District Of Columbia 2023-2024 Regular Session

District Of Columbia Council Bill B25-0581 Compare Versions

Version 1 (Old)

Version 2 (New)

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	1	+	ENGROSSED ORIGINAL
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8		-	AN ACT
9		-
10		-	______________
11		-
12		-	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
13		-
14		-	__________________
15		-
16		-	To amend the Attorney General for the District of Columbia Clarification and Elected Term
17		-	Amendment Act of 2010 to clarify that the first $100,000 in fines issued to unlicensed establishments is to be deposited in the Litigation Support Fund; to amend the Delinquent Debt Recovery Act of 2012 to clarify the definition of delinquent debt; to amend the
18		-	Legalization of Marijuana for Medical Treatment Initiative of 1999 to make clarifications and improvements to the District’s medical cannabis program, and to align and clarify
19		-	standing to protest and enforcement procedures for unlicensed establishments.
20		-
21		-	BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
22		-	act may be cited as the “Medical Cannabis Clarification and Program Enforcement Amendment
23		-	Act of 2024”.
24		-	Sec. 2. Section 106b(b)(6) of the Attorney General for the District of Columbia Clarification and Elected Term Amendment Act of 2010, effective October 22, 2015 (D.C. Law 21-36; D.C. Official Code § 1-301.86b(b)(6)), is amended by striking the phrase “pursuant to D.C. Official Code § 47-2844(a-2)(1B)” and inserting the phrase “pursuant to section 9 of the Legalization of Marijuana for Medical Treatment Initiative of 1999, effective July 27, 2010
25		-	(D.C. Law 18-210; D.C. Official Code § 7-1671.08)” in its pla ce.
26		-	Sec. 3. Section 1042(2) of the Delinquent Debt Recovery Act of 2012, effective September 20, 2012 (D.C. Law 19-168; D.C. Official Code § 1-350.01(2)), is amended to read as follows:
27		-	“(2) “Delinquent debt” means:
28		-	“(A) Any financial obligation owed by a person to a District agency that
29		-	remains unpaid more than 90 days after it was due; provided, that the term shall not include tax debts or child-support debts; or
30		-	“(B) A fine issued by the Alcoholic Beverage and Cannabis
31		-	Administration pursuant to section 9 of the Legalization of Marijuana for Medical Treatment Initiative of 1999, effective July 27, 2010 (D.C. Law 18-210; D.C. Official Code § 7-1671.08), or section 8 of the Medical Cannabis Amendment Act of 2022, effective March 22, 2023 (D.C. ENROLLED ORIGINAL
	8	+	A BILL 1
	9	+	2
	10	+	25-581 3
	11	+	4
	12	+	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 5
	13	+	6
	14	+	__________________ 7
	15	+	8
	16	+	9
	17	+	To amend the Attorney General for the District of Columbia Clarification and Elected Term 10
	18	+	Amendment Act of 2010 to clarify that the first $100,000 in fines issued to unlicensed 11
	19	+	establishments is to be deposited in the Litigation Support Fund; to amend the Delinquent 12
	20	+	Debt Recovery Act of 2012 to clarify the definition of delinquent debt; to amend the 13
	21	+	Legalization of Marijuana for Medical Treatment Initiative of 1999 to make clarifications 14
	22	+	and improvements to the District’s medical cannabis program, and to align and clarify 15
	23	+	standing to protest and enforcement procedures for unlicensed establishments. 16
	24	+	17
	25	+	BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 18
	26	+	act may be cited as the “Medical Cannabis Clarification and Program Enforcement Amendment 19
	27	+	Act of 2024”. 20
	28	+	Sec. 2. Section 106b(b)(6) of the Attorney General for the District of Columbia 21
	29	+	Clarification and Elected Term Amendment Act of 2010, effective October 22, 2015 (D.C. Law 22
	30	+	21-36; D.C. Official Code § 1-301.86b(b)(6)), is amended by striking the phrase “pursuant to 23
	31	+	D.C. Official Code § 47-2844(a-2)(1B)” and inserting the phrase “pursuant to section 9 of the 24
	32	+	Legalization of Marijuana for Medical Treatment Initiative of 1999, effective July 27, 2010 25
	33	+	(D.C. Law 18-210; D.C. Official Code 7-1671.08)” in its place. 26 ENGROSSED ORIGINAL
32	34
33	35
34	36
35	37
36	38		2
37	39
38		-	Law 24-332; D.C. Official Code § 7- 1675.01), that remains unpaid more than 30 days after it
39		-	was due.”.
40		-
41		-	Sec. 4. T he Legalization of Marijuana for Medical Treatment Initiative of 1999, effective
42		-	July 27, 2010 (D.C. Law 18-210; D.C. Official Code § 7- 1671.01 et seq. ), is amended as follows:
43		-	(a) Section 2 (D.C. Official Code § 7- 1671.01) is amended as follows:
44		-	(1) Paragraph (1E) is redesignated as paragraph (1 G).
45		-	(2) New paragraphs (1E) and (1F) are added to read as follows:
46		-	“(1E) “Affected ANC” means any Advisory Neighborhood Commission within
47		-	600 feet of where a medical cannabis cultivator, manufacturer, retailer, or internet retailer facility
48		-	is or will be located.
49		-	“(1F) “Another jurisdiction” means any state, commonwealth, or territory of the
50		-	United States.”.
51		-	(3) Paragraph (5A) is redesignated as paragraph (5B).
52		-	(4) A new paragraph (5A) is added to read as follows:
53		-	“(5A) “Daycare center” means a child development center, as that term is defined
54		-	in section 2(2) of the Day Care Policy Act of 1979, effective September 19, 1979 (D.C. Law 3-
55		-	16; D.C. Official Code § 4- 401(2)), that is licensed by the Office of the State Superintendent of
56		-	Education.”.
57		-	(5) Paragraph (13B) is amended as follows:
58		-	(A) The lead-in language is amended by striking the phrase “resident
59		-	who” and inserting the phrase “resident who is a person who resides or is domiciled in another
60		-	state, territory, foreign country, or foreign territory and who” in its place.
61		-	(B) Subparagraph (B) is amended by striking the phrase “30-day
62		-	registration identification card” and inserting the phrase “ registration identification card valid for
63		-	periods established by the ABC Bo ard by rulemaking, which are between 3 days and no longer
64		-	than one year in length” in its place.
65		-	(6) Paragraph (19) is amended as follows:
66		-	(A) Strike the phrase “dental treatment, or” and insert the phrase “dental
67		-	treatment, a patient who is a non- resident cardholder, or” in its place.
68		-	(B) Strike the phrase “provided, that a patient” and insert the phrase
69		-	“provided, that a patient who is a non- resident cardholder or a patient” in its place.
70		-	(7) A new paragraph (19B) is added to read as follows:
71		-	“(19B) “Recreation center” means a Department of Parks and Recreation public
72		-	facility.”.
73		-	(8) Paragraph (20C)(B) is amended by striking the phrase “or has a non- parent
74		-	legal guardian who is or has been incarcerated” and inserti ng the phrase “or has a non- parent
75		-	legal guardian, a grandparent, or a sibling who is or has been arrested, convicted, or
76		-	incarcerated” in its place . ENROLLED ORIGINAL
	40	+	Sec. 3. Section 1042(2) of the Delinquent Debt Recovery Act of 2012, effective 27
	41	+	September 20, 2012 (D.C. Law 19-168; D.C. Official Code § 1-350.01(2)), is amended to read as 28
	42	+	follows: 29
	43	+	“(2) “Delinquent debt” means: 30
	44	+	“(A) Any financial obligation owed by a person to a District agency that 31
	45	+	remains unpaid more than 90 days after it was due; provided, that the term shall not include tax 32
	46	+	debts or child-support debts; or 33
	47	+	“(B) A fine issued by the Alcoholic Beverage and Cannabis 34
	48	+	Administration pursuant to section 9 of the Legalization of Marijuana for Medical Treatment 35
	49	+	Initiative of 1999, effective July 27, 2010 (D.C. Law 18-210; D.C. Official Code § 7-1671.08), 36
	50	+	or section 8 of the Medical Cannabis Amendment Act of 2022, effective March 22, 2023 (D.C. 37
	51	+	Law 24-332; D.C. Official Code § 7-1675.01), that remains unpaid more than 30 days after it 38
	52	+	was due.”. 39
	53	+	Sec. 4. The Legalization of Marijuana for Medical Treatment Initiative of 1999, effective 40
	54	+	July 27, 2010 (D.C. Law 18-210; D.C. Official Code § 7-1671.01 et seq.), is amended as follows: 41
	55	+	(a) Section 2 (D.C. Official Code § 7-1671.01) is amended as follows: 42
	56	+	(1) Paragraph (1E) is redesignated as paragraph (1G). 43
	57	+	(2) New paragraphs (1E) and (1F) are added to read as follows: 44 ENGROSSED ORIGINAL
77	58
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81	62		3
82	63
83		-	(b) Section 6(b) (D.C. Official Code § 7- 1671.05(b) ) is amended as follows:
84		-	(1) Paragraph (4) is amended as follows:
85		-	(A) Subparagraph (A) is amended by striking the phrase “30 days” and
86		-	inserting the phrase “periods established by the ABC Board by rulemaking, which are between 3
87		-	days and no longer than one year in length” in its place.
88		-	(B) Subparagraph (B) is amended by striking the phrase “ 30-day
89		-	temporary non- resident” and inserting the phrase “temporary non- resident” in its place.
90		-	(2) Paragraph (5)(C) is amended by striking the phrase “ 3 years” and inserting the
91		-	phrase “3 years , except for temporary non -resident registration identification cards that are valid
92		-	for periods established by the ABC Board by rulemaking, which shall be between 3 days and no
93		-	longer than one year in length” in its place.
94		-	(3) A new paragraph (11A) is added to read as follows:
95		-	“(11A) Allow testing laboratories to:
96		-	“(A) Receive and test samples of medical cannabis products from
97		-	qualifying patients; provided, that the qualifying patient must present proof that he or she is
98		-	currently registered, and that the medical cannabis product was purchased from a retailer or
99		-	internet retailer licensed with ABCA ; and
100		-	“(B) Receive and test samples of medical cannabis products from licensed
101		-	cultivation centers or manufacturers for purposes of quality assurance or research and
102		-	development; provided, that samples collected for quality assurance or research and development
103		-	testing may be selected by the cultivation center or manufacturer non-randomly; provided
104		-	further, that any tests conducted for purposes of quality assurance or research and development
105		-	shall not satisfy the requirements of paragraphs (8) through (11) of this subsection;”.
106		-	(4) A new paragraph (14A) is added to read as follows:
107		-	“(14A) Conduct announced and unannounced inspections of unlicensed
108		-	establishments;”.
109		-	(5) Paragraph ( 15) is amended by striking the phrase “Establish sliding-scale
110		-	registration and annual renewal fees for all persons and entities required to register or obtain a
111		-	license pursuant to this act; provided” and inserting the phrase “Establish registration, sliding-
112		-	scale registration, and annual renewal fees for all persons and entities required to register or
113		-	obtain a license pursuant to this act and permi t the ABC Board, by rule, to make qualifying
114		-	patient and caregiver registrations available at no cost ; provided” in its place.
115		-	(6) Paragraph (18) is repealed.
116		-	(c) Section 7 (D.C. Official Code § 7- 1671.06) is amended as follows:
117		-	(1) A new subsection (b- 1) is added to read as follows:
118		-	“(b-1) An applicant that filed a medical cannabis retailer or internet retailer
119		-	license application with ABCA on July 1, 2024, shall be eligible to have its application
120		-	considered by the ABC Board.”.
121		-	(2) Subsection (c) is amended to read as follows: ENROLLED ORIGINAL
	64	+	“(1E) “Affected ANC” means any Advisory Neighborhood Commission within 45
	65	+	600 feet of where a medical cannabis cultivator, manufacturer, retailer, or internet retailer facility 46
	66	+	is or will be located. 47
	67	+	“(1F) “Another jurisdiction” means any state, commonwealth, or territory of the 48
	68	+	United States.”. 49
	69	+	(3) Paragraph (13B) is amended as follows: 50
	70	+	(A) The lead-in language is amended by striking the phrase “resident 51
	71	+	who” and inserting the phrase “resident who is a person who resides or is domiciled in another 52
	72	+	state, territory, foreign country, or foreign territory and who” in its place. 53
	73	+	(B) Subparagraph (B) is amended by striking the phrase “30-day 54
	74	+	registration identification card” and inserting the phrase “registration identification card valid for 55
	75	+	periods established by the ABC Board by rulemaking, which are between 3 days and no longer 56
	76	+	than one year in length” in its place. 57
	77	+	(4) Paragraph (19) is amended as follows: 58
	78	+	(A) Strike the phrase “dental treatment, or” and insert the phrase “dental 59
	79	+	treatment, a patient who is a non-resident cardholder, or” in its place. 60
	80	+	(B) Strike the phrase “provided, that a patient” and insert the phrase 61
	81	+	“provided, that a patient who is a non-resident cardholder or a patient” in its place. 62
	82	+	(5) Paragraph (19A) is redesignated as paragraph (19B). 63
	83	+	(6) A new paragraph (19A) is added to read as follows: 64 ENGROSSED ORIGINAL
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127	89
128		-	“(c)(1) Medical cannabis products shall be packaged in child-resistant packaging in
129		-	accordance with 16 C.F.R. Part 1700 and shall not contain any statement, depiction, or
130		-	illustration that:
131		-	“(A) Promotes over consumption;
132		-	“(B) Depicts a person under the age of 21 consuming cannabis; or
133		-	“(C) Is especially appealing to persons under 21 years of age as defined in
134		-	paragraph (2) of this subsection.
