District Of Columbia 2023-2024 Regular Session

District Of Columbia Council Bill B25-0872 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	ENROLLED ORIGINAL
2		-
3		-
4	1		1
5	2
6		-	AN ACT
	3	+	______________________________1
	4	+	Councilmember Kenyan R. McDuffie 2
	5	+	3
	6	+	A BILL 4
	7	+	5
	8	+	_________ 6
	9	+	7
	10	+	8
	11	+	IN THE DISTRICT OF COLUMBIA 9
	12	+	10
	13	+	__________________ 11
	14	+	12
	15	+	13
	16	+	To amend, on an emergency basis, the Legalization of Marijuana for Medical Treatment 14
	17	+	Initiative of 1999 to clarify that ABCA investigators have the authority to conduct 15
	18	+	announced and unannounced inspections of unlicensed establishments, to make a 16
	19	+	conditional license for a manufacturer or cultivation center valid for 2 years, to extend 17
	20	+	existing public-comment period provisions to all unlicensed establishment registration 18
	21	+	applications, and to clarify the criteria to be considered when summarily closing an 19
	22	+	unlicensed establishment. 20
	23	+	21
	24	+	BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 22
	25	+	act may be cited as the “Medical Cannabis Conditional License and Unlicensed Establishment 23
	26	+	Closure Clarification Emergency Amendment Act of 2024”. 24
	27	+	Sec. 2. The Legalization of Marijuana for Medical Treatment Initiative of 1999, effective 25
	28	+	February 25, 2010 (D.C. Law 13-315; D.C. Official Code § 7-1671.01 et seq.), is amended as 26
	29	+	follows: 27
	30	+	(a) Section 6(b) (D.C. Official Code § 7-1671.05(b)) is amended by adding a new 28
	31	+	paragraph (14A) to read as follows: 29
	32	+	“(14A) Conduct announced and unannounced inspections of unlicensed 30
	33	+	establishments.”. 31
	34	+	(b) Section 7 (D.C. Official Code § 7-1671.06) is amended as follows: 32
	35	+	(1) Subsection (k) is amended as follows: 33 2
7	36
8		-	_________
	37	+	(A) Paragraph (1) is amended by striking the phrase “proposed location” 34
	38	+	and inserting the phrase “proposed location; except, that the ABC Board shall be authorized to 35
	39	+	convert a one-year conditional license to 2 years for a cultivation center or manufacturer that 36
	40	+	does not currently have a proposed location” in its place. 37
	41	+	(B) Paragraph (2) is amended by striking the phrase “one year” and 38
	42	+	inserting the phrase “one year or 2 years for a cultivation center or manufacturer applicant” in its 39
	43	+	place. 40
	44	+	(C) Paragraph (4) is amended by striking the phrase “ABC Board.” and 41
	45	+	inserting the phrase “ABC Board; except that a 2-year conditional license for a cultivation center 42
	46	+	or manufacturer shall be canceled by the ABC Board after two years.” 43
	47	+	(2) A new subsection (k-1) is added to read as follows: 44
	48	+	“(k-1) A conditional license for a cultivation center or manufacturer that is in effect as of 45
	49	+	the effective date of the Medical Cannabis Conditional License and Unlicensed Establishment 46
	50	+	Closure Clarification Emergency Amendment Act of 2024, passed on an emergency basis on 47
	51	+	June 25, 2024 (Enrolled version of Bill 25-___), as of that date, shall be automatically converted 48
	52	+	to a 2-year conditional license, expiring one year after the date the original conditional license 49
	53	+	was set to expire, at no additional cost and without additional ABC Board approval.”. 50
	54	+	(3) Subsection (l) is amended by striking the phrase “one-year”. 51
	55	+	(c) Section 7a(h)(4) (D.C. Official Code § 7-1671.06a(h)(4)) is repealed. 52
	56	+	(d) Section 9 (D.C. Official Code § 7-1671.08) is amended by adding a new subsection 53
	57	+	(g) to read as follows: 54
	58	+	“(g)(1) Notwithstanding sections 7(b) and 9(f), ABCA shall have the authority to inspect 55
	59	+	an unlicensed establishment. If, after an inspection, ABCA determines that an unlicensed 56 3
9	60
	61	+	establishment presents an imminent danger to the health or safety of the public, as described in 57
	62	+	paragraph (2) of this subsection, the ABC Board may summarily close and order the padlocking, 58
	63	+	by ABCA or MPD without a prior hearing, of the unlicensed establishment, and ABCA may 59
	64	+	seize all cannabis or cannabis products found at the premises. 60
	65	+	“(2) For the purpose of this subsection, the term “imminent danger to the health or 61
	66	+	safety of the public” includes any of the following: 62
	67	+	“(A) The unlicensed establishment distributes or attempts to distribute 63
	68	+	cannabis or a cannabis product to one or more persons under the age of 21. 64
	69	+	“(B) Once a testing laboratory has been licensed under this act, the 65
	70	+	unlicensed establishment distributes or attempts to distribute cannabis or a cannabis product 66
