District Of Columbia 2023-2024 Regular Session

District Of Columbia Council Bill B25-0805 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	~~ENROLLED ORIGINAL~~
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8		-	AN ACT
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10		-	_____________
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12		-	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
13		-
14		-	__________________
15		-
16		-
17		-	To amend, on an emergency basis, due to congressional review, the Legalization of Marijuana
18		-	for Medical Treatment Initiative of 1999 to provide a deadline date by which existing
19		-	cultivation centers and dispensaries must file their applications with ABCA for additional
20		-	medical cannabis facility licenses, to not allow a cultivation center to also hold an
21		-	internet retailer license, to provide that the 2 cultivation center registration applicants that
22		-	tied for second and received the same total score after submitting a medical cannabis
23		-	facility registration application to the Alcoholic Beverage Control Board between
24		-	November 29, 2021 and March 28, 2022, be awarded a cultivation center registration, to
25		-	provide that other cultivation center and dispensary registration applicants that scored
26		-	150 points or more after submitting a medical cannabis facility registration application to
27		-	the Alcoholic Beverage Control Board during the same open application period shall be
28		-	considered for a cultivation center or retailer registration, and to allow a cultivation center
29		-	and dispensary registration applicant that scored 150 points or more to change the
30		-	location of 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 Congressional Review
35		-	Emergency Amendment 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
	9	+	_____________________________
	10	+	Councilmember Kenyan R. McDuffie
	11	+	1
	12	+	2
	13	+	3
	14	+	A BILL 4
	15	+	5
	16	+	_____________ 6
	17	+	7
	18	+	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 8
	19	+	9
	20	+	__________________ 10
	21	+	11
	22	+	12
	23	+	To amend, on an emergency basis, due to congressional review, the Legalization of Marijuana 13
	24	+	for Medical Treatment Initiative of 1999 to provide a deadline date by which existing 14
	25	+	cultivation centers and dispensaries must file their applications with ABCA for additional 15
	26	+	medical cannabis facility licenses, to not allow a cultivation center to also hold an 16
	27	+	internet retailer license, to provide that the 2 cultivation center registration applicants that 17
	28	+	tied for second and received the same total score after submitting a medical cannabis 18
	29	+	facility registration application to the Alcoholic Beverage Control Board between 19
	30	+	November 29, 2021 and March 28, 2022, be awarded a cultivation center registration, to 20
	31	+	provide that other cultivation center and dispensary registration applicants that scored 21
	32	+	150 points or more after submitting a medical cannabis facility registration application to 22
	33	+	the Alcoholic Beverage Control Board during the same open application period shall be 23
	34	+	considered for a cultivation center or retailer registration, and to allow a cultivation center 24
	35	+	and dispensary registration applicant that scored 150 points or more to change the 25
	36	+	location of its facility without otherwise affecting the status of its application. 26
	37	+	27
	38	+	28
	39	+	BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 29
	40	+	act may be cited as the “Medical Cannabis Clarification Supplemental Congressional Review 30
	41	+	Emergency Amendment Act of 2024”. 31
	42	+	32
	43	+	Sec. 2. Section 7 of the Legalization of Marijuana for Medical Treatment Initiative of 33
	44	+	1999, effective February 25, 2010 (D.C. Law 13-315; D.C. Official Code § 7-1671.06), is 34
	45	+	amended as follows: 35
	46	+	(a) Subsection (d) is amended as follows: 36
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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		-
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91		-	ENROLLED ORIGINAL
	53	+	(1) Paragraph (2) is amended by striking the phrase “retailer or online retailer 37
	54	+	license” and inserting the phrase “retailer license” in its place. 38
	55	+	(2) A new paragraph (5) is added to read as follows: 39
	56	+	“(5) Applications for additional licenses pursuant to paragraphs (1) through (3) of 40
	57	+	this subsection shall be filed with ABCA by the existing cultivation center or dispensary by May 41