135		-	“(2) For purposes of this subsection, the term “especially appealing to persons
136		-	under 21 years of age” means a product or label including one that contains:
137		-	“(A) Images of cartoon characters, toys, or animals;
138		-	“(B) Bubble-type or other cartoon- like font;
139		-	“(C) A design, brand, or name that resembles a non- cannabis consumer
140		-	product;
141		-	“(D) Symbols or celebrities that are commonly used to market products to
142		-	persons under the age of 21; or
143		-	“(E) The word candy or candies.”.
144		-	(3) A new subsection (c-1) is added to read as follows:
145		-	“(c-1) It shall be a violation of this act for any unlicensed or licensed cultivation
146		-	center, manufacturer, retailer, or internet retailer to represent that goods or services or the
147		-	business is compliant with the Legalization of Possession of Minimal Amounts of Marijuana for
148		-	Personal Use Initiative of 2014, effective February 26, 2015 (D.C. Law 20- 153; 62 DCR 880);
149		-	except, that a licensed cultivation center, manufacturer, retailer, or internet retailer may have
150		-	signage indicating that there is medical cannabis on the property.”.
151		-	(4) Subsection (d) is amended as follows:
152		-	(A) Paragraph (2) is amended by striking the phrase “retailer or online
153		-	retailer license” and inserting the phrase “retailer license” in its place.
154		-	(B) A new paragraph (5) is added to read as follows:
155		-	“(5) Applications for additional licenses pursuant to paragraphs (1) through (3) of
156		-	this subsection shall be filed with ABCA by the existing cultivation center or dispensary by May
157		-	1, 2025.”.
158		-	(5) Subsection (e)(1) is amended as follows:
159		-	(A) Subparagraph (F) is amended by striking the phrase “retailer or
160		-	internet retailer license” and inserting the phrase “retailer license” in its place.
161		-	(B) A new subparagraph (G) is added to read as follows:
162		-	“(G) No licensee holding a cultivation center license shall hold an internet
163		-	retailer license.”
164		-	(6) Subsection (h) is amended by striking the phrase "cultivation centers who
165		-	receive a manufacturer’s license pursuant to subsection (d) of this section” and inserting the
166		-	phrase “ cultivation centers and retailers, and applicants who scored 150 points or more during ENROLLED ORIGINAL
	90	+	“(19A) “Recreation center” means a Department of Parks and Recreation public 65
	91	+	facility. 66
	92	+	(7) Paragraph (20C)(B) is amended by striking the phrase “or has a non-parent 67
	93	+	legal guardian who is or has been incarcerated” and inserting the phrase “or has a non-parent 68
	94	+	legal guardian, a grandparent, or a sibling who is or has been arrested, convicted, or 69
	95	+	incarcerated” in its place. 70
	96	+	(b) Section 6(b) (D.C. Official Code § 7-1671.05(b)) is amended as follows: 71
	97	+	(1) Paragraph (4) is amended as follows: 72
	98	+	(A) Subparagraph (A) is amended by striking the phrase “30 days” and 73
	99	+	inserting the phrase “periods established by the ABC Board by rulemaking, which are between 3 74
	100	+	days and no longer than one year in length” in its place. 75
	101	+	(B) Subparagraph (B) is amended by striking the phrase “30-day 76
	102	+	temporary non-resident ” and inserting the phrase “temporary non-resident” in its place. 77
	103	+	(2) Paragraph (5)(C) is amended by striking the phrase “3 years.” and inserting 78
	104	+	the phrase “3 years, except for temporary non-resident registration identification cards that are 79
	105	+	valid for periods established by the ABC Board by rulemaking, which shall be between 3 days 80
	106	+	and no longer than one year in length.” in its place. 81
	107	+	(3) A new paragraph (11A) is added to read as follows: 82
	108	+	“(11A) Allow testing laboratories to: 83 ENGROSSED ORIGINAL
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172	114
173		-	the ABC Board open application period that occurred between November 29, 2021, and March
174		-	28, 2022, who receive a cultivation center, manufacturer, or retailer’s license pursuant to
175		-	subsections (d), (w), (x) and (y) of this section” in its place.
176		-	(7) Subsection (k) is amended as follows:
177		-	(A) Paragraph (1) is amended to read as follows:
178		-	“(1) The ABC Board shall be authorized to issue a 2- year conditional license for a
179		-	cultivation center, retailer, internet retailer, manufacturer, courier, or testing laboratory that does
180		-	not currently have a proposed location.”.
181		-	(B) The lead-in language of paragraph (2) is amended to read as follows:
182		-	“(2) Under the conditional license, the applicant shall have 2 years from the date
183		-	of ABC Board approval to submit to ABCA:”.
184		-	(C) Paragraph (4) is amended to read as follows:
185		-	“(4) A conditional license that does not meet the terms of this subsection or is not
186		-	operating after a period of 2 years shall be canceled by the ABC Board .”.
187		-	(8) A new subsection (k- 1) is added to read as follows:
188		-	“(k-1) A one-year conditional license that is in effect as of the effective date of
189		-	the Medical Cannabis Clarification and Program Enforcement Amendment Act of 2024, passed
190		-	on 2nd reading on October 1 , 2024 ( Enrolled version of Bill 25 -581), shall automatically convert
191		-	to a 2- year conditional license, expiring one year after the date the original conditional license
192		-	was set to expire, at no additional cost and without additional ABC Board approval.”.
193		-	(9) Subsection (n)(2) is amended to read as follows:
194		-	“(2)(A) The ABC Board shall, by rules issued pursuant to sectio n 14, establish the
195		-	initial application and renewal fees for cultivation center, manufacturer, retailer, internet retailer,
196		-	and courier licenses. The ABC Board may revise these fees as considered necessary.
197		-	“(B) There shall be no initial application fee for a testing laboratory
198		-	license. Renewal fees for a testing laboratory license shall be established by rules issued pursuant
199		-	to subparagraph (A) of this paragraph.”.
200		-	(10) Subsection (q) is amended to read as follows:
201		-	“(q)(1) A retailer or internet retailer shall not locate within any residential district
202		-	or within 400 feet of a preschool, primary or secondary school, or recreation center; except, that
203		-	a license holder or an applicant who has applied prior to the effective date of the Medical
204		-	Cannabis Clarification and Program Enforcement Amendment Act of 2024, passed on 2nd
205		-	reading on October 1, 2024 ( Enrolled version of Bill 25 -581), may be permitted to locate within
206		-	300 feet of a preschool, primary or secondary school, or recreation center.
207		-	“(2) A retailer or internet retailer that received a license in compliance
208		-	with paragraph (1) of this subsection shall not have to relocate to renew its license at its existing
209		-	location if a preschool, primary or secondary school, or recreation center subsequently locates
210		-	within 400 feet of its facility.”.
211		-	(11) New subsections (q-1) and (q- 2) are added to read as follows: ENROLLED ORIGINAL
	115	+	“(A) Receive and test samples of medical cannabis products from 84
	116	+	qualifying patients; provided, that the qualifying patient must present proof that he or she is 85
	117	+	currently registered, and that the medical cannabis product was purchased from a retailer or 86
	118	+	internet retailer licensed with ABCA; and 87
	119	+	“(B) Receive and test samples of medical cannabis products from licensed 88
	120	+	cultivation centers or manufacturers for purposes of quality assurance or research and 89
	121	+	development; provided, that samples collected for quality assurance or research and development 90
	122	+	testing may be selected by the cultivation center or manufacturer non-randomly; provided 91
	123	+	further, that any tests conducted for purposes of quality assurance or research and development 92
	124	+	shall not satisfy the requirements of paragraphs (8) through (11) of this subsection;”. 93
	125	+	(4) A new paragraph (14A) is added to read as follows: 94
	126	+	“(14A) Conduct announced and unannounced inspections of unlicensed 95
	127	+	establishments;”. 96
	128	+	(5) Paragraph (15) is amended by striking the phrase “Establish sliding-scale 97
	129	+	registration and annual renewal fees for all persons and entities required to register or obtain a 98
	130	+	license pursuant to this act; provided” and inserting the phrase “Establish registration, sliding-99
	131	+	scale registration, and annual renewal fees for all persons and entities required to register or 100
	132	+	obtain a license pursuant to this act and permit the ABC Board, by rule, to make qualifying 101
	133	+	patient and caregiver registrations available at no cost; provided” in its place. 102 ENGROSSED ORIGINAL
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218		-	“(q-1)(1) No retailer license shall be issued for a facility that is located within 400 feet
219		-	from another facility operating under a retailer license.
220		-	“(2) In determining whether a retailer application is eligible to be approved, the
221		-	ABC Board shall ensure that the retailer application will not be located within 400 feet of a
222		-	previously submitted retailer application filed timely by another applicant.
223		-	“(3) ABCA shall proceed forward with the application filed by the facility that is
224		-	first in time. If the application is subsequently denied, ABCA shall proceed with the application
225		-	that is second in time, third in time, et cetera, until an application is approved.
226		-	“(q-2) In determining the appropriateness of the initial issuance of a license or a transfer
227		-	of a license to a new location for a medical cannabis retailer, the Board shall also consider:
228		-	“(1) The proximity of the medical cannabis retailer to a daycare center;
229		-	“(2) The effect of the medical cannabis retailer on the operation and clientele of a
230		-	daycare center; and
231		-	“(3) Whether school -aged children frequenting the daycare center or centers in
232		-	proximity to the medical cannabis retailer will be unduly attracted to the retailer while present at,
233		-	or going to or from, the daycare center.”.
234		-	(12) New subsections (w), (x), (y) and (z) are added to read as follows:
235		-	“(w)(1) The 2 cultivation center registration applicants that submitted a medical cannabis
236		-	facility registration application to the ABC Board between November 29, 2021, and March 28,
237		-	2022, that tied for second, and received the same total score shall be awarded a cultivation center
238		-	registration.
239		-	“(2) A cultivation center registration applicant not referenced in paragraph (1) of
240		-	this subsection that scored 150 points or more during the same open application period shall be
241		-	considered for a cultivation center registration after May 1, 2023; provided, that the applicant
242		-	files a corrected application, including an application to change the facility location, with the
243		-	ABC Board by May 1, 2025. An applicant that scored 150 points or higher shall be allowed to
244		-	change the location of the cultivation center facility on its application by May 1, 2025, without
245		-	negatively affecting the status of the application.
246		-	“(3) An applicant that filed more than one cultivation center registration
247		-	application during the open application period with one or more of the same owners shall be
248		-	considered for only one cultivation center registration under this subsection.
249		-	“(4) An initial application fee paid by a cultivation center registration applicant
250		-	that scored 150 points or higher shall be credited by ABCA toward the entire cost of the
251		-	applicant’s cultivation center application fee.
