District Of Columbia 2023-2024 Regular Session

District Of Columbia Council Bill B25-0648 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	ENROLLED ORIGINAL
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6	2		1
7		-	AN ACT
8		-
9		-	______________
10		-
11		-	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
12		-
13		-	_____________________
14		-
15		-
16		-	To amend, on an emergency basis, the Legalization of Marijuana for Medical Treatment
17		-	Initiative of 1999 to provide that it is unlawful for a licensed or unlicensed cultivation
18		-	center, manufacturer, retailer, or internet retailer to represent that goods or services or the
19		-	business is compliant with the Legalization of Possession of Minimal Amounts of
20		-	Marijuana for Personal Use Initiative of 2014, to authorize the Alcoholic Beverage and
21		-	Cannabis Board to extend the 45-calendar day public comment period by an additional
22		-	30-calendar days in response to a written request submitted by either an affected
23		-	Advisory Neighborhood Commission or the applicant, to clarify that an Advisory
24		-	Neighborhood Commission within 600 feet of where an establishment is or will be
25		-	located has standing to protest the issuance of a license to an unlicensed cultivation
26		-	center, manufacturer, retailer, or internet retailer license, to align the enforcement
27		-	procedures with those provided in Title 25 of the District of Columbia Official Code, and
28		-	to clarify that the Alcoholic Beverage and Cannabis Board has the authority to issue
29		-	cease-and-desist orders mandating compliance with the provisions of the Medical
30		-	Cannabis Program; and to amend the Medical Cannabis Amendment Act of 2022 to
31		-	clarify that the Alcoholic Beverage and Cannabis Board has authority to enforce against
32		-	commercial property owners of properties that are used to operate illegal cannabis
33		-	businesses.
34		-
35		-	BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
36		-	act may be cited as the “Medical Cannabis Program Enforcement Emergency Amendment Act of
37		-	2024”.
38		-
39		-	Sec. 2. The Legalization of Marijuana for Medical Treatment Initiative of 1999, effective
40		-	February 25, 2010 (D.C. Law 13-315; D.C. Official Code § 7-1671.01 et seq.), is amended as
41		-	follows:
42		-	(a) Section 7 (D.C. Official Code § 7-1671.06) is amended by adding a new subsection
43		-	(c-1) to read as follows:
44		-	“(c-1) It shall be a violation of this act for any unlicensed or licensed cultivation center,
45		-	manufacturer, retailer, or internet retailer to represent that goods or services or the business is
46		-	compliant with the Legalization of Possession of Minimal Amounts of Marijuana for Personal ENROLLED ORIGINAL
47		-
48		-
49		-
50		-
	3	+	_____________________________ 1
	4	+	Councilmember Charles Allen 2
	5	+	3
	6	+	4
	7	+	A BILL 5
	8	+	6
	9	+	______________ 7
	10	+	8
	11	+	9
	12	+	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 10
	13	+	11
	14	+	_____________________ 12
	15	+	13
	16	+	14
	17	+	To amend, on an emergency basis, the Legalization of Marijuana for Medical Treatment Initiative 15
	18	+	of 1999 to provide the Alcoholic Beverage and Cannabis Administration the ability to 16
	19	+	extend the 45-calendar day public comment period for cultivation center, retailer, or 17
	20	+	internet retailer licenses to an unlicensed establishment by an additional 30-calendar days, 18
	21	+	to clarify which persons have standing to protest the issuance of a cultivation center, 19
	22	+	retailer, or internet retailer license to an unlicensed establishment, to align the enforcement 20
	23	+	procedures with those provided in Title 25 of the District of Columbia Official Code, and 21
	24	+	to clarify that the Alcoholic Beverage and Cannabis Board has the authority to issue cease-22
	25	+	and-desist orders mandating compliance with the provisions of the Medical Cannabis 23
	26	+	Program; and to amend the Medical Cannabis Amendment Act of 2022 to clarify that the 24
	27	+	Alcoholic Beverage and Cannabis Board has authority to enforce against commercial 25
	28	+	property owners in whose properties are used to operate illegal cannabis businesses. 26
	29	+	27
	30	+	BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 28
	31	+	act may be cited as the “Medical Cannabis Program Enforcement Emergency Amendment Act of 29
	32	+	2024”. 30
	33	+	Sec. 2. The Legalization of Marijuana for Medical Treatment Initiative of 1999, effective 31
	34	+	February 25, 2010 (D.C. Law 13-315; D.C. Official Code § 7-1671.01 et seq.), is amended as 32
	35	+	follows: 33
	36	+	(a) Section 7 (D.C. Official Code § 7-1671.06) is amended by adding a new subsection (c-34
	37	+	1) to read as follows: 35
	38	+	“(c-1) It shall be a violation of this act for any unlicensed or licensed cultivation center, 36
	39	+	manufacturer, retailer, or internet retailer to represent that goods or services or the business is 37
51	40		2
52		-	Use Initiative of 2014, effective February 26, 2015 (D.C. Law 20-153; D.C. Official Code §
53		-	passim); except, that a licensed cultivation center, manufacturer, retailer, or internet retailer may
54		-	have signage indicating that there is medical cannabis on the property.”.
