District Of Columbia 2023-2024 Regular Session

District Of Columbia Council Bill PR25-0098 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	ENROLLED ORIGINAL
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6	1		1
7		-
8		-	A RESOLUTION
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10		-	25-58
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12		-	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
13		-
14		-	February 7, 2023
15		-	To declare the existence of an emergency with respect to the need to provide that an applicant
16		-	that submitted a medical cannabis facility registration application to the Alcoholic
17		-	Beverage Control Board between November 29, 2021, and March 28, 2022, and was
18		-	selected by the Alcoholic Beverage Control Board on September 28, 2022, shall be
19		-	allowed to change the location of its cultivation center or retailer facility on its application by September 30, 2023, without otherwise affecting the current status of its application.
20		-
21		-	RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
22		-	resolution may be cited as the “Medical Cannabis Clarification Emergency Declaration
23		-	Resolution of 2023”.
24		-	Sec. 2. (a) There exists an immediate need to provide that an applicant that submitted a
25		-	medical cannabis facility registration application to the Alcoholic Beverage Control Board (“ABC Board”) between November 29, 2021, and March 28, 2022, and was selected by the ABC Board on September 28, 2022, be allowed to change the location of its cultivation center or retailer facility without otherwise affecting the current status of its application.
26		-	(b) As a part of the March 2021 through August 2022 medical cannabis facility licensing
27		-	round, all medical cannabis facility registration applicants were constrained by a cap on the
28		-	number of cultivation center and dispensary registrations permitted in each Ward.
29		-	(c) The caps limited an applicant’s ability to secure affordable, appropriate cultivation
30		-	center and dispensary facilities for their proposed cannabis businesses. The available properties within the permitted Wards were limited and some had issues , such as inadequate power, ADA
31		-	access, and other issues regarding essential building infrastructure. The applicants were forced to
32		-	select such facilities when other more appropriate facilities exist in other Wards that would
33		-	require substantially fewer capital expenditures by the tenants to make the necessary
34		-	improvements to the facilities.
35		-	(d) Medical cannabis licenses were conditionally issued to 2 enterprises who were
36		-	awarded a total of 2 cultivation center registrations and one dispensary registration by the ABC
37		-	Board on September 28, 2022 (“ enterprises”). ENROLLED ORIGINAL
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39		-
40		-
41		-
42		-	2
43		-
44		-	(e) The Medical Cannabis Amendment Act of 2022, en acted on January 30, 2023 (D.C.
45		-	Act 24-798; 70 DCR 1582) (“Act”), removed the caps on the number of cultivation center and
46		-	retailer (formerly, dispensary) registrations per ward (“cap”) .
47		-	(f) With this change in the law, the enterprises who were awarded licenses on September
48		-	28, 2022 must still operate under caps removed by the Act shortly thereafter , putting these
49		-	businesses at a significant disadvantage as they are unable to obtain more optimal pr operties that
50		-	are compliant and available for cultivation center and retailer operations.
51		-	(g) The Medical Cannabis Clarification Emergency Amendment Act of 2023 will remedy
52		-	this issue and enable the enterprises to have the option to change their cultivation center or
53		-	retailer location to another compliant property that was previously unavailable to them due to the
54		-	cap.
55		-	(h) Emergency legislation is needed to amend the Act , which is projected to become law
56		-	at the end of March, to allow these enterprises the ability to locate to optimal properties by
57		-	September 30, 2023, which will enable them to begin operations more quickly and better serve
58		-	registered patients, as the Act will permit other successful applicants to do.
59		-
60		-	Sec. 3. The Council of the District of Columbia determines that the circumstances
61		-	enumerated in section 2 constitute emergency circumstances making it necessary that the
62		-	Medical Cannabis Clarification Emergency Amendment Act of 2023 be adopted after a single
63		-	reading.
64		-
65		-	Sec. 4. This resolution shall take effect immediately.