	71	+	untested by a testing laboratory licensed under this act. 67
	72	+	“(C) The unlicensed establishment fails to comply with a cease and desist 68
	73	+	order. 69
	74	+	“(D) The unlicensed establishment engages in any activity or operation 70
	75	+	established as an imminent danger to the health or safety of the public by the Board by rule. 71
	76	+	“(3) ABCA shall provide the unlicensed establishment’s owner and the property 72
	77	+	owner with written notice of the summary closure and the right to request a hearing. 73
	78	+	“(4) The owner of the unlicensed establishment shall have 5 business days after 74
	79	+	service of the notice of summary closure to request a hearing with the Board, which shall hold a 75
	80	+	hearing within 5 business days of a timely request.” 76
	81	+	“(5) The Board shall issue a written decision within 5 business days after the 77
	82	+	hearing.”. 78 4
10	83
11		-	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
12		-
13		-	__________________
14		-
15		-
16		-	To amend, on an emergency basis, the Legalization of Marijuana for Medical Treatment
17		-	Initiative of 1999 to clarify that Alcoholic Beverage and Cannabis Administration
18		-	investigators have the authority to conduct announced and unannounced inspections of
19		-	unlicensed establishments, to make a conditional license for a manufacturer or cultivation
20		-	center valid for 2 years, to extend existing public-comment period provisions to all
21		-	unlicensed establishment registration applications, and to clarify the criteria to be
22		-	considered when summarily closing an unlicensed establishment.
23		-
24		-	BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
25		-	act may be cited as the “Medical Cannabis Conditional License and Unlicensed Establishment
26		-	Closure Clarification Emergency Amendment Act of 2024”.
27		-
28		-	Sec. 2. The Legalization of Marijuana for Medical Treatment Initiative of 1999, effective
29		-	February 25, 2010 (D.C. Law 13-315; D.C. Official Code § 7-1671.01 et seq.), is amended as
30		-	follows:
31		-	(a) Section 6(b) (D.C. Official Code § 7-1671.05(b)) is amended by adding a new
32		-	paragraph (14A) to read as follows:
33		-	“(14A) Conduct announced and unannounced inspections of unlicensed
34		-	establishments.”.
35		-	(b) Section 7 (D.C. Official Code § 7-1671.06) is amended as follows:
36		-	(1) Subsection (k) is amended as follows:
37		-	(A) Paragraph (1) is amended by striking the phrase “proposed location”
38		-	and inserting the phrase “proposed location; except, that the ABC Board shall be authorized to
39		-	convert a one-year conditional license to 2 years for a cultivation center or manufacturer that
40		-	does not currently have a proposed location” in its place.
41		-	(B) Paragraph (2) is amended by striking the phrase “one year” and
42		-	inserting the phrase “one year or 2 years for a cultivation center or manufacturer applicant” in its
43		-	place. ENROLLED ORIGINAL
44		-
45		-
46		-	2
47		-
48		-	(C) Paragraph (4) is amended by striking the phrase “ABC Board.” and
49		-	inserting the phrase “ABC Board; except, that a 2-year conditional license for a cultivation
50		-	center or manufacturer shall be canceled by the ABC Board after two years.”
51		-	(2) A new subsection (k-1) is added to read as follows:
52		-	“(k-1) A conditional license for a cultivation center or manufacturer that is in effect as of
53		-	the effective date of the Medical Cannabis Conditional License and Unlicensed Establishment
54		-	Closure Clarification Emergency Amendment Act of 2024, passed on emergency basis on June
55		-	25, 2024 (Enrolled version of Bill 25-872), as of that date, shall be automatically converted to a
56		-	2-year conditional license, expiring one year after the date the original conditional license was
57		-	set to expire, at no additional cost and without additional ABC Board approval.”.
58		-	(4) Subsection (l) is amended by striking the phrase “one-year”.
59		-	(c) Section 7a(h)(4) (D.C. Official Code § 7-1671.06a(h)(4)) is repealed.
60		-	(d) Section 9 (D.C. Official Code § 7-1671.08) is amended by adding a new subsection
61		-	(g) to read as follows:
62		-	“(g)(1) Notwithstanding sections 7(b) and 9(f), ABCA shall have the authority to inspect
63		-	an unlicensed establishment. If, after an inspection, ABCA determines that an unlicensed
64		-	establishment presents an imminent danger to the health or safety of the public, as described in
65		-	paragraph (2) of this subsection, the ABC Board may summarily close and order the padlocking,
66		-	by ABCA or MPD without a prior hearing, of the unlicensed establishment, and ABCA may
67		-	seize all cannabis and cannabis products found at the premises.
