ENROLLED ORIGINAL
AN ACT
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IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
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To amend the Attorney General for the District of Columbia Clarification and Elected Term
Amendment Act of 2010 to clarify that the first $100,000 in fines issued to unlicensed
establishments is to be deposited in the Litigation Support Fund; to amend the Delinquent
Debt Recovery Act of 2012 to clarify the definition of delinquent debt; to amend the
Legalization of Marijuana for Medical Treatment Initiative of 1999 to make clarifications
and improvements to the District’s medical cannabis program, and to align and clarify
standing to protest and enforcement procedures for unlicensed establishments.
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
act may be cited as the “Medical Cannabis Clarification and Program Enforcement Amendment
Act of 2024”.
Sec. 2. Section 106b(b)(6) of the Attorney General for the District of Columbia
Clarification and Elected Term Amendment Act of 2010, effective October 22, 2015 (D.C. Law
21-36; D.C. Official Code § 1-301.86b(b)(6)), is amended by striking the phrase “pursuant to
D.C. Official Code § 47-2844(a-2)(1B)” and inserting the phrase “pursuant to section 9 of the
Legalization of Marijuana for Medical Treatment Initiative of 1999, effective July 27, 2010
(D.C. Law 18-210; D.C. Official Code § 7-1671.08)” in its place.
Sec. 3. Section 1042(2) of the Delinquent Debt Recovery Act of 2012, effective
September 20, 2012 (D.C. Law 19-168; D.C. Official Code § 1-350.01(2)), is amended to read as
follows:
“(2) “Delinquent debt” means:
“(A) Any financial obligation owed by a person to a District agency that
remains unpaid more than 90 days after it was due; provided, that the term shall not include tax
debts or child-support debts; or
“(B) A fine issued by the Alcoholic Beverage and Cannabis
Administration pursuant to section 9 of the Legalization of Marijuana for Medical Treatment
Initiative of 1999, effective July 27, 2010 (D.C. Law 18-210; D.C. Official Code § 7-1671.08),
or section 8 of the Medical Cannabis Amendment Act of 2022, effective March 22, 2023 (D.C.
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Law 24-332; D.C. Official Code § 7-1675.01), that remains unpaid more than 30 days after it
was due.”.
Sec. 4. The Legalization of Marijuana for Medical Treatment Initiative of 1999, effective
July 27, 2010 (D.C. Law 18-210; D.C. Official Code § 7-1671.01 et seq.), is amended as follows:
(a) Section 2 (D.C. Official Code § 7-1671.01) is amended as follows:
(1) Paragraph (1E) is redesignated as paragraph (1G).
(2) New paragraphs (1E) and (1F) are added to read as follows:
“(1E) “Affected ANC” means any Advisory Neighborhood Commission within
600 feet of where a medical cannabis cultivator, manufacturer, retailer, or internet retailer facility
is or will be located.
“(1F) “Another jurisdiction” means any state, commonwealth, or territory of the
United States.”.
(3) Paragraph (5A) is redesignated as paragraph (5B).
(4) A new paragraph (5A) is added to read as follows:
“(5A) “Daycare center” means a child development center, as that term is defined
in section 2(2) of the Day Care Policy Act of 1979, effective September 19, 1979 (D.C. Law 3-
16; D.C. Official Code § 4-401(2)), that is licensed by the Office of the State Superintendent of
Education.”.
(5) Paragraph (13B) is amended as follows:
(A) The lead-in language is amended by striking the phrase “resident
who” and inserting the phrase “resident who is a person who resides or is domiciled in another
state, territory, foreign country, or foreign territory and who” in its place.
(B) Subparagraph (B) is amended by striking the phrase “30-day
registration identification card” and inserting the phrase “registration identification card valid for
periods established by the ABC Board by rulemaking, which are between 3 days and no longer
than one year in length” in its place.
