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A BILL 2
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26-163 5
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IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 8
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___________ 10
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To amend, on a temporary basis, the Legalization of Marijuana for Medical Treatment Initiative 13
of 1999 to amend the definition of an unlicensed establishment to include establishments 14
that sell Schedule I substances or products that contain Schedule I substances; to 15
authorize enforcement actions to be taken against all unlicensed establishments beginning 16
on April 1, 2025, regardless of whether the unlicensed establishments have an application 17
pending application before the Alcoholic Beverage and Control Board (“ABC Board”); to 18
authorize certain enforcement actions before April 1, 2025, against an unlicensed 19
establishment that has an application pending before the ABC Board if the unlicensed 20
establishment sells a Schedule I substance or a product that contains a Schedule I 21
substance; to authorize summary closures and related enforcement actions to continue for 22
as long as the imminent danger to the public persists and is likely to recur ; and to 23
authorize the ABC Board to issue a notice of summary closure to and order the 24
padlocking of, and to allow the Alcoholic Beverage and Cannabis Administration and 25
Metropolitan Police Department to take related enforcement actions against a licensed 26
medical cannabis establishment that engages in certain unlawful activity. 27
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BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 29
act may be cited as the “Unlicensed Establishment Enforcement Clarification Temporary 30
Amendment Act of 2025”. 31
Sec. 2. The Legalization of Marijuana for Medical Treatment Initiative of 1999, effective 32
July 27, 2010 (D.C. Law 18-210; D.C. Official Code § 7-1671.01 et seq. ), is amended as follows: 33
(a) Section 2 (D.C. Official Code § 7-1671.01) is amended as follows: 34 ENGROSSED ORIGINAL
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(1) A new paragraph (2B) is added to read as follows: 35
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(2B) “Cannabis product” means a product derived from or composed of
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cannabis, in part or in whole.”. 37
(1
2) A new paragraph (20B-i) is added to read as follows:
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“(20B- i) “Schedule I substance” means a controlled substance listed in section 39
204 of the District of Columbia Uniform Controlled Substances Act of 1981, effective August 5, 40
1981 (D.C. Law 4-29; D.C. Official Code § 48-902.04), or rules implementing that section.”. 41
(3) Paragraph (22) is amended to read as follows: 42
“(22) “ Unlicensed establishment" means: 43
“ (A) A sole proprietorship, partnership, or other business entity that: 44
“ (i) Sells, exchanges as part of a commercial transaction, or 45
delivers cannabis and cannabis products; 46
“ (ii) Operates at or delivers from a specific location in the District; 47
and 48
“( iii) Is not licensed by ABCA as a cultivation center, retailer, 49
internet retailer, manufacturer, courier, or testing laboratory; or 50
“ (B) For the purposes of section 9(c -1), (g), (h), and (i), a sole 51
proprietorship, partnership, or other business entity that: 52
“(i) Sells, exchanges as part of a commercial transaction, or 53
delivers Schedule I substances or products that contain Schedule I substances; and 54 ENGROSSED ORIGINAL
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“(ii) Operates at or delivers from a specific location in the 55
District.”. 56
(b) Section 7b (D.C. Official Code § 7-1671.06b) is amended by adding by inserting a 57
new subsection (a-1) to read as follows: 58
(1
) A new subsection (a-1) is added to read as follows:
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“(
-1) Notwithstanding subsection (a)any other provision of this section, an unlicensed
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establishment may be summarily closed and padlocked, pursuant to section 9(g) after April 61
1, 2025.”. 62
“(1
) Regardless of whether an unlicensed establishment has a retailer or internet retailer
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application pending review with the ABC Board, the ABCA may inspect the entire premises, 64
inventory, and business records of the unlicensed establishment pursuant to section 9(g), ABCA 65
investigators from testing products of the unlicensed establishment under section 9(i), and the 66
ABC Board from summarily closing and ordering the padlocking of the unlicensed establishment 67
pursuant to section 9(g), ABCA or MPD from padlocking the unlicensed establishment pursuant 68
to section 9(g), ABCA or MPD from seizing cannabis, cannabis products, Schedule I substances, 69
and products that contain Schedule I substances found at the premises of the unlicensed 70
establishment pursuant to section 9(g), or the ABC Board, ABCA, or MPD from taking action 71
under section 9(h) if the unlicensed establishment distributes, attempts to distribute, or makes 72
available for sale or exchange a Schedule I substance or a product that contains a Schedule I 73
substance. 74 ENGROSSED ORIGINAL
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“(2) After April 1, 2025, an unlicensed establishment shall be subject to 75
compliance with this act regardless of whether the unlicensed establishment has a retailer or 76
internet retailer application pending review with the ABC Board.”. 77
(c) Section 9 (D.C. Official Code § 7-1671.08) is amended as follows: 78
(1) A new subsection (c-1) is added to read as follows: 79
“(c-1
) It shall be a violation of this act for a licensed establishment or an unlicensed
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establishment (regardless of whether the unlicensed establishment has an application 81
pending before the ABC Board) to sell, exchange as part of a commercial transaction, or 82
deliver Schedule I substances or products that contain Schedule I substances.”. 83
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2) Subsection (g) is amended as follows:
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(A) Paragraph (1) is amended as follows: 85
(i) Strike the phrase “this title” and insert the phrase “this act or is 86
selling, exchanging as part of a commercial transaction, or delivering a Schedule I substance or 87
products that contains a Schedule I substance” in its place. 88
(ii) Strike the phrase “cannabis products” and insert the phrase 89
“cannabis products, Schedule I substances, or products that contain Schedule I substances” in its 90
place. 91
(B) A new paragraph (6) is added to read as follows: 92
“(6) The Board may continue the summary closure, and order of padlocking of 93
the premises, and the padlocking of the premises and seizure of cannabis , cannabis products, 94 ENGROSSED ORIGINAL
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Schedule I substances, and products containing Schedule I substances may continue, until the 95