55		-	(b) Section 7a(h) (D.C. Official Code § 7-1671.06a(h)) is amended to read as follows:
56		-	“(h)(1) The ABC Board shall provide notice of complete and eligible cultivation center,
57		-	retailer, and internet retailer license applications received from unlicensed establishments to the
58		-	Ward Councilmember, and any Advisory Neighborhood Commission within 600 feet of where
59		-	the establishment is or will be located (“affected ANC”), for a 45-calendar day public comment
60		-	period. The ABC Board may extend the public comment period required by this paragraph by an
61		-	additional 30-calendar days in response to a written request submitted by either an affected ANC
62		-	or the applicant.
63		-	“(2) An affected ANC may protest the issuance of the license.
64		-	“(3) The ABC Board shall hold a contested case protest hearing within 120 days
65		-	of receiving a timely protest from an affected ANC pursuant to paragraph (2) of this subsection.
66		-	“(4) The provisions of this subsection shall apply to all applications submitted to
67		-	ABCA after the effective date of the Medical Cannabis Program Enforcement Emergency
68		-	Amendment Act of 2024, passed on emergency basis on January 9, 2024 (Enrolled version of
69		-	Bill 25-648).”.
70		-	(c) Section 7b (D.C. Official Code § 7–1671.06b) is amended by adding a new subsection
71		-	(e) to read as follows:
72		-	“(e) An unlicensed establishment shall not display signage or imagery advertising
73		-	relating to:
74		-	“(1) The prices of cannabis or cannabis product in the window;
75		-	“(2) Cannabis or a cannabis product on the exterior of any window or on the
76		-	exterior or interior of any door; or
77		-	“(3) Cannabis or a cannabis product on the exterior or visible from the exterior of
78		-	the unlicensed establishment or elsewhere in the District.”.
79		-	(d) Section 9 (D.C. Official Code § 7–1671.08) is amended as follows:
80		-	(1) Subsection (d) is amended by striking the phrase “licensed cultivation” and
81		-	inserting the phrase “licensed or unlicensed cultivation” in its place.