252		-	“(x)(1) A dispensary registration applicant that submitted a medical cannabis facility
253		-	registration to the ABC Board between November 29, 2021, and March 28, 2022, and received
254		-	150 points or more shall be considered for a retailer registration no earlier than 180 days after
255		-	March 22, 2023. An applicant shall be allowed to change the location of the retailer facility on
256		-	its application by May 1, 2025, without negatively affecting the status of the application. ENROLLED ORIGINAL
	140	+	(6) Paragraph (18) is repealed. 103
	141	+	(c) Section 7 (D.C. Official Code § 7-1671.06) is amended as follows: 104
	142	+	(1) A new subsection (b-1) is added to read as follows: 105
	143	+	“(b-1) An applicant that filed a medical cannabis retailer or internet retailer 106
	144	+	license application with ABCA on July 1, 2024 shall be eligible to have its application 107
	145	+	considered by the ABC Board.”. 108
	146	+	(2) A new subsection (c-1) is added to read as follows: 109
	147	+	“(c-1) It shall be a violation of this act for any unlicensed or licensed cultivation 110
	148	+	center, manufacturer, retailer, or internet retailer to represent that goods or services or the 111
	149	+	business is compliant with the Legalization of Possession of Minimal Amounts of Marijuana for 112
	150	+	Personal Use Initiative of 2014, effective February 26, 2015 (D.C. Law 20-153; 62 DCR 880); 113
	151	+	except, that a licensed cultivation center, manufacturer, retailer, or internet retailer may have 114
	152	+	signage indicating that there is medical cannabis on the property.”. 115
	153	+	(3) Subsection (d) is amended as follows: 116
	154	+	(A) Paragraph (2) is amended by striking the phrase “retailer or online 117
	155	+	retailer license” and inserting the phrase “retailer license” in its place. 118
	156	+	(B) A new paragraph (5) is added to read as follows: 119
	157	+	“(5) Applications for additional licenses pursuant to paragraphs (1) through (3) of 120
	158	+	this subsection shall be filed with ABCA by the existing cultivation center or dispensary by May 121
	159	+	1, 2025.”. 122 ENGROSSED ORIGINAL
257	160
258	161
259	162
260	163
261	164		7
262	165
263		-	“(2) An applicant that filed more than one dispensary registration application
264		-	during the open application period with one or more of the same owners shall be considered for
265		-	only one retailer registration under this subsection.
266		-	“(3) An initial application fee paid by a dispensary registration applicant that
267		-	scored 150 points or higher shall be credited by ABCA toward the entire cost of the applicant’s
268		-	retailer application fee.
269		-	“(y) The 5 cultivation center registration applicants that submitted medical cannabis
270		-	facility registration applications to the ABC Board between November 29, 2021, and March 28,
271		-	2022, that scored 150 points or more shall automatically receive a manufacturer license;
272		-	provided, that the annual fee is paid; provided further, that the applicant registers on a form
273		-	provided by ABCA with the ABC Board by May 1, 2024.
274		-	“(z)(1) An applicant who has submitted a complete license application for a cultivation
275		-	center, manufacturer, retailer, or internet retailer to transfer its license to a new location, or for a
276		-	retailer endorsement may obtain a stipulated license to begin operations authorized by the
277		-	applied-for license under the following conditions:
278		-	“(A) The applicant has submitted a stipulated license application on a
279		-	form provided by the ABC Board;
280		-	“(B) The applicant has submitted written correspondence from an officer
281		-	of the A dvisory N eighborhood C ommission where the applicant’s premises is located stating that
282		-	the Advisory N eighborhood C ommission has voted with a quorum present to either support or
283		-	not object to the issuance of a stipulated license to the applicant pending completion of the 45-
284		-	day protest period; and
285		-	“(C) The applicant submits to ABCA the stipulated license application fee.
286		-	“(2) A cultivation center, manufacturer, retailer, or internet retailer applicant shall
287		-	stop selling, delivering or serving medical cannabis under the stipulated license if a valid protest
288		-	is filed by an affected Advisory Neighborhood Commission during the 45- day protest period or
289		-	the 30- day extended public comment period, or the application is withdrawn or denied.
290		-	“(3) An applicant operating under a stipulated license shall operate in accordance
291		-	with the laws and regulations applicable to the requested cultivation center, manufacturer,
292		-	retailer, or internet retailer license.”.
293		-	(d) Section 7a (D.C. Official Code § 7 -1671.06a) is amended as follows:
294		-	(1) A new subsection (c-1) is added to read as follows:
295		-	“(c-1)(1) An unlicensed establishment that applied for a retailer license under subsection
296		-	(a)(3) of this section may be allowed to change the location of the retailer facility on its
297		-	application within 180 days after the effective date of the Medical Cannabis Clarification and
298		-	Program Enforcement Amendment Act of 2024, passed on 2nd reading on October 1 , 2024
299		-	(Enrolled version of Bill 25 -581), without negatively affecting the status of the application;
300		-	provided, that: ENROLLED ORIGINAL
	166	+	(4) Subsection (e)(1) is amended as follows: 123
	167	+	(A) Subparagraph (F) is amended by striking the phrase “retailer or 124
	168	+	internet retailer license” and inserting the phrase “retailer license” in its place. 125
	169	+	(B) A new subparagraph (G) is added to read as follows: 126
	170	+	“(G) No licensee holding a cultivation center license shall hold an internet 127
	171	+	retailer license.” 128
	172	+	(5) Subsection (h) is amended by striking the phrase "cultivation centers who 129
	173	+	receive a manufacturer’s license pursuant to subsection (d) of this section” and inserting the 130
	174	+	phrase “cultivation centers and retailers, and applicants who scored 150 points or more during 131
	175	+	the ABC Board open application period that occurred between November 29, 2021, and March 132
	176	+	28, 2022, who receive a cultivation center, manufacturer, or retailer’s license pursuant to 133
	177	+	subsections (d), (w), (x) and (y) of this section” in its place. 134
	178	+	(6) Subsection (k) is amended as follows: 135
	179	+	(A) Paragraph (1) is amended to read as follows: 136
	180	+	“(1) The ABC Board shall be authorized to issue a two-year conditional license 137
	181	+	for a cultivation center, retailer, internet retailer, manufacturer, courier, or testing laboratory that 138
	182	+	does not currently have a proposed location.”. 139
	183	+	(B) The lead-in language of paragraph (2) is amended to read as follows: 140
	184	+	“(2) Under the conditional license, the applicant shall have 2 years from the date 141
	185	+	of ABC Board approval to submit to ABCA:”. 142 ENGROSSED ORIGINAL
301	186
302	187
303	188
304	189
305	190		8
306	191
307		-	“(A) The location of the establishment in the original application filed
308		-	with ABCA was within 300 feet of a preschool, primary or secondary school, or recreation
309		-	center; and
310		-	“(B) The main entrance to the preschool, primary or secondary school, or
311		-	recreation center or the nearest property line of the school or recreation center is actually on or
312		-	occupies ground zoned commercial or industrial according to the official atlases of the Zoning
313		-	Commission of the District of Columbia.
314		-	“(2) An unlicensed establishment that elects to change the location of its facility
315		-	pursuant to paragraph (1) shall not locate its new facility:
316		-	“(A) Within a residential district;
317		-	“(B) Within 400 feet of a preschool, primary or secondary school, or
318		-	recreation center; or
319		-	“(C) Within 400 feet of an existing retailer. ”.
320		-	(2) Subsection (e)(1) is amended to read as follows:
321		-	“(1) Cultivation Center, Retailer, and Internet Retailer licenses issued under this
322		-	section shall count toward the 50% set aside requirement for social equity applicants set forth in
323		-	section 7(h).”.
324		-	(3) Subsection (h) is amended to read as follows:
325		-	“(1) The ABC Board shall provide notice of complete and eligible cultivation
326		-	center, retailer, and internet retailer license applications received from unlicensed establishments
327		-	to the Ward Councilmember, and any affected ANC, for a 45-day public comment period. The
328		-	ABC Board ma y, at the request of both an affected ANC and the applicant, extend the ANC’s
329		-	protest petition deadline by up to an additional 30 calendar days for the sole purpose of allowing
330		-	the ANC to vote on whether to support or protest the license application. The ABC Board may ,
331		-	on a motion of any party or on its own motion, also continue a hearing to permit an affected
332		-	ANC to vote on a material issue in the hearing.
333		-	“(2) An affected ANC may protest the issuance of the license.
334		-	“(3) The ABC Board shall hold a contested case protest hearing within 120 days
335		-	of receiving a timely protest from an affected ANC pursuant to paragraph (2) of this
336		-	subsection.”.
337		-	(e) Section 7b (D.C. Official Code § 7- 1671.06b) is amended as follows:
338		-	(1) Subsection (b) is amended as follows:
339		-	(A) Paragraph (1) is amended by striking the word “immediately” and
340		-	inserting the phrase “once its license is issued by ABCA” in its place.
341		-	(B) Paragraph ( 2) is redesignated as paragraph (3).
342		-	(C) A new paragraph (2) is added to read as follows:
343		-	“(2)(A) An unlicensed establishment that is approved for a cultivation center,
344		-	retailer, or internet retailer license shall obtain issuance of its license by the later date of either ENROLLED ORIGINAL
	192	+	(C) Paragraph (4) is amended to read as follows: 143
	193	+	“(4) A conditional license that does not meet the terms of this subsection or is not 144
	194	+	operating after a period of 2 years shall be canceled by the ABC Board.”. 145
	195	+	(7) A new subsection (k-1) is added to read as follows: 146
	196	+	“(k-1) A one-year conditional license that is in effect as of the effective date of 147
	197	+	the Medical Cannabis Clarification and Program Enforcement Amendment Act of 2024, as 148
	198	+	approved by the Committee of the Whole on September 17, 2024 (Committee print of Bill 25-149
	199	+	581), shall automatically convert to a two-year conditional license, expiring one year after the 150
	200	+	date the original conditional license was set to expire, at no additional cost and without 151
	201	+	additional ABC Board approval.”. 152
	202	+	(8) Subsection (n)(2) is amended to read as follows: 153
	203	+	“(2)(A) The ABC Board shall, by rules issued pursuant to section 14, establish the 154
	204	+	initial application and renewal fees for cultivation center, manufacturer, retailer, internet retailer, 155
	205	+	and courier licenses. The ABC Board may revise these fees as considered necessary. 156
	206	+	“(B) There shall be no initial application fee for a testing laboratory 157
	207	+	license. Renewal fees for a testing laboratory license shall be established by rules issued pursuant 158
	208	+	to subparagraph (A) of this paragraph.”. 159
	209	+	(9) Subsection (q) is amended to read as follows: 160
	210	+	“(q)(1) A retailer or internet retailer shall not locate within any residential district 161
	211	+	or within 400 feet of a preschool, primary or secondary school, or recreation center; except, that 162 ENGROSSED ORIGINAL
345	212
346	213
347	214
348	215
349	216		9
350	217
351		-	September 30, 2024, or within 180 days of ABC Board approva l, or have its ABC Board
352		-	approval rescinded.
353		-	“(B)(i) An unlicensed establishment that temporarily discontinues
354		-	operations after ABC Board approval that is not involved in unlicensed activity may request that
355		-	the ABC Board extend the deadline in subpara graph (A) of this paragraph by one additional 180-
356		-	day period to allow the applicant to take deliberate steps to resume business operations at the
357		-	applicant’s proposed location.
358		-	“(ii) The ABC Board shall approve the applicant’s extension
359		-	request; provided, that the applicant can demonstrate to the ABC Board that the applicant is
360		-	making reasonable progress to resume business operations at the proposed location.
361		-	“(C) Notwithstanding subparagraph ( A) of this paragraph:
362		-	“(i) An unlicensed establishment that applies for a retailer or
363		-	internet retailer license under this section shall be required to have its license issued and be in
364		-	operation no later than March 31, 2025, or have its Board approval rescinded or its application
365		-	denied by the Board; and
366		-	“(ii) A cultivation center, retailer, or internet retailer applicant shall
367		-	cease any unlicensed activity once its license is issued by ABCA.”.
368		-	(2) A new subsection (e) is added to read as follows:
369		-	“(e) An unlicensed establishment shall not display signage or images advertising:
370		-	“(1) The prices of cannabis or cannabis product in any window of the
371		-	establishment;
372		-	“(2) Cannabis or a cannabis product on the exterior of any window or on the
373		-	exterior or interior of any door; or
374		-	“(3) Cannabis or a cannabis product on the exterior or visible from the exterior
375		-	of the unlicensed establishment or elsewhere in the District.”.
376		-	(f) Section 7c (D.C. Official Code § 7- 1671.06c) is amended as follows:
377		-	(1) Subsection (a)(1) is amended as follows:
378		-	(A) Subparagraph (B) is amended by striking the phrase “the retailer or
379		-	internet retailer” and inserting the phrase “the retailer” in its place.
380		-	(B) Subparagraph (D) is amended by striking the phrase “safe-use
381		-	treatment facility” and inserting the phrase “designated consumption area” in its place.
382		-	(2) Subsection (b)(3) is amended by striking the phrase “safe-use treatment
383		-	facility area” and inserting the phrase “designated consumption area” in its place.
384		-	(3) Subsection (c) is amended as follows:
385		-	(A) Paragraph (2) is amended to read as follows:
386		-	“(2) A smoke-free area for employees to monitor the designated consumption
387		-	area, if combustible medical cannabis products are available to qualifying patients to consume in
388		-	the designated consumption area; and”.
