District Of Columbia 2023-2024 Regular Session

District Of Columbia Council Bill B25-0368 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~ENROLLED~~ ORIGINAL
	1	+	ENGROSSED ORIGINAL
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7		-	AN ACT
8		-
9		-	_____________
10		-
11		-	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
12		-
13		-	__________________
14		-
15		-
16		-	To amend, on a temporary basis, the Legalization of Marijuana for Medical Treatment Initiative
17		-	of 1999 to allow the Alcoholic Beverage and Cannabis Board (“ABC Board”) to issue
18		-	temporary non-resident registration identification cards that are valid for periods between
19		-	3 days and no longer than one year in length, allow licensed testing laboratories to
20		-	receive and test samples of medical cannabis products from qualifying patients, allow
21		-	licensed testing laboratories to conduct quality assurance or research and development
22		-	testing for cultivation centers and manufacturers, amend the definition of a social equity
23		-	applicant to include arrests and convictions of qualifying family members for a cannabis
24		-	or drug offense, expand the list of eligible family members under the social equity
25		-	applicant definition to include siblings and grandparents, clarify that existing licensed
26		-	cultivation centers and retailers and applicants that scored 150 points or more during the
27		-	open application period that occurred between November 29, 2021 and March 28, 2022,
28		-	that are authorized by statute to receive a cultivation center, manufacturer, or retailer
29		-	license apart from a designated open application period are not counted in calculating the
30		-	50% set aside requirement, clarify that the 5 cultivation center registration applicants that
31		-	scored 150 points or more during the same open application period shall automatically
32		-	receive a manufacturer license provided that they pay the annual fee and register with the
33		-	ABC Board, allow the Alcoholic Beverage and Cannabis Administration to issue
34		-	conditional licenses to testing laboratory applicants, and to waive the application fee for
35		-	testing laboratory licenses.
36		-
37		-	BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
38		-	act may be cited as the “Medical Cannabis Clarification and Non-Resident Patient Access
39		-	Temporary Amendment Act of 2023”.
40		-
41		-	Sec. 2. The Legalization of Marijuana for Medical Treatment Initiative of 1999, effective
42		-	February 25, 2010 (D.C. Law 13-315; D.C. Official Code § 7-1671.01 et seq.), is amended as
43		-	follows:
44		-	(a) Section 2 (D.C. Official Code § 7-1671.01) is amended as follows:
45		-	(1) Paragraph (13B)(B) is amended by striking the phrase “30-day registration ENROLLED ORIGINAL
	7	+	A BILL 1
	8	+	2
	9	+	25-368 3
	10	+	4
	11	+	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 5
	12	+	6
	13	+	__________________ 7
	14	+	8
	15	+	9
	16	+	To amend, on a temporary basis, the Legalization of Marijuana for Medical Treatment Initiative 10
	17	+	of 1999 to allow the Alcoholic Beverage and Cannabis Board (“ABC Board”) to issue 11
	18	+	temporary non-resident registration identification cards that are valid for periods between 12
	19	+	3 days and no longer than one year in length, allow licensed testing laboratories to 13
	20	+	receive and test samples of medical cannabis products from qualifying patients, allow 14
	21	+	licensed testing laboratories to conduct quality assurance or research and development 15
	22	+	testing for cultivation centers and manufacturers, amend the definition of a social equity 16
	23	+	applicant to include arrests and convictions of qualifying family members for a cannabis 17
	24	+	or drug offense, expand the list of eligible family members under the social equity 18
	25	+	applicant definition to include siblings and grandparents, clarify that existing licensed 19
	26	+	cultivation centers and retailers and applicants that scored 150 points or more during the 20
	27	+	open application period that occurred between November 29, 2021 and March 28, 2022, 21
	28	+	that are authorized by statute to receive a cultivation center, manufacturer, or retailer 22
	29	+	license apart from a designated open application period are not counted in calculating the 23
	30	+	50% set aside requirement, clarify that the 5 cultivation center registration applicants that 24
	31	+	scored 150 points or more during the same open application period shall automatically 25
	32	+	receive a manufacturer license provided that they pay the annual fee and register with the 26
	33	+	ABC Board, allow the Alcoholic Beverage and Cannabis Board to issue conditional 27
	34	+	licenses to testing laboratory applicants, and to waive the application fee for testing 28
	35	+	laboratory licenses. 29
	36	+	30
	37	+	BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 31
	38	+	act may be cited as the “Medical Cannabis Clarification and Non-Resident Patient Access 32
	39	+	Temporary Amendment Act of 2023”. 33 ENGROSSED ORIGINAL
46	40
47	41
48	42
49	43		2
50	44
51		-	identification card” and inserting the phrase "registration identification card valid for periods
52		-	established by the ABC Board by rulemaking, which are between 3 days and no longer than one
53		-	year in length” in its place.
