 21 and over would no longer need to provide a medical cannabis use recommendation from a healthcare provider when applying for a medical cannabis card.

Supporters of the measure claim that the bill will make it easier for patients to access medicinal cannabis, particularly for those who have trouble seeing a doctor. Out of thousands of physicians practicing medicine in Washington, DC, only 620 are registered to make medical marijuana recommendations. In January, the city council passed a similar measure that allowed adults age 65 and older to self-certify for medical cannabis eligibility, but that ordinance expired on May 1.

“This self-certification is urgently needed for consumers and pharmacies alike,” Councilor Janeese Lewis George said, as quoted by DCist. “Broadening our patient base is a necessary first step in giving them a level playing field.”

Pharmacies in Washington, DC compete with illegal businesses

The emergency decree passed on Tuesday was introduced by councilors Kenyan McDuffie and Mary Cheh. Proponents of the bill also hope it will help regulated medicinal dispensaries compete with the illegal cannabis economy.

“Due to the lower barriers to entry into the gray market, a significant number of medical marijuana patients have switched from purchasing their medical marijuana from legal medical dispensaries to the illegal gray market, posing significant risk to the long-term viability of the district’s legal medical marijuana industry,” McDuffie and Cheh said in a statement accompanying the emergency law. “If this trend continues, it’s possible that gray market sales could wipe out the district’s legal marijuana dispensaries.

Cheh and McDuffie continued that given the “benefits that regulated and safe legal dispensaries offer district medical marijuana users, it is vital that the industry survive until the district establishes a regulated recreational market and toward full regulation.” can transition to recreational marijuana products.”

Council members noted that Washington, DC’s licensed medical marijuana dispensaries face stiff competition from the city’s gray cannabis market, which takes advantage of loopholes in the decriminalization of recreational cannabis to operate with virtual impunity. A popular scheme involves companies selling cheap goods at inflated prices and including what appears to be a gift of cannabis with the purchase.

“Smart business owners have pushed the legal boundaries of the gift industry,” McDuffie said ahead of the vote. “I’ve had medical pharmacies that have reached out to me and my staff and said if we don’t pass this measure it could put their businesses at risk.”

Although possession of cannabis has been legalized since a 2014 ballot measure was passed, the federal government has blocked implementation of the law, which would allow recreational cannabis retailers to open. At Tuesday’s meeting, Council Chairman Phil Mendelson said he would still like to see additional legislation targeting Washington DC’s cannabis gift shops, noting that the business provides vital infrastructure for a potentially legalized cannabis market will be for adults.

“It’s not a level playing field and never will be as long as there are illegal cannabis gift shops,” he said. “As long as these companies exist, the legal industry will not be there to intervene [when legalization happens].”

The City Council unanimously approved the move at Tuesday’s meeting. The bill will now be sent to Mayor Muriel Bowser’s office for consideration. In a letter sent to the council on Tuesday, Bowser said she supports the law, according to media reports.