District Of Columbia 2023-2024 Regular Session

District Of Columbia Council Bill PR25-0705 Compare Versions

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1- ENROLLED ORIGINAL
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62 1
7-A RESOLUTION
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9-25-459
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11-IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
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13-April 2, 2024
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16-To declare the existence of an emergency, due to congressional review, with respect to the need
17-to amend the Legalization of Marijuana for Medical Treatment Initiative of 1999 to
18-provide that it is unlawful for a licensed or unlicensed cultivation center, manufacturer,
19-retailer, or internet retailer to represent that goods or services or the business is compliant
20-with the Legalization of Possession of Minimal Amounts of Marijuana for Personal Use
21-Initiative of 2014, to authorize the Alcoholic Beverage and Cannabis Board to extend the
22-45-calendar day public comment period by an additional 30-calendar days in response to
23-a written request submitted by either an affected Advisory Neighborhood Commission or
24-the applicant, to clarify that an Advisory Neighborhood Commission within 600 feet of
25-where an establishment is or will be located has standing to protest the issuance of a
26-license to an unlicensed cultivation center, manufacturer, retailer, or internet retailer, to
27-align the enforcement procedures with those provided in Title 25 of the District of
28-Columbia Official Code, and to clarify that the Alcoholic Beverage and Cannabis Board
29-has the authority to issue cease-and-desist orders mandating compliance with the
30-provisions of the Medical Cannabis Program; and to amend the Medical Cannabis
31-Amendment Act of 2022 to clarify that the Alcoholic Beverage and Cannabis Board has
32-authority to enforce against commercial property owners of properties that are used to
33-operate illegal cannabis businesses.
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35-RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
36-resolution may be cited as the “Medical Cannabis Program Enforcement Congressional Review
37-Emergency Declaration Resolution of 2024”.
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39-Sec. 2. (a) On January 9, 2024, the Council passed the Medical Cannabis Program
40-Enforcement Emergency Amendment Act of 2024, effective January 25, 2024 (D.C. Act 25-371;
41-71 DCR 1200) (“emergency act”). The emergency act will expire on April 24, 2024.
42-(b) On February 6, 2024, the Council passed the Medical Cannabis Program Enforcement
43-Temporary Amendment Act of 2024, enacted on February 22, 2024 (D.C. Act 25-396; 71 DCR
44-2082) (“temporary act”). The temporary act is currently undergoing congressional review. ENROLLED ORIGINAL
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3+_____________________________ 1
4+ Councilmember Charles Allen 2
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8+A PROPOSED RESOLUTION 6
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13+IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 11
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15+__________________ 13
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18+To declare the existence of an emergency, due to congressional review, with respect to the need to 16
19+amend the Legalization of Marijuana for Medical Treatment Initiative of 1999 to provide 17
20+that it is unlawful for a licensed or unlicensed cultivation center, manufacturer, retailer, or 18
21+internet retailer to represent that goods or services or the business is compliant with the 19
22+Legalization of Possession of Minimal Amounts of Marijuana for Personal Use Initiative 20
23+of 2014, to authorize the Alcoholic Beverage and Cannabis Board to extend the 45-calendar 21
24+day public comment period by an additional 30-calendar days in response to a written 22
25+request submitted by either an affected Advisory Neighborhood Commission or the 23
26+applicant, to clarify that an Advisory Neighborhood Commission within 600 feet of where 24
27+an establishment is or will be located has standing to protest the issuance of a license to an 25
28+unlicensed cultivation center, manufacturer, retailer, or internet retailer, to align the 26
29+enforcement procedures with those provided in Title 25 of the District of Columbia Official 27
30+Code, and to clarify that the Alcoholic Beverage and Cannabis Board has the authority to 28
31+issue cease-and-desist orders mandating compliance with the provisions of the Medical 29
32+Cannabis Program; and to amend the Medical Cannabis Amendment Act of 2022 to clarify 30
33+that the Alcoholic Beverage and Cannabis Board has authority to enforce against 31
34+commercial property owners of properties that are used to operate illegal cannabis 32
35+businesses. 33
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37+RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 35
38+resolution may be cited as the “Medical Cannabis Program Enforcement Congressional Review 36
39+Emergency Declaration Resolution of 2024”. 37
40+Sec. 2. (a) On January 9, 2024, the Council passed the Medical Cannabis Program 38
41+Enforcement Emergency Amendment Act of 2024, effective January 25, 2024 (D.C. Act 25-371; 39
42+71 DCR 1200) (“emergency act”). The emergency act will expire on April 24, 2024. 40
4943 2
50-(c) To prevent a gap in the law between the expiration of the emergency act and the
51-effective date of the temporary act, it is now necessary to pass this congressional review
52-emergency legislation.
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54-Sec. 3. The Council determines that the circumstances enumerated in section 2 constitute
55-emergency circumstances making it necessary that the Medical Cannabis Program Enforcement
56-Congressional Review Emergency Amendment Act of 2024 be adopted after a single reading.
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58-Sec. 4. This resolution shall take effect immediately.
44+(b) On February 6, 2024, the Council passed the Medical Cannabis Program Enforcement 41
45+Temporary Amendment Act of 2024, enacted on February 22, 2024 (D.C. Act 25-396; 71 DCR 42
46+2082) (“temporary act”). The temporary act is currently undergoing congressional review. 43
47+(c) To prevent a gap in the law between the expiration of the emergency act and the 44
48+effective date of the temporary act, it is now necessary to pass this congressional review emergency 45
49+legislation. 46
50+Sec. 3. The Council of the District of Columbia determines that the circumstances 47
51+enumerated in section 2 constitute emergency circumstances making it necessary that the Medical 48
52+Cannabis Program Enforcement Congressional Review Emergency Amendment Act of 2024 be 49
53+adopted after a single reading. 50
54+Sec. 4. This resolution shall take effect immediately. 51