54		-	(2) Paragraph (20C)(B) is amended by striking the phrase “or has a non-
55		-	parent legal guardian who is or has been incarcerated” and inserting the phrase “or has a non-
56		-	parent legal guardian, or a grandparent or a sibling who is or has been arrested, convicted, or
57		-	incarcerated”.
58		-	(b) Section 6(b) (D.C. Official Code § 7-1671.05(b)) is amended as follows:
59		-	(1) Paragraph (4) is amended as follows:
60		-	(A) Subparagraph (A) is amended by striking the phrase “30 days”
61		-	and inserting the phrase "periods established by the ABC Board by rulemaking, which are
62		-	between 3 days and no longer than one year in length”.
63		-	(B) Subparagraph (B) is amended by striking the phrase "30-day”.
64		-	(2) Paragraph (5)(C) is amended by striking the phrase "3 years.” and
65		-	inserting the phrase “3 years, except for temporary non-resident registration identification cards
66		-	that are valid for periods established by the ABC Board by rulemaking, which shall be between 3
67		-	days and no longer than one year in length.” in its place.
68		-	(3) A new paragraph (11A) is added to read as follows:
69		-	“(11A) Allow testing laboratories to:
70		-	“(A) Receive and test samples of medical cannabis products from
71		-	qualifying patients; provided, that the qualifying patient must present proof that he or she is
72		-	currently registered, and that the medical cannabis product was purchased from a retailer or
73		-	internet retailer licensed with ABCA.
74		-	“(B) Receive and test samples of medical cannabis products from licensed
75		-	cultivation centers or manufacturers for purposes of quality assurance or research and
76		-	development. Samples collected for quality assurance or research and development testing may
77		-	be selected by the cultivation center or manufacturer non-randomly. Any tests conducted for
78		-	purposes of quality assurance or research and development shall not satisfy the requirements of
79		-	paragraphs (8) through (11) of this subsection.”.
80		-	(c) Section 7 (D.C. Official Code § 7-1671.06) is amended as follows:
81		-	(1) Subsection (h) is amended by striking the phrase "cultivation centers who
82		-	receive a manufacturer’s license pursuant to subsection (d) of this section.” and inserting the
83		-	phrase "cultivation centers and retailers, and applicants who scored 150 points or more during
84		-	the ABC Board open application period that occurred between November 29, 2021 and March
85		-	28, 2022, who receive a cultivation center, manufacturer, or retailer’s license pursuant to
86		-	subsections (d), (w), (x) and (y) of this section.”.