(6) Paragraph (19) is amended as follows:
(A) Strike the phrase “dental treatment, or” and insert the phrase “dental
treatment, a patient who is a non-resident cardholder, or” in its place.
(B) Strike the phrase “provided, that a patient” and insert the phrase
“provided, that a patient who is a non-resident cardholder or a patient” in its place.
(7) A new paragraph (19B) is added to read as follows:
“(19B) “Recreation center” means a Department of Parks and Recreation public
facility.”.
(8) Paragraph (20C)(B) is amended by striking the phrase “or has a non-parent
legal guardian who is or has been incarcerated” and inserting the phrase “or has a non-parent
legal guardian, a grandparent, or a sibling who is or has been arrested, convicted, or
incarcerated” in its place.
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(b) Section 6(b) (D.C. Official Code § 7-1671.05(b)) is amended as follows:
(1) Paragraph (4) is amended as follows:
(A) Subparagraph (A) is amended by striking the phrase “30 days” and
inserting the phrase “periods established by the ABC Board by rulemaking, which are between 3
days and no longer than one year in length” in its place.
(B) Subparagraph (B) is amended by striking the phrase “30-day
temporary non-resident” and inserting the phrase “temporary non-resident” in its place.
(2) Paragraph (5)(C) is amended by striking the phrase “3 years” and inserting the
phrase “3 years, except for temporary non-resident registration identification cards that are valid
for periods established by the ABC Board by rulemaking, which shall be between 3 days and no
longer than one year in length” in its place.
(3) A new paragraph (11A) is added to read as follows:
“(11A) Allow testing laboratories to:
“(A) Receive and test samples of medical cannabis products from
qualifying patients; provided, that the qualifying patient must present proof that he or she is
currently registered, and that the medical cannabis product was purchased from a retailer or
internet retailer licensed with ABCA; and
“(B) Receive and test samples of medical cannabis products from licensed
cultivation centers or manufacturers for purposes of quality assurance or research and
development; provided, that samples collected for quality assurance or research and development
testing may be selected by the cultivation center or manufacturer non-randomly; provided
further, that any tests conducted for purposes of quality assurance or research and development
shall not satisfy the requirements of paragraphs (8) through (11) of this subsection;”.
(4) A new paragraph (14A) is added to read as follows:
“(14A) Conduct announced and unannounced inspections of unlicensed
establishments;”.
(5) Paragraph (15) is amended by striking the phrase “Establish sliding-scale
registration and annual renewal fees for all persons and entities required to register or obtain a
license pursuant to this act; provided” and inserting the phrase “Establish registration, sliding-
scale registration, and annual renewal fees for all persons and entities required to register or
obtain a license pursuant to this act and permit the ABC Board, by rule, to make qualifying
patient and caregiver registrations available at no cost; provided” in its place.
(6) Paragraph (18) is repealed.
(c) Section 7 (D.C. Official Code § 7-1671.06) is amended as follows:
(1) A new subsection (b-1) is added to read as follows:
“(b-1) An applicant that filed a medical cannabis retailer or internet retailer
license application with ABCA on July 1, 2024, shall be eligible to have its application
considered by the ABC Board.”.
(2) Subsection (c) is amended to read as follows:
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“(c)(1) Medical cannabis products shall be packaged in child-resistant packaging in
accordance with 16 C.F.R. Part 1700 and shall not contain any statement, depiction, or
illustration that:
“(A) Promotes over consumption;
“(B) Depicts a person under the age of 21 consuming cannabis; or
“(C) Is especially appealing to persons under 21 years of age as defined in
paragraph (2) of this subsection.
“(2) For purposes of this subsection, the term “especially appealing to persons
under 21 years of age” means a product or label including one that contains:
“(A) Images of cartoon characters, toys, or animals;
“(B) Bubble-type or other cartoon-like font;
“(C) A design, brand, or name that resembles a non-cannabis consumer
product;
“(D) Symbols or celebrities that are commonly used to market products to
persons under the age of 21; or
“(E) The word candy or candies.”.