389		-	(B) Paragraph (3) is amended to read as follows: ENROLLED ORIGINAL
	218	+	a license holder or an applicant who has applied prior to the effective date of the Medical 163
	219	+	Cannabis Clarification and Program Enforcement Amendment Act of 2024, as approved by the 164
	220	+	Committee of the Whole on September 17, 2024 (Committee print of Bill 25-581) may be 165
	221	+	permitted to locate within 300 feet of a preschool, primary or secondary school, or recreation 166
	222	+	center. 167
	223	+	“(2) A retailer or internet retailer that received a license in compliance 168
	224	+	with paragraph (1) of this subsection shall not have to relocate to renew its license at its existing 169
	225	+	location if a preschool, primary or secondary school, or recreation center subsequently locates 170
	226	+	within 400 feet of its facility.”. 171
	227	+	(10) New subsections (q-1) and (q-2) are added to read as follows: 172
	228	+	“(q-1)(1) No retailer license shall be issued for a facility that is located within 400 feet 173
	229	+	from another facility operating under a retailer license. 174
	230	+	“(2) In determining whether a retailer application is eligible to be approved, the 175
	231	+	ABC Board shall ensure that the retailer application will not be located within 400 feet of a 176
	232	+	previously submitted retailer application filed timely by another applicant. 177
	233	+	“(3) ABCA shall proceed forward with the application filed by the facility that is 178
	234	+	first in time. If the application is subsequently denied, ABCA shall proceed with the application 179
	235	+	that is second in time, third in time, et cetera, until an application is approved. 180
	236	+	“(q-2) In determining the appropriateness of the initial issuance of a license or a transfer 181
	237	+	of a license to a new location for a medical cannabis retailer, the Board shall also consider: 182 ENGROSSED ORIGINAL
390	238
391	239
392	240
393	241
394	242		10
395	243
396		-	“(3) If combustible medical cannabis products are available to qualifying patients
397		-	to consume in the designated consumption area, a ventilation system that directs air from the
398		-	designated consumption area to the outside of the building through a pollution control unit or
399		-	odor control unit that, at a minimum, eliminates all detectable odor, smoke, and by-products of
400		-	combustion so as to prevent any and all public nuisances.”.
401		-	(4) The lead-in language of subsection (e)(2) is amended by striking the phrase
402		-	“Include with the application” and inserting the phrase “If combustible medical cannabis
403		-	products will be available to qualifying patients to consume in the designated consumption area,
404		-	include with the application” in its place.
405		-	(g) Section 7f (D.C. Official Code § 7- 1671.06f) is amended by adding a new subsection
406		-	(b-1) to read as follows:
407		-	“(b-1) No holder of a retailer and safe use treatment facility endorsement located within
408		-	400 feet of a day care center may obtain a summer garden endorsement pursuant to this section.”.
409		-	(h) New sections 7g, 7h, 7i and 7j are added to read as follows:
410		-	“Sec. 7g. Standing to file protest against a retailer license.
411		-	“(a) Except as provided in Section 6a regarding protests against unlicensed
412		-	establishments that applied for licenses prior to January 30, 2024, t he following persons may
413		-	protest the issuance of a license, the renewal of a license, or the transfer of a medical cannabis
414		-	retailer license to a new location:
415		-	“(1) A property owner or commercial tenant whose property abuts where the
416		-	establishment is or will be located;
417		-	“(2) A property owner or commercial tenant whose property is located directly
418		-	across the street from where the establishment is or will be located ; or
419		-	“(3) A daycare center located within 400 feet of where the establishment is or will
420		-	be located, or
421		-	“(4) Any affected ANC.
422		-	“(b) Any person objecting under subsection (a) of this section to the approval of an
423		-	application shall notify the ABC Board in writing of his or her intention to object and the
424		-	specific grounds for the objection within the protest period.
425		-	“Sec. 7h. Notice to ANCs and Councilmembers.
426		-	“(a) ABCA shall provide electronic notice to the Councilmember representing the ward
427		-	where the establishment is or will be located and any affected ANC at least 45 calendar days
428		-	prior to the approval of a location for a retailer.
429		-	“(b) The ABC Board may, at the request of both an affected ANC and the applicant,
430		-	extend the ANC’s protest petition deadline set forth in subsection (a) of this section by up to an
431		-	additional 30 calendar days for the sole purpose of allowing the ANC to vote on whether to
432		-	support or protest the license application. The ABC Board may , on a motion of any party or on
433		-	its own motion, also continue a hearing to permit an affected ANC to vote on a material issue in
434		-	the hearing. ENROLLED ORIGINAL
	244	+	“(1) The proximity of the medical cannabis retailer to a daycare center; 183
	245	+	“(2) The effect of the medical cannabis retailer on the operation and clientele of a 184
	246	+	daycare center; and 185
	247	+	“(3) Whether school-aged children frequenting the daycare center or centers in 186
	248	+	proximity to the medical cannabis retailer will be unduly attracted to the retailer while present at, 187
	249	+	or going to or from, the daycare center.”. 188
	250	+	(11) New subsections (w), (x), (y) and (z) are added to read as follows: 189
	251	+	“(w)(1) The 2 cultivation center registration applicants that submitted a medical cannabis 190
	252	+	facility registration application to the ABC Board between November 29, 2021, and March 28, 191
	253	+	2022, that tied for second, and received the same total score shall be awarded a cultivation center 192
	254	+	registration. 193
	255	+	“(2) A cultivation center registration applicant not referenced in paragraph (1) of 194
	256	+	this subsection that scored 150 points or more during the same open application period shall be 195
	257	+	considered for a cultivation center registration after May 1, 2023; provided, that the applicant 196
	258	+	files a corrected application, including an application to change the facility location, with the 197
	259	+	ABC Board by May 1, 2025. An applicant that scored 150 points or higher shall be allowed to 198
	260	+	change the location of the cultivation center facility on its application by May 1, 2025, without 199
	261	+	negatively affecting the status of the application. 200 ENGROSSED ORIGINAL
435	262
436	263
437	264
438	265
439	266		11
440	267
441		-	“Sec. 7i. Grounds for protest.
442		-	“(a) A protest against a medical cannabis retailer license by persons with standing under
443		-	section 7g of this chapter shall be on the basis of:
444		-	“(1) A violation of this act by the applicant;
445		-	“(2) A violation of civil law by the applicant that is directly related to the
446		-	operation of the business or establishment for which the license is sought; or
447		-	“(3) Vehicular and pedestrian safety.
448		-	“(b) The ABC Board shall determine whether a violation of civil law is directly related to
449		-	the operation of the business or establishment for which the license is sought by considering the
450		-	totality of the following factors:
451		-	“(1) Whether specific elements of the violation are directly related to the
452		-	specific duties and responsibilities of the license; and
453		-	“(2) Any evidence produced by the applicant concerning the applicant’s fitness,
454		-	including the length of time that has elapsed since the violation and mitigating circumstances .
455		-	“(c) The ABC Board may issue a license, approve the renewal of a license, or approve the
456		-	transfer of a medical cannabis retailer license to a new location without a hearing on the protest
457		-	if the ABC Board finds that the basis of the protest lacks substance.
458		-	Sec. 7j. ANC comments.
459		-	“The ABC Board shall accord great weight to input provided by an affected ANC
460		-	regarding the proposed or existing location of a retailer when approving or rejecting an
461		-	application for a license.”.
462		-	(i) Section 9 (D.C. Official Code § 7–1671.08) is amended as follows:
463		-	(1) Subsection (d) is amended by striking the phrase “licensed cultivation” and
464		-	inserting the phrase “licensed or unlicensed cultivation” in its place.
465		-	(2) New subsections (f), (g), (h), and (i) are added to read as follows:
466		-	“(f) Beginning January 31, 2024, the ABC Board may issue the following fines to an
467		-	unlicensed establishment that violates section 7(c-1) or section 7b(e), or has not filed an accepted
468		-	and pending application with the ABC Board and knowingly engages or attempts to engage in
469		-	the purchase, sale, exchange, delivery, or any other form of commercial transaction involving
470		-	cannabis that is not purchased, sold, exchanged, or delivered in accordance with the provisions
471		-	of this act or section 401 of the District of Columbia Uniform Controlled Substances Act of
472		-	1981, effective August 5, 1981 (D.C. Law 4- 29; D.C. Official Code § 48- 904.01):
473		-	“(1) For the first violation, the ABC Board may:
474		-	“(A) Issue a fine in the amount of $10,000; and
475		-	“(B) Require the unlicensed establishment to submit a remediation plan to
476		-	the ABC Board that contains the unlicensed establishment’s plan to prevent any future
477		-	recurrence of purchasing, selling, exchanging, delivering, or otherwise transacting any cannabis
478		-	or cannabis products that are not purchased, sold, exchanged, or delivered in accordance with the ENROLLED ORIGINAL
	268	+	“(3) An applicant that filed more than one cultivation center registration 201
	269	+	application during the open application period with one or more of the same owners shall be 202
	270	+	considered for only one cultivation center registration under this subsection. 203
	271	+	“(4) An initial application fee paid by a cultivation center registration applicant 204
	272	+	that scored 150 points or higher shall be credited by ABCA toward the entire cost of the 205
	273	+	applicant’s cultivation center application fee. 206
	274	+	“(x)(1) A dispensary registration applicant that submitted a medical cannabis facility 207
	275	+	registration to the ABC Board between November 29, 2021, and March 28, 2022, and received 208
	276	+	150 points or more shall be considered for a retailer registration no earlier than 180 days after 209
	277	+	March 22, 2023. An applicant shall be allowed to change the location of the retailer facility on 210
	278	+	its application by May 1, 2025, without negatively affecting the status of the application. 211
	279	+	“(2) An applicant that filed more than one dispensary registration application 212
	280	+	during the open application period with one or more of the same owners shall be considered for 213
	281	+	only one retailer registration under this subsection. 214
	282	+	“(3) An initial application fee paid by a dispensary registration applicant that 215
	283	+	scored 150 points or higher shall be credited by ABCA toward the entire cost of the applicant’s 216
	284	+	retailer application fee. 217
	285	+	“(y) The 5 cultivation center registration applicants that submitted medical cannabis 218
	286	+	facility registration applications to the ABC Board between November 29, 2021, and March 28, 219
	287	+	2022, that scored 150 points or more shall automatically receive a manufacturer license; 220 ENGROSSED ORIGINAL
479	288
480	289
481	290
482	291
483	292		12
484	293
485		-	provisions of this act or section 401 of the District of Columbia Uniform Controlled Substances
486		-	Act of 1981, effective August 5, 1981 (D.C. Law 4- 29; D.C. Official Code § 48- 904.01);
487		-	“(2) For any subsequent violations or if the unlicensed establishment fails to
488		-	submit a remediation plan in accordance with paragraph (1) of this subsection, or if the ABC
489		-	Board rejects the unlicensed establishment’s remediation plan, the ABC Board may issue
490		-	additional fines as follows:
491		-	“(A) For the second violation, a fine in the amount of $20,000;
492		-	“(B) For the third or subsequent violation, a fine in the amount of $30,000;
493		-	“(C) F or failing to submit a remediation plan or having its remediation
494		-	plan rejected by the ABC Board, a fine of in the amount of $10,000.
495		-	“(3) Revenue collected from fines imposed pursuant to this subsection shall be
496		-	deposited as follows:
497		-	“(A) The first $100,000 shall be deposited into the Litigation Support
498		-	Fund established pursuant to section 106b(b)(6) of the Attorney General for the District of
499		-	Columbia Clarification and Elected Term Amendment Act of 2010, effective May 27, 2010
500		-	(D.C. Law 18-160; D.C. Official Code § 1- 301.86b(b)(6)); and
501		-	“(B) Any revenue collected from fines after the first $100,000 shall be
502		-	deposited into the Medical Cannabis Social Equity Fund established pursuant to section 9b.
503		-	“(4) Nothing in this subsection shall preclude the ABC Board from issuing a
504		-	cease-and-desist order or the closure of an unlicensed establishment for a first or subsequent
505		-	violation of this subsection.
506		-	“(g)(1) Notwithstanding sections 7(b) and 9(f), ABCA shall have the authority to inspect
507		-	the entire premises, inventory, and business records of an unlicensed establishment to determine
508		-	whether the business is conducting activity in violation of this title . If, after an inspection, ABCA
509		-	determines that an unlicensed establishment presents an imminent danger to the health or safety
510		-	of the public, as described in paragraph (2) of this subsection, the ABC Board may summarily
511		-	close and order the padlocking, by ABCA or MPD without a prior hearing, of the unlicensed
512		-	establishment, and ABCA or MPD may seize all cannabis and cannabis products found at the
513		-	premises.
