District Of Columbia 2025-2026 Regular Session

District Of Columbia Council Bill B26-0163 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
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	1	+	ENGROSSED ORIGINAL
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7		-	AN ACT
8		-
9		-	___________
10		-
11		-
12		-	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
13		-
14		-	___________
15		-
16		-
17		-	To amend, on a temporary basis, the Legalization of Marijuana for Medical Treatment Initiative
18		-	of 1999 to amend the definition of an unlicensed establishment to include establishments
19		-	that sell Schedule I substances or products that contain Schedule I substances, to
20		-	authorize enforcement actions to be taken against all unlicensed establishments beginning
21		-	on April 1, 2025, regardless of whether the unlicensed establishments have an application
22		-	pending application before the Alcoholic Beverage and Cannabis Board , to authorize
23		-	certain enforcement actions before April 1, 2025, against an unlicensed establishment
24		-	that has an application before the Alcoholic Beverage and Cannabis Board if the
25		-	unlicensed establishment sells a Schedule I substance or a product that contains a
26		-	Schedule I substance, to authorize summary closures and related enforcement actions to
27		-	continue for as long as the imminent danger to the public persists and is likely to recur ,
28		-	and to allow the Alcoholic Beverage and Cannabis Administration and Metropolitan
29		-	Police Department to take related enforcement actions against a licensed medical
30		-	cannabis establishment that engages in certain unlawful activity.
31		-
32		-	BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
33		-	act may be cited as the “Unlicensed Establishment Enforcement Clarification Temporary
34		-	Amendment Act of 2025 ”.
35		-
36		-	Sec. 2. The Legalization of Marijuana for Medical Treatment Initiative of 1999, effective
37		-	July 27, 2010 (D.C. Law 18-210; D.C. Official Code § 7- 1671.01 et seq. ), is amended as follows:
38		-	(a) Section 2 (D.C. Official Code § 7- 1671.01) is amended as follows:
39		-	(1) A new paragraph (20B-i) is added to read as follows:
40		-	“(20B-i) “Schedule I substance” means a controlled substance listed in section
41		-	204 of the District of Columbia Uniform Controlled Substances Act of 1981, effective August 5,
42		-	1981 (D.C. Law 4- 29; D.C. Official Code § 48- 902.04), or rules implementing that section.”.
43		-	(2) Paragraph (22) is amended to read as follows:
44		-	“(22) “Unlicensed establishment” means:
45		-	“(A) A sole proprietorship, partnership, or other business entity that: ENROLLED ORIGINAL
	7	+	1
	8	+	A BILL 2
	9	+	3
	10	+	4
	11	+	26-163 5
	12	+	6
	13	+	7
	14	+	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 8
	15	+	9
	16	+	___________ 10
	17	+	11
	18	+	12
	19	+	To amend, on a temporary basis, the Legalization of Marijuana for Medical Treatment Initiative 13
	20	+	of 1999 to amend the definition of an unlicensed establishment to include establishments 14
	21	+	that sell Schedule I substances or products that contain Schedule I substances; to 15
	22	+	authorize enforcement actions to be taken against all unlicensed establishments beginning 16
	23	+	on April 1, 2025, regardless of whether the unlicensed establishments have an application 17
	24	+	pending application before the Alcoholic Beverage and Control Board (“ABC Board”); to 18
	25	+	authorize certain enforcement actions before April 1, 2025, against an unlicensed 19
	26	+	establishment that has an application pending before the ABC Board if the unlicensed 20
	27	+	establishment sells a Schedule I substance or a product that contains a Schedule I 21
	28	+	substance; to authorize summary closures and related enforcement actions to continue for 22
	29	+	as long as the imminent danger to the public persists and is likely to recur ; and to 23
	30	+	authorize the ABC Board to issue a notice of summary closure to and order the 24
	31	+	padlocking of, and to allow the Alcoholic Beverage and Cannabis Administration and 25
	32	+	Metropolitan Police Department to take related enforcement actions against a licensed 26
	33	+	medical cannabis establishment that engages in certain unlawful activity. 27
	34	+	28
	35	+	BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 29
	36	+	act may be cited as the “Unlicensed Establishment Enforcement Clarification Temporary 30
	37	+	Amendment Act of 2025”. 31
	38	+	Sec. 2. The Legalization of Marijuana for Medical Treatment Initiative of 1999, effective 32
	39	+	July 27, 2010 (D.C. Law 18-210; D.C. Official Code § 7-1671.01 et seq. ), is amended as follows: 33
	40	+	(a) Section 2 (D.C. Official Code § 7-1671.01) is amended as follows: 34 ENGROSSED ORIGINAL
46	41
47	42
48	43
49	44		2
50	45
51		-	“(i) Sells, exchanges as part of a commercial transaction, or
52		-	delivers cannabis and cannabis products;
53		-	“(ii) Operates at or delivers from a specific location in the District;
54		-	and
55		-	“(iii) Is not licensed by ABCA as a cultivation center, retailer,
56		-	internet retailer, manufacturer, courier, or testing laboratory; or
57		-	“(B) For purposes of section 9(c -1), (g), (h), and (i), a sole proprietorship,
58		-	partnership, or other business entity that:
59		-	“(i) Sells, exchanges as part of a commercial transaction, or
60		-	delivers Schedule I substances or products that contain Schedule I substances; and
61		-	“(ii) Operates at or delivers from a specific location in the
62		-	District.”.
