District Of Columbia 2023-2024 Regular Session

District Of Columbia Council Bill B25-0873 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~ENROLLED~~ ORIGINAL
	1	+	ENGROSSED ORIGINAL
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6	6		1
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8		-	AN ACT
9		-
10		-	_____________
11		-
12		-	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
13		-
14		-	__________________
15		-
16		-
17		-	To amend, on a temporary basis, the Legalization of Marijuana for Medical Treatment Initiative
18		-	of 1999 to clarify that Alcoholic Beverage and Cannabis Administration investigators
19		-	have the authority to conduct announced and unannounced inspections of unlicensed
20		-	establishments, to make a conditional license for a manufacturer or cultivation center
21		-	valid for 2 years, to extend existing public-comment period provisions to all unlicensed
22		-	establishment registration applications, and to clarify the criteria to be considered when
23		-	summarily closing an unlicensed establishment.
24		-
25		-	BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
26		-	act may be cited as the “Medical Cannabis Conditional License and Unlicensed Establishment
27		-	Closure Clarification Temporary Amendment Act of 2024”.
28		-
29		-	Sec. 2. The Legalization of Marijuana for Medical Treatment Initiative of 1999, effective
30		-	February 25, 2010 (D.C. Law 13-315; D.C. Official Code § 7-1671.01 et seq.), is amended as
31		-	follows:
32		-	(a) Section 6(b) (D.C. Official Code § 7-1671.05(b)) is amended by adding a new
33		-	paragraph (14A) to read as follows:
34		-	“(14A) Conduct announced and unannounced inspections of unlicensed
35		-	establishments.”.
36		-	(b) Section 7 (D.C. Official Code § 7-1671.06) is amended as follows:
37		-	(1) Subsection (k) is amended as follows:
38		-	(A) Paragraph (1) is amended by striking the phrase “proposed location”
39		-	and inserting the phrase “proposed location; except, that the ABC Board shall be authorized to
40		-	convert a one-year conditional license to 2 years for a cultivation center or manufacturer that
41		-	does not currently have a proposed location” in its place.
42		-	(B) Paragraph (2) is amended by striking the phrase “one year” and
43		-	inserting the phrase “one year or 2 years for a cultivation center or manufacturer applicant” in its
44		-	place. ENROLLED ORIGINAL
	8	+	A BILL 1
	9	+	2
	10	+	25-873 3
	11	+	4
	12	+	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 5
	13	+	6
	14	+	__________________ 7
	15	+	8
	16	+	9
	17	+	To amend, on a temporary basis, the Legalization of Marijuana for Medical Treatment Initiative 10
	18	+	of 1999 to clarify that ABCA investigators have the authority to conduct announced and 11
	19	+	unannounced inspections of unlicensed establishments, to make a conditional license for 12
	20	+	a manufacturer or cultivation center valid for 2 years, to extend existing public-comment 13
	21	+	period provisions to all unlicensed establishment registration applications, and to clarify 14
	22	+	the criteria to be considered when summarily closing an unlicensed establishment. 15
	23	+	16
	24	+	BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 17
	25	+	act may be cited as the “Medical Cannabis Conditional License and Unlicensed Establishment 18
	26	+	Closure Clarification Temporary Amendment Act of 2024”. 19
	27	+	Sec. 2. The Legalization of Marijuana for Medical Treatment Initiative of 1999, effective 20
	28	+	February 25, 2010 (D.C. Law 13-315; D.C. Official Code § 7-1671.01 et seq.), is amended as 21
	29	+	follows: 22
	30	+	(a) Section 6(b) (D.C. Official Code § 7-1671.05(b)) is amended by adding a new 23
	31	+	paragraph (14A) to read as follows: 24
	32	+	“(14A) Conduct announced and unannounced inspections of unlicensed 25
	33	+	establishments.”. 26
	34	+	(b) Section 7 (D.C. Official Code § 7-1671.06) is amended as follows: 27 ENGROSSED ORIGINAL
45	35
46	36
47	37
48	38
49	39		2
50	40
51		-	(C) Paragraph (4) is amended by striking the phrase “ABC Board.” and
52		-	inserting the phrase “ABC Board; except that a 2-year conditional license for a cultivation center
53		-	or manufacturer shall be canceled by the ABC Board after two years.”
54		-	(2) A new subsection (k-1) is added to read as follows:
55		-	“(k-1) A conditional license for a cultivation center or manufacturer that is in effect as of
56		-	the effective date of the Medical Cannabis Conditional License and Unlicensed Establishment
57		-	Closure Clarification Emergency Amendment Act of 2024, passed on emergency basis on June
58		-	25, 2024 (Enrolled version of Bill 25-872), as of that date, shall be automatically converted to a
59		-	2-year conditional license, expiring one year after the date the original conditional license was
60		-	set to expire, at no additional cost and without additional ABC Board approval.”.
61		-	(4) Subsection (l) is amended by striking the phrase “one-year”.