87		-	(2) Subsection (k)(1) is amended to read as follows:
88		-	“(k)(1) The ABC Board shall be authorized to issue a one-year conditional license for a
89		-	cultivation center, retailer, internet retailer, manufacturer, courier, or testing laboratory that does
90		-	not currently have a proposed location.”. ENROLLED ORIGINAL
	45	+	Sec. 2. The Legalization of Marijuana for Medical Treatment Initiative of 1999, effective 34
	46	+	February 25, 2010 (D.C. Law 13-315; D.C. Official Code § 7-1671.01 et seq.), is amended as 35
	47	+	follows: 36
	48	+	(a) Section 2 (D.C. Official Code § 7-1671.01) is amended as follows: 37
	49	+	(1) Paragraph (13B)(B) is amended by striking the phrase “30-day registration 38
	50	+	identification card” and inserting the phrase "registration identification card valid for periods 39
	51	+	established by the ABC Board by rulemaking, which are between 3 days and no longer than one 40
	52	+	year in length” in its place. 41
	53	+	(2) Paragraph (20C)(B) is amended by striking the phrase “or has a non-parent legal 42
	54	+	guardian who is or has been incarcerated” and inserting the phrase “or has a non-parent legal 43
	55	+	guardian, or a grandparent or a sibling who is or has been arrested, convicted, or incarcerated”. 44
	56	+	(b) Section 6(b) (D.C. Official Code § 7-1671.05(b)) is amended as follows: 45
	57	+	(1) Paragraph (4) is amended as follows: 46
	58	+	(A) Subparagraph (A) is amended by striking the phrase “30 days” and 47
	59	+	inserting the phrase "periods established by the ABC Board by rulemaking, which are between 3 48
	60	+	days and no longer than one year in length”. 49
	61	+	(B) Subparagraph (B) is amended by striking the phrase "30-day”. 50
	62	+	(2) Paragraph (5)(C) is amended by striking the phrase "3 years.” and inserting the 51
	63	+	phrase “3 years, except for temporary non-resident registration identification cards that are valid 52 ENGROSSED ORIGINAL
91	64
92	65
93	66
94	67		3
95	68
96		-	(3) Subsection (n)(2) is amended to read as follows:
97		-	“(2)(A) The ABC Board shall, by rules issued pursuant to section 14, establish the
98		-	initial application and renewal fees for cultivation center, manufacturer, retailer, internet retailer,
99		-	and courier licenses. The ABC Board may revise these fees as considered necessary.
100		-	“(B) There shall be no initial application fee for a testing laboratory
101		-	license. Renewal fees for a testing laboratory license shall be established by rules issued pursuant
102		-	to sub-paragraph (A) of this paragraph.”.
103		-	(3) A new subsection (y) is added to read as follows:
104		-	“(y) The 5 cultivation center registration applicants that submitted medical
105		-	cannabis facility registration applications to the ABC Board between November 29, 2021 and
106		-	March 28, 2022, that scored 150 points or more shall automatically receive a manufacturer
107		-	license provided that the annual fee is paid after the effective date of the Medical Cannabis
108		-	Manufacturer Clarification Emergency Amendment Act of 2023, effective June 29, 2023 (D.C.
109		-	Act 25-152; 70 DCR ___); provided, that the applicant registers on a form provided by ABCA
110		-	with the ABC Board by May 1, 2024.”.
111		-
112		-	Sec. 3. Repealer.
113		-	The Medical Cannabis Manufacturer Clarification Temporary Amendment Act of 2023,
114		-	effective August 23, 2023 (D.C. Law 25-43; 70 DCR 9685), is repealed.
115		-
116		-	Sec. 4. Fiscal impact statement.
117		-	The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact
118		-	statement required by section 4a of the General Legislative Procedures Act of 1975, approved
119		-	October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).
120		-
121		-	Sec. 5. Effective date.
122		-	(a) This act shall take effect following approval by the Mayor (or in the event of veto by
123		-	the Mayor, action by the Council to override the veto), a 30-day period of congressional review as
124		-	provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December
125		-
126		-
127		-
128		-
129		-
130		-
131		-
132		-
133		-
134		-
135		-	ENROLLED ORIGINAL
	69	+	for periods established by the ABC Board by rulemaking, which shall be between 3 days and no 53
	70	+	longer than one year in length.” in its place. 54
	71	+	(3) A new paragraph (11A) is added to read as follows: 55
	72	+	“(11A) Allow testing laboratories to: 56
	73	+	“(A) Receive and test samples of medical cannabis products from 57
	74	+	qualifying patients; provided, that the qualifying patient must present proof that he or she is 58
	75	+	currently registered, and that the medical cannabis product was purchased from a retailer or 59
	76	+	internet retailer licensed with ABCA. 60
	77	+	“(B) Receive and test samples of medical cannabis products from licensed 61
	78	+	cultivation centers or manufacturers for purposes of quality assurance or research and 62
	79	+	development. Samples collected for quality assurance or research and development testing may 63
	80	+	be selected by the cultivation center or manufacturer non-randomly. Any tests conducted for 64
	81	+	purposes of quality assurance or research and development shall not satisfy the requirements of 65
	82	+	paragraphs (8) through (11) of this subsection.”. 66
	83	+	(c) Section 7 (D.C. Official Code § 7-1671.06) is amended as follows: 67
	84	+	(1) Subsection (h) is amended by striking the phrase "cultivation centers who 68
	85	+	receive a manufacturer’s license pursuant to subsection (d) of this section.” and inserting the 69
	86	+	phrase "cultivation centers and retailers, and applicants who scored 150 points or more during 70
	87	+	the ABC Board open application period that occurred between November 29, 2021 and March 71 ENGROSSED ORIGINAL
136	88
137	89
138	90
139	91		4
140	92
141		-	24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of
142		-	Columbia Register.