63		-	(b) Section 7b (D.C. Official Code § 7- 1671.06b) is amended by adding a new subsection
64		-	(a-1) to read as follows:
65		-
66		-	“(a-1) Notwithstanding any other provision of this section , an unlicensed establishment
67		-	may be summarily closed and padlocked pursuant to section 9(g) after April 1, 2025.”.
68		-	(c) Section 9 (D.C. Official Code § 7- 1671.08) is amended as follows:
69		-	(1) A new subsection (c-1) is added to read as follows:
70		-	“(c-1) It shall be a violation of this act for a licensed establishment or an unlicensed
71		-	establishment (regardless of whether the unlicensed establishment has an application pending
72		-	before the ABC Board) to sell, exchange as part of a commercial transaction, or deliver Schedule
73		-	I substances or products that contain Schedule I substances.”.
74		-	(2) Subsection (b) is amended by redesignating the second paragraph (1) as
75		-	paragraph (2).
76		-	(3) Subsection (g) is amended as follows:
77		-	(A) Paragraph (1) is amended as follows:
78		-	(i) Strike the phrase “this title” and insert the phrase “this act ” in
79		-	its place.
80		-	(ii) Strike the phrase “cannabis products” and insert the phrase
81		-	“cannabis products, Schedule I substances, or products that contain Schedule I substances” in its
82		-	place.
83		-	(B) A new paragraph (6) is added to read as follows:
84		-	“(6) The ABC Board may continue t he summary closure, padlocking of the
85		-	premises, and seizure of cannabis, cannabis products, Schedule I substances, and products
86		-	containing Schedule I substances until the imminent danger that trigger ed the summary closure is
87		-	abated. Even if the imminent danger that trigger ed the summary closure is abated, the ABC
88		-	Board may continue the summary closure, order of padlocking, and seizure of cannabis, cannabis ENROLLED ORIGINAL
	46	+	(1) A new paragraph (2B) is added to read as follows: 35
	47	+	“
	48	+	(2B) “Cannabis product” means a product derived from or composed of
	49	+	36
	50	+	cannabis, in part or in whole.”. 37
	51	+	(1
	52	+	2) A new paragraph (20B-i) is added to read as follows:
	53	+	38
	54	+	“(20B- i) “Schedule I substance” means a controlled substance listed in section 39
	55	+	204 of the District of Columbia Uniform Controlled Substances Act of 1981, effective August 5, 40
	56	+	1981 (D.C. Law 4-29; D.C. Official Code § 48-902.04), or rules implementing that section.”. 41
	57	+	(3) Paragraph (22) is amended to read as follows: 42
	58	+	“(22) “ Unlicensed establishment" means: 43
	59	+	“ (A) A sole proprietorship, partnership, or other business entity that: 44
	60	+	“ (i) Sells, exchanges as part of a commercial transaction, or 45
	61	+	delivers cannabis and cannabis products; 46
	62	+	“ (ii) Operates at or delivers from a specific location in the District; 47
	63	+	and 48
	64	+	“( iii) Is not licensed by ABCA as a cultivation center, retailer, 49
	65	+	internet retailer, manufacturer, courier, or testing laboratory; or 50
	66	+	“ (B) For the purposes of section 9(c -1), (g), (h), and (i), a sole 51
	67	+	proprietorship, partnership, or other business entity that: 52
	68	+	“(i) Sells, exchanges as part of a commercial transaction, or 53
	69	+	delivers Schedule I substances or products that contain Schedule I substances; and 54 ENGROSSED ORIGINAL
89	70
90	71
91	72
92	73		3
93	74
94		-	products, Schedule I substances, and products containing Schedule I substances, if the ABC
95		-	Board determines, in its reasonable judgment, the imminent danger is likely to recur .”.
