District Of Columbia 2023-2024 Regular Session

District Of Columbia Council Bill B25-0649 Compare Versions

Version 1 (Old)

Version 2 (New)

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	1	+	ENGROSSED ORIGINAL
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7		-	AN ACT
8		-
9		-	_______________
10		-
11		-	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
12		-
13		-	___________________________
14		-
15		-
16		-	To amend, on a temporary basis, the Legalization of Marijuana for Medical Treatment Initiative
17		-	of 1999 to provide that it is unlawful for a licensed or unlicensed cultivation center,
18		-	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, to align the enforcement procedures
27		-	with those provided in Title 25 of the District of Columbia Official Code, and to clarify
28		-	that the Alcoholic Beverage and Cannabis Board has the authority to issue cease-and-
29		-	desist orders mandating compliance with the provisions of the Medical Cannabis
30		-	Program; and to amend the Medical Cannabis Amendment Act of 2022 to clarify that the
31		-	Alcoholic Beverage and Cannabis Board has authority to enforce against commercial
32		-	property owners of properties that are used to operate illegal cannabis businesses.
33		-
34		-	BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
35		-	act may be cited as the “Medical Cannabis Program Enforcement Temporary Amendment Act of
36		-	2024”.
37		-
38		-	Sec. 2. The Legalization of Marijuana for Medical Treatment Initiative of 1999, effective
39		-	February 25, 2010 (D.C. Law 13-315; D.C. Official Code § 7-1671.01 et seq.), is amended as
40		-	follows:
41		-	(a) Section 7 (D.C. Official Code § 7-1671.06) is amended by adding a new subsection
42		-	(c-1) to read as follows:
43		-	“(c-1) It shall be a violation of this act for any unlicensed or licensed cultivation center,
44		-	manufacturer, retailer, or internet retailer to represent that goods or services or the business is
45		-	compliant with the Legalization of Possession of Minimal Amounts of Marijuana for Personal
46		-	Use Initiative of 2014, effective February 26, 2015 (D.C. Law 20-153; D.C. Official Code § ENROLLED ORIGINAL
	7	+	A BILL 1
	8	+	2
	9	+	25-649 3
	10	+	4
	11	+	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 5
	12	+	6
	13	+	_____________________ 7
	14	+	8
	15	+	9
	16	+	To amend, on a temporary basis, the Legalization of Marijuana for Medical Treatment Initiative 10
	17	+	of 1999 to provide the Alcoholic Beverage and Cannabis Administration the ability to 11
	18	+	extend the 45-calendar day public comment period for cultivation center, retailer, or 12
	19	+	internet retailer licenses to an unlicensed establishment by an additional 30-calendar 13
	20	+	days, to clarify which persons have standing to protest the issuance of a cultivation 14
	21	+	center, retailer, or internet retailer license to an unlicensed establishment, to align the 15
	22	+	enforcement procedures with those provided in Title 25 of the District of Columbia 16
	23	+	Official Code, and to clarify that the Alcoholic Beverage and Cannabis Board has the 17
	24	+	authority to issue cease-and-desist orders mandating compliance with the provisions of 18
	25	+	the Medical Cannabis Program; and to amend the Medical Cannabis Amendment Act of 19
	26	+	2022 to clarify that the Alcoholic Beverage and Cannabis Board has authority to enforce 20
	27	+	against commercial property owners in whose properties are used to operate illegal 21
	28	+	cannabis businesses. 22
	29	+	23
	30	+	BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 24
	31	+	act may be cited as the “Medical Cannabis Program Enforcement Temporary Amendment Act of 25
	32	+	2024”. 26
	33	+	Sec. 2. The Legalization of Marijuana for Medical Treatment Initiative of 1999, effective 27
	34	+	February 25, 2010 (D.C. Law 13-315; D.C. Official Code § 7-1671.01 et seq.), is amended as 28
	35	+	follows: 29
	36	+	(a) Section 7 (D.C. Official Code § 7-1671.06) is amended by adding a new subsection 30
	37	+	(c-1) to read as follows: 31 ENGROSSED ORIGINAL
47	38
48	39
49	40
50	41
51	42		2
52		-	passim); except, that a licensed cultivation center, manufacturer, retailer, or internet retailer may
53		-	have signage indicating that there is medical cannabis on the property.”.