143		-	(b) This act shall expire after 225 days of its having taken effect.
	93	+	28, 2022, who receive a cultivation center, manufacturer, or retailer’s license pursuant to 72
	94	+	subsections (d), (w), (x) and (y) of this section.”. 73
	95	+	(2) Subsection (k)(1) is amended to read as follows: 74
	96	+	“(k)(1) The ABC Board shall be authorized to issue a one-year conditional license for a 75
	97	+	cultivation center, retailer, internet retailer, manufacturer, courier, or testing laboratory that does 76
	98	+	not currently have a proposed location.”. 77
	99	+	(3) Subsection (n)(2) is amended to read as follows: 78
	100	+	“(2)(A) The ABC Board shall, by rules issued pursuant to section 14, establish the 79
	101	+	initial application and renewal fees for cultivation center, manufacturer, retailer, internet retailer, 80
	102	+	and courier licenses. The ABC Board may revise these fees as considered necessary. 81
	103	+	“(B) There shall be no initial application fee for a testing laboratory 82
	104	+	license. Renewal fees for a testing laboratory license shall be established by rules issued pursuant 83
	105	+	to sub-paragraph (A) of this paragraph.”. 84
	106	+	(3) A new subsection (y) is added to read as follows: 85
	107	+	“(y) The 5 cultivation center registration applicants that submitted medical 86
	108	+	cannabis facility registration applications to the ABC Board between November 29, 2021 and 87
	109	+	March 28, 2022, that scored 150 points or more shall automatically receive a manufacturer 88
	110	+	license provided that the annual fee is paid after the effective date of the Medical Cannabis 89
	111	+	Manufacturer Clarification Emergency Amendment Act of 2023, effective June 29, 2023 (D.C. 90 ENGROSSED ORIGINAL
144	112
145	113
146	114
	115	+	5
147	116
148		-	______________________________
149		-	Chairman
150		-	Council of the District of Columbia
151		-
152		-
153		-
154		-
155		-
156		-	_________________________________
157		-	Mayor
158		-	District of Columbia
159		-
	117	+	Act 25-152; 70 DCR ___); provided, that the applicant registers on a form provided by ABCA 91
	118	+	with the ABC Board by May 1, 2024.”. 92
	119	+	Sec. 3. Repealer. 93
	120	+	The Medical Cannabis Manufacturer Clarification Temporary Amendment Act of 2023, 94
	121	+	passed on 2nd reading on June 20, 2023 (Enrolled version of Bill 25-304), is repealed. 95
	122	+	Sec. 4. Fiscal impact statement. 96
	123	+	The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact 97
	124	+	statement required by section 4a of the General Legislative Procedures Act of 1975, approved 98
	125	+	October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 99
	126	+	Sec. 5. Effective date. 100
	127	+	(a) This act shall take effect following approval by the Mayor (or in the event of veto by 101
	128	+	the Mayor, action by the Council to override the veto), a 30-day period of Congressional review 102
	129	+	as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 103
	130	+	24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of 104
	131	+	Columbia Register. 105
	132	+	(b) This act shall expire after 225 days of its having taken effect. 106