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Councilmember Kenyan R. McDuffie 3
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A BILL 8
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IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 13
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To amend, on a temporary basis, the Legalization of Marijuana for Medical Treatment Initiative 18
of 1999 to clarify which Advisory Neighborhood Commissions have standing to file a 19
protest and allow the Alcoholic Beverage and Cannabis Board to extend the public 20
comment period for up to 30-calendar days, to establish the requirement that all retailers 21
be located more than 400 feet from each other, to clarify that cultivation center, retailer, 22
and internet retailer licenses issued to unlicensed establishments count toward the overall 23
50% set aside requirement for social equity applicants, and to clarify the process for 24
unlicensed establishments being issued a medical cannabis cultivation center, retailer, or 25
internet retailer license. 26
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BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 28
act may be cited as the “Medical Cannabis License Clarification Temporary Amendment Act of 29
2024”. 30
Sec. 2. The Legalization of Marijuana for Medical Treatment Initiative of 1999, effective 31
February 25, 2010 (D.C. Law 13-315; D.C. Official Code § 7-1671.01 et seq.), is amended as 32
follows: 33
(a) Section 6(b)(18) (D.C. Official Code § 7-1671.05(b)(18)) is amended as follows: 34
(1) Subparagraph (A) is amended by striking the phrase “all Advisory 35 2
Neighborhood Commissions in the affected ward” and inserting the phrase "any Advisory 36
Neighborhood Commission within 600 feet of where the establishment is or will be located 37
(“affected ANC”)” in its place. 38
(2) A new subparagraph (E) is added to read as follows: 39
“(E) The ABC Board may extend the public comment period set forth in paragraph 40
(A) of this subsection by an additional 30-calendar days in response to a written request 41
submitted by either an affected ANC or the applicant.”. 42
(b) Section 7 (D.C. Official Code § 7-1671.06) is amended by adding a new subsection 43
(q-1) to read as follows: 44
“(q-1)(1) No retailer license shall be issued for a facility that is located within 400 45
feet from another facility operating under a retailer license. 46
“(2) In determining whether a retailer application is eligible to be 47
approved, the ABC Board shall ensure that the retailer application will not be located within 400 48
feet of a previously submitted retailer application filed timely by another applicant. 49
“(3) ABCA shall proceed forward with the application filed by the facility 50
that is first in time. If the application is subsequently denied, ABCA shall proceed with the 51
application that is second in time, third in time, et cetera, until an application is approved.”. 52
(c) Section 7a(e)(1) (D.C. Official Code § 7-1671.06a(e)(1)) is amended to read as 53
follows: 54
“(e)(1) Cultivation Center, Retailer, and Internet Retailer licenses issued under this 55
section shall count toward the 50% set aside requirement for social equity applicants set forth in 56
section 7(h).”. 57
(d) Section 7b(b) (D.C. Official Code § 7-1671.06b(b)) is amended as follows: 58 3
(1) Paragraph (1) is amended by striking the word “immediately” and inserting 59
the phrase “once its license is issued by ABCA” in its place. 60
(2) Paragraph (2) is redesignated as paragraph (3). 61
(3) A new paragraph (2) is added to read as follows: 62
“(2)(A) An unlicensed establishment that is approved for a cultivation center, 63
retailer, or internet retailer license shall obtain issuance of its license by the later date of either 64
September 30, 2024, or within 180 days of Board approval or have its Board approval rescinded. 65
“(B)(i) An unlicensed establishment that temporarily discontinues operations after 66
Board approval that is not involved in unlicensed activity may request that the Board extend the 67
deadline set forth in subparagraph (A) of this paragraph by one additional 180-day period to 68
allow the applicant to take steps to resume business operations at the applicant’s proposed 69
location. 70
“(ii) The Board shall approve the applicant’s extension request provided 71
that the applicant can demonstrate to the Board that the applicant is making reasonable progress 72
to resume business operations at the proposed location. 73
“(C) Notwithstanding paragraph A of this subsection, a cultivation center, retailer, 74
or internet retailer applicant shall cease any unlicensed activity once its license is issued by 75
ABCA.”. 76
Sec. 3. Fiscal impact statement. 77
The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact 78
statement required by section 4a of the General Legislative Procedures Act of 1975, approved 79
October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 80
Sec. 4. Effective date. 81 4
(a) This act shall take effect following approval by the Mayor (or in the event of veto by 82
the Mayor, action by the Council to override the veto), a 30-day period of congressional review 83
as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 84
24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1), and publication in the District of 85
Columbia register. 86
(b) This act shall expire after 225 days of its having taken effect. 87