82		-	(2) A new subsection (f) is added to read as follows:
83		-	“(f) Beginning January 31, 2024, the ABC Board may issue the following fines to an
84		-	unlicensed establishment that violates section 7(c-1) or section 7b(e), or has not filed an accepted
85		-	and pending application with the ABC Board and knowingly engages or attempts to engage in
86		-	the purchase, sale, exchange, delivery, or any other form of commercial transaction involving
87		-	cannabis that is not purchased, sold, exchanged, or delivered in accordance with the provisions
88		-	of this act or section 401 of the District of Columbia Uniform Controlled Substances Act of
89		-	1981, effective August 5, 1981 (D.C. Law 4-29; D.C. Official Code § 48-904.01):
90		-	“(1) For the first violation, the ABC Board may issue a written warning to the
91		-	unlicensed establishment; ENROLLED ORIGINAL
92		-
93		-
94		-
95		-
	41	+	compliant with the Legalization of Possession of Minimal Amounts of Marijuana for Personal Use 38
	42	+	Initiative of 2014, effective February 26, 2015 (D.C. Law 20-153; D.C. Official Code § passim); 39
	43	+	provided, that a licensed cultivation center, manufacturer, retailer, or internet retailer may have 40
	44	+	signage indicating that there is medical cannabis on the property.”. 41
	45	+	(b) Section 7a(h) (D.C. Official Code § 7-1671.06a(h)) is amended to read as follows: 42
	46	+	“(h)(1) The ABC Board shall provide notice of complete and eligible cultivation center, 43
	47	+	retailer, and internet retailer license applications received from unlicensed establishments to the 44
	48	+	Councilmember, and any Advisory Neighborhood Commission within 600 feet of where the 45
	49	+	establishment is or will be located (“affected ANC”), for a 45-calendar day public comment period. 46
	50	+	The ABC Board may extend the public comment period required by this paragraph in response to 47
	51	+	a written request submitted by either an affected ANC or the applicant by an additional 30-calendar 48
	52	+	days. 49
	53	+	“(2) An affected ANC may protest the issuance of the license. 50
	54	+	“(3) The ABC Board shall hold a contested case protest hearing within 120 days of 51
	55	+	receiving a timely protest from an affected ANC pursuant to paragraph (2) of this subsection. 52
	56	+	“(4) The provisions of this subsection shall apply to all applications submitted to 53
	57	+	ABCA after the effective date of the Medical Cannabis Program Enforcement Emergency 54
	58	+	Amendment Act of 2024, passed on emergency basis on January 9, 2024 (Enrolled version of Bill 55
	59	+	25-XXX).”. 56
	60	+	(c) Section 7b (D.C. Official Code § 7–1671.06b) is amended by adding a new subsection 57
	61	+	(e) to read as follows: 58
	62	+	“(e) An unlicensed establishment shall not display signage or imagery advertising relating 59
	63	+	to: 60
96	64		3
97		-	“(2) For the second violation, the ABC Board may:
98		-	“(A) Issue a fine in the amount of $10,000; and
99		-	“(B) Require the unlicensed establishment to submit a remediation plan to
100		-	the ABC Board that contains the unlicensed establishment’s plan to prevent any future
101		-	recurrence of purchasing, selling, exchanging, delivering, or otherwise transacting any cannabis
102		-	that is not purchased, sold, exchanged, or delivered in accordance with the provisions of this act
103		-	or section 401 of the District of Columbia Uniform Controlled Substances Act of 1981, effective
104		-	August 5, 1981 (D.C. Law 4-29; D.C. Official Code § 48-904.01); and
105		-	“(3) For any subsequent violations or if the unlicensed establishment fails to
106		-	submit a remediation plan in accordance with paragraph (2) of this subsection, or if the ABC
107		-	Board rejects the unlicensed establishment’s remediation plan, the ABC Board may issue
108		-	additional fines.”.
109		-	(e) Section 13a (D.C. Official Code § 7–1671.12a) is amended as follows:
110		-	(1) Subsection (a) is amended by striking the phrase “Board or the Mayor” both
111		-	times it appears and inserting the word “Board” in its place.
112		-	(2) Subsection (d) is amended by striking the phrase “Board or the Mayor” and
113		-	inserting the word “Board” in its place.
114		-	(3) Subsection (f) is amended by striking the phrase “Board or the Mayor” and
115		-	inserting the word “Board” in its place.
116		-	(f) New sections 13b, 13c, 13d, and 13e are added to read as follows:
117		-	“Sec. 13b. Examination of premises, books, and records.
118		-	“(a) An applicant for a license, and each licensee, shall allow any ABCA investigator,
119		-	agent of the ABC Board, or any member of the Metropolitan Police Department full opportunity
120		-	to examine, at any time during business hours:
121		-	“(1) The premises where a cannabis product is manufactured, kept, sold, or
122		-	consumed for which an application for a license has been made or for which a license has been
123		-	issued; and
124		-	“(2) The books and records of the business for which an application for a license
125		-	has been made or for which a license has been issued.
126		-	“(b) ABCA investigators shall examine the premises and books and records of each
127		-	licensed establishment in the District at least once each year. The investigators shall make
128		-	reasonable efforts to ensure that the licensee shall know in advance the date of the inspection.