514		-	“(2) For the purpose of this subsection, the term “imminent danger to the health or
515		-	safety of the public” includes any of the following:
516		-	“(A) The unlicensed establishment distributes or attempts to distribute
517		-	cannabis or a cannabis product to one or more persons under the age of 21.
518		-	“(B) The unlicensed establishment manufactures, produces, or cultivates
519		-	cannabis or cannabis products at the building or premises.
520		-	“(C) Once a testing laboratory has been licensed under this act, the
521		-	unlicensed establishment distributes, attempts to distribute, or makes available for sale or
522		-	exchange cannabis or a cannabis product untested by a testing laboratory licensed under this act. ENROLLED ORIGINAL
	294	+	provided, that the annual fee is paid; provided further, that the applicant registers on a form 221
	295	+	provided by ABCA with the ABC Board by May 1, 2024. 222
	296	+	“(z)(1) An applicant who has submitted a complete license application for a cultivation 223
	297	+	center, manufacturer, retailer, or internet retailer to transfer its license to a new location, or for a 224
	298	+	retailer endorsement may obtain a stipulated license to begin operations authorized by the 225
	299	+	applied-for license under the following conditions: 226
	300	+	“(A) The applicant has submitted a stipulated license application on a 227
	301	+	form provided by the ABC Board; 228
	302	+	“(B) The applicant has submitted written correspondence from an officer 229
	303	+	of the Advisory Neighborhood Commission where the applicant’s premises is located stating that 230
	304	+	the Advisory Neighborhood Commission has voted with a quorum present to either support or 231
	305	+	not object to the issuance of a stipulated license to the applicant pending completion of the 45-232
	306	+	day protest period; and 233
	307	+	“(C) The applicant submits to ABCA the stipulated license application fee. 234
	308	+	“(2) A cultivation center, manufacturer, retailer, or internet retailer applicant shall 235
	309	+	stop selling, delivering or serving medical cannabis under the stipulated license if a valid protest 236
	310	+	is filed by an affected Advisory Neighborhood Commission during the 45-day protest period or 237
	311	+	the 30-day extended public comment period, or the application is withdrawn or denied. 238
	312	+	“(3) An applicant operating under a stipulated license shall operate in accordance 239 ENGROSSED ORIGINAL
523	313
524	314
525	315
526	316
527	317		13
528	318
529		-	“(D) The unlicensed establishment distributes, attempts to distribute or
530		-	makes available for sale or exchange cannabis or a cannabis product that fails to contain a label
531		-	identifying the source of the cannabis or cannabis product, including where it was manufactured,
532		-	the contents of the package, and the cannabis or cannabis product’s ingredients, and
533		-	tetrahydrocannabinol (THC) content, or is otherwise not labeled in accordance with this act.
534		-	“(E) The unlicensed establishment fails to comply with a cease-and-desist
535		-	order.
536		-	“(F) The unlicensed establishment distributes , attempts to distribute, or
537		-	makes available for sale or exchange Schedule I substances, or products that contain Schedule I
538		-	substances, as enumerated in section 204 of the District of Columbia Uniform Controlled
539		-	Substances Act of 1981, effective August 5, 1981 (D.C. Law 4- 29; D.C. Official Code § 48-
540		-	902.04).
541		-	“(G) An employee, agent, or owner of the unlicensed establishment has
542		-	unlawful firearms or weapons on the premises.
543		-	“(H) A dangerous crime, as defined in D.C. Official Code § 23- 1331(3), or
544		-	a crime of violence, as defined in D.C. Official Code § 23- 1331(4), was committed on the
545		-	premises of the unlicensed establishment.
546		-	“(I) The unlicensed establishment engages in any activity or operation
547		-	established as an imminent danger to the health or safety of the public by the ABC Board by
548		-	rule.
549		-	“(3) ABCA shall provide the unlicensed establishment’s owner and the property
550		-	owner with written notice of the summary closure and the right to request a hearing.
551		-	“(4) The owner of the unlicensed establishment shall have 5 business days after
552		-	service of the notice of summary closure to request a hearing with the ABC Board, which shall
553		-	hold a hearing within 5 business days of a timely request.
554		-	“(5) The ABC Board shall issue a written decision within 5 business days after the
555		-	hearing.
556		-	“(h)(1) ABCA or the Metropolitan Police Department may post signage at the site of the
557		-	unlicensed establishment indicating that unlicensed activity has been found to have occurred for
558		-	violations of this act .
559		-	“(2) If the ABC Board orders the closure of an unlicensed establishment, the ABC
560		-	Board shall post 2 notices in conspicuous places at or near the main street entrance on the outside
561		-	of the establishment.
562		-	“(3) The posted notice shall state that the closure is ordered because of a violation
563		-	of this act or of the regulations promulgated pursuant to this act .
564		-	“(4) Any person willfully removing, obliterating, or defacing the notice shall be
565		-	guilty of a violation of this act .
566		-	“(i)(1) An ABCA investigator may test cannabis and cannabis products to quantify their
567		-	THC content. ENROLLED ORIGINAL
	319	+	with the laws and regulations applicable to the requested cultivation center, manufacturer, 240
	320	+	retailer, or internet retailer license.”. 241
	321	+	(d) Section 7a (D.C. Official Code § 7-1671.06a) is amended as follows: 242
	322	+	(1) A new subsection (c-1) is added to read as follows: 243
	323	+	“(c-1)(1) An unlicensed establishment that applied for a retailer license under subsection 244
	324	+	(a)(3) of this section may be allowed to change the location of the retailer facility on its 245
	325	+	application within 180 days after the effective date of the Medical Cannabis Clarification and 246
	326	+	Program Enforcement Amendment Act of 2024, as approved by the Committee of the Whole on 247
	327	+	September 17, 2024 (Committee print of Bill 25-581), without negatively affecting the status of 248
	328	+	the application, provided that: 249
	329	+	“(A) The location of the establishment in the original application filed 250
	330	+	with ABCA was within 300 feet of a preschool, primary or secondary school, or recreation 251
	331	+	center; and 252
	332	+	“(B) The main entrance to the preschool, primary or secondary school, or 253
	333	+	recreation center or the nearest property line of the school or recreation center is actually on or 254
	334	+	occupies ground zoned commercial or industrial according to the official atlases of the Zoning 255
	335	+	Commission of the District of Columbia. 256
	336	+	“(2) An unlicensed establishment that elects to change the location of its facility 257
	337	+	pursuant to paragraph (1) shall not locate its new facility: 258
	338	+	“(A) Within a residential district; 259 ENGROSSED ORIGINAL
568	339
569	340
570	341
571	342
572	343		14
573	344
574		-	“(2) In any proceeding before the ABC Board, labeling or packaging in an
575		-	unlicensed establishment that states that the product contains cannabis or tetrahydrocannabinol,
576		-	whether in whole or in part, or a derivative thereof, shall create a presumption that the product
577		-	contains cannabis and contains the amounts of the chemicals indicated on the label or packaging
578		-	unless such presumption is overcome by a preponderance of evidence to the contrary.”.
579		-	(j) Section 13a (D.C. Official Code § 7–1671.12a) is amended as follows:
580		-	(1) Subsection (a) is amended as follows:
581		-	(A) Strike the phrase “Board or the Mayor” both times it appears and
582		-	insert the word “Board” in its place.
583		-	(B) Strike the phrase “to the licensee” and insert the phrase “to the
584		-	licensee or unlicensed establishment” in its place.
585		-	(2) Subsection (d) is amended by striking the phrase “Board or the Mayor” and
586		-	inserting the word “Board” in its place.
587		-	(3) Subsection (f) is amended by striking the phrase “Board or the Mayor” and
588		-	inserting the word “Board” in its place.
589		-	(k) New sections 13b, 13c, 13d, and 13e are added to read as follows:
590		-	“Sec. 13b. Examination of premises, books, and records.
591		-	“(a) An applicant for a license, and each licensee, shall allow any ABCA investigator or
592		-	agent of the ABC Board full opportunity to examine, at any time during business hours:
593		-	“(1) The premises where a cannabis product is manufactured, kept, sold, or
594		-	consumed for which an application for a license has been made or for which a license has been
595		-	issued; and
596		-	“(2) The books and records of the business for which an application for a license
597		-	has been made or for which a license has been issued.
598		-	“(b) ABCA investigators shall examine the premises and books and records of each
599		-	licensed establishment in the District at least once each year. The investigators shall make
600		-	reasonable efforts to ensure that the licensee shall know in advance the date of the inspection.
601		-	“Sec. 13c. Search warrants for illegal cannabis products; disposition of seized products.
602		-	“If a search warrant is issued by any judge of the Superior Court of the District of
603		-	Columbia or by a United States Magistrate for the District of Columbia for premises where any
604		-	cannabis products are sold, exchanged as part of a commercial transaction, delivered, or
605		-	permitted to be consumed in violation of this title, the cannabis product and any other property
606		-	designed for use in connection with the unlawful manufacture for sale, keeping for sale, selling,
607		-	or consumption may be seized and shall be subject to such disposition as the court may make
608		-	thereof.
609		-	“Sec. 13d. Notifications from Department of Licensing and Consumer Protection, Office
610		-	of Tax and Revenue, Fire and Emergency Medical Services Department, and Metropolitan Police
611		-	Department. ENROLLED ORIGINAL
	345	+	“(B) Within 400 feet of a preschool, primary or secondary school, or 260
	346	+	recreation center; or 261
	347	+	“(C) Within 400 feet of an existing retailer.”. 262
	348	+	(2) Subsection (e)(1) is amended to read as follows: 263
	349	+	“(1) Cultivation Center, Retailer, and Internet Retailer licenses issued under this 264
	350	+	section shall count toward the 50% set aside requirement for social equity applicants set forth in 265
	351	+	section 7(h).” 266
	352	+	(3) Subsection (h)(1) is amended to read as follows: 267
	353	+	“(1) The ABC Board shall provide notice of complete and eligible cultivation 268
	354	+	center, retailer, and internet retailer license applications received from unlicensed establishments 269
	355	+	to the Ward Councilmember, and any affected ANC, for a 45-day public comment period. The 270
	356	+	ABC Board may, at the request of both an affected ANC and the applicant, extend the ANC’s 271
	357	+	protest petition deadline by up to an additional 30 calendar days for the sole purpose of allowing 272
	358	+	the ANC to vote on whether to support or protest the license application. The ABC Board may, 273
	359	+	on a motion of any party or on its own motion, also continue a hearing to permit an affected 274
	360	+	ANC to vote on a material issue in the hearing. 275
	361	+	“(2) An affected ANC may protest the issuance of the license. 276
	362	+	“(3) The ABC Board shall hold a contested case protest hearing within 120 days 277
	363	+	of receiving a timely protest from an affected ANC pursuant to paragraph (2) of this 278
	364	+	subsection.”. 279 ENGROSSED ORIGINAL
612	365
613	366
614	367
615	368
616	369		15
617	370
618		-	“(a) The Department of Licensing and Consumer Protection, the Office of Tax and
619		-	Revenue, and the Fire and Emergency Medical Services Department shall notify the ABC Board
620		-	if a licensed establishment is the subject of a citation, revocation, or other enforcement action for
621		-	a violation of laws or regulations enforced by those agencies or offices within 30 days after the
622		-	citation, revocation, or other enforcement action.
623		-	“(b) If a licensed establishment is the subject of an incident report by the Metropolitan
624		-	Police Department, the Metropolitan Police Department shall file a copy of the incident report
625		-	with the ABC Board within 30 days after the incident. The ABC Board shall make the report
626		-	available for public inspection upon request.
627		-	“Sec. 13e. Nuisance.
628		-	“(a) Any unlicensed establishment where cannabis is sold, exchanged as part of a
629		-	commercial transaction, delivered, or permitted to be consumed shall be a nuisance, except any
630		-	unlicensed establishment of an applicant that filed an accepted and pending application with the
631		-	ABC Board during the 90- day open application period.
632		-	“(b) An action to enjoin any nuisance defined in subsection (a) of this section may be
633		-	brought in the name of the District of Columbia by the Attorney General for the District of
634		-	Columbia in the Civil Branch of the Superior Court of the District of Columbia against th e owner
635		-	or operator of the unlicensed establishment or any person conducting or maintaining such
636		-	nuisance or any person who knows or should have known that such nuisance is being conducted
637		-	or maintained.
638		-	“(c)(1) Upon the filing of a complaint to abate the nuisance, the Court shall hold a
639		-	hearing on a motion for a preliminary injunction within 14 days of the filing of such action.