96		-	(4) A new subsection (g- 1) is added to read as follows:
97		-	“(g-1)(1) The ABC Board may summarily close and order the padlocking, by ABCA or
98		-	MPD without a prior hearing, of a licensed establishment, and ABCA or MPD may seize all
99		-	cannabis, cannabis products, Schedule I substances, and products containing Schedule I
100		-	substances found at the premises, if, after an inspection, ABCA determines that the licensed
101		-	establishment presents an imminent danger to the health and safety of the public for the reasons
102		-	set forth in subsection (g)(2)(C) through (G) of this section.
103		-	“(2) ABCA shall provide the licensed establishment’s owner and the property
104		-	owner with written notice of the summary closure and the right to request a hearing.
105		-	“(3) The owner of the licensed establishment shall have 5 business days after
106		-	service of the notice of summary closure to request a hearing with the ABC Board, which shall
107		-	hold a hearing within 5 business days of a timely request.
108		-	“(4) The ABC Board shall issue a written decision within 5 business days after the
109		-	hearing, or if no hearing is requested, within 10 business days after the service of the notice.”.
110		-	“(5) The ABC Board may continue the summary closure, padlocking of the
111		-	premises, and seizure of cannabis, cannabis products, Schedule I substances, and products
112		-	containing Schedule I substances until the imminent danger that triggered the summary closure is
113		-	abated. Even if the imminent danger that triggered the summary closure is abated, the ABC
114		-	Board may continue the summary closure, order of padlocking, and seizure of cannabis, cannabis
115		-	products, Schedule I substances, and products containing Schedule I substances, if the ABC
116		-	Board determines, in its reasonable judgment, the imminent danger is likely to recur.”.
117		-	(5) Subsection (h) is amended as follows:
118		-	(A) Paragraph (1) is amended to read as follows:
119		-	“(1) ABCA or the Metropolitan Police Department may post signage at the site of
120		-	the unlicensed establishment or licensed establishment indicating that activity that violates this
121		-	act has been found to have occurred at the establishment.”.
122		-	(B) Paragraph (2) is amended by striking the phrase “unlicensed
123		-	establishment” and inserting the phrase “unlicensed establishment or licensed establishment” in
124		-	its place.
125		-	(6) Subsection (i)(1) is amended to read as follows:
126		-	“(i)(1) An ABCA investigator may test cannabis and cannabis products found at a
127		-	licensed establishment or unlicensed establishment to quanti fy their THC content and may test
128		-	other substances and products found at a licensed establishment or unlicensed establishment for
129		-	the presence and quantity of a Schedule I substance.”.
130		-
131		-	Sec. 3. Fiscal impact statement. ENROLLED ORIGINAL
	75	+	“(ii) Operates at or delivers from a specific location in the 55
	76	+	District.”. 56
	77	+	(b) Section 7b (D.C. Official Code § 7-1671.06b) is amended by adding by inserting a 57
	78	+	new subsection (a-1) to read as follows: 58
	79	+	(1
	80	+	) A new subsection (a-1) is added to read as follows:
	81	+	59
	82	+	“(
	83	+	-1) Notwithstanding subsection (a)any other provision of this section, an unlicensed
	84	+	60
	85	+	establishment may be summarily closed and padlocked, pursuant to section 9(g) after April 61
	86	+	1, 2025.”. 62
	87	+	“(1
	88	+	) Regardless of whether an unlicensed establishment has a retailer or internet retailer
	89	+	63
	90	+	application pending review with the ABC Board, the ABCA may inspect the entire premises, 64
	91	+	inventory, and business records of the unlicensed establishment pursuant to section 9(g), ABCA 65
	92	+	investigators from testing products of the unlicensed establishment under section 9(i), and the 66
	93	+	ABC Board from summarily closing and ordering the padlocking of the unlicensed establishment 67
	94	+	pursuant to section 9(g), ABCA or MPD from padlocking the unlicensed establishment pursuant 68
	95	+	to section 9(g), ABCA or MPD from seizing cannabis, cannabis products, Schedule I substances, 69
	96	+	and products that contain Schedule I substances found at the premises of the unlicensed 70
	97	+	establishment pursuant to section 9(g), or the ABC Board, ABCA, or MPD from taking action 71
	98	+	under section 9(h) if the unlicensed establishment distributes, attempts to distribute, or makes 72
	99	+	available for sale or exchange a Schedule I substance or a product that contains a Schedule I 73
	100	+	substance. 74 ENGROSSED ORIGINAL
132	101
133	102
134	103
135	104		4
136	105
137		-	The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact
138		-	statement required by section 4a of the General Legislative Procedures Act of 1975, approved
139		-	October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1- 301.47a).
