District Of Columbia 2023-2024 Regular Session

District Of Columbia Council Bill B25-0679 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
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	1	+	ENGROSSED ORIGINAL
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8		-	AN ACT
9		-
10		-	______________
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12		-
13		-	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
14		-
15		-	___________________________
16		-
17		-
18		-	To amend, on a temporary basis, the Legalization of Marijuana for Medical Treatment Initiative
19		-	of 1999 to clarify which Advisory Neighborhood Commissions have standing to file a
20		-	protest and allow the Alcoholic Beverage and Cannabis Board to extend the public
21		-	comment period for up to 30 calendar days, to establish the requirement that all retailers
22		-	be located more than 400 feet from each other, to clarify that cultivation center, retailer,
23		-	and internet retailer licenses issued to unlicensed establishments count toward the overall
24		-	50% set aside requirement for social equity applicants, and to clarify the process for
25		-	unlicensed establishments being issued a medical cannabis cultivation center, retailer, or
26		-	internet retailer license.
27		-
28		-	BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
29		-	act may be cited as the “Medical Cannabis License Clarification Temporary Amendment Act of
30		-	2024”.
31		-
32		-	Sec. 2. The Legalization of Marijuana for Medical Treatment Initiative of 1999, effective
33		-	February 25, 2010 (D.C. Law 13-315; D.C. Official Code § 7-1671.01 et seq.), is amended as
34		-	follows:
35		-	(a) Section 6(b)(18) (D.C. Official Code § 7-1671.05(b)(18)) is amended as follows:
36		-	(1) Subparagraph (A) is amended by striking the phrase “all Advisory
37		-	Neighborhood Commissions in the affected ward” and inserting the phrase "any Advisory
38		-	Neighborhood Commission within 600 feet of where the establishment is or will be located
39		-	(“affected ANC”)” in its place.
40		-	(2) A new subparagraph (E) is added to read as follows:
41		-	“(E) The ABC Board may extend the public comment period set forth in paragraph
42		-	(A) of this subsection by an additional 30 calendar days in response to a written request
43		-	submitted by either an affected ANC or the applicant.”.
44		-	(b) Section 7 (D.C. Official Code § 7-1671.06) is amended by adding a new subsection
45		-	(q-1) to read as follows:
46		-	“(q-1)(1) No retailer license shall be issued for a facility that is located within 400 ENROLLED ORIGINAL
	8	+	A BILL 1
	9	+	2
	10	+	25-679 3
	11	+	4
	12	+	5
	13	+	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 6
	14	+	7
	15	+	___________________________ 8
	16	+	9
	17	+	10
	18	+	To amend, on a temporary basis, the Legalization of Marijuana for Medical Treatment Initiative 11
	19	+	of 1999 to clarify which Advisory Neighborhood Commissions have standing to file a 12
	20	+	protest and allow the Alcoholic Beverage and Cannabis Board to extend the public 13
	21	+	comment period for up to 30-calendar days, to establish the requirement that all retailers 14
	22	+	be located more than 400 feet from each other, to clarify that cultivation center, retailer, 15
	23	+	and internet retailer licenses issued to unlicensed establishments count toward the overall 16
	24	+	50% set aside requirement for social equity applicants, and to clarify the process for 17
	25	+	unlicensed establishments being issued a medical cannabis cultivation center, retailer, or 18
	26	+	internet retailer license. 19
	27	+	20
	28	+	BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 21
	29	+	act may be cited as the “Medical Cannabis License Clarification Temporary Amendment Act of 22
	30	+	2024”. 23
	31	+	Sec. 2. The Legalization of Marijuana for Medical Treatment Initiative of 1999, effective 24
	32	+	February 25, 2010 (D.C. Law 13-315; D.C. Official Code § 7-1671.01 et seq.), is amended as 25
	33	+	follows: 26
	34	+	(a) Section 6(b)(18) (D.C. Official Code § 7-1671.05(b)(18)) is amended as follows: 27
	35	+	(1) Subparagraph (A) is amended by striking the phrase “all Advisory 28 ENGROSSED ORIGINAL
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53		-	feet from another facility operating under a retailer license.
54		-	“(2) In determining whether a retailer application is eligible to be
55		-	approved, the ABC Board shall ensure that the retailer application will not be located within 400
56		-	feet of a previously submitted retailer application filed timely by another applicant.
57		-	“(3) ABCA shall proceed forward with the application filed by the facility
58		-	that is first in time. If the application is subsequently denied, ABCA shall proceed with the
59		-	application that is second in time, third in time, et cetera, until an application is approved.”.
60		-	(c) Section 7a(e)(1) (D.C. Official Code § 7-1671.06a(e)(1)) is amended to read as
61		-	follows:
62		-	“(1) Cultivation Center, Retailer, and Internet Retailer licenses issued under this
63		-	section shall count toward the 50% set aside requirement for social equity applicants set forth in
64		-	section 7(h).”.
65		-	(d) Section 7b(b) (D.C. Official Code § 7-1671.06b(b)) is amended as follows:
66		-	(1) Paragraph (1) is amended by striking the word “immediately” and inserting
67		-	the phrase “once its license is issued by ABCA” in its place.
68		-	(2) Paragraph (2) is redesignated as paragraph (3).
69		-	(3) A new paragraph (2) is added to read as follows:
70		-	“(2)(A) An unlicensed establishment that is approved for a cultivation center,
71		-	retailer, or internet retailer license shall obtain issuance of its license by the later date of either
72		-	September 30, 2024, or within 180 days of Board approval or have its Board approval rescinded.
