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A BILL 1
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25-679 3
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IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 6
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To amend, on a temporary basis, the Legalization of Marijuana for Medical Treatment Initiative 11
of 1999 to clarify which Advisory Neighborhood Commissions have standing to file a 12
protest and allow the Alcoholic Beverage and Cannabis Board to extend the public 13
comment period for up to 30-calendar days, to establish the requirement that all retailers 14
be located more than 400 feet from each other, to clarify that cultivation center, retailer, 15
and internet retailer licenses issued to unlicensed establishments count toward the overall 16
50% set aside requirement for social equity applicants, and to clarify the process for 17
unlicensed establishments being issued a medical cannabis cultivation center, retailer, or 18
internet retailer license. 19
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BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 21
act may be cited as the “Medical Cannabis License Clarification Temporary Amendment Act of 22
2024”. 23
Sec. 2. The Legalization of Marijuana for Medical Treatment Initiative of 1999, effective 24
February 25, 2010 (D.C. Law 13-315; D.C. Official Code § 7-1671.01 et seq.), is amended as 25
follows: 26
(a) Section 6(b)(18) (D.C. Official Code § 7-1671.05(b)(18)) is amended as follows: 27
(1) Subparagraph (A) is amended by striking the phrase “all Advisory 28 ENGROSSED ORIGINAL
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Neighborhood Commissions in the affected ward” and inserting the phrase "any Advisory 29
Neighborhood Commission within 600 feet of where the establishment is or will be located 30
(“affected ANC”)” in its place. 31
(2) A new subparagraph (E) is added to read as follows: 32
“(E) The ABC Board may extend the public comment period set forth in paragraph 33
(A) of this subsection by an additional 30-calendar days in response to a written request 34
submitted by either an affected ANC or the applicant.”. 35
(b) Section 7 (D.C. Official Code § 7-1671.06) is amended by adding a new subsection 36
(q-1) to read as follows: 37
“(q-1)(1) No retailer license shall be issued for a facility that is located within 400 38
feet from another facility operating under a retailer license. 39
“(2) In determining whether a retailer application is eligible to be 40
approved, the ABC Board shall ensure that the retailer application will not be located within 400 41
feet of a previously submitted retailer application filed timely by another applicant. 42
“(3) ABCA shall proceed forward with the application filed by the facility 43
that is first in time. If the application is subsequently denied, ABCA shall proceed with the 44
application that is second in time, third in time, et cetera, until an application is approved.”. 45
(c) Section 7a(e)(1) (D.C. Official Code § 7-1671.06a(e)(1)) is amended to read as 46
follows: 47
“(e)(1) Cultivation Center, Retailer, and Internet Retailer licenses issued under this 48 ENGROSSED ORIGINAL
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section shall count toward the 50% set aside requirement for social equity applicants set forth in 49
section 7(h).”. 50
(d) Section 7b(b) (D.C. Official Code § 7-1671.06b(b)) is amended as follows: 51
(1) Paragraph (1) is amended by striking the word “immediately” and inserting 52
the phrase “once its license is issued by ABCA” in its place. 53
(2) Paragraph (2) is redesignated as paragraph (3). 54
(3) A new paragraph (2) is added to read as follows: 55
“(2)(A) An unlicensed establishment that is approved for a cultivation center, 56
retailer, or internet retailer license shall obtain issuance of its license by the later date of either 57
September 30, 2024, or within 180 days of Board approval or have its Board approval rescinded. 58
“(B)(i) An unlicensed establishment that temporarily discontinues operations after 59
Board approval that is not involved in unlicensed activity may request that the Board extend the 60
deadline set forth in subparagraph (A) of this paragraph by one additional 180-day period to 61
allow the applicant to take steps to resume business operations at the applicant’s proposed 62
location. 63
“(ii) The Board shall approve the applicant’s extension request provided 64
that the applicant can demonstrate to the Board that the applicant is making reasonable progress 65
to resume business operations at the proposed location. 66 ENGROSSED ORIGINAL
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“(C) Notwithstanding paragraph A of this subsection, a cultivation center, retailer, 67
or internet retailer applicant shall cease any unlicensed activity once its license is issued by 68
ABCA.”. 69
Sec. 3. Fiscal impact statement. 70
The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact 71
statement required by section 4a of the General Legislative Procedures Act of 1975, approved 72
October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 73
Sec. 4. Effective date. 74
(a) This act shall take effect following approval by the Mayor (or in the event of veto by 75
the Mayor, action by the Council to override the veto), a 30-day period of congressional review 76
as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 77
24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1), and publication in the District of 78
Columbia register. 79
(b) This act shall expire after 225 days of its having taken effect. 80