54		-	(b) Section 7a(h) (D.C. Official Code § 7-1671.06a(h)) is amended to read as follows:
55		-	“(h)(1) The ABC Board shall provide notice of complete and eligible cultivation center,
56		-	retailer, and internet retailer license applications received from unlicensed establishments to the
57		-	Ward Councilmember, and any Advisory Neighborhood Commission within 600 feet of where
58		-	the establishment is or will be located (“affected ANC”), for a 45-calendar day public comment
59		-	period. The ABC Board may extend the public comment period required by this paragraph by an
60		-	additional 30-calendar days in response to a written request submitted by either an affected ANC
61		-	or the applicant.
62		-	“(2) An affected ANC may protest the issuance of the license.
63		-	“(3) The ABC Board shall hold a contested case protest hearing within 120 days
64		-	of receiving a timely protest from an affected ANC pursuant to paragraph (2) of this subsection.
65		-	“(4) The provisions of this subsection shall apply to all applications submitted to
66		-	ABCA after the effective date of the Medical Cannabis Program Enforcement Emergency
67		-	Amendment Act of 2024, effective January 25, 2024 (D.C. Act 25-371; 71 DCR 1200).”.
68		-	(c) Section 7b (D.C. Official Code § 7–1671.06b) is amended by adding a new subsection
69		-	(e) to read as follows:
70		-	“(e) An unlicensed establishment shall not display signage or imagery advertising
71		-	relating to:
72		-	“(1) The prices of cannabis or cannabis product in the window;
73		-	“(2) Cannabis or a cannabis product on the exterior of any window or on the
74		-	exterior or interior of any door; or
75		-	“(3) Cannabis or a cannabis product on the exterior or visible from the exterior of
76		-	the unlicensed establishment or elsewhere in the District.”.
77		-	(d) Section 9 (D.C. Official Code § 7–1671.08) is amended as follows:
78		-	(1) Subsection (d) is amended by striking the phrase “licensed cultivation” and
79		-	inserting the phrase “licensed or unlicensed cultivation” in its place.
80		-	(2) A new subsection (f) is added to read as follows:
81		-	“(f) Beginning January 31, 2024, the ABC Board may issue the following fines to an
82		-	unlicensed establishment that violates section 7(c-1) or section 7b(e), or has not filed an accepted
83		-	and pending application with the ABC Board and knowingly engages or attempts to engage in
84		-	the purchase, sale, exchange, delivery, or any other form of commercial transaction involving
85		-	cannabis that is not purchased, sold, exchanged, or delivered in accordance with the provisions
86		-	of this act or section 401 of the District of Columbia Uniform Controlled Substances Act of
87		-	1981, effective August 5, 1981 (D.C. Law 4-29; D.C. Official Code § 48-904.01):
88		-	“(1) For the first violation, the ABC Board may issue a written warning to the
89		-	unlicensed establishment;
90		-	“(2) For the second violation, the ABC Board may:
91		-	“(A) Issue a fine in the amount of $10,000; and ENROLLED ORIGINAL
	43	+	“(c-1) It shall be a violation of this act for any unlicensed or licensed cultivation center, 32
	44	+	manufacturer, retailer, or internet retailer to represent that goods or services or the business is 33
	45	+	compliant with the Legalization of Possession of Minimal Amounts of Marijuana for Personal 34
	46	+	Use Initiative of 2014, effective February 26, 2015 (D.C. Law 20-153; D.C. Official Code § 35
	47	+	passim); provided, that a licensed cultivation center, manufacturer, retailer, or internet retailer 36
	48	+	may have signage indicating that there is medical cannabis on the property.”. 37
	49	+	(b) Section 7a(h) (D.C. Official Code § 7-1671.06a(h)) is amended to read as follows: 38
