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AN ACT
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IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
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To amend, on an emergency basis, the Legalization of Marijuana for Medical Treatment
Initiative of 1999 to allow the Alcoholic Beverage and Cannabis Board (“ABC Board”)
to issue temporary non-resident registration identification cards that are valid for periods
between 3 days and no longer than one year in length, allow licensed testing laboratories
to receive and test samples of medical cannabis products from qualifying patients, allow
licensed testing laboratories to conduct quality assurance or research and development
testing for cultivation centers and manufacturers, amend the definition of a social equity
applicant to include arrests and convictions of qualifying family members for a cannabis
or drug offense, expand the list of eligible family members under the social equity
applicant definition to include siblings and grandparents, clarify that existing licensed
cultivation centers and retailers and applicants that scored 150 points or more during the
open application period that occurred between November 29, 2021 and March 28, 2022,
that are authorized by statute to receive a cultivation center, manufacturer, or retailer
license apart from a designated open application period are not counted in calculating the
50% set aside requirement, clarify that the 5 cultivation center registration applicants that
scored 150 points or more during the same open application period shall automatically
receive a manufacturer license provided that they pay the annual fee and register with the
ABC Board, allow the Alcoholic Beverage and Cannabis Administration to issue
conditional licenses to testing laboratory applicants, and to waive the application fee for
testing laboratory licenses.
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
act may be cited as the “Medical Cannabis Clarification and Non-Resident Patient Access
Emergency Amendment Act of 2023”.
Sec. 2. The Legalization of Marijuana for Medical Treatment Initiative of 1999, effective
February 25, 2010 (D.C. Law 13-315; D.C. Official Code § 7-1671.01 et seq.), is amended as
follows:
(a) Section 2 (D.C. Official Code § 7-1671.01) is amended as follows:
(1) Paragraph (13B)(B) is amended by striking the phrase “30-day registration ENROLLED ORIGINAL
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identification card” and inserting the phrase "registration identification card valid for periods
established by the ABC Board by rulemaking, which are between 3 days and no longer than one
year in length” in its place.
(2) Paragraph (20C)(B) is amended by striking the phrase “or has a non-parent legal
guardian who is or has been incarcerated” and inserting the phrase “or has a non-parent legal
guardian, or a grandparent or a sibling who is or has been arrested, convicted, or incarcerated”.
(b) Section 6(b) (D.C. Official Code § 7-1671.05(b)) is amended as follows:
(1) Paragraph (4) is amended as follows:
(A) Subparagraph (A) is amended by striking the phrase “30 days” and
inserting the phrase "periods established by the ABC Board by rulemaking, which are between 3
days and no longer than one year in length”.
(B) Subparagraph (B) is amended by striking the phrase "30-day”.
(2) Paragraph (5)(C) is amended by striking the phrase "3 years.” and inserting the
phrase “3 years, except for temporary non-resident registration identification cards that are valid
for periods established by the ABC Board by rulemaking, which shall be between 3 days and no
longer than one year in length.” in its place.
(3) A new paragraph (11A) is added to read as follows:
“(11A) Allow testing laboratories to:
“(A) Receive and test samples of medical cannabis products from
qualifying patients; provided, that the qualifying patient must present proof that he or she is
currently registered, and that the medical cannabis product was purchased from a retailer or
internet retailer licensed with ABCA.
“(B) Receive and test samples of medical cannabis products from licensed
cultivation centers or manufacturers for purposes of quality assurance or research and
development. Samples collected for quality assurance or research and development testing may
be selected by the cultivation center or manufacturer non-randomly. Any tests conducted for
purposes of quality assurance or research and development shall not satisfy the requirements of
paragraphs (8) through (11) of this subsection.”.
(c) Section 7 (D.C. Official Code § 7-1671.06) is amended as follows:
(1) Subsection (h) is amended by striking the phrase "cultivation centers who
receive a manufacturer’s license pursuant to subsection (d) of this section.” and inserting the
phrase "cultivation centers and retailers, and applicants who scored 150 points or more during
the ABC Board open application period that occurred between November 29, 2021 and March
28, 2022, who receive a cultivation center, manufacturer, or retailer’s license pursuant to
subsections (d), (w), (x) and (y) of this section.”.
(2) Subsection (k)(1) is amended to read as follows:
“(k)(1) The ABC Board shall be authorized to issue a one-year conditional license for a
cultivation center, retailer, internet retailer, manufacturer, courier, or testing laboratory that does
not currently have a proposed location.”. ENROLLED ORIGINAL
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(3) Subsection (n)(2) is amended to read as follows:
“(2)(A) The ABC Board shall, by rules issued pursuant to section 14, establish the
initial application and renewal fees for cultivation center, manufacturer, retailer, internet retailer,
and courier licenses. The ABC Board may revise these fees as considered necessary.
“(B) There shall be no initial application fee for a testing laboratory
license. Renewal fees for a testing laboratory license shall be established by rules issued pursuant
to sub-paragraph (A) of this paragraph.”.
(3) A new subsection (y) is added to read as follows:
“(y) The 5 cultivation center registration applicants that submitted medical
cannabis facility registration applications to the ABC Board between November 29, 2021 and
March 28, 2022, that scored 150 points or more shall automatically receive a manufacturer
license provided that the annual fee is paid after the effective date of the Medical Cannabis
Manufacturer Clarification Emergency Amendment Act of 2023, effective June 29, 2023 (D.C.
Act 25-152; 70 DCR 9410); provided, that the applicant registers on a form provided by ABCA
with the ABC Board by May 1, 2024.”.
Sec. 3. Repealer.
The Medical Cannabis Manufacturer Clarification Temporary Amendment Act of 2023,
enacted on July 10, 2023; 70 DCR ___), is repealed.
Sec. 4. Fiscal impact statement.
The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact
statement required by section 4a of the General Legislative Procedures Act of 1975, approved
October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).
Sec. 5. Effective date.
This act shall take effect following approval by the Mayor (or in the event of veto by the
Mayor, action by the Council to override the veto), and shall remain in effect for no longer than
90 days, as provided for emergency acts of the Council of the District of Columbia in section
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412(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 788;
D.C. Official Code § 1-204.12(a)).
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Chairman
Council of the District of Columbia
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Mayor
District of Columbia