129		-	“Sec. 13c. Search warrants for illegal cannabis products; disposition of seized products.
130		-	“If a search warrant is issued by any judge of the Superior Court of the District of
131		-	Columbia or by a United States Magistrate for the District of Columbia for premises where any
132		-	cannabis products are sold, exchanged as part of a commercial transaction, delivered, or
133		-	permitted to be consumed in violation of this title, the cannabis product and any other property
134		-	designed for use in connection with the unlawful manufacture for sale, keeping for sale, selling,
135		-	or consumption may be seized and shall be subject to such disposition as the court may make
136		-	thereof. ENROLLED ORIGINAL
137		-
138		-
139		-
140		-
	65	+	“(1) The prices of cannabis or cannabis product in the window; 61
	66	+	“(2) Cannabis or a cannabis product on the exterior of any window or on the exterior 62
	67	+	or interior of any door; or 63
	68	+	“(3) Cannabis or a cannabis product on the exterior or visible from the exterior of 64
	69	+	the unlicensed establishment or elsewhere in the District.”. 65
	70	+	(d) Section 9 (D.C. Official Code § 7–1671.08) is amended as follows: 66
	71	+	(1) Subsection (d) is amended by striking the phrase “licensed cultivation” and 67
	72	+	inserting the phrase “licensed or unlicensed cultivation” in its place. 68
	73	+	(2) A new subsection (f) is added to read as follows: 69
	74	+	“(f) Beginning January 31, 2024, the ABC Board may issue the following fines to an 70
	75	+	unlicensed establishment that violates section 7(c-1) or 7b(e), or has not filed an accepted and 71
	76	+	pending application with the ABC Board and knowingly engages or attempts to engage in the 72
	77	+	purchase, sale, exchange, delivery, or any other form of commercial transaction involving cannabis 73
	78	+	that is not purchased, sold, exchanged, or delivered in accordance with the provisions of this act 74
	79	+	or section 401 of the District of Columbia Uniform Controlled Substances Act of 1981, effective 75
	80	+	August 5, 1981 (D.C. Law 4-29; D.C. Official Code § 48-904.01): 76
	81	+	“(1) For the first violation, the ABC Board may issue a written warning to the 77
	82	+	unlicensed establishment; 78
	83	+	“(2) For the second violation, the ABC Board may: 79
	84	+	“(A) Issue a fine in the amount of $10,000; and 80
	85	+	“(B) Require the unlicensed establishment to submit a remediation plan to 81
	86	+	the ABC Board that contains the unlicensed establishment’s plan to prevent any future recurrence 82
	87	+	of purchasing, selling, exchanging, delivering, or otherwise transacting any cannabis that is not 83
141	88		4
142		-	“Sec. 13d. Notifications from Department of Licensing and Consumer Protection, Office
143		-	of Tax and Revenue, Fire and Emergency Medical Services Department, and Metropolitan Police
144		-	Department.
145		-	“(a) The Department of Licensing and Consumer Protection, the Office of Tax and
146		-	Revenue, and the Fire and Emergency Medical Services Department shall notify the ABC Board
147		-	if a licensed establishment is the subject of a citation, revocation, or other enforcement action for
148		-	a violation of laws or regulations enforced by those agencies or offices within 30-calendar days
149		-	after the citation, revocation, or other enforcement action.
150		-	“(b) If a licensed establishment is the subject of an incident report by the Metropolitan
151		-	Police Department, the Metropolitan Police Department shall file a copy of the incident report
152		-	with the ABC Board within 30-calendar days after the incident. The ABC Board shall make the
153		-	report available for public inspection upon request.
154		-	“Sec. 13e. Nuisance.
155		-	“(a) Any building, ground, or premises where cannabis is sold, exchanged as part of a
156		-	commercial transaction, delivered, or permitted to be consumed by an unlicensed establishment
157		-	shall be a nuisance, except any building, ground, or premises of an applicant that filed an
158		-	accepted and pending application with the Board during the 90-calendar day open application
159		-	period.
