ENROLLED ORIGINAL
A RESOLUTION
25-116
IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
April 4, 2023
To declare the existence of an emergency with respect to the need to amend the Legalization of
Marijuana for Medical Treatment Initiative of 1999 to provide a deadline date by which
existing cultivation centers and dispensaries must file their applications with ABCA for
additional medical cannabis facility licenses, to not allow a cultivation center to also hold
an internet retailer license, to provide that the 2 cultivation center registration applicants
that tied for second and received the same total score after submitting a medical cannabis
facility registration application to the Alcoholic Beverage Control Board between
November 29, 2021 and March 28, 2022, be awarded a cultivation center registration, to
provide that other cultivation center and dispensary registration applicants that scored
150 points or more after submitting a medical cannabis facility registration application to
the Alcoholic Beverage Control Board during the same open application period be
considered for a cultivation center or retailer registration, and to allow a cultivation center
and dispensary registration applicant that scored 150 points or more to change the
location of its facility without otherwise affecting the status of its application.
RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
resolution may be cited as the “Medical Cannabis Clarification Supplemental Emergency
Declaration Resolution of 2023”.
Sec. 2. (a) There exists an immediate need to (1) provide a deadline date by which
existing cultivation centers and dispensaries must file their applications with ABCA for
additional medical cannabis facility licenses, (2) increase medical cannabis product availability
to prohibit a cultivation center from also holding an internet retailer license, (3) provide that the
2 cultivation center registration applicants that submitted a medical cannabis facility registration
application to the Alcoholic Beverage Control Board (“ABC Board”) between November 29,
2021 and March 28, 2022 (“open application period”) that tied for second and received the same
score be awarded a cultivation center registration, and (4) provide that other cultivation center
and dispensary registration applicants that scored 150 points or more after submitting a
cultivation center or dispensary application to the ABC Board during the same open application
period to be considered for a cultivation center or retailer registration.
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 ENROLLED ORIGINAL
(b) The ABC Board’s open application period made available 2 cultivation center
registrations. Submitted cultivation center registration applications were scored by a 6-member
selection panel consisting of individuals from 6 different District government agencies. Scoring
by the selection panel resulted in a tie for second place with 2 cultivation center registration
applicants, both of which are equity impact enterprises, receiving the same total score.
(c) A dispute exists regarding the awarding of the second cultivation center registration,
which, to the detriment of the District, hinders the ability of either cultivation center registration
applicant that tied for second to proceed forward with opening and operating a cultivation center.
(d) Additionally, those applicants that made it to the second round after scoring the
requisite 150 points or more during the open application period necessarily invested significant
time, money, and resources into a legal and regulatory framework that the Council changed
shortly thereafter.
(e) The Medical Cannabis Amendment Act of 2022, effective March 22, 2023 (D.C. Law
24-332; D.C. Official Code § 7-1671.01 et seq), removed the caps on the number of cultivation
center and dispensary registrations per ward (“cap”).
(f) There exists an immediate need for additional cultivation centers to open and operate
in the District to ensure that a sufficient supply of medical cannabis is available for the additional
retailers, internet retailers, and manufacturers permitted to apply for a medical cannabis facility
license under the Medical Cannabis Amendment Act of 2022.
(g) The Medical Cannabis Clarification Supplemental Emergency Amendment Act of
2023 (“emergency legislation”) will meet these stated needs and enable an eligible cultivation
center applicant that scored 150 points or higher to be considered for a cultivation center
registration and have the option to change its location to another compliant property that was
previously unavailable due to the now-removed cap, thereby enabling them to begin operations
more quickly and better serve registered patients and retailers.
(h) The emergency legislation similarly will allow an eligible dispensary applicant to be
considered for a retailer registration and have the option to change its location to another
compliant property that was previously unavailable to them due to the cap.
Sec. 3. The Council determines that the circumstances enumerated in section 2 constitute
emergency circumstances making it necessary that the Medical Cannabis Clarification
Supplemental Emergency Amendment Act of 2023 be adopted after a single reading.
Sec. 4. This resolution shall take effect immediately.
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