District Of Columbia 2023-2024 Regular Session

District Of Columbia Council Bill B25-0677 Compare Versions

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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-
17-To amend, on a temporary basis, the Legalization of Marijuana for Medical Treatment Initiative
18-of 1999 to provide a deadline date by which existing cultivation centers and dispensaries
19-must file their applications with ABCA for additional medical cannabis facility licenses,
20-to not allow a cultivation center to also hold an internet retailer license,
21-to provide that the 2 cultivation center registration applicants that tied for second and
22-received the same total score after submitting a medical cannabis facility registration
23-application to the Alcoholic Beverage Control Board between November 29, 2021 and
24-March 28, 2022, be awarded a cultivation center registration, to provide that other
25-cultivation center and dispensary registration applicants that scored 150 points or more
26-after submitting a medical cannabis facility registration application to the Alcoholic
27-Beverage Control Board during the same open application period shall be considered for
28-a cultivation center or retailer registration, and to allow a cultivation center and
29-dispensary registration applicant that scored 150 points or more to change the location of
30-its facility without otherwise affecting the status of its application.
31-
32-
33-BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
34-act may be cited as the “Medical Cannabis Clarification Supplemental Temporary Amendment
35-Act of 2024”.
36-
37-Sec. 2. Section 7 of the Legalization of Marijuana for Medical Treatment Initiative of
38-1999, effective February 25, 2010 (D.C. Law 13-315; D.C. Official Code § 7-1671.06), is
39-amended as follows:
40-(a) Subsection (d) is amended as follows:
41- (1) Paragraph (2) is amended by striking the phrase “retailer or online retailer
42-license” and inserting the phrase “retailer license” in its place.
43- (2) A new paragraph (5) is added to read as follows:
44- “(5) Applications for additional licenses pursuant to paragraphs (1) through (3) of
45-this subsection shall be filed with ABCA by the existing cultivation center or dispensary by May
46-1, 2024.”. ENROLLED ORIGINAL
8+A BILL 1
9+ 2
10+25-677 3
11+ 4
12+IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 5
13+ 6
14+__________________ 7
15+ 8
16+ 9
17+To amend, on a temporary basis, the Legalization of Marijuana for Medical Treatment Initiative 10
18+of 1999 to provide a deadline date by which existing cultivation centers and dispensaries 11
19+must file their applications with ABCA for additional medical cannabis facility licenses, 12
20+to not allow a cultivation center to also hold an internet retailer license, 13
21+to provide that the 2 cultivation center registration applicants that tied for second and 14
22+received the same total score after submitting a medical cannabis facility registration 15
23+application to the Alcoholic Beverage Control Board between November 29, 2021 and 16
24+March 28, 2022, be awarded a cultivation center registration, to provide that other 17
25+cultivation center and dispensary registration applicants that scored 150 points or more 18
26+after submitting a medical cannabis facility registration application to the Alcoholic 19
27+Beverage Control Board during the same open application period shall be considered for 20
28+a cultivation center or retailer registration, and to allow a cultivation center and 21
29+dispensary registration applicant that scored 150 points or more to change the location of 22
30+its facility without otherwise affecting the status of its application. 23
31+ 24
32+ 25
33+BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 26
34+act may be cited as the “Medical Cannabis Clarification Supplemental Temporary Amendment 27
35+Act of 2024”. 28
36+Sec. 2. Section 7 of the Legalization of Marijuana for Medical Treatment Initiative of 29
37+1999, effective February 25, 2010 (D.C. Law 13-315; D.C. Official Code § 7-1671.06), is 30
38+amended as follows: 31
39+(a) Subsection (d) is amended as follows: 32 ENGROSSED ORIGINAL
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4841
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53-(b) Subsection (e)(1) is amended as follows
54- (1) Subparagraph (F) is amended by striking the phrase “retailer or internet
55-retailer license” and inserting the phrase “retailer license” in its place.
56- (2) A new subparagraph (G) is added to read as follows:
57- “(G) No licensee holding a cultivation center license shall hold an internet
58-retailer license.”.
59-(c) New subsections (w) and (x) are added to read as follows:
60- “(w)(1) The 2 cultivation center registration applicants that submitted a medical cannabis
61-facility registration application to the ABC Board between November 29, 2021 and March 28,
62-2022, that tied for second and received the same total score shall be awarded a cultivation center
63-registration.
64- “(2) A cultivation center registration applicant not referenced in paragraph (1) of
65-this subsection that scored 150 points or more during the same open application period shall be
66-considered for a cultivation center registration after May 1, 2023; provided, that the applicant
67-files a corrected application, including an application to change the facility location, with the
68-ABC Board by May 1, 2024. An applicant that scored 150 points or higher shall be allowed to
69-change the location of the cultivation center facility on its application by May 1, 2024, without
70-negatively affecting the status of the application.
71- “(3) An applicant that filed more than one cultivation center registration
72-application during the open application period with one or more of the same owners shall be
73-considered for only one cultivation center registration under this subsection.