160		-	“(b) An action to enjoin any nuisance defined in subsection (a) of this section may be
161		-	brought in the name of the District of Columbia by the Attorney General for the District of
162		-	Columbia in the Civil Branch of the Superior Court of the District of Columbia against any
163		-	person conducting or maintaining such nuisance or knowingly permitting such nuisance to be
164		-	conducted or maintained.”.
165		-
166		-	Sec. 3. The Medical Cannabis Amendment Act of 2022, effective March 22, 2023 (D.C.
167		-	Law 24-332; 70 DCR 1582), is amended as follows:
168		-	(a) Section 8 (D.C. Official Code § 7-1675.01) is amended as follows:
169		-	(1) Subsection (a) is amended as follows:
170		-	(A) Paragraph (1) is amended as follows:
171		-	(i) The lead-in language is amended by striking the phrase
172		-	“Alcoholic Beverage and Cannabis Administration makes final determinations for the licensure
173		-	of unlicensed establishments pursuant to §§ 7-1671.06a and 7-1671.06b, for the first violation
174		-	of D.C. Official Code § 47-2844(a-2)(1B), the Mayor” and inserting the phrase “Alcoholic
175		-	Beverage and Cannabis Board (“ABC Board”) makes final determinations for the licensure of
176		-	unlicensed establishments pursuant to sections 7a and 7b of the Legalization of Marijuana for
177		-	Medical Treatment Initiative of 1999, effective March 22, 2023 (D.C. Law 24-332; D.C. Official
178		-	Code §§ 7-1671.06a and 7-1671.06b), for the first violation of section 9(f) of the Legalization of
179		-	Marijuana for Medical Treatment Initiative of 1999, effective July 27, 2010 (D.C. Law 18-210;
180		-	D.C. Official Code § 7-1671.08(f)), the ABC Board ” in its place. ENROLLED ORIGINAL
181		-
182		-
183		-
184		-
	89	+	purchased, sold, exchanged, or delivered in accordance with the provisions of this act or section 84
	90	+	401 of the District of Columbia Uniform Controlled Substances Act of 1981, effective August 5, 85
	91	+	1981 (D.C. Law 4-29; D.C. Official Code § 48-904.01); and 86
	92	+	“(3) For any subsequent violations or if the unlicensed establishment fails to submit 87
	93	+	a remediation plan in accordance with paragraph (2) of this subsection, or if the ABC Board rejects 88
	94	+	the unlicensed establishment’s remediation plan, the ABC Board may issue additional fines.”. 89
	95	+	(e) Section 13a (D.C. Official Code § 7–1671.12a) is amended as follows: 90
	96	+	(1) Subsection (a) is amended by striking the phrase “Board or the Mayor” both 91
	97	+	times it appears and inserting the word “Board” in its place. 92
	98	+	(2) Subsection (d) is amended by striking the phrase “Board or the Mayor” and 93
	99	+	inserting the word “Board” in its place. 94
	100	+	(3) Subsection (f) is amended by striking the phrase “Board or the Mayor” and 95
	101	+	inserting the word “Board” in its place. 96
	102	+	(f) New sections 15, 16, 17, and 18 are added to read as follows: 97
	103	+	“Sec. 15. Examination of premises, books, and records. 98
	104	+	“(a) An applicant for a license, and each licensee, shall allow any ABCA investigator, agent 99
	105	+	of the ABC Board, or any member of the Metropolitan Police Department full opportunity to 100
	106	+	examine, at any time during business hours: 101
	107	+	“(1) The premises where a cannabis product is manufactured, kept, sold, or 102
	108	+	consumed for which an application for a license has been made or for which a license has been 103
	109	+	issued; and 104
	110	+	“(2) The books and records of the business for which an application for a license 105
	111	+	has been made or for which a license has been issued. 106
185	112		5
186		-	(ii) Subparagraph (C) is amended by striking the phrase “D.C.
187		-	Official Code § 47-2844(a-2)(1B)” and inserting the phrase “section 9(f) of the Legalization of
188		-	Marijuana for Medical Treatment Initiative of 1999, effective July 27, 2010 (D.C. Law 18-210;
189		-	D.C. Official Code § 7-1671.08(f))” in its place.