140		-
141		-	Sec. 4. Effective date.
142		-	(a) This act shall take effect following approval by the Mayor (or in the event of veto by
143		-	the Mayor, action by the Council to override the veto), a 30 -day period of congressional review
144		-	as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December
145		-	24, 1973 (87 Stat. 813; D.C. Official Code § 1- 206.02(c)(1)), and publication in the District of
146		-	Columbia Register.
147		-	(b) This act shall expire after 225 days of its having taken effect.
	106	+	“(2) After April 1, 2025, an unlicensed establishment shall be subject to 75
	107	+	compliance with this act regardless of whether the unlicensed establishment has a retailer or 76
	108	+	internet retailer application pending review with the ABC Board.”. 77
	109	+	(c) Section 9 (D.C. Official Code § 7-1671.08) is amended as follows: 78
	110	+	(1) A new subsection (c-1) is added to read as follows: 79
	111	+	“(c-1
	112	+	) It shall be a violation of this act for a licensed establishment or an unlicensed
	113	+	80
	114	+	establishment (regardless of whether the unlicensed establishment has an application 81
	115	+	pending before the ABC Board) to sell, exchange as part of a commercial transaction, or 82
	116	+	deliver Schedule I substances or products that contain Schedule I substances.”. 83
	117	+	( 1
	118	+	2) Subsection (g) is amended as follows:
	119	+	84
	120	+	(A) Paragraph (1) is amended as follows: 85
	121	+	(i) Strike the phrase “this title” and insert the phrase “this act or is 86
	122	+	selling, exchanging as part of a commercial transaction, or delivering a Schedule I substance or 87
	123	+	products that contains a Schedule I substance” in its place. 88
	124	+	(ii) Strike the phrase “cannabis products” and insert the phrase 89
	125	+	“cannabis products, Schedule I substances, or products that contain Schedule I substances” in its 90
	126	+	place. 91
	127	+	(B) A new paragraph (6) is added to read as follows: 92
	128	+	“(6) The Board may continue the summary closure, and order of padlocking of 93
	129	+	the premises, and the padlocking of the premises and seizure of cannabis , cannabis products, 94 ENGROSSED ORIGINAL
148	130
149	131
150	132
	133	+	5
151	134
152		-	___________________________________
153		-	Chairman
154		-	Council of the District of Columbia
	135	+	Schedule I substances, and products containing Schedule I substances may continue, until the 95
	136	+	imminent danger that trigger ed the summary closure is abated . Even if the imminent danger that 96
	137	+	triggered the summary closure is abated , the Board may continue the summary closure, order of 97
	138	+	and the padlocking, of the premises and seizure of cannabis, cannabis products, Schedule I 98
	139	+	substances, and products containing Schedule I substances may continue, if the Board 99
	140	+	determines, in its reasonable judgment, the imminent danger is likely to recur .”. 100
	141	+	(3
	142	+	) A new subsection (g-1) is added to read as follows:
	143	+	101
	144	+	“
	145	+	-1)(1) The ABC Board may summarily close and order the padlocking, by ABCA
	146	+	102
	147	+	or MPD without a prior hearing, of a licensed establishment, and ABCA or MPD may seize 103
	148	+	all cannabis, cannabis products, Schedule I substances, and products containing Schedule I 104
	149	+	substances found at the premises, if, after an inspection, ABCA determines that the 105
	150	+	licensed establishment presents an imminent danger to the health and safety of the public 106
	151	+	for the reasons set forth in subsection (g)(2)(C) through (G) of this section. 107
	152	+	“
	153	+	(2) ABCA shall provide the licensed establishment’s owner and the property
	154	+	108
	155	+	owner with written notice of the summary closure and the right to request a hearing. 109
	156	+	“
	157	+	(3) The owner of the licensed establishment shall have 5 business days after
	158	+	110
	159	+	service of the notice of summary closure to request a hearing with the ABC Board, which 111
	160	+	shall hold a hearing within 5 business days of a timely request. 112 ENGROSSED ORIGINAL
155	161
156	162
157	163
	164	+	6
	165	+
	166	+	“(4) The ABC Board shall issue a written decision within 5 business days 113
	167	+	after the hearing, or if no hearing is requested, within 10 business days after the service of 114
	168	+	the notice.”. 115
	169	+	“
	170	+	(5) The Board may continue the summary closure, padlocking of the
	171	+	116
	172	+	premises, and seizure of cannabis, cannabis products, Schedule I substances, and products 117
	173	+	containing Schedule I substances until the imminent danger that triggered the summary 118