imminent danger that trigger ed the summary closure is abated . Even if the imminent danger that 96
triggered the summary closure is abated , the Board may continue the summary closure, order of 97
and the padlocking, of the premises and seizure of cannabis, cannabis products, Schedule I 98
substances, and products containing Schedule I substances may continue, if the Board 99
determines, in its reasonable judgment, the imminent danger is likely to recur .”. 100
(3
) A new subsection (g-1) is added to read as follows:
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-1)(1) The ABC Board may summarily close and order the padlocking, by ABCA
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or MPD without a prior hearing, of a licensed establishment, and ABCA or MPD may seize 103
all cannabis, cannabis products, Schedule I substances, and products containing Schedule I 104
substances found at the premises, if, after an inspection, ABCA determines that the 105
licensed establishment presents an imminent danger to the health and safety of the public 106
for the reasons set forth in subsection (g)(2)(C) through (G) of this section. 107
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(2) ABCA shall provide the licensed establishment’s owner and the property
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owner with written notice of the summary closure and the right to request a hearing. 109
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(3) The owner of the licensed establishment shall have 5 business days after
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service of the notice of summary closure to request a hearing with the ABC Board, which 111
shall hold a hearing within 5 business days of a timely request. 112 ENGROSSED ORIGINAL
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“(4) The ABC Board shall issue a written decision within 5 business days 113
after the hearing, or if no hearing is requested, within 10 business days after the service of 114
the notice.”. 115
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(5) The Board may continue the summary closure, padlocking of the
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premises, and seizure of cannabis, cannabis products, Schedule I substances, and products 117
containing Schedule I substances until the imminent danger that triggered the summary 118
closure is abated. Even if the imminent danger that triggered the summary closure is 119
abated, the Board may continue the summary closure, order of padlocking, and seizure of 120
cannabis, cannabis products, Schedule I substances, and products containing Schedule I 121
substances, if the Board determines, in its reasonable judgment, the imminent danger is 122
likely to recur.”. 123
(4
) Subsection (h) is amended as follows:
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(
A) Paragraph (1) is amended to read as follows:
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“(
1) ABCA or the Metropolitan Police Department may post signage at the
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site of the unlicensed establishment or licensed establishment indicating that activity that 127
violates this act has been found to have occurred at the establishment.”. 128
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B) Paragraph (2) is amended by striking the phrase “unlicensed
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establishment” and inserting the phrase “unlicensed establishment or licensed 130
establishment” in its place. 131
(5
2) Subsection (i)(1) is amended to read as follows:
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“(i)(1) An ABCA investigator may test cannabis substances and cannabis products 133
found at a licensed establishment or unlicensed establishment for the presence and to quantity 134
their of THC content and may test other substances and products found at a licensed 135
establishment or unlicensed establishment for the presence and quantity of or a Schedule I 136
substance.”. 137
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MPD without a prior hearing, of a licensed establishment, and ABCA or MPD may seize all 140
cannabis, cannabis products, Schedule I substances, and products containing Schedule I 141
substances found at the premises, if, after an inspection, ABCA determines that the licensed 142
establishment that presents an imminent danger to the health and safety of the public for the 143
reasons set forth in subsection (g)(C) through (G) of this section. 144
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(2) ABCA shall provide the licensed establishment’s owner and the property
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owner with written notice of the summary closure and the right to request a hearing. 146
“(3
) The owner of the licensed establishment shall have 5 business days after
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service of the notice of summary closure to request a hearing with the ABC Board, which shall 148
hold a hearing within 5 business days of a timely request. The ABC Board shall issue a written 149
decision within 5 business days after the hearing, or if no hearing is requested, within 10 150
business days after the service of the notice. 151 ENGROSSED ORIGINAL
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“(4)(A) ABCA or the Metropolitan Police Department may post signage at the 152
site of the licensed establishment indicating that unlawful activity has been found to have 153
occurred for violations of this chapter. 154
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(B) If the ABC Board orders the closure of a licensed establishment, the
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ABC Board shall post 2 notices in conspicuous places at or near the main street entrance on the 156
outside of the establishment. 157
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C) The posted notice shall state that the closure is ordered because of a
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violation of this chapter or of the regulations promulgated pursuant to this chapter. 159
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(D) Any person willfully removing, obliterating, or defacing the notice
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shall be guilty of a violation of this chapter.”. 161
Sec 4. Fiscal impact statement. 162
The Council adopts the fiscal impact statement of the Chief Financial Officer as the fiscal 163
impact statement required by section 4a of the General Legislative Procedures Act of 1975, 164
approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 165
Sec. 5. Effective date. 166
(a) This act shall take effect following approval by the Mayor (or in the event of veto by 167
the Mayor, action by the Council to override the veto), a 30 -day period of congressional review 168
as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 169
24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of 170
Columbia Register. 171 ENGROSSED ORIGINAL
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(b) This act shall expire after 225 days of its having taken effect. 172