190		-	(B) Paragraph (2) is amended by striking the phrase “provided to the
191		-	Alcoholic Beverage and Cannabis Administration,” and inserting the phrase “provided to” in its
192		-	place.
193		-	(2) Subsection (b) is amended as follows:
194		-	(A) The lead-in language is amended by striking the phrase “D.C. Official
195		-	Code § 47-2844(a-2)(1B)” and inserting the phrase “section 9(f) of the Legalization of Marijuana
196		-	for Medical Treatment Initiative of 1999, effective July 27, 2010 (D.C. Law 18-210; D.C.
197		-	Official Code § 7-1671.08(f))” in its place.
198		-	(B) Paragraph (1) is amended by striking the phrase “The Mayor” and
199		-	inserting the phrase “The ABC Board” in its place.
200		-	(C) Paragraph (2) is amended as follows:
201		-	(i) Subparagraph (A) is amended to read as follows:
202		-	“(A) The ABC Board shall require the commercial property owner to submit a
203		-	remediation plan within 14 days after the notice of a fine under paragraph (1) of this subsection
204		-	to the ABC Board that contains the commercial property owner's plan to prevent any future
205		-	violations of section 9(f) of the Legalization of Marijuana for Medical Treatment Initiative of
206		-	1999, effective July 27, 2010 (D.C. Law 18-210; D.C. Official Code § 7-1671.08(f)).”.
207		-	(ii) Subparagraph (B) is amended by striking the phrase “the
208		-	Mayor, in consultation with the Director of the Department of Licensing and Consumer
209		-	Protection, rejects the commercial property owner's remediation plan, the Mayor may issue
210		-	additional fines or revoke the commercial property owners’ licenses” and inserting the phrase
211		-	“the ABC Board rejects the commercial property owner’s remediation plan, the ABC Board may
212		-	issue additional fines” in its place.
213		-	(3) Subsection (c) is amended as follows:
214		-	(A) Paragraph (1) is amended by striking the phrase “Office of
215		-	Administrative Hearings” and inserting the phrase “Alcoholic Beverage and Cannabis Board
216		-	(“ABC Board”)” in its place.
217		-	(B) Paragraph (2) is amended by striking the phrase “Office of
218		-	Administrative Hearings” and inserting the phrase “ABC Board” in its place.
219		-	(C) Paragraph (3) is amended by striking the phrase “administrative law
220		-	judge” and inserting the phrase “ABC Board” in its place.
221		-	(4) Subsection (e)(1) is amended by striking the phrase “Office of Administrative
222		-	Hearings” and inserting the phrase “ABC Board” in its place.
223		-	(b) Section 9 is amended as follows:
224		-	(1) Subsection (a) is amended by striking the phrase “7, and 8” and inserting the
225		-	phrase “and 7” in its place. ENROLLED ORIGINAL
226		-
227		-
228		-
229		-
	113	+	“(b) ABCA investigators shall examine the premises and books and records of each 107
	114	+	licensed establishment in the District at least once each year. The investigators shall make 108
	115	+	reasonable efforts to ensure that the licensee shall know in advance the date of the inspection. 109
	116	+	“Sec. 16. Search warrants for illegal cannabis products; disposition of seized products. 110
	117	+	“If a search warrant is issued by any judge of the Superior Court of the District of Columbia 111
	118	+	or by a United States Magistrate for the District of Columbia for premises where any cannabis 112
	119	+	products are sold, exchanged as part of a commercial transaction, delivered, or permitted to be 113
	120	+	consumed in violation of this title, the cannabis product and any other property designed for use 114
	121	+	in connection with the unlawful manufacture for sale, keeping for sale, selling, or consumption 115
	122	+	may be seized and shall be subject to such disposition as the court may make thereof. 116
	123	+	“Sec. 17. Notifications from Department of Licensing and Consumer Protection, Office of 117
	124	+	Tax and Revenue, Fire and Emergency Medical Services Department, and Metropolitan Police 118
	125	+	Department. 119
	126	+	“(a) The Department of Licensing and Consumer Protection, the Office of Tax and 120
	127	+	Revenue, and the Fire and Emergency Medical Services Department shall notify the ABC Board 121
	128	+	if a licensed establishment is the subject of a citation, revocation, or other enforcement action for 122
	129	+	a violation of laws or regulations enforced by those agencies or offices within 30-calendar days 123
	130	+	after the citation, revocation, or other enforcement action. 124
	131	+	“(b) If a licensed establishment is the subject of an incident report by the Metropolitan 125
	132	+	Police Department, the Metropolitan Police Department shall file a copy of the incident report with 126
	133	+	the ABC Board within 30-calendar days after the incident. The ABC Board shall make the report 127
	134	+	available for public inspection upon request. 128
	135	+	“Sec. 18. Nuisance. 129
230	136		6
231		-	(2) Subsection (c)(2) is amended by striking the phrase “this act” and inserting the
232		-	phrase “the provisions identified in subsection (a) of this section” in its place.
