7 | | - | A RESOLUTION |
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8 | | - | |
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9 | | - | 25-459 |
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10 | | - | |
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11 | | - | IN THE COUNCIL OF THE DISTRICT OF COLUMBIA |
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12 | | - | |
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13 | | - | April 2, 2024 |
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14 | | - | |
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15 | | - | |
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16 | | - | To declare the existence of an emergency, due to congressional review, with respect to the need |
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17 | | - | to amend the Legalization of Marijuana for Medical Treatment Initiative of 1999 to |
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18 | | - | provide that it is unlawful for a licensed or unlicensed cultivation center, manufacturer, |
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19 | | - | retailer, or internet retailer to represent that goods or services or the business is compliant |
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20 | | - | with the Legalization of Possession of Minimal Amounts of Marijuana for Personal Use |
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21 | | - | Initiative of 2014, to authorize the Alcoholic Beverage and Cannabis Board to extend the |
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22 | | - | 45-calendar day public comment period by an additional 30-calendar days in response to |
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23 | | - | a written request submitted by either an affected Advisory Neighborhood Commission or |
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24 | | - | the applicant, to clarify that an Advisory Neighborhood Commission within 600 feet of |
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25 | | - | where an establishment is or will be located has standing to protest the issuance of a |
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26 | | - | license to an unlicensed cultivation center, manufacturer, retailer, or internet retailer, to |
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27 | | - | align the enforcement procedures with those provided in Title 25 of the District of |
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28 | | - | Columbia Official Code, and to clarify that the Alcoholic Beverage and Cannabis Board |
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29 | | - | has the authority to issue cease-and-desist orders mandating compliance with the |
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30 | | - | provisions of the Medical Cannabis Program; and to amend the Medical Cannabis |
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31 | | - | Amendment Act of 2022 to clarify that the Alcoholic Beverage and Cannabis Board has |
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32 | | - | authority to enforce against commercial property owners of properties that are used to |
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33 | | - | operate illegal cannabis businesses. |
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34 | | - | |
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35 | | - | RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this |
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36 | | - | resolution may be cited as the “Medical Cannabis Program Enforcement Congressional Review |
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37 | | - | Emergency Declaration Resolution of 2024”. |
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38 | | - | |
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39 | | - | Sec. 2. (a) On January 9, 2024, the Council passed the Medical Cannabis Program |
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40 | | - | Enforcement Emergency Amendment Act of 2024, effective January 25, 2024 (D.C. Act 25-371; |
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41 | | - | 71 DCR 1200) (“emergency act”). The emergency act will expire on April 24, 2024. |
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42 | | - | (b) On February 6, 2024, the Council passed the Medical Cannabis Program Enforcement |
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43 | | - | Temporary Amendment Act of 2024, enacted on February 22, 2024 (D.C. Act 25-396; 71 DCR |
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44 | | - | 2082) (“temporary act”). The temporary act is currently undergoing congressional review. ENROLLED ORIGINAL |
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45 | | - | |
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46 | | - | |
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47 | | - | |
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48 | | - | |
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| 3 | + | _____________________________ 1 |
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| 4 | + | Councilmember Charles Allen 2 |
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| 5 | + | 3 |
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| 6 | + | 4 |
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| 7 | + | 5 |
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| 8 | + | A PROPOSED RESOLUTION 6 |
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| 9 | + | 7 |
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| 10 | + | _________ 8 |
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| 11 | + | 9 |
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| 12 | + | 10 |
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| 13 | + | IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 11 |
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| 14 | + | 12 |
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| 15 | + | __________________ 13 |
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| 16 | + | 14 |
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| 17 | + | 15 |
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| 18 | + | To declare the existence of an emergency, due to congressional review, with respect to the need to 16 |
