District Of Columbia 2023-2024 Regular Session

District Of Columbia Council Bill PR25-0325 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	ENROLLED ORIGINAL
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6	1		1
7		-	A RESOLUTION
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9		-	25-231
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11		-	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
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13		-	July 11, 2023
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15		-
16		-	To declare the existence of an emergency with respect to the need to allow the Alcoholic
17		-	Beverage and Cannabis Board (“ABC Board”) to issue temporary non-resident
18		-	registration identification cards that are valid for periods between 3 days and no longer
19		-	than one year in length, allow licensed testing laboratories to receive and test samples of
20		-	medical cannabis products from qualifying patients, allow licensed testing laboratories to
21		-	conduct quality assurance or research and development testing for cultivation centers and
22		-	manufacturers, amend the definition of a social equity applicant to include arrests and
23		-	convictions of qualifying family members for a cannabis or drug offense, expand the list
24		-	of eligible family members under the social equity applicant definition to include siblings
25		-	and grandparents, clarify that existing licensed cultivation centers and retailers, and
26		-	applicants that scored 150 points or more during the open application period that
27		-	occurred between November 29, 2021, and March 28, 2022, that are authorized by statute
28		-	to receive a cultivation center, manufacturer, or retailer license apart from a designated
29		-	open application period are not counted in calculating the 50% set aside requirement,
30		-	clarify that the five cultivation center registration applicants that scored 150 points or
31		-	more during the same open application period shall automatically receive a manufacturer
32		-	license provided they pay the annual fee and register with the ABC Board, allow the
33		-	Alcoholic Beverage and Cannabis Administration to issue conditional licenses to testing
34		-	laboratory applicants, and to waive the application fee for testing laboratory licenses.
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36		-
37		-	RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
38		-	resolution may be cited as the “Medical Cannabis Clarification and Non-Resident Patient Access
39		-	Emergency Declaration Resolution of 2023”.
40		-
41		-	Sec. 2. (a) There exists an immediate need to expand non-resident patient access at
42		-	licensed retailers by making temporary non-resident patient registrations valid for periods other
43		-	than 30 days.
44		-	(b) Non-resident access to medical cannabis is critical for visiting patients. Between
45		-	October 20, 2022, and June 29, 2023, the Alcoholic Beverage and Cannabis Administration ENROLLED ORIGINAL
46		-
47		-
48		-
49		-
50		-	2
51		-	(“ABCA”) has issued approximately 13,489 temporary non-resident patient registrations. Non-
52		-	resident temporary registrations have been issued to patients from all 50 states and
53		-	approximately 33 countries. However, currently temporary non-resident patient registrations can
54		-	only be issued for a 30-day period. This has resulted in requests from some visiting patients and
55		-	stakeholders to be able to purchase a less expensive 3-day non-resident patient registration as
56		-	they are only visiting the District for the weekend. Other non-resident patients and stakeholders
57		-	have asked to be able to purchase a temporary non-resident patient registration that is valid for
58		-	longer than a 30-day period as they are visiting the District for longer than 30 days. Allowing
59		-	ABCA to issue temporary non-resident patient cards that are between 3 days and one year in
60		-	length addresses both needs.
61		-	(c) There exists an immediate need to expand the definition of a social equity applicant to
62		-	include arrests and convictions of qualifying family members for a cannabis or drug-related
63		-	offense and add siblings and grandparents to the list of eligible family members.
64		-	(d) The first open application period implementing the Medical Cannabis Amendment
65		-	Act of 2022, which took effect on March 22, 2023, ends on June 30, 2023, and is limited to
66		-	social equity applicants. As of June 27, 2023, ABCA has received 11 complete medical cannabis
67		-	facility applications from social equity applicants for either a cultivation center, manufacturer, or
68		-	courier license. All 11 complete social equity applications filed with ABCA by June 27, 2023,
69		-	are from returning citizens. None of the 11 social equity applications are from an eligible family
70		-	member applicant with a qualifying family member who was incarcerated for a cannabis or drug-
71		-	related offense.