62		-	(c) Section 7a(h)(4) (D.C. Official Code § 7-1671.06a(h)(4)) is repealed.
63		-	(d) Section 9 (D.C. Official Code § 7-1671.08) is amended by adding a new subsection
64		-	(g) to read as follows:
65		-	“(g)(1) Notwithstanding sections 7(b) and 9(f), ABCA shall have the authority to inspect
66		-	an unlicensed establishment. If, after an inspection, ABCA determines that an unlicensed
67		-	establishment presents an imminent danger to the health or safety of the public, as described in
68		-	paragraph (2) of this subsection, the ABC Board may summarily close and order the padlocking,
69		-	by ABCA or MPD without a prior hearing, of the unlicensed establishment, and ABCA may
70		-	seize all cannabis and cannabis products found at the premises.
71		-	“(2) For the purpose of this subsection, the term “imminent danger to the health or
72		-	safety of the public” includes any of the following:
73		-	“(A) The unlicensed establishment distributes or attempts to distribute
74		-	cannabis or a cannabis product to one or more persons under the age of 21.
75		-	“(B) Once a testing laboratory has been licensed under this act, the
76		-	unlicensed establishment distributes or attempts to distribute cannabis or a cannabis product
77		-	untested by a testing laboratory licensed under this act.
78		-	“(C) The unlicensed establishment fails to comply with a cease and desist
79		-	order.
80		-	“(D) The unlicensed establishment engages in any activity or operation
81		-	established as an imminent danger to the health or safety of the public by the Board by rule.
82		-	“(E) The unlicensed establishment distributes or attempts to distribute
83		-	Schedule I substances, or products that contain Schedule I substances, as enumerated in section
84		-	204 of the District of Columbia Uniform Controlled Substances Act of 1981, effective August 5,
85		-	1981 (D.C. Law 4-29; D.C. Official Code § 48-902.04).
86		-	“(F) An employee, agent, or owner of the unlicensed establishment has
87		-	unlawful firearms or weapons on the premises.
88		-	“(G) A dangerous crime, as defined in D.C. Official Code § 23-1331(3), or
89		-	a crime of violence, as defined in D.C. Official Code § 23-1331(4), was committed on the ENROLLED ORIGINAL
	41	+	(1) Subsection (k) is amended as follows: 28
	42	+	(A) Paragraph (1) is amended by striking the phrase “proposed location” 29
	43	+	and inserting the phrase “proposed location; except, that the ABC Board shall be authorized to 30
	44	+	convert a one-year conditional license to 2 years for a cultivation center or manufacturer that 31
	45	+	does not currently have a proposed location” in its place. 32
	46	+	(B) Paragraph (2) is amended by striking the phrase “one year” and 33
	47	+	inserting the phrase “one year or 2 years for a cultivation center or manufacturer applicant” in its 34
	48	+	place. 35
	49	+	(C) Paragraph (4) is amended by striking the phrase “ABC Board.” and 36
	50	+	inserting the phrase “ABC Board; except that a 2-year conditional license for a cultivation center 37
	51	+	or manufacturer shall be canceled by the ABC Board after two years.” 38
	52	+	(2) A new subsection (k-1) is added to read as follows: 39
	53	+	“(k-1) A conditional license for a cultivation center or manufacturer that is in effect as of 40
	54	+	the effective date of the Medical Cannabis Conditional License and Unlicensed Establishment 41
	55	+	Closure Clarification Emergency Amendment Act of 2024, passed on an emergency basis on 42
	56	+	June 25, 2024 (Enrolled version of Bill 25-___), as of that date, shall be automatically converted 43
	57	+	to a 2-year conditional license, expiring one year after the date the original conditional license 44
	58	+	was set to expire, at no additional cost and without additional ABC Board approval.”. 45
	59	+	(4) Subsection (l) is amended by striking the phrase “one-year”. 46
	60	+	(c) Section 7a(h)(4) (D.C. Official Code § 7-1671.06a(h)(4)) is repealed. 47 ENGROSSED ORIGINAL
90	61
91	62
92	63
93	64
94	65		3
95	66
96		-	premises of the unlicensed establishment.
97		-	“(3) ABCA shall provide the unlicensed establishment’s owner and the property
98		-	owner with written notice of the summary closure and the right to request a hearing.
99		-	“(4) The owner of the unlicensed establishment shall have 5 business days after
100		-	service of the notice of summary closure to request a hearing with the Board, which shall hold a
101		-	hearing within 5 business days of a timely request.”
102		-	“(5) The Board shall issue a written decision within 5 business days after the
103		-	hearing.”.
104		-	(e) Section 13a (D.C. Official Code § 7-1671.12a (a)) is amended by striking the phrase
105		-	“to the licensee.” and inserting the phrase “to the licensee or unlicensed establishment.” in its
106		-	place.