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| 19 | + | amend the Legalization of Marijuana for Medical Treatment Initiative of 1999 to provide 17 |
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| 20 | + | that it is unlawful for a licensed or unlicensed cultivation center, manufacturer, retailer, or 18 |
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| 21 | + | internet retailer to represent that goods or services or the business is compliant with the 19 |
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| 22 | + | Legalization of Possession of Minimal Amounts of Marijuana for Personal Use Initiative 20 |
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| 23 | + | of 2014, to authorize the Alcoholic Beverage and Cannabis Board to extend the 45-calendar 21 |
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| 24 | + | day public comment period by an additional 30-calendar days in response to a written 22 |
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| 25 | + | request submitted by either an affected Advisory Neighborhood Commission or the 23 |
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| 26 | + | applicant, to clarify that an Advisory Neighborhood Commission within 600 feet of where 24 |
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| 27 | + | an establishment is or will be located has standing to protest the issuance of a license to an 25 |
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| 28 | + | unlicensed cultivation center, manufacturer, retailer, or internet retailer, to align the 26 |
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| 29 | + | enforcement procedures with those provided in Title 25 of the District of Columbia Official 27 |
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| 30 | + | Code, and to clarify that the Alcoholic Beverage and Cannabis Board has the authority to 28 |
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| 31 | + | issue cease-and-desist orders mandating compliance with the provisions of the Medical 29 |
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| 32 | + | Cannabis Program; and to amend the Medical Cannabis Amendment Act of 2022 to clarify 30 |
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| 33 | + | that the Alcoholic Beverage and Cannabis Board has authority to enforce against 31 |
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| 34 | + | commercial property owners of properties that are used to operate illegal cannabis 32 |
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| 35 | + | businesses. 33 |
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| 36 | + | 34 |
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| 37 | + | RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 35 |
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| 38 | + | resolution may be cited as the “Medical Cannabis Program Enforcement Congressional Review 36 |
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| 39 | + | Emergency Declaration Resolution of 2024”. 37 |
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| 40 | + | Sec. 2. (a) On January 9, 2024, the Council passed the Medical Cannabis Program 38 |
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| 41 | + | Enforcement Emergency Amendment Act of 2024, effective January 25, 2024 (D.C. Act 25-371; 39 |
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| 42 | + | 71 DCR 1200) (“emergency act”). The emergency act will expire on April 24, 2024. 40 |
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50 | | - | (c) To prevent a gap in the law between the expiration of the emergency act and the |
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51 | | - | effective date of the temporary act, it is now necessary to pass this congressional review |
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52 | | - | emergency legislation. |
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53 | | - | |
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54 | | - | Sec. 3. The Council determines that the circumstances enumerated in section 2 constitute |
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55 | | - | emergency circumstances making it necessary that the Medical Cannabis Program Enforcement |
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56 | | - | Congressional Review Emergency Amendment Act of 2024 be adopted after a single reading. |
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57 | | - | |
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58 | | - | Sec. 4. This resolution shall take effect immediately. |
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| 44 | + | (b) On February 6, 2024, the Council passed the Medical Cannabis Program Enforcement 41 |
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| 45 | + | Temporary Amendment Act of 2024, enacted on February 22, 2024 (D.C. Act 25-396; 71 DCR 42 |
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| 46 | + | 2082) (“temporary act”). The temporary act is currently undergoing congressional review. 43 |
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| 47 | + | (c) To prevent a gap in the law between the expiration of the emergency act and the 44 |
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| 48 | + | effective date of the temporary act, it is now necessary to pass this congressional review emergency 45 |
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| 49 | + | legislation. 46 |
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| 50 | + | Sec. 3. The Council of the District of Columbia determines that the circumstances 47 |
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| 51 | + | enumerated in section 2 constitute emergency circumstances making it necessary that the Medical 48 |
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| 52 | + | Cannabis Program Enforcement Congressional Review Emergency Amendment Act of 2024 be 49 |
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| 53 | + | adopted after a single reading. 50 |
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| 54 | + | Sec. 4. This resolution shall take effect immediately. 51 |
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