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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
Copyright:Traditional Copyright: All rights reserved


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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rulema2ing shall remain in effect for up to one hundred and t'enty (1#$) days, until October 3, #$1, unless earlier superseded by publication of a @otice of 9inal Rulema2ing in the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*
(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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