233		-
234		-	Sec. 4. Fiscal impact statement.
235		-	The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact
236		-	statement required by section 4a of the General Legislative Procedures Act of 1975, approved
237		-	October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).
238		-
239		-	Sec. 5. Effective date.
240		-	This act shall take effect following approval by the Mayor (or in the event of veto by the
241		-	Mayor, action by the Council to override the veto), and shall remain in effect for no longer than
242		-	90 days, as provided for emergency acts of the Council of the District of Columbia in section
243		-	412(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 788;
244		-	D.C. Official Code §1-204.12(a)).
245		-
246		-
247		-
248		-
249		-	______________________________
250		-	Chairman
251		-	Council of the District of Columbia
252		-
253		-
254		-
255		-
256		-
257		-	_________________________________
258		-	Mayor
259		-	District of Columbia
260		-
261		-
262		-
	137	+	“(a) Any building, ground, or premises where cannabis is sold, exchanged as part of a 130
	138	+	commercial transaction, delivered, or permitted to be consumed by an unlicensed establishment 131
	139	+	shall be a nuisance, except any building, ground, or premises of an applicant that filed an accepted 132
	140	+	and pending application with the Board during the 90-calendar day open application period. 133
	141	+	“(b) An action to enjoin any nuisance defined in subsection (a) of this section may be 134
	142	+	brought in the name of the District of Columbia by the Attorney General for the District of 135
	143	+	Columbia in the Civil Branch of the Superior Court of the District of Columbia against any person 136
	144	+	conducting or maintaining such nuisance or knowingly permitting such nuisance to be conducted 137
	145	+	or maintained.”. 138
	146	+	Sec. 3. The Medical Cannabis Amendment Act of 2022, effective March 22, 2023 (D.C. 139
	147	+	Law 24-332; 70 DCR 1582), is amended as follows: 140
	148	+	(a) Section 8 (D.C. Official Code § 7-1675.01) is amended as follows: 141
	149	+	(1) Subsection (a) is amended as follows: 142
	150	+	(A) Paragraph (1) is amended as follows: 143
	151	+	(i) The lead-in language is amended by striking the phrase 144
	152	+	“Alcoholic Beverage and Cannabis Administration makes final determinations for the licensure of 145
	153	+	unlicensed establishments pursuant to §§ 7-1671.06a and 7-1671.06b, for the first violation 146
	154	+	of D.C. Official Code § 47-2844(a-2)(1B), the Mayor” and inserting the phrase “Alcoholic 147
	155	+	Beverage and Cannabis Board (“ABC Board”) makes final determinations for the licensure of 148
	156	+	unlicensed establishments pursuant to sections 7a and 7b of the Legalization of Marijuana for 149
	157	+	Medical Treatment Initiative of 1999, effective March 22, 2023 (D.C. Law 24-332; D.C. Official 150
	158	+	Code §§ 7-1671.06a and 7-1671.06b), for the first violation of section 9(f) of the Legalization of 151
	159	+	7
	160	+	Marijuana for Medical Treatment Initiative of 1999, effective July 27, 2010 (D.C. Law 18-210; 152
	161	+	D.C. Official Code § 7-1671.08(f)), the ABC Board ” in its place. 153
	162	+	(ii) Subparagraph (C) is amended by striking the phrase “D.C. 154
	163	+	Official Code § 47-2844(a-2)(1B)” and inserting the phrase “section 9(f) of the Legalization of 155
	164	+	Marijuana for Medical Treatment Initiative of 1999, effective July 27, 2010 (D.C. Law 18-210; 156
	165	+	D.C. Official Code § 7-1671.08(f))” in its place. 157
	166	+	(B) Paragraph (2) is amended by striking the phrase “provided to the 158