68		-	“(2) For the purpose of this subsection, the term “imminent danger to the health or
69		-	safety of the public” includes any of the following:
70		-	“(A) The unlicensed establishment distributes or attempts to distribute
71		-	cannabis or a cannabis product to one or more persons under the age of 21.
72		-	“(B) Once a testing laboratory has been licensed under this act, the
73		-	unlicensed establishment distributes or attempts to distribute cannabis or a cannabis product
74		-	untested by a testing laboratory licensed under this act.
75		-	“(C) The unlicensed establishment fails to comply with a cease and desist
76		-	order.
77		-	“(D) The unlicensed establishment engages in any activity or operation
78		-	established as an imminent danger to the health or safety of the public by the Board by rule.
79		-	“(E) The unlicensed establishment distributes or attempts to distribute
80		-	Schedule I substances, or products that contain Schedule I substances, as enumerated in section
81		-	204 of the District of Columbia Uniform Controlled Substances Act of 1981, effective August 5,
82		-	1981 (D.C. Law 4-29; D.C. Official Code § 48-902.04).
83		-	“(F) An employee, agent, or owner of the unlicensed establishment has
84		-	unlawful firearms or weapons on the premises.
85		-	“(G) A dangerous crime, as defined in D.C. Official Code § 23-1331(3), or
86		-	a crime of violence, as defined in D.C. Official Code § 23-1331(4), was committed on the
87		-	premises of the unlicensed establishment. ENROLLED ORIGINAL
88		-
89		-
90		-	3
91		-
92		-	“(3) ABCA shall provide the unlicensed establishment’s owner and the property
93		-	owner with written notice of the summary closure and the right to request a hearing.
94		-	“(4) The owner of the unlicensed establishment shall have 5 business days after
95		-	service of the notice of summary closure to request a hearing with the Board, which shall hold a
96		-	hearing within 5 business days of a timely request.
97		-	“(5) The Board shall issue a written decision within 5 business days after the
98		-	hearing.”.
99		-	(e) Section 13a (D.C. Official Code § 7-1671.12a (a)) is amended by striking the phrase
100		-	“to the licensee.” and inserting the phrase “to the licensee or unlicensed establishment.” in its
101		-	place.
102		-
103		-	Sec. 3. Section 2(c) of the Medical Cannabis Patient Card Extension and 4/20 Medical
104		-	Cannabis Sales Tax Holiday Week Temporary Amendment Act of 2024, enacted on May 29,
105		-	2024 (D.C. Act 25-481; 71 DCR 6749), is repealed.
106		-
107		-	Sec. 4. Fiscal impact statement.
108		-	The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact
109		-	statement required by section 4a of the General Legislative Procedures Act of 1975, approved
110		-	October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).
111		-
112		-	Sec. 5. Effective date.
113		-	This act shall take effect following approval by the Mayor (or in the event of veto by the
114		-	Mayor, action by the Council to override the veto), and shall remain in effect for no longer than
115		-	90 days, as provided for emergency acts of the Council of the District of Columbia in section
116		-	412(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 788;
117		-	D.C. Official Code § 1-204.12(a)).
118		-
119		-
120		-
121		-	______________________________
122		-	Chairman
123		-	Council of the District of Columbia
124		-
125		-
126		-
127		-
128		-
129		-	_________________________________
130		-	Mayor
131		-	District of Columbia
132		-
	84	+	(e) Section 13a (D.C. Official Code § 7-1671.12a (a)) is amended by striking the phrase 79
	85	+	“to the licensee.” and inserting the phrase “to the licensee or unlicensed establishment.” in its 80
	86	+	place. 81
	87	+	Sec. 3. Section 2(c) of the Medical Cannabis Patient Card Extension and 4/20 Medical 82
	88	+	Cannabis Sales Tax Holiday Week Temporary Amendment Act of 2024, enacted on May 29, 83
	89	+	2024 (D.C. Act 25-481; 71 DCR 6749), is repealed. 84
	90	+	Sec. 4. Fiscal impact statement. 85
	91	+	The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact 86
	92	+	statement required by section 4a of the General Legislative Procedures Act of 1975, approved 87
	93	+	October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 88
	94	+	Sec. 5. Effective date. 89
	95	+	This act shall take effect following approval by the Mayor (or in the event of veto by the 90
	96	+	Mayor, action by the Council to override the veto), and shall remain in effect for no longer than 91
	97	+	90 days, as provided for emergency acts of the Council of the District of Columbia in section 92
	98	+	412(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 788; 93
	99	+	D.C. Official Code § 1-204.12(a)). 94