	58	+	1, 2024.”. 42
	59	+	(b) Subsection (e)(1) is amended as follows 43
	60	+	(1) Subparagraph (F) is amended by striking the phrase “retailer or internet 44
	61	+	retailer license” and inserting the phrase “retailer license” in its place. 45
	62	+	(2) A new subparagraph (G) is added to read as follows: 46
	63	+	“(G) No licensee holding a cultivation center license shall hold an internet 47
	64	+	retailer license.”. 48
	65	+	(c) New subsections (w) and (x) are added to read as follows: 49
	66	+	“(w)(1) The 2 cultivation center registration applicants that submitted a medical cannabis 50
	67	+	facility registration application to the ABC Board between November 29, 2021 and March 28, 51
	68	+	2022, that tied for second and received the same total score shall be awarded a cultivation center 52
	69	+	registration. 53
	70	+	“(2) A cultivation center registration applicant not referenced in paragraph (1) of 54
	71	+	this subsection that scored 150 points or more during the same open application period shall be 55
	72	+	considered for a cultivation center registration after May 1, 2023; provided, that the applicant 56
	73	+	files a corrected application, including an application to change the facility location, with the 57
	74	+	ABC Board by May 1, 2024. An applicant that scored 150 points or higher shall be allowed to 58
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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		-	This act shall take effect following approval by the Mayor (or in the event of veto by the
105		-	Mayor, action by the Council to override the veto), and shall remain in effect for no longer than
106		-	90 days, as provided for emergency acts of the Council of the District of Columbia in section
107		-	412(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 788;
108		-	D.C. Official Code § 1-204.12(a)).
109		-
110		-
111		-
112		-	______________________________
113		-	Chairman
114		-	Council of the District of Columbia
	81	+	change the location of the cultivation center facility on its application by May 1, 2024, without 59
	82	+	negatively affecting the status of the application. 60
	83	+	“(3) An applicant that filed more than one cultivation center registration 61
	84	+	application during the open application period with one or more of the same owners shall be 62
	85	+	considered for only one cultivation center registration under this subsection. 63
	86	+	“(4) An initial application fee paid by a cultivation center registration applicant 64
	87	+	that scored 150 points or higher shall be credited by ABCA toward the entire cost of the 65
	88	+	applicant’s cultivation center application fee. 66
	89	+	“(x)(1) A dispensary registration applicant that submitted a medical cannabis facility 67
	90	+	registration application to the ABC Board between November 29, 2021, and March 28, 2022, 68
	91	+	and received 150 points or more shall be considered for a retailer registration no earlier than 180 69
	92	+	calendar days after March 22, 2023. An applicant shall be allowed to change the location of the 70
	93	+	retailer facility on its application by May 1, 2024, without negatively affecting the status of the 71
	94	+	application. 72
	95	+	“(2) An applicant that filed more than one dispensary registration application 73
	96	+	during the open application period with one or more of the same owners shall be considered for 74
	97	+	only one retailer registration under this subsection. 75
	98	+	“(3) An initial application fee paid by a dispensary registration applicant that 76
	99	+	scored 150 points or higher shall be credited by ABCA toward the entire cost of the applicant’s 77
	100	+	retailer application fee.”. 78
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120		-	_________________________________
121		-	Mayor
122		-	District of Columbia
123		-
	109	+	Sec. 3. Fiscal impact statement. 81
	110	+	The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact 82
	111	+	statement required by section 4a of the General Legislative Procedures Act of 1975, approved 83
	112	+	October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a)). 84
	113	+	Sec. 4. Effective date. 85
	114	+	This act shall take effect following approval by the Mayor (or in the event of veto by the 86
	115	+	Mayor, action by the Council to override the veto), and shall remain in effect for no longer than 87
	116	+	90 days, as provided for emergency acts of the Council of the District of Columbia in section 88
	117	+	412(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 788; 89
	118	+	D.C. Official Code § 1-204.12(a)). 90