	50	+	“(h)(1) The ABC Board shall provide notice of complete and eligible cultivation center, 39
	51	+	retailer, and internet retailer license applications received from unlicensed establishments to the 40
	52	+	Councilmember, and any Advisory Neighborhood Commission within 600 feet of where the 41
	53	+	establishment is or will be located (“affected ANC”), for a 45-calendar day public comment 42
	54	+	period. The ABC Board may extend the public comment period required by this paragraph in 43
	55	+	response to a written request submitted by either an affected ANC or the applicant by an 44
	56	+	additional 30-calendar days. 45
	57	+	“(2) An affected ANC may protest the issuance of the license. 46
	58	+	“(3) The ABC Board shall hold a contested case protest hearing within 120 days 47
	59	+	of receiving a timely protest from an affected ANC pursuant to paragraph (2) of this subsection. 48
	60	+	“(4) The provisions of this subsection shall apply to all applications submitted to 49
	61	+	ABCA after the effective date of the Medical Cannabis Program Enforcement Emergency 50 ENGROSSED ORIGINAL
92	62
93	63
94	64
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96	66		3
97		-	“(B) Require the unlicensed establishment to submit a remediation plan to
98		-	the ABC Board that contains the unlicensed establishment’s plan to prevent any future
99		-	recurrence of purchasing, selling, exchanging, delivering, or otherwise transacting any cannabis
100		-	that is not purchased, sold, exchanged, or delivered in accordance with the provisions of this act
101		-	or section 401 of the District of Columbia Uniform Controlled Substances Act of 1981, effective
102		-	August 5, 1981 (D.C. Law 4-29; D.C. Official Code § 48-904.01); and
103		-	“(3) For any subsequent violations or if the unlicensed establishment fails to
104		-	submit a remediation plan in accordance with paragraph (2) of this subsection, or if the ABC
105		-	Board rejects the unlicensed establishment’s remediation plan, the ABC Board may issue
106		-	additional fines.”.
107		-	(e) Section 13a (D.C. Official Code § 7–1671.12a) is amended as follows:
108		-	(1) Subsection (a) is amended by striking the phrase “Board or the Mayor” both
109		-	times it appears and inserting the word “Board” in its place.
110		-	(2) Subsection (d) is amended by striking the phrase “Board or the Mayor” and
111		-	inserting the word “Board” in its place.
112		-	(3) Subsection (f) is amended by striking the phrase “Board or the Mayor” and
113		-	inserting the word “Board” in its place.
114		-	(f) New sections 13b, 13c, 13d, and 13e are added to read as follows:
115		-	“Sec. 13b. Examination of premises, books, and records.
116		-	“(a) An applicant for a license, and each licensee, shall allow any ABCA investigator,
117		-	agent of the ABC Board, or any member of the Metropolitan Police Department full opportunity
118		-	to examine, at any time during business hours:
119		-	“(1) The premises where a cannabis product is manufactured, kept, sold, or
120		-	consumed for which an application for a license has been made or for which a license has been
121		-	issued; and
122		-	“(2) The books and records of the business for which an application for a license
123		-	has been made or for which a license has been issued.
124		-	“(b) ABCA investigators shall examine the premises and books and records of each
125		-	licensed establishment in the District at least once each year. The investigators shall make
126		-	reasonable efforts to ensure that the licensee shall know in advance the date of the inspection.
127		-	“Sec. 13c. Search warrants for illegal cannabis products; disposition of seized products.