72		-	(e) While the current social equity definition includes a returning citizen applicant’s
73		-	arrest, conviction, or incarceration for a cannabis or drug related offense, an eligible family
74		-	member is only permitted to apply if the qualifying returning citizen was incarcerated for a
75		-	cannabis or drug related offense. This inconsistency is addressed by including arrests and
76		-	convictions of qualifying family members for a cannabis or drug offense. The list of eligible
77		-	family members has also been expanded to add siblings and grandparents as a person’s arrest,
78		-	conviction, or incarceration for a cannabis or drug related offense can have a significant financial
79		-	and emotional impact on other immediate family members.
80		-	(f) The open application period for cultivation center, manufacturer, and courier licenses
81		-	for non-social equity applicants begins on August 29, 2023. The Medical Cannabis Amendment
82		-	Act of 2022 requires, with minor exceptions, that at least 50% of all cultivation center,
83		-	manufacturer, and courier licenses be set aside for social equity applicants. There exists an
84		-	immediate need to clarify that the number of cultivation center, manufacturer, and courier
85		-	licenses available to non-social equity applicants beginning on August 29, 2023, is based upon
86		-	the number of Alcoholic Beverage and Cannabis Board (“ABC Board”) approved social equity
87		-	applicants for the open application period ending June 30, 2023, and does not take into account
88		-	cultivation center, manufacturer, and retailer applicants that are statutorily permitted to be filed
89		-	with ABCA apart from a designated open application period. ENROLLED ORIGINAL
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91		-
92		-
93		-
	2	+	_____________________________ _____________________________ 1
	3	+	Chairman Phil Mendelson Councilmember Kenyan R. McDuffie 2
94	4		3
95		-	(g) There is an immediate need to clarify that the 5 cultivation center registration
96		-	applicants that scored 150 points or more during the ABC Board open application period that
97		-	occurred between November 29, 2021, and March 28, 2022, are automatically eligible to receive
98		-	a manufacturer license provided they pay the annual fee and register with the ABC Board. This
99		-	will help to shorten the timeline necessary for these 5 cultivation centers to increase the
100		-	production of and the availability of medical cannabis products in the District.
101		-	(h) Four of the 5 cultivation center registration applicants that scored 150 points or more
102		-	during the open application period have been designated by the Department of Small and Local
103		-	Business Development as a Medical Cannabis Certified Business Enterprise with an equity
104		-	impact enterprise certification subcategory.
105		-	(i) In a medical cannabis marketplace, products are tested for moisture content,
106		-	cannabinoid potency, microbial contamination, pesticides, and other items to ensure that the
107		-	product is safe and the patient can make an informed purchase. Despite years of effort to attract
108		-	testing laboratory licensees, we currently do not have any testing laboratories operating in the
109		-	District to test medical cannabis products from cultivation centers or manufacturers. To
110		-	incentivize applications for testing laboratories, there exists an immediate need to waive the
111		-	application fee, to allow ABCA to issue conditional licenses to successful testing laboratory
112		-	applicants, to allow a licensed testing laboratory to test samples of medical cannabis products
113		-	from qualifying patients and to allow cultivation centers and manufacturers to submit product
114		-	samples to a testing laboratory for purposes of quality assurance or research and development.
115		-
116		-	Sec. 3. The Council determines that the circumstances enumerated in section 2 constitute
117		-	emergency circumstances, making it necessary that the Medical Cannabis Clarification and Non-
118		-	Resident Patient Access Emergency Amendment Act of 2023 be adopted after a single reading.
119		-
120		-	Sec. 4. This resolution shall take effect immediately.
