On December 11, 2024, the Board voted 5 to 0 to adopt this Second Notice of Emergency Rulemaking for the purpose of keeping the current emergency rules in place while the permanent version undergoes review publication in the D.C. Register and review by the Council for permanent addition. The rules will remain in effect for one hundred and twenty days (120) and expire on Thursday, April 10, 2024, unless earlier superseded by final rules.

These emergency rules are necessary to protect patient health. It is also necessary to address what types of situations may be remediated and which may not.

In particular, the Board finds that no remediation is permissible when a substance fails a pesticide test as the Board is aware of no safe means to address this issue. The Board also limits remediated product to medical cannabis oils and botanical cannabis, which may be refined in a manner that addresses various impurity concerns.

Therefore, the issuance of this rulemaking as an emergency is necessary to protect the health, safety, and welfare of the public.