128		-	“If a search warrant is issued by any judge of the Superior Court of the District of
129		-	Columbia or by a United States Magistrate for the District of Columbia for premises where any
130		-	cannabis products are sold, exchanged as part of a commercial transaction, delivered, or
131		-	permitted to be consumed in violation of this title, the cannabis product and any other property
132		-	designed for use in connection with the unlawful manufacture for sale, keeping for sale, selling,
133		-	or consumption may be seized and shall be subject to such disposition as the court may make
134		-	thereof. ENROLLED ORIGINAL
	67	+	Amendment Act of 2024, passed on emergency basis on January 9, 2024 (Enrolled version of 51
	68	+	Bill 25-XXX).”. 52
	69	+	(c) Section 7b (D.C. Official Code § 7–1671.06b) is amended by adding a new subsection 53
	70	+	(e) to read as follows: 54
	71	+	“(e) An unlicensed establishment shall not display signage or imagery advertising 55
	72	+	relating to: 56
	73	+	“(1) The prices of cannabis or cannabis product in the window; 57
	74	+	“(2) Cannabis or a cannabis product on the exterior of any window or on the 58
	75	+	exterior or interior of any door; or 59
	76	+	“(3) Cannabis or a cannabis product on the exterior or visible from the exterior of 60
	77	+	the unlicensed establishment or elsewhere in the District.”. 61
	78	+	(d) Section 9 (D.C. Official Code § 7–1671.08) is amended as follows: 62
	79	+	(1) Subsection (d) is amended by striking the phrase “licensed cultivation” and 63
	80	+	inserting the phrase “licensed or unlicensed cultivation” in its place. 64
	81	+	(2) A new subsection (f) is added to read as follows: 65
	82	+	“(f) Beginning January 31, 2024, the ABC Board may issue the following fines to an 66
	83	+	unlicensed establishment that violates section 7(c-1) or 7b(e), or has not filed an accepted and 67
	84	+	pending application with the ABC Board and knowingly engages or attempts to engage in the 68
	85	+	purchase, sale, exchange, delivery, or any other form of commercial transaction involving 69
	86	+	cannabis that is not purchased, sold, exchanged, or delivered in accordance with the provisions 70 ENGROSSED ORIGINAL
135	87
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137	89
138	90
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140		-	“Sec. 13d. Notifications from Department of Licensing and Consumer Protection, Office
141		-	of Tax and Revenue, Fire and Emergency Medical Services Department, and Metropolitan Police
142		-	Department.
143		-	“(a) The Department of Licensing and Consumer Protection, the Office of Tax and
144		-	Revenue, and the Fire and Emergency Medical Services Department shall notify the ABC Board
145		-	if a licensed establishment is the subject of a citation, revocation, or other enforcement action for
146		-	a violation of laws or regulations enforced by those agencies or offices within 30-calendar days
147		-	after the citation, revocation, or other enforcement action.
148		-	“(b) If a licensed establishment is the subject of an incident report by the Metropolitan
149		-	Police Department, the Metropolitan Police Department shall file a copy of the incident report
150		-	with the ABC Board within 30-calendar days after the incident. The ABC Board shall make the
151		-	report available for public inspection upon request.
152		-	“Sec. 13e. Nuisance.
153		-	“(a) Any building, ground, or premises where cannabis is sold, exchanged as part of a
154		-	commercial transaction, delivered, or permitted to be consumed by an unlicensed establishment
155		-	shall be a nuisance, except any building, ground, or premises of an applicant that filed an
156		-	accepted and pending application with the Board during the 90-calendar day open application
157		-	period.
158		-	“(b) An action to enjoin any nuisance defined in subsection (a) of this section may be
159		-	brought in the name of the District of Columbia by the Attorney General for the District of
160		-	Columbia in the Civil Branch of the Superior Court of the District of Columbia against any
161		-	person conducting or maintaining such nuisance or knowingly permitting such nuisance to be
162		-	conducted or maintained.”.
163		-
164		-	Sec. 3. The Medical Cannabis Amendment Act of 2022, effective March 22, 2023 (D.C.