	5	+	4
	6	+	A PROPOSED RESOLUTION 5
	7	+	_________________ 6
	8	+	7
	9	+	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 8
	10	+	_________________________ 9
	11	+	10
	12	+	To declare the existence of an emergency with respect to the need to allow the Alcoholic 11
	13	+	Beverage and Cannabis Board to issue temporary non-resident registration identification 12
	14	+	cards that are valid for periods between 3 days and no longer than one year in length, 13
	15	+	allow licensed testing laboratories to receive and test samples of medical cannabis 14
	16	+	products from qualifying patients, allow licensed testing laboratories to conduct quality 15
	17	+	assurance or research and development testing for cultivation centers and manufacturers, 16
	18	+	amend the definition of a social equity applicant to include arrests and convictions of 17
	19	+	qualifying family members for a cannabis or drug offense, expand the list of eligible 18
	20	+	family members under the social equity applicant definition to include siblings and 19
	21	+	grandparents, clarify that existing licensed cultivation centers and retailers, and applicants 20
	22	+	that scored 150 points or more during the open application period that occurred between 21
	23	+	November 29, 2021 and March 28, 2022 that are authorized by statute to receive a 22
	24	+	cultivation center, manufacturer, or retailer license apart from a designated open 23
	25	+	application period are not counted in calculating the 50% set aside requirement, clarify 24
	26	+	that the five cultivation center registration applicants that scored 150 points or more 25
	27	+	during the same open application period shall automatically receive a manufacturer 26
	28	+	license provided they pay the annual fee and register with the ABC Board, allow the 27
	29	+	Alcoholic Beverage and Cannabis Board to issue conditional licenses to testing 28
	30	+	laboratory applicants, and to waive the application fee for testing laboratory licenses. 29
	31	+	30
	32	+	31
	33	+	RESOLVED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 32
	34	+	resolution may be cited as the “Medical Cannabis Clarification and Non-Resident Patient Access 33
	35	+	Emergency Declaration Resolution of 2023”. 34
	36	+	Sec. 2. (a) First, there exists an immediate need to expand non-resident patient access at 35
	37	+	licensed retailers by making temporary non-resident patient registrations valid for periods other 36
	38	+	than 30 days. 37 2
	39	+	(b) Non-resident access to medical cannabis is critical for visiting patients. 38
	40	+	Between October 20, 2022 and June 29, 2023, the Alcoholic Beverage and Cannabis 39
	41	+	Administration (ABCA) has issued approximately 13,489 temporary non-resident patient 40
	42	+	registrations. Non-resident temporary registrations have been issued to patients from all 50 states 41
	43	+	and approximately 33 countries. However, currently temporary non-resident patient registrations 42
	44	+	can only be issued for a 30-day period. This has resulted in requests from some visiting patients 43
	45	+	and stakeholders to be able to purchase a less expensive 3-day non-resident patient registration as 44
	46	+	they are only visiting the District for the weekend. Other non-resident patients and stakeholders 45
	47	+	have asked to be able to purchase a temporary non-resident patient registration that is valid for 46
	48	+	longer than a 30-day period as they are visiting the District for longer than 30 days. Allowing 47
	49	+	ABCA to issue temporary non-resident patient cards that are between 3 days and one year in 48
	50	+	length addresses both needs. 49
	51	+	(c) Second, there exists an immediate need to expand the definition of a social equity 50
	52	+	applicant to: (1) include arrests and convictions of qualifying family members for a cannabis or 51
	53	+	drug-related offense, and (2) add siblings and grandparents to the list of eligible family members. 52
	54	+	(d) The first open application period implementing the Medical Cannabis Amendment 53
	55	+	Act of 2022, which took effect on March 22, 2023, ends on June 30, 2023 and is limited to social 54
	56	+	equity applicants. As of June 27, 2023, ABCA has received 11 complete medical cannabis 55
	57	+	facility applications from social equity applicants for either a cultivation center, manufacturer, or 56
	58	+	courier license. All 11 complete social equity applications filed with ABCA by June 27, 2023 57