	174	+	closure is abated. Even if the imminent danger that triggered the summary closure is 119
	175	+	abated, the Board may continue the summary closure, order of padlocking, and seizure of 120
	176	+	cannabis, cannabis products, Schedule I substances, and products containing Schedule I 121
	177	+	substances, if the Board determines, in its reasonable judgment, the imminent danger is 122
	178	+	likely to recur.”. 123
	179	+	(4
	180	+	) Subsection (h) is amended as follows:
	181	+	124
	182	+	(
	183	+	A) Paragraph (1) is amended to read as follows:
	184	+	125
	185	+	“(
	186	+	1) ABCA or the Metropolitan Police Department may post signage at the
	187	+	126
	188	+	site of the unlicensed establishment or licensed establishment indicating that activity that 127
	189	+	violates this act has been found to have occurred at the establishment.”. 128
	190	+	(
	191	+	B) Paragraph (2) is amended by striking the phrase “unlicensed
	192	+	129
	193	+	establishment” and inserting the phrase “unlicensed establishment or licensed 130
	194	+	establishment” in its place. 131
	195	+	(5
	196	+	2) Subsection (i)(1) is amended to read as follows:
	197	+	132 ENGROSSED ORIGINAL
158	198
159	199
160		-	_________________________________
161		-	Mayor
162		-	District of Columbia
163	200
	201	+	7
	202	+
	203	+	“(i)(1) An ABCA investigator may test cannabis substances and cannabis products 133
	204	+	found at a licensed establishment or unlicensed establishment for the presence and to quantity 134
	205	+	their of THC content and may test other substances and products found at a licensed 135
	206	+	establishment or unlicensed establishment for the presence and quantity of or a Schedule I 136
	207	+	substance.”. 137
	208	+	(3
	209	+
	210	+	138
	211	+	“
	212	+
	213	+	139
	214	+	MPD without a prior hearing, of a licensed establishment, and ABCA or MPD may seize all 140
	215	+	cannabis, cannabis products, Schedule I substances, and products containing Schedule I 141
	216	+	substances found at the premises, if, after an inspection, ABCA determines that the licensed 142
	217	+	establishment that presents an imminent danger to the health and safety of the public for the 143
	218	+	reasons set forth in subsection (g)(C) through (G) of this section. 144
	219	+	“
	220	+	(2) ABCA shall provide the licensed establishment’s owner and the property
	221	+	145
	222	+	owner with written notice of the summary closure and the right to request a hearing. 146
	223	+	“(3
	224	+	) The owner of the licensed establishment shall have 5 business days after
	225	+	147
	226	+	service of the notice of summary closure to request a hearing with the ABC Board, which shall 148
	227	+	hold a hearing within 5 business days of a timely request. The ABC Board shall issue a written 149
	228	+	decision within 5 business days after the hearing, or if no hearing is requested, within 10 150
	229	+	business days after the service of the notice. 151 ENGROSSED ORIGINAL
	230	+
	231	+
	232	+
	233	+	8
	234	+
	235	+	“(4)(A) ABCA or the Metropolitan Police Department may post signage at the 152
	236	+	site of the licensed establishment indicating that unlawful activity has been found to have 153
	237	+	occurred for violations of this chapter. 154
	238	+	“
	239	+	(B) If the ABC Board orders the closure of a licensed establishment, the
	240	+	155
	241	+	ABC Board shall post 2 notices in conspicuous places at or near the main street entrance on the 156
	242	+	outside of the establishment. 157
	243	+	“(
	244	+	C) The posted notice shall state that the closure is ordered because of a
	245	+	158
	246	+	violation of this chapter or of the regulations promulgated pursuant to this chapter. 159
	247	+	“
	248	+	(D) Any person willfully removing, obliterating, or defacing the notice
	249	+	160
	250	+	shall be guilty of a violation of this chapter.”. 161
	251	+	Sec 4. Fiscal impact statement. 162
	252	+	The Council adopts the fiscal impact statement of the Chief Financial Officer as the fiscal 163
	253	+	impact statement required by section 4a of the General Legislative Procedures Act of 1975, 164
	254	+	approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 165
	255	+	Sec. 5. Effective date. 166
	256	+	(a) This act shall take effect following approval by the Mayor (or in the event of veto by 167
	257	+	the Mayor, action by the Council to override the veto), a 30 -day period of congressional review 168
	258	+	as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 169
	259	+	24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of 170
	260	+	Columbia Register. 171 ENGROSSED ORIGINAL
	261	+
	262	+
	263	+
	264	+	9
	265	+
	266	+	(b) This act shall expire after 225 days of its having taken effect. 172