(a) Beginning one year after October 1, 2020, a person commits the offense of unlawful distribution of a prohibited animal product if that person knowingly imports, sells, offers for sale, purchases, barters, trades, or possesses with intent to sell a prohibited animal product.
(b) Notwithstanding subsection (a) of this section, a person does not commit the offense of unlawful distribution of a prohibited animal product if the person:
(1) Bequeaths the prohibited animal product to the legal beneficiary of an estate or trust upon the death of the owner;
(2) Gifts or donates the prohibited animal product without remuneration;
(3) Is a government employee or agent conducting law enforcement activities pursuant to federal, state, or local law;
(4) Is an educational or scientific institution that imports, sells, offers for sale, purchases, barters, trades, or possesses with intent to sell a prohibited animal product for educational or scientific purposes;
(5) Is engaging in an activity that is expressly authorized by federal law or a permit issued pursuant to federal law;
(6) Imports, sells, offers for sale, purchases, barters, trades, or possesses with intent to sell a prohibited animal product that is part of an antique that:
(A) Is composed of not more than 20% of a prohibited animal product by volume; and
(B) The person can, through documentation, establish provenance and demonstrate that the antique is at least 100 years old; or
(7) Imports, sells, offers for sale, purchases, barters, trades, or possesses with intent to sell a prohibited animal product that is part of a musical instrument that:
(A) Is composed of less than 20% of a prohibited animal product by volume; and
(B) The person can establish provenance and demonstrate that the musical instrument was manufactured before 1976.
(c) The act of obtaining an appraisal of a prohibited animal product alone shall not constitute possession with intent to sell or offer for sale.
(Aug. 6, 2020, D.C. Law 23-126, § 3, 67 DCR 5060.)
ApplicabilitySection 7082 of D.C. Law 23-149 repealed section 6 of D.C. Law 23-126 removing the applicability provision impacting this section. Therefore, the creation of this section by Law 23-126 has been implemented.
Applicability of D.C. Law 23-126: § 6 of D.C. Law 23-126 provided that the creation of this section by § 3 of D.C. Law 23-126 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.