74- “(4) An initial application fee paid by a cultivation center registration applicant
75-that scored 150 points or higher shall be credited by ABCA toward the entire cost of the
76-applicant’s cultivation center application fee.
77-“(x)(1) A dispensary registration applicant that submitted a medical cannabis facility
78-registration application to the ABC Board between November 29, 2021, and March 28, 2022,
79-and received 150 points or more shall be considered for a retailer registration no earlier than 180
80-calendar days after March 22, 2023. An applicant shall be allowed to change the location of the
81-retailer facility on its application by May 1, 2024, without negatively affecting the status of the
82-application.
83- “(2) An applicant that filed more than one dispensary registration application
84-during the open application period with one or more of the same owners shall be considered for
85-only one retailer registration under this subsection.
86- “(3) An initial application fee paid by a dispensary registration applicant that
87-scored 150 points or higher shall be credited by ABCA toward the entire cost of the applicant’s
88-retailer application fee.”.
89-
90-
91- ENROLLED ORIGINAL
46+ (1) Paragraph (2) is amended by striking the phrase “retailer or online retailer 33
47+license” and inserting the phrase “retailer license” in its place. 34
48+ (2) A new paragraph (5) is added to read as follows: 35
49+ “(5) Applications for additional licenses pursuant to paragraphs (1) through (3) of 36
50+this subsection shall be filed with ABCA by the existing cultivation center or dispensary by May 37
51+1, 2024.”. 38
52+(b) Subsection (e)(1) is amended as follows 39
53+ (1) Subparagraph (F) is amended by striking the phrase “retailer or internet 40
54+retailer license” and inserting the phrase “retailer license” in its place. 41
55+ (2) A new subparagraph (G) is added to read as follows: 42
56+ “(G) No licensee holding a cultivation center license shall hold an internet 43
57+retailer license.”. 44
58+(c) New subsections (w) and (x) are added to read as follows: 45
59+ “(w)(1) The 2 cultivation center registration applicants that submitted a medical cannabis 46
60+facility registration application to the ABC Board between November 29, 2021 and March 28, 47
61+2022, that tied for second and received the same total score shall be awarded a cultivation center 48
62+registration. 49
63+ “(2) A cultivation center registration applicant not referenced in paragraph (1) of 50
64+this subsection that scored 150 points or more during the same open application period shall be 51
65+considered for a cultivation center registration after May 1, 2023; provided, that the applicant 52 ENGROSSED ORIGINAL
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98- Sec. 3. Fiscal impact statement.
99- The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact
100-statement required by section 4a of the General Legislative Procedures Act of 1975, approved
101-October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a)).
102-
103- Sec. 4. Effective date.
104-(a) This act shall take effect following approval by the Mayor (or in the event of veto by
105-the Mayor, action by the Council to override the veto), and a 30-day period of congressional
106-review as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved
107-December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1).
108- (b) This act shall expire after 225 days of its having taken effect.
109-
110-
111-
112-______________________________
113-Chairman
114-Council of the District of Columbia
72+files a corrected application, including an application to change the facility location, with the 53
73+ABC Board by May 1, 2024. An applicant that scored 150 points or higher shall be allowed to 54
74+change the location of the cultivation center facility on its application by May 1, 2024, without 55
75+negatively affecting the status of the application. 56
76+ “(3) An applicant that filed more than one cultivation center registration 57
77+application during the open application period with one or more of the same owners shall be 58
78+considered for only one cultivation center registration under this subsection. 59
79+ “(4) An initial application fee paid by a cultivation center registration applicant 60
80+that scored 150 points or higher shall be credited by ABCA toward the entire cost of the 61
81+applicant’s cultivation center application fee. 62
82+“(x)(1) A dispensary registration applicant that submitted a medical cannabis facility 63
83+registration application to the ABC Board between November 29, 2021, and March 28, 2022, 64
84+and received 150 points or more shall be considered for a retailer registration no earlier than 180 65
85+calendar days after March 22, 2023. An applicant shall be allowed to change the location of the 66
86+retailer facility on its application by May 1, 2024, without negatively affecting the status of the 67
87+application. 68
88+ “(2) An applicant that filed more than one dispensary registration application 69
89+during the open application period with one or more of the same owners shall be considered for 70
90+only one retailer registration under this subsection. 71 ENGROSSED ORIGINAL
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120-_________________________________
121-Mayor
122-District of Columbia
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124-
125-
97+ “(3) An initial application fee paid by a dispensary registration applicant that 72
98+scored 150 points or higher shall be credited by ABCA toward the entire cost of the applicant’s 73
99+retailer application fee.”. 74
100+ Sec. 3. Fiscal impact statement. 75
101+ The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact 76
102+statement required by section 4a of the General Legislative Procedures Act of 1975, approved 77
103+October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 78
104+ Sec. 4. Effective date. 79
105+(a) This act shall take effect following approval by the Mayor (or in the event of veto by 80
106+the Mayor, action by the Council to override the veto), a 30-day period of congressional review 81
107+as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 82
108+24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1), and publication in the District of 83
109+Columbia register. 84
110+ (b) This act shall expire after 225 days of its having taken effect. 85