73		-	“(B)(i) An unlicensed establishment that temporarily discontinues operations after
74		-	Board approval that is not involved in unlicensed activity may request that the Board extend the
75		-	deadline set forth in subparagraph (A) of this paragraph by one additional 180-day period to
76		-	allow the applicant to take steps to resume business operations at the applicant’s proposed
77		-	location.
78		-	“(ii) The Board shall approve the applicant’s extension request; provided,
79		-	that the applicant can demonstrate to the Board that the applicant is making reasonable progress
80		-	to resume business operations at the proposed location.
81		-	“(C) Notwithstanding paragraph A of this subsection, a cultivation center, retailer,
82		-	or internet retailer applicant shall cease any unlicensed activity once its license is issued by
83		-	ABCA.”.
84		-
85		-	Sec. 3. Fiscal impact statement.
86		-	The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact
87		-	statement required by section 4a of the General Legislative Procedures Act of 1975, approved
88		-	October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).
89		-
90		-
91		-	ENROLLED ORIGINAL
	42	+	Neighborhood Commissions in the affected ward” and inserting the phrase "any Advisory 29
	43	+	Neighborhood Commission within 600 feet of where the establishment is or will be located 30
	44	+	(“affected ANC”)” in its place. 31
	45	+	(2) A new subparagraph (E) is added to read as follows: 32
	46	+	“(E) The ABC Board may extend the public comment period set forth in paragraph 33
	47	+	(A) of this subsection by an additional 30-calendar days in response to a written request 34
	48	+	submitted by either an affected ANC or the applicant.”. 35
	49	+	(b) Section 7 (D.C. Official Code § 7-1671.06) is amended by adding a new subsection 36
	50	+	(q-1) to read as follows: 37
	51	+	“(q-1)(1) No retailer license shall be issued for a facility that is located within 400 38
	52	+	feet from another facility operating under a retailer license. 39
	53	+	“(2) In determining whether a retailer application is eligible to be 40
	54	+	approved, the ABC Board shall ensure that the retailer application will not be located within 400 41
	55	+	feet of a previously submitted retailer application filed timely by another applicant. 42
	56	+	“(3) ABCA shall proceed forward with the application filed by the facility 43
	57	+	that is first in time. If the application is subsequently denied, ABCA shall proceed with the 44
	58	+	application that is second in time, third in time, et cetera, until an application is approved.”. 45
	59	+	(c) Section 7a(e)(1) (D.C. Official Code § 7-1671.06a(e)(1)) is amended to read as 46
	60	+	follows: 47
	61	+	“(e)(1) Cultivation Center, Retailer, and Internet Retailer licenses issued under this 48 ENGROSSED ORIGINAL
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98		-	Sec. 4. Effective date.
99		-	(a) This act shall take effect following approval by the Mayor (or in the event of veto by
100		-	the Mayor, action by the Council to override the veto), and a 30-day period of congressional
101		-	review as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved
102		-	December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)).
103		-	(b) This act shall expire after 225 days of its having taken effect.
104		-
105		-
106		-
107		-	______________________________
108		-	Chairman
109		-	Council of the District of Columbia
	68	+	section shall count toward the 50% set aside requirement for social equity applicants set forth in 49
	69	+	section 7(h).”. 50
	70	+	(d) Section 7b(b) (D.C. Official Code § 7-1671.06b(b)) is amended as follows: 51
	71	+	(1) Paragraph (1) is amended by striking the word “immediately” and inserting 52
	72	+	the phrase “once its license is issued by ABCA” in its place. 53
	73	+	(2) Paragraph (2) is redesignated as paragraph (3). 54
	74	+	(3) A new paragraph (2) is added to read as follows: 55
	75	+	“(2)(A) An unlicensed establishment that is approved for a cultivation center, 56
	76	+	retailer, or internet retailer license shall obtain issuance of its license by the later date of either 57
	77	+	September 30, 2024, or within 180 days of Board approval or have its Board approval rescinded. 58
	78	+	“(B)(i) An unlicensed establishment that temporarily discontinues operations after 59
	79	+	Board approval that is not involved in unlicensed activity may request that the Board extend the 60
	80	+	deadline set forth in subparagraph (A) of this paragraph by one additional 180-day period to 61
	81	+	allow the applicant to take steps to resume business operations at the applicant’s proposed 62
	82	+	location. 63
	83	+	“(ii) The Board shall approve the applicant’s extension request provided 64
	84	+	that the applicant can demonstrate to the Board that the applicant is making reasonable progress 65
	85	+	to resume business operations at the proposed location. 66 ENGROSSED ORIGINAL
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115		-	_________________________________
116		-	Mayor
117		-	District of Columbia
118		-
119		-
120		-
	92	+	“(C) Notwithstanding paragraph A of this subsection, a cultivation center, retailer, 67
	93	+	or internet retailer applicant shall cease any unlicensed activity once its license is issued by 68
	94	+	ABCA.”. 69
	95	+	Sec. 3. Fiscal impact statement. 70
	96	+	The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact 71
	97	+	statement required by section 4a of the General Legislative Procedures Act of 1975, approved 72
	98	+	October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 73
	99	+	Sec. 4. Effective date. 74
	100	+	(a) This act shall take effect following approval by the Mayor (or in the event of veto by 75
	101	+	the Mayor, action by the Council to override the veto), a 30-day period of congressional review 76
	102	+	as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 77
	103	+	24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1), and publication in the District of 78
	104	+	Columbia register. 79
	105	+	(b) This act shall expire after 225 days of its having taken effect. 80