107		-
108		-	Sec. 3. Section 2(c) of the Medical Cannabis Patient Card Extension and 4/20 Medical
109		-	Cannabis Sales Tax Holiday Week Temporary Amendment Act of 2024, enacted on May 29,
110		-	2024 (D.C. Act 25-481; 71 DCR 6749), is repealed.
111		-
112		-	Sec. 4. Fiscal impact statement.
113		-	The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact
114		-	statement required by section 4a of the General Legislative Procedures Act of 1975, approved
115		-	October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).
116		-
117		-	Sec. 5. Effective date.
118		-	(a) This act shall take effect following approval by the Mayor (or in the event of veto by
119		-	the Mayor, action by the Council to override the veto) and a 30-day period of congressional
120		-	review as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved
121		-	December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)).
122		-	(b) This act shall expire after 225 days of its having taken effect.
	67	+	(d) Section 9 (D.C. Official Code § 7-1671.08) is amended by adding a new subsection 48
	68	+	(g) to read as follows: 49
	69	+	“(g)(1) Notwithstanding sections 7(b) and 9(f), ABCA shall have the authority to inspect 50
	70	+	an unlicensed establishment. If, after an inspection, ABCA determines that an unlicensed 51
	71	+	establishment presents an imminent danger to the health or safety of the public, as described in 52
	72	+	paragraph (2) of this subsection, the ABC Board may summarily close and order the padlocking, 53
	73	+	by ABCA or MPD without a prior hearing, of the unlicensed establishment, and ABCA may 54
	74	+	seize all cannabis or cannabis products found at the premises. 55
	75	+	“(2) For the purpose of this subsection, the term “imminent danger to the health or 56
	76	+	safety of the public” includes any of the following: 57
	77	+	“(A) The unlicensed establishment distributes or attempts to distribute 58
	78	+	cannabis or a cannabis product to one or more persons under the age of 21. 59
	79	+	“(B) Once a testing laboratory has been licensed under this act, the 60
	80	+	unlicensed establishment distributes or attempts to distribute cannabis or a cannabis product 61
	81	+	untested by a testing laboratory licensed under this act. 62
	82	+	“(C) The unlicensed establishment fails to comply with a cease and desist 63
	83	+	order. 64
	84	+	“(D) The unlicensed establishment engages in any activity or operation 65
	85	+	established as an imminent danger to the health or safety of the public by the Board by rule. 66
	86	+	“(E) The unlicensed establishment distributes or attempts to distribute 67 ENGROSSED ORIGINAL
123	87
124	88
125	89
126		-	___________________________
127		-	Chairman
128		-	Council of the District of Columbia
	90	+
	91	+	4
	92	+
	93	+	Schedule I substances, or products that contain Schedule I substances, as enumerated in § 48-68
	94	+	902.04. 69
	95	+	“(F) An employee, agent, or owner of the unlicensed establishment has 70
	96	+	unlawful firearms or weapons on the premises. 71
	97	+	“(G) A dangerous crime, as defined in D.C.23-1331(3), or a crime of 72
	98	+	violence, as defined in D.C. Official Code § 23-1331(4), was committed on the premises of the 73
	99	+	unlicensed establishment. 74
	100	+	“(3) ABCA shall provide the unlicensed establishment’s owner and the property 75
	101	+	owner with written notice of the summary closure and the right to request a hearing. 76
	102	+	“(4) The owner of the unlicensed establishment shall have 5 business days after 77
	103	+	service of the notice of summary closure to request a hearing with the Board, which shall hold a 78
	104	+	hearing within 5 business days of a timely request.” 79
	105	+	“(5) The Board shall issue a written decision within 5 business days after the 80
	106	+	hearing.”. 81
	107	+	(e) Section 13a (D.C. Official Code § 7-1671.12a (a)) is amended by striking the phrase 82
	108	+	“to the licensee.” and inserting the phrase “to the licensee or unlicensed establishment.” in its 83
	109	+	place. 84
	110	+	Sec. 3. Section 2(c) of the Medical Cannabis Patient Card Extension and 4/20 Medical 85
	111	+	Cannabis Sales Tax Holiday Week Temporary Amendment Act of 2024, enacted on May 29, 86
	112	+	2024 (D.C. Act 25-481; 71 DCR 6749), is repealed. 87 ENGROSSED ORIGINAL
129	113
130	114
131	115
132		-	_________________________________
133		-	Mayor
134		-	District of Columbia
	116	+
	117	+	5
	118	+
	119	+	Sec. 4. Fiscal impact statement. 88
	120	+	The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact 89
	121	+	statement required by section 4a of the General Legislative Procedures Act of 1975, approved 90
	122	+	October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 91
	123	+	Sec. 5. Effective date. 92
	124	+	(a) This act shall take effect following approval by the Mayor (or in the event of veto by 93
	125	+	the Mayor, action by the Council to override the veto), a 30-day period of congressional review 94
	126	+	as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 95
	127	+	24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1), and publication in the District of 96
	128	+	Columbia register. 97
	129	+	(b) This act shall expire after 225 days of its having taken effect. 98