	59	+	are from returning citizens. None of the 11 social equity applications are from an eligible family 58
	60	+	member applicant with a qualifying family member who was incarcerated for a cannabis or drug-59
	61	+	related offense. 60 3
	62	+	(e) While the current social equity definition includes a returning citizen applicant’s 61
	63	+	arrest, conviction, or incarceration for a cannabis or drug related offense, an eligible family 62
	64	+	member is only permitted to apply if the qualifying returning citizen was incarcerated for a 63
	65	+	cannabis or drug related offense. This inconsistency is addressed by including arrests and 64
	66	+	convictions of qualifying family members for a cannabis or drug offense. The list of eligible 65
	67	+	family members has also been expanded to add siblings and grandparents as their arrest, 66
	68	+	conviction, or incarceration for a cannabis or drug related offense can have a significant financial 67
	69	+	and emotional impact on other immediate family members. 68
	70	+	(f) Third, the open application period for cultivation center, manufacturer, and courier 69
	71	+	licenses for non-social equity applicants begins on August 29, 2023. The Medical Cannabis 70
	72	+	Amendment Act of 2022 requires, with minor exceptions, that at least 50% of all cultivation 71
	73	+	center, manufacturer, and courier licenses be set aside for social equity applicants. There exists 72
	74	+	an immediate need to clarify that the number of cultivation center, manufacturer, and courier 73
	75	+	licenses available to non-social equity applicants beginning on August 29, 2023 is based upon 74
	76	+	the number of ABC Board approved social equity applicants for the open application period 75
	77	+	ending June 30, 2023, and does not take into account cultivation center, manufacturer, and 76
	78	+	retailer applicants that are statutorily permitted to be filed with ABCA apart from a designated 77
	79	+	open application period. 78
	80	+	(g) Fourth, there is an immediate need to clarify that the five cultivation center 79
	81	+	registration applicants that scored 150 points or more as a result of the ABC Board open 80
	82	+	application period that occurred between November 29, 2021 and March 28, 2022 are 81
	83	+	automatically eligible to receive a manufacturer license provided they pay the annual fee and 82
	84	+	register with the ABC Board. This will help to shorten the timeline necessary for these five 83 4
	85	+	cultivation centers to increase the production of and the availability of medical cannabis products 84
	86	+	in the District. 85
	87	+	(h) Four of the five cultivation center registration applicants that scored 150 points or 86
	88	+	more as a result of the open application period have been designated by the Department of Small 87
	89	+	and Local Business Development as a Medical Cannabis Certified Business Enterprise with an 88
	90	+	equity impact enterprise certification subcategory. 89
	91	+	(i) And fifth, in a medical cannabis marketplace, products are tested for moisture content, 90
	92	+	cannabinoid potency, microbial contamination, pesticides, and other items to ensure that the 91
	93	+	product is safe and the patient can make an informed purchase. Despite years of effort to attract 92
	94	+	testing laboratory licensees, we currently do not have any testing laboratories operating in the 93
	95	+	District to test medical cannabis products from cultivation centers or manufacturers. To 94
	96	+	incentivize applications for testing laboratories, there exists an immediate need to waive the 95
	97	+	application fee, to allow ABCA to issue conditional licenses to successful testing laboratory 96
	98	+	applicants, to allow a licensed testing laboratory to test samples of medical cannabis products 97
	99	+	from qualifying patients and to allow cultivation centers and manufacturers to submit product 98
	100	+	samples to a testing laboratory for purposes of quality assurance or research and development. 99
	101	+	Sec. 3. The Council of the District of Columbia determines that the circumstances 100
	102	+	enumerated in section 2 constitute emergency circumstances, making it necessary that the 101
	103	+	Medical Cannabis Clarification and Non-Resident Patient Access Emergency Amendment Act of 102
	104	+	2023 be adopted after a single reading. 103
	105	+	Sec. 4. This resolution shall take effect immediately. 104