640		-	“(2) If it appears, by affidavit or otherwise, that there is a substantial likelihood
641		-	that the District of Columbia will be able to prove at trial that the building, ground, or premises
642		-	of the unlicensed establishment is a nuisance, the court may enter an order preliminarily:
643		-	“(A) Enjoining the nuisance;
644		-	“(B) Prohibiting the use of the unlicensed establishment for the purpose of
645		-	selling cannabis, exchanging cannabis as part of a commercial transaction, delivering cannabis,
646		-	or permitting cannabis to be consumed until such time as the establishment obtains a license; and
647		-	“(C) Granting such other relief as the court may deem appropriate.
648		-	“(3) The District of Columbia need not prove irreparable harm to obtain a
649		-	preliminary injunction.
650		-	“(4) Where appropriate, the Court may order a trial of the action on the merits to
651		-	be advanced and consolidated with the hearing on the motion for preliminary injunction.
652		-	“(5) This section shall not be construed to prohibit the application for or the
653		-	granting of a temporary restraining order, or other equitable relief otherwise provided by law.
654		-	“(d)(1) Within 14 days of the issuance of any preliminary injunction, the Court shall hold
655		-	a full hearing on the merits of the nuisance action. ENROLLED ORIGINAL
	371	+	(e) Section 7b (D.C. Official Code § 7-1671.06b) is amended as follows: 280
	372	+	(1) Subsection (b) is amended as follows: 281
	373	+	(A) Paragraph (1) is amended by striking the word “immediately” and 282
	374	+	inserting the phrase “once its license is issued by ABCA” in its place. 283
	375	+	(B) Paragraph (2) is redesignated as paragraph (3). 284
	376	+	(C) A new paragraph (2) is added to read as follows: 285
	377	+	“(2)(A) An unlicensed establishment that is approved for a cultivation center, 286
	378	+	retailer, or internet retailer license shall obtain issuance of its license by the later date of either 287
	379	+	September 30, 2024, or within 180 days of ABC Board approval, or have its ABC Board 288
	380	+	approval rescinded. 289
	381	+	“(B)(i) An unlicensed establishment that temporarily discontinues 290
	382	+	operations after ABC Board approval that is not involved in unlicensed activity may request that 291
	383	+	the ABC Board extend the deadline in subparagraph (A) of this paragraph by one additional 180-292
	384	+	day period to allow the applicant to take deliberate steps to resume business operations at the 293
	385	+	applicant’s proposed location. 294
	386	+	“(ii) The ABC Board shall approve the applicant’s extension 295
	387	+	request; provided, that the applicant can demonstrate to the ABC Board that the applicant is 296
	388	+	making reasonable progress to resume business operations at the proposed location. 297
	389	+	“(C) Notwithstanding subparagraph (A) of this paragraph: 298 ENGROSSED ORIGINAL
656	390
657	391
658	392
659	393
660	394		16
661	395
662		-	“(2) If the Court does not issue a preliminary injunction, the Court shall
663		-	expeditiously schedule a full hearing. If it is determined by a preponderance of the evidence that
664		-	the unlicensed establishment is a nuisance, the Court shall issue a final order that mandates
665		-	closure and sealing of the establishment within 72 hours and continued closure until such time as
666		-	the establishment obtains a license.
667		-	“(3) The Court may order other appropriate relief, including issuing an order
668		-	enjoining the nuisance and prohibiting the use of the unlicensed establishment for the purpose of:
669		-	“(A) Selling cannabis ;
670		-	“(B) Exchanging cannabis as part of a commercial transaction;
671		-	“(C) Delivering cannabis ; or
672		-	“(D) Permitting cannabis to be consumed until such time as the
673		-	establishment obtains a license.
674		-	“(4)(A) Execution by the Metropolitan Police Department of any final order to
675		-	close and seal the establishment shall occur within 7 days of the issuance of the final order.
676		-	“(B) Notwithstanding subparagraph (A) of this paragraph, if the
677		-	Metropolitan Police Department has not executed the final order within 5 days of issuance of the
678		-	final order, the final order shall continue to be executable and valid.”.
679		-
680		-	Sec. 5. Section 8 of the Medical Cannabis Amendment Act of 2022, effective March 22,
681		-	2023 ( D.C. Law 24- 332; D.C. Official Code § 7- 1675.01), is amended as follows:
682		-	(a) Subsection (a) is amended as follows:
683		-	(1) Paragraph (1) is amended as follows:
684		-	(A) The lead-in language is amended by striking the phrase “Alcoholic
685		-	Beverage and Cannabis Administration makes final determinations for the licensure of
686		-	unlicensed establishments pursuant to §§ 7- 1671.06a and 7-1671.06b, for the first violation
687		-	of D.C. Official Code § 47-2844(a-2)(1B), the Mayor” and inserting the phrase “Alcoholic
688		-	Beverage and Cannabis Board (“ABC Board”) makes final determinations for the licensure of
689		-	unlicensed establishments pursuant to sections 7a and 7b of the Legalization of Marijuana for
690		-	Medical Treatment Initiative of 1999, effective March 22, 2023 (D.C. Law 24- 332; D.C. Official
691		-	Code §§ 7- 1671.06a and 7-1671.06b), for the first violation of section 9(f) of the Legalization of
692		-	Marijuana for Medical Treatment Initiative of 1999, effective July 27, 2010 (D.C. Law 18- 210;
693		-	D.C. Official Code § 7- 1671.08(f)), the ABC Board ” in its place.
694		-	(B) Subparagraph (C) is amended by striking the phrase “D.C. Official
695		-	Code § 47- 2844(a-2)(1B)” and inserting the phrase “section 9(f) of the Legalization of Marijuana
696		-	for Medical Treatment Initiative of 1999, effective July 27, 2010 (D.C. Law 18- 210; D.C.
697		-	Official Code § 7-1671.08(f)),” in its place.
698		-	(2) Paragraph (2) is amended by striking the phrase “provided to the Alcoholic
699		-	Beverage and Cannabis Administration,” and inserting the phrase “provided to” in its place.
700		-	(b) Subsection (b) is amended as follows: ENROLLED ORIGINAL
	396	+	“(i) An unlicensed establishment that applies for a retailer 299
	397	+	or internet retailer license under this section shall be required to have its license issued and be in 300
	398	+	operation no later than March 31, 2025 or have its Board approval rescinded or its application 301
	399	+	denied by the Board; and 302
	400	+	“(ii) A cultivation center, retailer, or internet retailer 303
	401	+	applicant shall cease any unlicensed activity once its license is issued by ABCA.”. 304
	402	+	(2) A new subsection (e) is added to read as follows: 305
	403	+	“(e) An unlicensed establishment shall not display signage or images advertising: 306
	404	+	“(1) The prices of cannabis or cannabis product in any window of the 307
	405	+	establishment; 308
	406	+	“(2) Cannabis or a cannabis product on the exterior of any window or on the 309
	407	+	exterior or interior of any door; or 310
	408	+	“(3) Cannabis or a cannabis product on the exterior or visible from the exterior 311
	409	+	of the unlicensed establishment or elsewhere in the District.”. 312
	410	+	(f) Section 7f (D.C. Official Code § 7-1671.06f) is amended by adding a new subsection 313
	411	+	(b-1) to read as follows: 314
	412	+	“(b-1) No holder of a retailer and safe use treatment facility endorsement located within 315
	413	+	400 feet of a day care center may obtain a summer garden endorsement pursuant to this section.”. 316
	414	+	(g) New sections 7g, 7h, 7i and 7j are added to read as follows: 317
	415	+	“Sec. 7g. Standing to file protest against a retailer license. 318 ENGROSSED ORIGINAL
701	416
702	417
703	418
704	419
705	420		17
706	421
707		-	(1) The lead-in language is amended by striking the phrase “D.C. Official Code §
708		-	47-2844(a-2)(1B)” and inserting the phrase “section 9(f) of the Legalization of Marijuana for
709		-	Medical Treatment Initiative of 1999, effective July 27, 2010 (D.C. Law 18- 210; D.C. Official
710		-	Code § 7- 1671.08(f))” in its place.
711		-	(2) Paragraph (1) is amended by striking the phrase “The Mayor” and inserting
712		-	the phrase “The ABC Board” in its place.
713		-	(3) Paragraph (2) is amended as follows:
714		-	(A) Subparagraph (A) is amended to read as follows:
715		-	“(A) The ABC Board shall require the commercial property owner to
716		-	submit a remediation plan within 14 days after the notice of a fine under paragraph (1) of this
717		-	subsection to the ABC Board that contains the commercial property owner's plan to prevent any
718		-	future violations of section 9(f) of the Legalization of Marijuana for Medical Treatment Initiative
719		-	of 1999, effective July 27, 2010 (D.C. Law 18- 210; D.C. Official Code § 7-1671.08(f)).”.
720		-	(B) Subparagraph (B) is amended by striking the phrase “the Mayor, in
721		-	consultation with the Director of the Department of Licensing and Consumer Protection, rejects
722		-	the commercial property owner's remediation plan, the Mayor may issue additional fines or
723		-	revoke the commercial property owners’ licenses” and inserting the phrase “the ABC Board
724		-	rejects the commercial property owner’s remediation plan, the ABC Board may issue additional
725		-	fines” in its place.
726		-	(c) Subsection (c) is amended as follows:
727		-	(1) Paragraph (1) is amended by striking the phrase “Office of Administrative
728		-	Hearings” and inserting the phrase “ABC Board” in its place.
729		-	(2) Paragraph (2) is amended to read as follows:
730		-	“(2) If a commercial property owner timely requests a hearing pursuant to this
731		-	subsection, the ABC Board shall hold a hearing within 3 business days after receiving the
732		-	request.”.
733		-	(3) Paragraph (3) is amended by striking the phrase “administrative law judge”
734		-	and inserting the phrase “ABC Board” in its place.
735		-	(d) Subsection (e)(1) is amended by striking the phrase “Office of Administrative
736		-	Hearings” and inserting the phrase “ABC Board” in its place.
737		-
738		-	Sec. 6. Repealers.
739		-	(a) Sections 2 and 3(a) of the Medical Cannabis Program Enforcement Temporary
740		-	Amendment Act of 2024, effective April 10, 2024 (D.C. Law 25- 153; 71 DCR 2082), are
741		-	repealed.
742		-	(b) Section 2 of the Medical Cannabis License Clarification Temporary Amendment Act
743		-	of 2024, effective May 21, 2024 (D.C. Law 25- 165; 71 DCR 3500), is repealed. ENROLLED ORIGINAL
	422	+	“(a) Except as provided in Section 6a regarding protests against unlicensed 319
	423	+	establishments that applied for licenses prior to January 30, 2024, the following persons may 320
	424	+	protest the issuance of a license, the renewal of a license, or the transfer of a medical cannabis 321
	425	+	retailer license to a new location: 322
	426	+	“(1) A property owner or commercial tenant whose property abuts where the 323
	427	+	establishment is or will be located; 324
	428	+	“(2) A property owner or commercial tenant whose property is located directly 325
	429	+	across the street from where the establishment is or will be located; or 326
	430	+	“(3) Any affected ANC. 327
	431	+	“(b) Any person objecting under subsection (a) of this section to the approval of an 328
	432	+	application shall notify the ABC Board in writing of his or her intention to object and the 329
	433	+	specific grounds for the objection within the protest period. 330
	434	+	“Sec. 7h. Notice to ANCs and Councilmembers. 331
	435	+	“(a) ABCA shall provide electronic notice to the Councilmember representing the ward 332
	436	+	where the establishment is or will be located and any affected ANC at least 45 calendar days 333
	437	+	prior to the approval of a location for a retailer. 334
	438	+	“(b) The ABC Board may, at the request of both an affected ANC and the applicant, 335
	439	+	extend the ANC’s protest petition deadline set forth in subsection (a) of this section by up to an 336
	440	+	additional 30 calendar days for the sole purpose of allowing the ANC to vote on whether to 337
	441	+	support or protest the license application. The ABC Board may, on a motion of any party or on 338 ENGROSSED ORIGINAL
744	442
745	443
746	444
747	445
748	446		18
749	447
750		-	(c) Section 2(b) of the Medical Cannabis Patient Card Extension and 4/20 Medical
751		-	Cannabis Sales Tax Holiday Week Temporary Amendment Act of 2024, effective July 19, 2024
752		-	(D.C. Law 25- 193; 71 DCR 6749), is repealed.
753		-	(d) Section 2 of the Medical Cannabis Conditional License and Unlicensed Establishment
754		-	Closure Clarification Emergency Amendment Act of 2024, effective July 15, 2024 (D.C. Act 25-
755		-	505; 71 DCR 8403), is repealed.
756		-	(e) Section 2 of the Medical Cannabis Conditional License and Unlicensed Establishment
757		-	Closure Clarification Temporary Amendment Act of 2024, effective September 18, 2024 (D.C.
758		-	Law 25-216; 71 DCR 9575), is repealed.