	167	+	Alcoholic Beverage and Cannabis Administration,” and inserting the phrase “provided to” in its 159
	168	+	place. 160
	169	+	(2) Subsection (b) is amended as follows: 161
	170	+	(A) The lead-in language is amended by striking the phrase “D.C. Official 162
	171	+	Code § 47-2844(a-2)(1B)” and inserting the phrase “section 9(f) of the Legalization of Marijuana 163
	172	+	for Medical Treatment Initiative of 1999, effective July 27, 2010 (D.C. Law 18-210; D.C. Official 164
	173	+	Code § 7-1671.08(f))” in its place. 165
	174	+	(B) Paragraph (1) is amended by striking the phrase “The Mayor” and 166
	175	+	inserting the phrase “The ABC Board” in its place. 167
	176	+	(C) Paragraph (2) is amended as follows: 168
	177	+	(i) Subparagraph (A) is amended to read as follows: 169
	178	+	“(2)(A) The ABC Board shall require the commercial property owner to submit a 170
	179	+	remediation plan within 14 days after the notice of a fine under paragraph (1) of this subsection to 171
	180	+	the ABC Board that contains the commercial property owner's plan to prevent any future violations 172
	181	+	of section 9(f) of the Legalization of Marijuana for Medical Treatment Initiative of 1999, effective 173
	182	+	July 27, 2010 (D.C. Law 18-210; D.C. Official Code § 7-1671.08(f)).”. 174
	183	+	8
	184	+	(ii) Subparagraph (B) is amended by striking the phrase “the Mayor, 175
	185	+	in consultation with the Director of the Department of Licensing and Consumer Protection, rejects 176
	186	+	the commercial property owner's remediation plan, the Mayor may issue additional fines or revoke 177
	187	+	the commercial property owners’ licenses” and inserting the phrase “the ABC Board rejects the 178
	188	+	commercial property owner’s remediation plan, the ABC Board may issue additional fines” in its 179
	189	+	place. 180
	190	+	(3) Subsection (c) is amended as follows: 181
	191	+	(A) Paragraph (1) is amended by striking the phrase “Office of 182
	192	+	Administrative Hearings” and inserting the phrase “Alcoholic Beverage and Cannabis Board 183
	193	+	(“ABC Board”)” in its place. 184
	194	+	(B) Paragraph (2) is amended by striking the phrase “Office of 185
	195	+	Administrative Hearings” and inserting the phrase “ABC Board” in its place. 186
	196	+	(C) Paragraph (3) is amended by striking the phrase “administrative law 187
	197	+	judge” and inserting the phrase “ABC Board” in its place. 188
	198	+	(4) Subsection (e)(1) is amended by striking the phrase “Office of Administrative 189
	199	+	Hearings” and inserting the phrase “ABC Board” in its place. 190
	200	+	(b) Section 9 is amended as follows: 191
	201	+	(1) Subsection (a) is amended by striking the phrase “7, and 8” and inserting the 192
	202	+	phrase “and 7” in its place. 193
	203	+	(2) Subsection (c)(2) is amended by striking the phrase “this act” and inserting the 194
	204	+	phrase “the provisions identified in subsection (a) of this section” in its place. 195
	205	+	Sec. 4. Fiscal impact statement. 196
	206	+	9
	207	+	The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact 197
	208	+	statement required by section 4a of the General Legislative Procedures Act of 1975, approved 198
	209	+	October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 199
	210	+	Sec. 5. Effective date. 200
	211	+	This act shall take effect following approval by the Mayor (or in the event of veto by the 201
	212	+	Mayor, action by the Council to override the veto), and shall remain in effect for no longer than 202
	213	+	90 days, as provided for emergency acts of the Council of the District of Columbia in section 203
	214	+	412(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 788; 204
	215	+	D.C. Official Code §1-204.12(a)). 205