165		-	Law 24-332; 70 DCR 1582), is amended as follows:
166		-	(a) Section 8 (D.C. Official Code § 7-1675.01) is amended as follows:
167		-	(1) Subsection (a) is amended as follows:
168		-	(A) Paragraph (1) is amended as follows:
169		-	(i) The lead-in language is amended by striking the phrase
170		-	“Alcoholic Beverage and Cannabis Administration makes final determinations for the licensure
171		-	of unlicensed establishments pursuant to §§ 7-1671.06a and 7-1671.06b, for the first violation
172		-	of D.C. Official Code § 47-2844(a-2)(1B), the Mayor” and inserting the phrase “Alcoholic
173		-	Beverage and Cannabis Board (“ABC Board”) makes final determinations for the licensure of
174		-	unlicensed establishments pursuant to sections 7a and 7b of the Legalization of Marijuana for
175		-	Medical Treatment Initiative of 1999, effective March 22, 2023 (D.C. Law 24-332; D.C. Official
176		-	Code §§ 7-1671.06a and 7-1671.06b), for the first violation of section 9(f) of the Legalization of
177		-	Marijuana for Medical Treatment Initiative of 1999, effective July 27, 2010 (D.C. Law 18-210;
178		-	D.C. Official Code § 7-1671.08(f)), the ABC Board ” in its place. ENROLLED ORIGINAL
	92	+	of this act or section 401 of the District of Columbia Uniform Controlled Substances Act of 71
	93	+	1981, effective August 5, 1981 (D.C. Law 4-29; D.C. Official Code § 48-904.01): 72
	94	+	“(1) For the first violation, the ABC Board may issue a written warning to the 73
	95	+	unlicensed establishment; 74
	96	+	“(2) For the second violation, the ABC Board may: 75
	97	+	“(A) Issue a fine in the amount of $10,000; and 76
	98	+	“(B) Require the unlicensed establishment to submit a remediation plan to 77
	99	+	the ABC Board that contains the unlicensed establishment’s plan to prevent any future 78
	100	+	recurrence of purchasing, selling, exchanging, delivering, or otherwise transacting any cannabis 79
	101	+	that is not purchased, sold, exchanged, or delivered in accordance with the provisions of this act 80
	102	+	or section 401 of the District of Columbia Uniform Controlled Substances Act of 1981, effective 81
	103	+	August 5, 1981 (D.C. Law 4-29; D.C. Official Code § 48-904.01); and 82
	104	+	“(3) For any subsequent violations or if the unlicensed establishment fails to 83
	105	+	submit a remediation plan in accordance with paragraph (2) of this subsection, or if the ABC 84
	106	+	Board rejects the unlicensed establishment’s remediation plan, the ABC Board may issue 85
	107	+	additional fines.”. 86
	108	+	(e) Section 13a (D.C. Official Code § 7–1671.12a) is amended as follows: 87
	109	+	(1) Subsection (a) is amended by striking the phrase “Board or the Mayor” both 88
	110	+	times it appears and inserting the word “Board” in its place. 89 ENGROSSED ORIGINAL
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180	112
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183	115		5
184		-	(ii) Subparagraph (C) is amended by striking the phrase “D.C.
185		-	Official Code § 47-2844(a-2)(1B)” and inserting the phrase “section 9(f) of the Legalization of
186		-	Marijuana for Medical Treatment Initiative of 1999, effective July 27, 2010 (D.C. Law 18-210;
187		-	D.C. Official Code § 7-1671.08(f))” in its place.
188		-	(B) Paragraph (2) is amended by striking the phrase “provided to the
189		-	Alcoholic Beverage and Cannabis Administration,” and inserting the phrase “provided to” in its
190		-	place.
191		-	(2) Subsection (b) is amended as follows:
192		-	(A) The lead-in language is amended by striking the phrase “D.C. Official
193		-	Code § 47-2844(a-2)(1B)” and inserting the phrase “section 9(f) of the Legalization of Marijuana
194		-	for Medical Treatment Initiative of 1999, effective July 27, 2010 (D.C. Law 18-210; D.C.
195		-	Official Code § 7-1671.08(f))” in its place.
196		-	(B) Paragraph (1) is amended by striking the phrase “The Mayor” and
197		-	inserting the phrase “The ABC Board” in its place.
198		-	(C) Paragraph (2) is amended as follows:
199		-	(i) Subparagraph (A) is amended to read as follows:
200		-	“(A) The ABC Board shall require the commercial property owner to submit a
201		-	remediation plan within 14 days after the notice of a fine under paragraph (1) of this subsection
202		-	to the ABC Board that contains the commercial property owner's plan to prevent any future
203		-	violations of section 9(f) of the Legalization of Marijuana for Medical Treatment Initiative of
204		-	1999, effective July 27, 2010 (D.C. Law 18-210; D.C. Official Code § 7-1671.08(f)).”.