759		-	(f) Section 2(b) of the Medical Cannabis Patient Card Extension and 4/20 Medical
760		-	Cannabis Sales Tax Holiday Week Congressional Review Emergency Amendment Act of 2024,
761		-	effective July 23, 2024 (D.C. Act 25- 526; 71 DCR 9590), is repealed.
762		-	(g) Section 2 of the Medical Cannabis Clarification and Non- Resident Patient Access
763		-	Emergency Amendment Act of 2024, effective July 23, 2024 (D.C. Act 25- 527; 71 DCR 9593),
764		-	is repealed.
765		-	(h) Section 2 of the Medical Cannabis Clarification and Non- Resident Patient Access
766		-	Temporary Amendment Act of 2024, enacted on October 7, 2024 (D.C. Act 25- 564; 71 DCR
767		-	12344), is repealed.
768		-	(i) Section 2 of the Medical Cannabis Patient Access Clarification Emergency
769		-	Amendment Act of 2024, effective July 23, 2024 (D.C. Act 25- 528; 71 DCR 9597), is repealed.
770		-	(j) Section 2 of the Medical Cannabis Patient Access Clarification Temporary
771		-	Amendment Act of 2024, enacted on October 7, 2024 (D.C. Act 25- 565; 71 DCR 12348), is
772		-	repealed.
773		-
774		-	Sec. 7. Fiscal impact statement.
775		-	The Council adopts the fiscal impact statement in the committee report as the fiscal
776		-	impact statement required by section 4a of the General Legislative Procedures Act of 1975,
777		-	approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1- 301.47a).
778		-
779		-	Sec. 8. Effective date.
780		-	This act shall take effect following approval by the Mayor (or in the event of veto by the
781		-	Mayor, action by the Council to override the veto) and a 30-day period of congressional review
782		-
783		-
784		-
785		-
786		-
787		-
788		-	ENROLLED ORIGINAL
	448	+	its own motion, also continue a hearing to permit an affected ANC to vote on a material issue in 339
	449	+	the hearing. 340
	450	+	“Sec. 7i. Grounds for protest. 341
	451	+	“(a) A protest against a medical cannabis retailer license by persons with standing under 342
	452	+	section 7g of this chapter shall be on the basis of: 343
	453	+	“(1) A violation of this act by the applicant; 344
	454	+	“(2) A violation of civil law by the applicant that is directly related to the 345
	455	+	operation of the business or establishment for which the license is sought; or 346
	456	+	“(3) Vehicular and pedestrian safety. 347
	457	+	“(b) The ABC Board shall determine whether a violation of civil law is directly related to 348
	458	+	the operation of the business or establishment for which the license is sought by considering the 349
	459	+	totality of the following factors: 350
	460	+	“(1) Whether specific elements of the violation are directly related to the 351
	461	+	specific duties and responsibilities of the license; and 352
	462	+	“(2) Any evidence produced by the applicant concerning the applicant’s fitness, 353
	463	+	including the length of time that has elapsed since the violation and mitigating circumstances. 354
	464	+	“(c) The ABC Board may issue a license, approve the renewal of a license, or approve the 355
	465	+	transfer of a medical cannabis retailer license to a new location without a hearing on the protest 356
	466	+	if the ABC Board finds that the basis of the protest lacks substance. 357
	467	+	Sec. 7j. ANC comments. 358 ENGROSSED ORIGINAL
789	468
790	469
791	470
792	471
793	472		19
794	473
795		-
796		-
797		-	as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December
798		-	24, 1973 (87 Stat. 813; D.C. Official Code § 1- 206.02(c)(1)).
799		-
800		-
801		-
802		-	______________________________
803		-	Chairman
804		-	Council of the District of Columbia
	474	+	“The ABC Board shall accord great weight to input provided by an affected ANC 359
	475	+	regarding the proposed or existing location of a retailer when approving or rejecting an 360
	476	+	application for a license.”. 361
	477	+	(h) Section 9 (D.C. Official Code § 7–1671.08) is amended as follows: 362
	478	+	(1) Subsection (d) is amended by striking the phrase “licensed cultivation” and 363
	479	+	inserting the phrase “licensed or unlicensed cultivation” in its place. 364
	480	+	(2) New subsections (f), (g), (h) and (i) are added to read as follows: 365
	481	+	“(f) Beginning January 31, 2024, the ABC Board may issue the following fines to an 366
	482	+	unlicensed establishment that violates section 7(c-1) or section 7b(e), or has not filed an accepted 367
	483	+	and pending application with the ABC Board and knowingly engages or attempts to engage in 368
	484	+	the purchase, sale, exchange, delivery, or any other form of commercial transaction involving 369
	485	+	cannabis that is not purchased, sold, exchanged, or delivered in accordance with the provisions 370
	486	+	of this act or section 401 of the District of Columbia Uniform Controlled Substances Act of 371
	487	+	1981, effective August 5, 1981 (D.C. Law 4-29; D.C. Official Code § 48-904.01): 372
	488	+	“(1) For the first violation, the ABC Board may: 373
	489	+	“(A) Issue a fine in the amount of $10,000; and 374
	490	+	“(B) Require the unlicensed establishment to submit a remediation plan to 375
	491	+	the ABC Board that contains the unlicensed establishment’s plan to prevent any future 376
	492	+	recurrence of purchasing, selling, exchanging, delivering, or otherwise transacting any cannabis 377
	493	+	or cannabis products that are not purchased, sold, exchanged, or delivered in accordance with the 378 ENGROSSED ORIGINAL
805	494
806	495
807	496
808	497
	498	+	20
809	499
810		-	_________________________________
811		-	Mayor
812		-	District of Columbia
	500	+	provisions of this act or section 401 of the District of Columbia Uniform Controlled Substances 379
	501	+	Act of 1981, effective August 5, 1981 (D.C. Law 4-29; D.C. Official Code § 48-904.01); 380
	502	+	“(2) For any subsequent violations or if the unlicensed establishment fails to 381
	503	+	submit a remediation plan in accordance with paragraph (1) of this subsection, or if the ABC 382
	504	+	Board rejects the unlicensed establishment’s remediation plan, the ABC Board may issue 383
	505	+	additional fines as follows: 384
	506	+	“(A) For the second violation, a fine in the amount of $20,000; 385
	507	+	“(B) For the third or subsequent violation, a fine in the amount of $30,000; 386
	508	+	“(C) For failing to submit a remediation plan or having its remediation 387
	509	+	plan rejected by the ABC Board, a fine of in the amount of $10,000. 388
	510	+	“(3) Revenue collected from fines imposed pursuant to this subsection shall be 389
	511	+	deposited as follows: 390
	512	+	“(A) The first $100,000 shall be deposited into the Litigation Support 391
	513	+	Fund established pursuant to section 106b(b)(6) of the Attorney General for the District of 392
	514	+	Columbia Clarification and Elected Term Amendment Act of 2010, effective May 27, 2010 393
	515	+	(D.C. Law 18-160; D.C. Official Code § 1-301.86b(b)(6)); and 394
	516	+	“(B) Any revenue collected from fines after the first $100,000 shall be 395
	517	+	deposited into the Medical Cannabis Social Equity Fund established pursuant to section 9b. 396 ENGROSSED ORIGINAL
813	518
	519	+
	520	+
	521	+
	522	+	21
	523	+
	524	+	“(4) Nothing in this subsection shall preclude the ABC Board from issuing a 397
	525	+	cease-and-desist order or the closure of an unlicensed establishment for a first or subsequent 398
	526	+	violation of this subsection. 399
	527	+	“(g)(1) Notwithstanding sections 7(b) and 9(f), ABCA shall have the authority to inspect 400
	528	+	the entire premises, inventory, and business records of an unlicensed establishment to determine 401
	529	+	whether the business is conducting activity in violation of this title. If, after an inspection, ABCA 402
	530	+	determines that an unlicensed establishment presents an imminent danger to the health or safety 403
	531	+	of the public, as described in paragraph (2) of this subsection, the ABC Board may summarily 404
	532	+	close and order the padlocking, by ABCA or MPD without a prior hearing, of the unlicensed 405
	533	+	establishment, and ABCA or MPD may seize all cannabis and cannabis products found at the 406
	534	+	premises. 407
	535	+	“(2) For the purpose of this subsection, the term “imminent danger to the health or 408
	536	+	safety of the public” includes any of the following: 409
	537	+	“(A) The unlicensed establishment distributes or attempts to distribute 410
	538	+	cannabis or a cannabis product to one or more persons under the age of 21. 411
	539	+	“(B) The unlicensed establishment manufactures, produces, or cultivates 412
	540	+	cannabis or cannabis products at the building or premises. 413
	541	+	“(C) Once a testing laboratory has been licensed under this act, the 414
	542	+	unlicensed establishment distributes, attempts to distribute, or makes available for sale or 415
	543	+	exchange cannabis or a cannabis product untested by a testing laboratory licensed under this act. 416 ENGROSSED ORIGINAL
	544	+
	545	+
	546	+
	547	+
	548	+	22
	549	+
	550	+	“(D) The unlicensed establishment distributes, attempts to distribute or 417
	551	+	makes available for sale or exchange cannabis or a cannabis product that fails to contain a label 418
	552	+	identifying the source of the cannabis or cannabis product, including where it was manufactured, 419
	553	+	the contents of the package, and the cannabis or cannabis product’s ingredients, and 420
	554	+	tetrahydrocannabinol (THC) content, or is otherwise not labeled in accordance with this act. 421
	555	+	“(E) The unlicensed establishment fails to comply with a cease-and-desist 422
	556	+	order. 423
	557	+	“(F) The unlicensed establishment distributes, attempts to distribute, or 424
	558	+	makes available for sale or exchange Schedule I substances, or products that contain Schedule I 425
	559	+	substances, as enumerated in section 204 of the District of Columbia Uniform Controlled 426
	560	+	Substances Act of 1981, effective August 5, 1981 (D.C. Law 4-29; D.C. Official Code § 48-427
	561	+	902.04). 428
	562	+	“(G) An employee, agent, or owner of the unlicensed establishment has 429
	563	+	unlawful firearms or weapons on the premises. 430
	564	+	“(H) A dangerous crime, as defined in D.C. Official Code § 23-1331(3), or 431
	565	+	a crime of violence, as defined in D.C. Official Code § 23-1331(4), was committed on the 432
	566	+	premises of the unlicensed establishment. 433
	567	+	“(I) The unlicensed establishment engages in any activity or operation 434
	568	+	established as an imminent danger to the health or safety of the public by the ABC Board by 435
	569	+	rule. 436 ENGROSSED ORIGINAL
	570	+
	571	+
	572	+
	573	+
	574	+	23
	575	+
	576	+	“(3) ABCA shall provide the unlicensed establishment’s owner and the property 437
	577	+	owner with written notice of the summary closure and the right to request a hearing. 438
	578	+	“(4) The owner of the unlicensed establishment shall have 5 business days after 439
	579	+	service of the notice of summary closure to request a hearing with the ABC Board, which shall 440
	580	+	hold a hearing within 5 business days of a timely request. 441
	581	+	“(5) The ABC Board shall issue a written decision within 5 business days after the 442
	582	+	hearing. 443
	583	+	“(h)(1) ABCA or the Metropolitan Police Department may post signage at the site of the 444
	584	+	unlicensed establishment indicating that unlicensed activity has been found to have occurred for 445
	585	+	violations of this act. 446
	586	+	“(2) If the ABC Board orders the closure of an unlicensed establishment, the ABC 447
	587	+	Board shall post 2 notices in conspicuous places at or near the main street entrance on the outside 448
	588	+	of the establishment. 449
	589	+	“(3) The posted notice shall state that the closure is ordered because of a violation 450
	590	+	of this act or of the regulations promulgated pursuant to this act. 451
	591	+	“(4) Any person willfully removing, obliterating, or defacing the notice shall be 452
	592	+	guilty of a violation of this act. 453
	593	+	“(i)(1) An ABCA investigator may test cannabis and cannabis products to quantify their 454
	594	+	THC content. 455 ENGROSSED ORIGINAL
	595	+
	596	+
	597	+
	598	+
	599	+	24
	600	+
	601	+	“(2) In any proceeding before the ABC Board, labeling or packaging in an 456
	602	+	unlicensed establishment that states that the product contains cannabis or tetrahydrocannabinol, 457
	603	+	whether in whole or in part, or a derivative thereof, shall create a presumption that the product 458
	604	+	contains cannabis and contains the amounts of the chemicals indicated on the label or packaging 459
	605	+	unless such presumption is overcome by a preponderance of evidence to the contrary.”. 460
	606	+	(i) Section 13a (D.C. Official Code § 7–1671.12a) is amended as follows: 461
