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DCRA emergency rulemaking re synthetic drugs 2014 06

DCRA emergency rulemaking re synthetic drugs 2014 06

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Published by Scott Roberts
DCRA emergency rulemaking re synthetic drugs 2014 06
DCRA emergency rulemaking re synthetic drugs 2014 06

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Categories:Types, Brochures
Published by: Scott Roberts on Jun 24, 2014
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06/25/2014

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DEPARTMENT OF CONSUMER AND REGULATORY AFFAIRSNOTICE OF EMERGENCY RULEMAKING
The Director of the Department of Consumer and Regulatory Affairs (Director), pursuant to authority set forth in the Second Omnibus Regulatory Reform Amendment Act of 1!, effecti"e April #$, 1, as amended (D%C% &a' 1##1* D%C% Official Code + -#!.1%#$ (#$1# Repl%)), hereby gi"es notice of the adoption, on an emergency basis, of the follo'ing amendments to Chapter  (/rohibition on the Sale of Synthetic Drugs), Title 1- (0usiness, Occupations, and /rofessions) of the District of Columbia unicipal Regulations (DCR)% The rulema2ing pro"ides enforcement penalties for businesses engaged in the sale, possession, or manufacture of synthetic drugs% The penalties 'ould include business license suspensions and  business license re"ocations%This emergency rulema2ing is necessary to bring enforcement regulations in line 'ith Section 3$1 of the District of Columbia4s Omnibus Criminal Code Amendments Act of #$1#, effecti"e 5une 1, #$13 (D%C% &a' 13#$* $ DCR 33$ (arch 1., #$13)), 'hich added synthetic drugs, such as synthetic mari6uana and 7bath salts8, to the District of Columbia4s schedule of controlled substances% This rulema2ing supports "arious 9ederal Drug :nforcement Administration and Department of 5ustice regulations that ma2e it illegal to buy, sell, or possess Schedule ; controlled substances such as <#=Spice, synthetic drugs, or their e>ui"alents because these substances pose an imminent ha?ard to public health, safety and 'elfare% This emergency rulema2ing 'as adopted 5une ., #$1, and became effecti"e on that date% The emergency rulema2ing shall remain in effect for up to one hundred and t'enty (1#$) days, until October 3, #$1, unless earlier superseded by publication of a @otice of 9inal Rulema2ing in the
 D.C. Register 
% The Director also gi"es notice of intent to ta2e final rulema2ing action to adopt these rules in not less than thirty (3$) days after the date of publication of this notice in the
 D.C.  Register 
%
Chapter 9 (Prohibition on the Sae o! S"ntheti# Dr$%&' o! Tite ) (*$&ine&&+ O##$pation&+ an, Pro!e&&ion&' o! the DCMR i& a-en,e, a& !oo.&/Se#tion 90+ E1EMPTIONS+ i& a-en,e, to rea, a& !oo.&/90E1EMPTIONS
$1%1The products prohibited for sale under this chapter shall not apply to(a)Any herbal or plant material containing synthetic chemicals or chemical compounds 'hich(1)Re>uire a prescription*(#)Are appro"ed by the 9ood and Drug Administration*
1
 
(3)Are dispensed in accordance 'ith District and federal la'* and=or ()Are sub6ect to the 6urisdiction of a federal entity%(b)Any material containing synthetic chemicals or chemical compounds 'hich(1)Re>uire a prescription*(#)Are appro"ed by the 9ood and Drug Administration* and=o(3) Are dispensed in accordance 'ith District and federal la'%$1%# A business sub6ect to + $$%1 that belie"es any of its products should not be sub6ect to prohibition shall submit a re>uest for an eBemption on a form pro"ided  by the Department of Consumer and Regulatory Affairs (DCRA)%$1%3;n its re>uest for eBemption, the business shall pro"ide a basis for the eBemption, including a description of the product(s) and an affirmation by the business licensee that, to the best of the business licensee4s 2no'ledge, the product(s) are not used by consumers to achie"e a high, euphoria, relaBation, mood enhancement, hallucinogenic effect or other mind or bodyaltering effect%$1%;f an eBemption re>uest is granted, DCRA(a)ay conduct onsite inspections of the business* and(b)Shall re>uire the business licensee to maintain purchase and sales records for any products that ha"e been issued an eBemption, 'hich the licensee shall pro"ide upon re>uest by any official from DCRA, the D%C% etropolitan /olice Department, or the D%C% Department of ealth%$1%.;f DCRA denies an eBemption re>uest, the business licensee may submit to the DCRA Director or designee a re>uest for reconsideration% The DCRA Director or designee shall ha"e fifteen business (1.) days to issue a 'ritten determination on the re>uest for reconsideration%$1%;n determining 'hether to issue an eBemption under this section, DCRA may see2 recommendations from the D%C% etropolitan /olice Department, the D%C% Department of ealth, or other go"ernment agencies ha"ing eBpertise 'ith synthetic drugs%
Se#tion 902+ PROOF OF INTENT+ i& a-en,e, to rea, a& !oo.&/902 PROOF OF INTENT
#

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