205		-	(ii) Subparagraph (B) is amended by striking the phrase “the
206		-	Mayor, in consultation with the Director of the Department of Licensing and Consumer
207		-	Protection, rejects the commercial property owner's remediation plan, the Mayor may issue
208		-	additional fines or revoke the commercial property owners’ licenses” and inserting the phrase
209		-	“the ABC Board rejects the commercial property owner’s remediation plan, the ABC Board may
210		-	issue additional fines” in its place.
211		-	(3) Subsection (c) is amended as follows:
212		-	(A) Paragraph (1) is amended by striking the phrase “Office of
213		-	Administrative Hearings” and inserting the phrase “Alcoholic Beverage and Cannabis Board
214		-	(“ABC Board”)” in its place.
215		-	(B) Paragraph (2) is amended by striking the phrase “Office of
216		-	Administrative Hearings” and inserting the phrase “ABC Board” in its place.
217		-	(C) Paragraph (3) is amended by striking the phrase “administrative law
218		-	judge” and inserting the phrase “ABC Board” in its place.
219		-	(4) Subsection (e)(1) is amended by striking the phrase “Office of Administrative
220		-	Hearings” and inserting the phrase “ABC Board” in its place.
221		-	(b) Section 9 is amended as follows:
222		-	(1) Subsection (a) is amended by striking the phrase “7, and 8” and inserting the
223		-	phrase “and 7” in its place. ENROLLED ORIGINAL
	116	+	(2) Subsection (d) is amended by striking the phrase “Board or the Mayor” and 90
	117	+	inserting the word “Board” in its place. 91
	118	+	(3) Subsection (f) is amended by striking the phrase “Board or the Mayor” and 92
	119	+	inserting the word “Board” in its place. 93
	120	+	(f) New sections 15, 16, 17, and 18 are added to read as follows: 94
	121	+	“Sec. 15. Examination of premises, books, and records. 95
	122	+	“(a) An applicant for a license, and each licensee, shall allow any ABCA investigator, 96
	123	+	agent of the ABC Board, or any member of the Metropolitan Police Department full opportunity 97
	124	+	to examine, at any time during business hours: 98
	125	+	“(1) The premises where a cannabis product is manufactured, kept, sold, or 99
	126	+	consumed for which an application for a license has been made or for which a license has been 100
	127	+	issued; and 101
	128	+	“(2) The books and records of the business for which an application for a license 102
	129	+	has been made or for which a license has been issued. 103
	130	+	“(b) ABCA investigators shall examine the premises and books and records of each 104
	131	+	licensed establishment in the District at least once each year. The investigators shall make 105
	132	+	reasonable efforts to ensure that the licensee shall know in advance the date of the inspection. 106
	133	+	“Sec. 16. Search warrants for illegal cannabis products; disposition of seized products. 107
	134	+	“If a search warrant is issued by any judge of the Superior Court of the District of 108
	135	+	Columbia or by a United States Magistrate for the District of Columbia for premises where any 109 ENGROSSED ORIGINAL
224	136
225	137
226	138
227	139
228	140		6
229		-	(2) Subsection (c)(2) is amended by striking the phrase “this act” and inserting the
230		-	phrase “the provisions identified in subsection (a) of this section” in its place.
231		-
232		-
233		-	Sec. 4. Fiscal impact statement.
234		-	The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact
235		-	statement required by section 4a of the General Legislative Procedures Act of 1975, approved
236		-	October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).
237		-
238		-	Sec. 5. Effective date.
239		-	(a) This act shall take effect following approval by the Mayor (or in the event of veto by
240		-	the Mayor, action by the Council to override the veto), a 30-day period of congressional review
241		-	as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December
242		-	24, 1973 (87 Stat. 813; D.C. Official Code §1-206.02(c)(1)).
243		-	(b) This act shall expire after 225 days of its having effect.