	607	+	(1) Subsection (a) is amended as follows: 462
	608	+	(A) Strike the phrase “Board or the Mayor” both times it appears and 463
	609	+	insert the word “Board” in its place. 464
	610	+	(B) Strike the phrase “to the licensee” and insert the phrase “to the 465
	611	+	licensee or unlicensed establishment” in its place. 466
	612	+	(2) Subsection (d) is amended by striking the phrase “Board or the Mayor” and 467
	613	+	inserting the word “Board” in its place. 468
	614	+	(3) Subsection (f) is amended by striking the phrase “Board or the Mayor” and 469
	615	+	inserting the word “Board” in its place. 470
	616	+	(j) New sections 13b, 13c, 13d, and 13e are added to read as follows: 471
	617	+	“Sec. 13b. Examination of premises, books, and records. 472
	618	+	“(a) An applicant for a license, and each licensee, shall allow any ABCA investigator or 473
	619	+	agent of the ABC Board full opportunity to examine, at any time during business hours: 474 ENGROSSED ORIGINAL
	620	+
	621	+
	622	+
	623	+
	624	+	25
	625	+
	626	+	“(1) The premises where a cannabis product is manufactured, kept, sold, or 475
	627	+	consumed for which an application for a license has been made or for which a license has been 476
	628	+	issued; and 477
	629	+	“(2) The books and records of the business for which an application for a license 478
	630	+	has been made or for which a license has been issued. 479
	631	+	“(b) ABCA investigators shall examine the premises and books and records of each 480
	632	+	licensed establishment in the District at least once each year. The investigators shall make 481
	633	+	reasonable efforts to ensure that the licensee shall know in advance the date of the inspection. 482
	634	+	“Sec. 13c. Search warrants for illegal cannabis products; disposition of seized products. 483
	635	+	“If a search warrant is issued by any judge of the Superior Court of the District of 484
	636	+	Columbia or by a United States Magistrate for the District of Columbia for premises where any 485
	637	+	cannabis products are sold, exchanged as part of a commercial transaction, delivered, or 486
	638	+	permitted to be consumed in violation of this title, the cannabis product and any other property 487
	639	+	designed for use in connection with the unlawful manufacture for sale, keeping for sale, selling, 488
	640	+	or consumption may be seized and shall be subject to such disposition as the court may make 489
	641	+	thereof. 490
	642	+	“Sec. 13d. Notifications from Department of Licensing and Consumer Protection, Office 491
	643	+	of Tax and Revenue, Fire and Emergency Medical Services Department, and Metropolitan Police 492
	644	+	Department. 493 ENGROSSED ORIGINAL
	645	+
	646	+
	647	+
	648	+
	649	+	26
	650	+
	651	+	“(a) The Department of Licensing and Consumer Protection, the Office of Tax and 494
	652	+	Revenue, and the Fire and Emergency Medical Services Department shall notify the ABC Board 495
	653	+	if a licensed establishment is the subject of a citation, revocation, or other enforcement action for 496
	654	+	a violation of laws or regulations enforced by those agencies or offices within 30 days after the 497
	655	+	citation, revocation, or other enforcement action. 498
	656	+	“(b) If a licensed establishment is the subject of an incident report by the Metropolitan 499
	657	+	Police Department, the Metropolitan Police Department shall file a copy of the incident report 500
	658	+	with the ABC Board within 30 days after the incident. The ABC Board shall make the report 501
	659	+	available for public inspection upon request. 502
	660	+	“Sec. 13e. Nuisance. 503
	661	+	“(a) Any unlicensed establishment where cannabis is sold, exchanged as part of a 504
	662	+	commercial transaction, delivered, or permitted to be consumed shall be a nuisance, except any 505
	663	+	unlicensed establishment of an applicant that filed an accepted and pending application with the 506
	664	+	ABC Board during the 90-day open application period. 507
	665	+	“(b) An action to enjoin any nuisance defined in subsection (a) of this section may be 508
	666	+	brought in the name of the District of Columbia by the Attorney General for the District of 509
	667	+	Columbia in the Civil Branch of the Superior Court of the District of Columbia against the owner 510
	668	+	or operator of the unlicensed establishment or any person conducting or maintaining such 511
	669	+	nuisance or any person who knows or should have known that such nuisance is being conducted 512
	670	+	or maintained. 513 ENGROSSED ORIGINAL
	671	+
	672	+
	673	+
	674	+
	675	+	27
	676	+
	677	+	“(c)(1) Upon the filing of a complaint to abate the nuisance, the Court shall hold a 514
	678	+	hearing on a motion for a preliminary injunction within 14 days of the filing of such action. 515
	679	+	“(2) If it appears, by affidavit or otherwise, that there is a substantial likelihood 516
	680	+	that the District of Columbia will be able to prove at trial that the building, ground, or premises 517
	681	+	of the unlicensed establishment is a nuisance, the court may enter an order preliminarily: 518
	682	+	“(A) Enjoining the nuisance; 519
	683	+	“(B) Prohibiting the use of the unlicensed establishment for the purpose of 520
	684	+	selling cannabis, exchanging cannabis as part of a commercial transaction, delivering cannabis, 521
	685	+	or permitting cannabis to be consumed until such time as the establishment obtains a license; and 522
	686	+	“(C) Granting such other relief as the court may deem appropriate. 523
	687	+	“(3) The District of Columbia need not prove irreparable harm to obtain a 524
	688	+	preliminary injunction. 525
	689	+	“(4) Where appropriate, the Court may order a trial of the action on the merits to 526
	690	+	be advanced and consolidated with the hearing on the motion for preliminary injunction. 527
	691	+	“(5) This section shall not be construed to prohibit the application for or the 528
	692	+	granting of a temporary restraining order, or other equitable relief otherwise provided by law. 529
	693	+	“(d)(1) Within 14 days of the issuance of any preliminary injunction, the Court shall hold 530
	694	+	a full hearing on the merits of the nuisance action. 531
	695	+	“(2) If the Court does not issue a preliminary injunction, the Court shall 532
	696	+	expeditiously schedule a full hearing. If it is determined by a preponderance of the evidence that 533 ENGROSSED ORIGINAL
	697	+
	698	+
	699	+
	700	+
	701	+	28
	702	+
	703	+	the unlicensed establishment is a nuisance, the Court shall issue a final order that mandates 534
	704	+	closure and sealing of the establishment within 72 hours and continued closure until such time as 535
	705	+	the establishment obtains a license. 536
	706	+	“(3) The Court may order other appropriate relief, including issuing an order 537
	707	+	enjoining the nuisance and prohibiting the use of the unlicensed establishment for the purpose of: 538
	708	+	“(A) Selling cannabis; 539
	709	+	“(B) Exchanging cannabis as part of a commercial transaction; 540
	710	+	“(C) Delivering cannabis; or 541
	711	+	“(D) Permitting cannabis to be consumed until such time as the 542
	712	+	establishment obtains a license. 543
	713	+	“(4)(A) Execution by the Metropolitan Police Department of any final order to 544
	714	+	close and seal the establishment shall occur within 7 days of the issuance of the final order. 545
	715	+	“(B) Notwithstanding subparagraph (A) of this paragraph, if the 546
	716	+	Metropolitan Police Department has not executed the final order within 5 days of issuance of the 547
	717	+	final order, the final order shall continue to be executable and valid.”. 548
	718	+	Sec. 5. Section 8 of the Medical Cannabis Amendment Act of 2022, effective March 22, 549
	719	+	2023 (D.C. Law 24-332; D.C. Official Code § 7-1675.01), is amended as follows: 550
	720	+	(a) Subsection (a) is amended as follows: 551
	721	+	(1) Paragraph (1) is amended as follows: 552 ENGROSSED ORIGINAL
	722	+
	723	+
	724	+
	725	+
	726	+	29
	727	+
	728	+	(A) The lead-in language is amended by striking the phrase “Alcoholic 553
	729	+	Beverage and Cannabis Administration makes final determinations for the licensure of 554
	730	+	unlicensed establishments pursuant to §§ 7-1671.06a and 7-1671.06b, for the first violation 555
	731	+	of D.C. Official Code § 47-2844(a-2)(1B), the Mayor” and inserting the phrase “After the 556
	732	+	Alcoholic Beverage and Cannabis Board (“ABC Board”) makes final determinations for the 557
	733	+	licensure of unlicensed establishments pursuant to sections 7a and 7b of the Legalization of 558
	734	+	Marijuana for Medical Treatment Initiative of 1999, effective March 22, 2023 (D.C. Law 24-559
	735	+	332; D.C. Official Code §§ 7-1671.06a and 7-1671.06b), for the first violation of section 9(f) of 560
	736	+	the Legalization of Marijuana for Medical Treatment Initiative of 1999, effective July 27, 2010 561
	737	+	(D.C. Law 18-210; D.C. Official Code § 7-1671.08(f)), the ABC Board ” in its place. 562
	738	+	(B) Subparagraph (C) is amended by striking the phrase “§ 47-2844(a-563
	739	+	2)(1B)” and inserting the phrase “section 9(f) of the Legalization of Marijuana for Medical 564
	740	+	Treatment Initiative of 1999, effective July 27, 2010 (D.C. Law 18-210; D.C. Official Code § 7-565
	741	+	1671.08(f)),” in its place. 566
	742	+	(2) Paragraph (2) is amended by striking the phrase “provided to the Alcoholic 567
	743	+	Beverage and Cannabis Administration,” and inserting the phrase “provided to” in its place. 568
	744	+	(b) Subsection (b) is amended as follows: 569
	745	+	(1) The lead-in language is amended by striking the phrase “§ 47-2844(a-2)(1B)” 570
	746	+	and inserting the phrase “section 9(f) of the Legalization of Marijuana for Medical Treatment 571 ENGROSSED ORIGINAL
	747	+
	748	+
	749	+
	750	+
	751	+	30
	752	+
	753	+	Initiative of 1999, effective July 27, 2010 (D.C. Law 18-210; D.C. Official Code § 7-572
	754	+	1671.08(f))” in its place. 573
	755	+	(2) Paragraph (1) is amended by striking the phrase “The Mayor” and inserting 574
	756	+	the phrase “The ABC Board” in its place. 575
	757	+	(3) Paragraph (2) is amended as follows: 576
	758	+	(A) Subparagraph (A) is amended to read as follows: 577
	759	+	“(A) The ABC Board shall require the commercial property owner to 578
	760	+	submit a remediation plan within 14 days after the notice of a fine under paragraph (1) of this 579
	761	+	subsection to the ABC Board that contains the commercial property owner's plan to prevent any 580
	762	+	future violations of section 9(f) of the Legalization of Marijuana for Medical Treatment Initiative 581
	763	+	of 1999, effective July 27, 2010 (D.C. Law 18-210; D.C. Official Code § 7-1671.08(f)).”. 582
	764	+	(B) Subparagraph (B) is amended by striking the phrase “the Mayor, in 583
	765	+	consultation with the Director of the Department of Licensing and Consumer Protection, rejects 584
	766	+	the commercial property owner's remediation plan, the Mayor may issue additional fines or 585
	767	+	revoke the commercial property owners’ licenses” and inserting the phrase “the ABC Board 586
	768	+	rejects the commercial property owner’s remediation plan, the ABC Board may issue additional 587
	769	+	fines” in its place. 588
	770	+	(c) Subsection (c) is amended as follows: 589
	771	+	(1) Paragraph (1) is amended by striking the phrase “Office of Administrative 590
	772	+	Hearings” and inserting the phrase “ABC Board” in its place. 591 ENGROSSED ORIGINAL
	773	+
	774	+
	775	+
	776	+
	777	+	31
	778	+
	779	+	(2) Paragraph (2) is amended to read as follows: 592
	780	+	“(2) If a commercial property owner timely requests a hearing pursuant to this 593
	781	+	subsection, the ABC Board shall hold a hearing within 3 business days after receiving the 594
	782	+	request.”. 595
	783	+	(3) Paragraph (3) is amended by striking the phrase “administrative law judge” 596
	784	+	and inserting the phrase “ABC Board” in its place. 597
	785	+	(d) Subsection (e)(1) is amended by striking the phrase “Office of Administrative 598
	786	+	Hearings” and inserting the phrase “ABC Board” in its place. 599
	787	+	Sec. 6. Fiscal impact statement. 600
	788	+	The Council adopts the fiscal impact statement in the committee report as the fiscal 601
	789	+	impact statement required by section 4a of the General Legislative Procedures Act of 1975, 602
	790	+	approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 603
	791	+	Sec. 7. Effective date. 604
	792	+	This act shall take effect following approval by the Mayor (or in the event of veto by the 605
	793	+	Mayor, action by the Council to override the veto) and a 30-day period of congressional review 606
	794	+	as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 607
	795	+	24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)). 608