1 1 ______________________________ 2 Councilmember Kenyan R. McDuffie 3 4 5 6 7 A PROPOSED RESOLUTION 8 9 _________ 10 11 12 IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 13 14 __________________ 15 16 17 To declare the existence of an emergency basis, due to congressional review, with respect to the 18 need to amend the Legalization of Marijuana for Medical Treatment Initiative of 1999 to 19 clarify which Advisory Neighborhood Commissions have standing to file a protest and 20 allow the Alcoholic Beverage and Cannabis Board to extend the public comment period 21 for up to 30-calendar days, to establish the requirement that all retailers be located more 22 than 400 feet from each other, to clarify that cultivation center, retailer, and internet 23 retailer licenses issued to unlicensed establishments count toward the overall 50% set 24 aside requirement for social equity applicants, and to clarify the process for unlicensed 25 establishments being issued a medical cannabis cultivation center, retailer, or internet 26 retailer license. 27 28 RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 29 resolution may be cited as the “Medical Cannabis License Clarification Congressional Review 30 Emergency Declaration Resolution of 2024”. 31 Sec. 2. (a) There existed an immediate need to clarify which Advisory Neighborhood 32 Commissions have standing to file a protest and allow the Alcoholic Beverage and Cannabis 33 Board to extend the public comment period for up to 30-calendar days, to establish the 34 requirement that all retailers be located more than 400 feet from each other, to clarify that 35 cultivation center, retailer, and internet retailer licenses issued to unlicensed establishments count 36 toward the overall 50% set aside requirement for social equity applicants, and to clarify the 37 2 process for unlicensed establishments being issued a medical cannabis cultivation center, retailer, 38 or internet retailer license. 39 (b) In February 2024, the Council enacted the Medical Cannabis License Clarification 40 Emergency Amendment Act of 2024, effective February 22, 2024 (D.C. Act 25-403; 71 DCR 41 2101), (“emergency legislation”) and the Medical Cannabis License Clarification Temporary 42 Amendment Act of 2024, passed on 2nd reading on March 5, 2024 (Enrolled version Bill 25-43 679), (“temporary legislation”) to address the above-referenced needs. 44 (c) The emergency legislation expires on May 22, 2024. The temporary legislation must 45 still complete the 30-day review period required by section 602(c)(1) of the District of Columbia 46 Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-47 206.02(c)(1)), and will not become law until after the emergency legislation has expired. 48 (d) It is necessary that the provisions of the emergency legislation continue in effect, 49 without interruption, until the temporary legislation is in effect. 50 Sec. 3. The Council determines that the circumstances enumerated in section 2 constitute 51 emergency circumstances making it necessary that the Medical Cannabis License Clarification 52 Congressional Review Emergency Amendment Act of 2024 be adopted after a single reading. 53 Sec. 4. This resolution shall take effect immediately. 54