	141	+	cannabis products are sold, exchanged as part of a commercial transaction, delivered, or 110
	142	+	permitted to be consumed in violation of this title, the cannabis product and any other property 111
	143	+	designed for use in connection with the unlawful manufacture for sale, keeping for sale, selling, 112
	144	+	or consumption may be seized and shall be subject to such disposition as the court may make 113
	145	+	thereof. 114
	146	+	“Sec. 17. Notifications from Department of Licensing and Consumer Protection, Office 115
	147	+	of Tax and Revenue, Fire and Emergency Medical Services Department, and Metropolitan Police 116
	148	+	Department. 117
	149	+	“(a) The Department of Licensing and Consumer Protection, the Office of Tax and 118
	150	+	Revenue, and the Fire and Emergency Medical Services Department shall notify the ABC Board 119
	151	+	if a licensed establishment is the subject of a citation, revocation, or other enforcement action for 120
	152	+	a violation of laws or regulations enforced by those agencies or offices within 30-calendar days 121
	153	+	after the citation, revocation, or other enforcement action. 122
	154	+	“(b) If a licensed establishment is the subject of an incident report by the Metropolitan 123
	155	+	Police Department, the Metropolitan Police Department shall file a copy of the incident report 124
	156	+	with the ABC Board within 30-calendar days after the incident. The ABC Board shall make the 125
	157	+	report available for public inspection upon request. 126
	158	+	“Sec. 18. Nuisance. 127
	159	+	“(a) Any building, ground, or premises where cannabis is sold, exchanged as part of a 128
	160	+	commercial transaction, delivered, or permitted to be consumed by an unlicensed establishment 129 ENGROSSED ORIGINAL
244	161
245	162
246	163
247	164
248		-	______________________________
249		-	Chairman
250		-	Council of the District of Columbia
	165	+	7
	166	+	shall be a nuisance, except any building, ground, or premises of an applicant that filed an 130
	167	+	accepted and pending application with the Board during the 90-calendar day open application 131
	168	+	period. 132
	169	+	“(b) An action to enjoin any nuisance defined in subsection (a) of this section may be 133
	170	+	brought in the name of the District of Columbia by the Attorney General for the District of 134
	171	+	Columbia in the Civil Branch of the Superior Court of the District of Columbia against any 135
	172	+	person conducting or maintaining such nuisance or knowingly permitting such nuisance to be 136
	173	+	conducted or maintained.”. 137
	174	+	Sec. 3. The Medical Cannabis Amendment Act of 2022, effective March 22, 2023 (D.C. 138
	175	+	Law 24-332; 70 DCR 1582), is amended as follows: 139
	176	+	(a) Section 8 (D.C. Official Code § 7-1675.01) is amended as follows: 140
	177	+	(1) Subsection (a) is amended as follows: 141
	178	+	(A) Paragraph (1) is amended as follows: 142
	179	+	(i) The lead-in language is amended by striking the phrase 143
	180	+	“Alcoholic Beverage and Cannabis Administration makes final determinations for the licensure 144
	181	+	of unlicensed establishments pursuant to §§ 7-1671.06a and 7-1671.06b, for the first violation 145
	182	+	of D.C. Official Code § 47-2844(a-2)(1B), the Mayor” and inserting the phrase “Alcoholic 146
	183	+	Beverage and Cannabis Board (“ABC Board”) makes final determinations for the licensure of 147
	184	+	unlicensed establishments pursuant to sections 7a and 7b of the Legalization of Marijuana for 148
	185	+	Medical Treatment Initiative of 1999, effective March 22, 2023 (D.C. Law 24-332; D.C. Official 149 ENGROSSED ORIGINAL
251	186
252	187
253	188
254	189
255		-	_________________________________
256		-	Mayor
257		-	District of Columbia
	190	+	8
	191	+	Code §§ 7-1671.06a and 7-1671.06b), for the first violation of section 9(f) of the Legalization of 150
	192	+	Marijuana for Medical Treatment Initiative of 1999, effective July 27, 2010 (D.C. Law 18-210; 151
	193	+	D.C. Official Code § 7-1671.08(f)), the ABC Board ” in its place. 152
	194	+	(ii) Subparagraph (C) is amended by striking the phrase “D.C. 153
