District Of Columbia 2023-2024 Regular Session

District Of Columbia Council Bill PR25-0456 Compare Versions

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1- ENROLLED ORIGINAL
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8-A RESOLUTION
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10-25-276
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12-IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
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14-October 3, 2023
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17-To declare the existence of an emergency basis, due to congressional review, amend the
18-Legalization of Marijuana for Medical Treatment Initiative of 1999 to allow the
19-Alcoholic Beverage and Cannabis Board (“ABC Board”) to issue temporary non-resident
20-registration identification cards that are valid for periods between 3 days and no longer
21-than one year in length, allow licensed testing laboratories to receive and test samples of
22-medical cannabis products from qualifying patients, allow licensed testing laboratories to
23-conduct quality assurance or research and development testing for cultivation centers and
24-manufacturers, amend the definition of a social equity applicant to include arrests and
25-convictions of qualifying family members for a cannabis or drug offense, expand the list
26-of eligible family members under the social equity applicant definition to include siblings
27-and grandparents, clarify that existing licensed cultivation centers and retailers and
28-applicants that scored 150 points or more during the open application period that
29-occurred between November 29, 2021 and March 28, 2022, that are authorized by statute
30-to receive a cultivation center, manufacturer, or retailer license apart from a designated
31-open application period are not counted in calculating the 50% set aside requirement,
32-clarify that the 5 cultivation center registration applicants that scored 150 points or more
33-during the same open application period shall automatically receive a manufacturer
34-license provided that they pay the annual fee and register with the ABC Board, allow the
35-Alcoholic Beverage and Cannabis Administration to issue conditional licenses to testing
36-laboratory applicants, and to waive the application fee for testing laboratory licenses.
37-
38-RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
39-resolution may be cited as the “Medical Cannabis Clarification and Non-Resident Patient Access
40-Congressional Review Emergency Declaration Resolution of 2023”.
41-
42- Sec. 2(a) There existed a need to expand non-resident patient access at licensed retailer
43-by making temporary non-resident patient registrations valid for periods other than 30 days, to
44-expand the definition of a social equity applicant to include arrests and convictions of qualifying
45-family members for a cannabis or drug-related offense and add siblings and grandparents to the
46-list of eligible family members, and to clarify that the 5 cultivation center registration applicants ENROLLED ORIGINAL
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4+____________________________ 1
5+Councilmember Kenyan R. McDuffie 2
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9+A PROPOSED RESOLUTION 6
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11+_____________ 8
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13+IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 10
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15+__________________ 12
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18+To declare the existence of an emergency basis, due to congressional review, amend the 15
19+Legalization of Marijuana for Medical Treatment Initiative of 1999 to allow the 16
20+Alcoholic Beverage and Cannabis Board (“ABC Board”) to issue temporary non-resident 17
21+registration identification cards that are valid for periods between 3 days and no longer 18
22+than one year in length, allow licensed testing laboratories to receive and test samples of 19
23+medical cannabis products from qualifying patients, allow licensed testing laboratories to 20
24+conduct quality assurance or research and development testing for cultivation centers and 21
25+manufacturers, amend the definition of a social equity applicant to include arrests and 22
26+convictions of qualifying family members for a cannabis or drug offense, expand the list 23
27+of eligible family members under the social equity applicant definition to include siblings 24
28+and grandparents, clarify that existing licensed cultivation centers and retailers and 25
29+applicants that scored 150 points or more during the open application period that 26
30+occurred between November 29, 2021 and March 28, 2022, that are authorized by statute 27
31+to receive a cultivation center, manufacturer, or retailer license apart from a designated 28
32+open application period are not counted in calculating the 50% set aside requirement, 29
33+clarify that the 5 cultivation center registration applicants that scored 150 points or more 30
34+during the same open application period shall automatically receive a manufacturer 31
35+license provided that they pay the annual fee and register with the ABC Board, allow the 32
36+Alcoholic Beverage and Cannabis Administration to issue conditional licenses to testing 33
37+laboratory applicants, and to waive the application fee for testing laboratory licenses. 34
38+ 35
39+RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 36
40+resolution may be cited as the “Medical Cannabis Clarification and Non-Resident Patient Access 37
41+Congressional Review Emergency Declaration Resolution of 2023”. 38
42+ 39
43+ Sec. 2(a) There existed a need to expand non-resident patient access at licensed retailer 40
44+by making temporary non-resident patient registrations valid for periods other than 30 days, to 41
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53-that scored 150 points or more during the ABC Board open application period that occurred
54-between November 29, 2021, and March 28, 2022, are automatically eligible to receive a
55-manufacturer license provided they pay the annual fee and register with the ABC Board.
56- (b) In July 2023, the Council enacted the Medical Cannabis Clarification and Non-
57-Resident Patient Access Emergency Amendment Act of 2023, effective July 31, 2023 (D.C. Act
58-25-194; 70 DCR 10733), (“emergency legislation”) and the Medical Cannabis Clarification and
59-Non-Resident Patient Access Temporary Amendment Act of 2023, passed on 2nd on reading on
60-September 19, 2023 (Enrolled version Bill 25-368), (“temporary legislation”) to address the
61-above-referenced needs.
62- (c) The emergency legislation expires on October 29, 2023. The temporary legislation
63-must still complete the 30-day review period required by section 602(c)(1) of the District of
64-Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-
65-206.02(c)(1)), and will not become law until after the emergency legislation has expired.
66- (d) It is necessary that the provisions of the emergency legislation continue in effect,
67-without interruption, until the temporary legislation is in effect.
47+expand the definition of a social equity applicant to include arrests and convictions of qualifying 42
48+family members for a cannabis or drug-related offense and add siblings and grandparents to the 43
49+list of eligible family members, and to clarify that the 5 cultivation center registration applicants 44
50+that scored 150 points or more during the ABC Board open application period that occurred 45
51+between November 29, 2021, and March 28, 2022, are automatically eligible to receive a 46
52+manufacturer license provided they pay the annual fee and register with the ABC Board. 47
53+ (b) In July 2023, the Council enacted the Medical Cannabis Clarification and Non-48
54+Resident Patient Access Emergency Amendment Act of 2023, effective July 31, 2023 (D.C. Act 49
55+25-194; 70 DCR 10733), (“emergency legislation”) and the Medical Cannabis Clarification and 50
56+Non-Resident Patient Access Temporary Amendment Act of 2023, passed on 2nd on reading on 51
57+September 19, 2023 (Enrolled version Bill 25-368), (“temporary legislation”) to address the 52
58+above-referenced needs. 53
59+ (c) The emergency legislation expires on October 29, 2023. The temporary legislation 54
60+must still complete the 30-day review period required by section 602(c)(1) of the District of 55
61+Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-56
62+206.02(c)(1)), and will not become law until after the emergency legislation has expired. 57
63+ (d) It is necessary that the provisions of the emergency legislation continue in effect, 58
64+without interruption, until the temporary legislation is in effect. 59
65+Sec. 3. The Council determines that the circumstances enumerated in section 2 constitute 60
66+emergency circumstances making it necessary that the Medical Cannabis Clarification and Non-61
67+Resident Patient Access Congressional Review Emergency Amendment Act of 2023 be adopted 62
68+after a single reading. 63
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69-Sec. 3. The Council determines that the circumstances enumerated in section 2 constitute
70-emergency circumstances making it necessary that the Medical Cannabis Clarification and Non-
71-Resident Patient Access Congressional Review Emergency Amendment Act of 2023 be adopted
72-after a single reading.
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74-Sec. 4. This resolution shall take effect immediately.
71+Sec. 4. This resolution shall take effect immediately. 64