	2	+	1
	3	+	______________________________ _____________________________ 2
	4	+	Chairman Phil Mendelson Councilmember Kenyan R. McDuffie 3
	5	+	4
	6	+	5
	7	+	6
	8	+	A PROPOSED RESOLUTION 7
	9	+	8
	10	+	_______ 9
	11	+	10
	12	+	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 11
	13	+	12
	14	+	____________________ 13
	15	+	14
	16	+	To declare the existence of an emergency with respect to the need to provide that an 15
	17	+	applicant that submitted a medical cannabis facility registration application to the 16
	18	+	Alcoholic Beverage Control Board between November 29, 2021, and March 28, 17
	19	+	2022, and was selected by the Alcoholic Beverage Control Board on September 18
	20	+	28, 2022 shall be allowed to change the location of its cultivation center or retailer 19
	21	+	facility on its application by September 30, 2023 without otherwise affecting the 20
	22	+	current status of its application. 21
	23	+	22
	24	+	RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That 23
	25	+	this resolution may be cited as the “Medical Cannabis Clarification Emergency 24
	26	+	Declaration Resolution of 2023”. 25
	27	+	26
	28	+	Sec. 2. (a) There exists an immediate need to provide that an applicant that 27
	29	+	submitted a medical cannabis facility registration application to the Alcoholic Beverage 28
	30	+	Control Board (“ABC Board”) between November 29, 2021, and March 28, 2022 and 29
	31	+	was selected by the ABC Board on September 28, 2022, be allowed to change the 30
	32	+	location of its cultivation center or retailer facility without otherwise affecting the current 31
	33	+	status of its application. 32
	34	+	(b) As a part of the March 2021 through August 2022 medical cannabis facility 33
	35	+	licensing round, all medical cannabis facility registration applicants were constrained by 34
	36	+	a cap on the number of cultivation center and dispensary registrations permitted in each 35
	37	+	Ward. 36 2
	38	+	(c) The caps limited an applicant’s ability to secure affordable, appropriate 37
	39	+	cultivation center and dispensary facilities for their proposed cannabis businesses. The 38
	40	+	available properties within the permitted Wards were limited and some had issues, such 39
	41	+	as inadequate power, ADA access, and other issues regarding essential building 40
	42	+	infrastructure. The applicants were forced to select such facilities when other more 41
	43	+	appropriate facilities exist in other Wards that would require substantially fewer capital 42
	44	+	expenditures by the tenants to make the necessary improvements to the facilities. 43
	45	+	(d) Medical cannabis licenses were conditionally issued to 2 equity impact 44
	46	+	enterprises who were awarded a total of 2 cultivation center registrations and one 45
	47	+	dispensary registration by the ABC Board on September 28, 2022 (“enterprises”). 46
	48	+	(e) The Medical Cannabis Amendment Act of 2022, enacted on January 30, 2023 47
	49	+	(D.C. Act 24-798; 70 DCR ___) (“Act”), removed the caps on the number of cultivation 48
	50	+	center and retailer (formerly, dispensary) registrations per ward (“cap”). 49
	51	+	(f) With this change in the law, the enterprises who were awarded licenses on 50
	52	+	September 28, 2022 must still operate under caps removed by the Act shortly thereafter, 51
	53	+	putting these businesses at a significant disadvantage as they are unable to obtain more 52
	54	+	optimal properties that are compliant and available for cultivation center and retailer 53
	55	+	operations. 54
	56	+	(g) The Medical Cannabis Clarification Emergency Amendment Act of 2023 will 55
	57	+	remedy this issue and enable the enterprises to have the option to change their cultivation 56
	58	+	center or retailer location to another compliant property that was previously unavailable 57
	59	+	to them due to the cap. 58 3
	60	+	(h) Emergency legislation is to amend the Act, which is projected to become law 59
	61	+	at the end of March, to allow these enterprises the ability to locate to optimal properties 60
	62	+	by September 30, 2023, which will enable them to begin operations more quickly and 61
	63	+	better serve registered patients, as the Act will permit other successful applicants to do. 62
	64	+	Sec. 3. The Council of the District of Columbia determines that the 63
	65	+	circumstances enumerated in section 2 constitute emergency circumstances making it 64
	66	+	necessary that the Medical Cannabis Clarification Emergency Amendment Act of 2023 65
	67	+	be adopted after a single reading. 66
	68	+	Sec. 4. This resolution shall take effect immediately. 67