	195	+	Official Code § 47-2844(a-2)(1B)” and inserting the phrase “section 9(f) of the Legalization of 154
	196	+	Marijuana for Medical Treatment Initiative of 1999, effective July 27, 2010 (D.C. Law 18-210; 155
	197	+	D.C. Official Code § 7-1671.08(f))” in its place. 156
	198	+	(B) Paragraph (2) is amended by striking the phrase “provided to the 157
	199	+	Alcoholic Beverage and Cannabis Administration,” and inserting the phrase “provided to” in its 158
	200	+	place. 159
	201	+	(2) Subsection (b) is amended as follows: 160
	202	+	(A) The lead-in language is amended by striking the phrase “D.C. Official 161
	203	+	Code § 47-2844(a-2)(1B)” and inserting the phrase “section 9(f) of the Legalization of Marijuana 162
	204	+	for Medical Treatment Initiative of 1999, effective July 27, 2010 (D.C. Law 18-210; D.C. 163
	205	+	Official Code § 7-1671.08(f))” in its place. 164
	206	+	(B) Paragraph (1) is amended by striking the phrase “The Mayor” and 165
	207	+	inserting the phrase “The ABC Board” in its place. 166
	208	+	(C) Paragraph (2) is amended as follows: 167
	209	+	(i) Subparagraph (A) is amended to read as follows: 168 ENGROSSED ORIGINAL
258	210
259	211
260	212
	213	+
	214	+	9
	215	+	“(2)(A) The ABC Board shall require the commercial property owner to submit a 169
	216	+	remediation plan within 14 days after the notice of a fine under paragraph (1) of this subsection 170
	217	+	to the ABC Board that contains the commercial property owner's plan to prevent any future 171
	218	+	violations of section 9(f) of the Legalization of Marijuana for Medical Treatment Initiative of 172
	219	+	1999, effective July 27, 2010 (D.C. Law 18-210; D.C. Official Code § 7-1671.08(f)).”. 173
	220	+	(ii) Subparagraph (B) is amended by striking the phrase “the 174
	221	+	Mayor, in consultation with the Director of the Department of Licensing and Consumer 175
	222	+	Protection, rejects the commercial property owner's remediation plan, the Mayor may issue 176
	223	+	additional fines or revoke the commercial property owners’ licenses” and inserting the phrase 177
	224	+	“the ABC Board rejects the commercial property owner’s remediation plan, the ABC Board may 178
	225	+	issue additional fines” in its place. 179
	226	+	(3) Subsection (c) is amended as follows: 180
	227	+	(A) Paragraph (1) is amended by striking the phrase “Office of 181
	228	+	Administrative Hearings” and inserting the phrase “Alcoholic Beverage and Cannabis Board 182
	229	+	(“ABC Board”)” in its place. 183
	230	+	(B) Paragraph (2) is amended by striking the phrase “Office of 184
	231	+	Administrative Hearings” and inserting the phrase “ABC Board” in its place. 185
	232	+	(C) Paragraph (3) is amended by striking the phrase “administrative law 186
	233	+	judge” and inserting the phrase “ABC Board” in its place. 187 ENGROSSED ORIGINAL
	234	+
	235	+
	236	+
	237	+
	238	+	10
	239	+	(4) Subsection (e)(1) is amended by striking the phrase “Office of Administrative 188
	240	+	Hearings” and inserting the phrase “ABC Board” in its place. 189
	241	+	(b) Section 9 is amended as follows: 190
	242	+	(1) Subsection (a) is amended by striking the phrase “7, and 8” and inserting the 191
	243	+	phrase “and 7” in its place. 192
	244	+	(2) Subsection (c)(2) is amended by striking the phrase “this act” and inserting the 193
	245	+	phrase “the provisions identified in subsection (a) of this section” in its place. 194
	246	+	Sec. 4. Fiscal impact statement. 195
	247	+	The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact 196
	248	+	statement required by section 4a of the General Legislative Procedures Act of 1975, approved 197
	249	+	October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 198
	250	+	Sec. 5. Effective date. 199
	251	+	(a) This act shall take effect following approval by the Mayor (or in the event of veto by 200
	252	+	the Mayor, action by the Council to override the veto), a 30-day period of congressional review 201
	253	+	as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 202
	254	+	24, 1973 (87 Stat. 813; D.C. Official Code §1-206.02(c)(1)), and publication in the District of 203
	255	+	Columbia Register. 204
	256	+	(b) This act shall expire after 225 days of its having effect. 205