(3) A new subsection (c-1) is added to read as follows:
“(c-1) It shall be a violation of this act for any unlicensed or licensed cultivation
center, manufacturer, retailer, or internet retailer to represent that goods or services or the
business is compliant with the Legalization of Possession of Minimal Amounts of Marijuana for
Personal Use Initiative of 2014, effective February 26, 2015 (D.C. Law 20-153; 62 DCR 880);
except, that a licensed cultivation center, manufacturer, retailer, or internet retailer may have
signage indicating that there is medical cannabis on the property.”.
(4) Subsection (d) is amended as follows:
(A) Paragraph (2) is amended by striking the phrase “retailer or online
retailer license” and inserting the phrase “retailer license” in its place.
(B) A new paragraph (5) is added to read as follows:
“(5) Applications for additional licenses pursuant to paragraphs (1) through (3) of
this subsection shall be filed with ABCA by the existing cultivation center or dispensary by May
1, 2025.”.
(5) Subsection (e)(1) is amended as follows:
(A) Subparagraph (F) is amended by striking the phrase “retailer or
internet retailer license” and inserting the phrase “retailer license” in its place.
(B) A new subparagraph (G) is added to read as follows:
“(G) No licensee holding a cultivation center license shall hold an internet
retailer license.”
(6) Subsection (h) is amended by striking the phrase "cultivation centers who
receive a manufacturer’s license pursuant to subsection (d) of this section” and inserting the
phrase “cultivation centers and retailers, and applicants who scored 150 points or more during
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the ABC Board open application period that occurred between November 29, 2021, and March
28, 2022, who receive a cultivation center, manufacturer, or retailer’s license pursuant to
subsections (d), (w), (x) and (y) of this section” in its place.
(7) Subsection (k) is amended as follows:
(A) Paragraph (1) is amended to read as follows:
“(1) The ABC Board shall be authorized to issue a 2-year conditional license for a
cultivation center, retailer, internet retailer, manufacturer, courier, or testing laboratory that does
not currently have a proposed location.”.
(B) The lead-in language of paragraph (2) is amended to read as follows:
“(2) Under the conditional license, the applicant shall have 2 years from the date
of ABC Board approval to submit to ABCA:”.
(C) Paragraph (4) is amended to read as follows:
“(4) A conditional license that does not meet the terms of this subsection or is not
operating after a period of 2 years shall be canceled by the ABC Board.”.
(8) A new subsection (k-1) is added to read as follows:
“(k-1) A one-year conditional license that is in effect as of the effective date of
the Medical Cannabis Clarification and Program Enforcement Amendment Act of 2024, passed
on 2nd reading on October 1, 2024 (Enrolled version of Bill 25-581), shall automatically convert
to a 2-year conditional license, expiring one year after the date the original conditional license
was set to expire, at no additional cost and without additional ABC Board approval.”.
(9) Subsection (n)(2) is amended to read as follows:
“(2)(A) The ABC Board shall, by rules issued pursuant to section 14, establish the
initial application and renewal fees for cultivation center, manufacturer, retailer, internet retailer,
and courier licenses. The ABC Board may revise these fees as considered necessary.
“(B) There shall be no initial application fee for a testing laboratory
license. Renewal fees for a testing laboratory license shall be established by rules issued pursuant
to subparagraph (A) of this paragraph.”.
(10) Subsection (q) is amended to read as follows:
“(q)(1) A retailer or internet retailer shall not locate within any residential district
or within 400 feet of a preschool, primary or secondary school, or recreation center; except, that
a license holder or an applicant who has applied prior to the effective date of the Medical
Cannabis Clarification and Program Enforcement Amendment Act of 2024, passed on 2nd
reading on October 1, 2024 (Enrolled version of Bill 25-581), may be permitted to locate within
300 feet of a preschool, primary or secondary school, or recreation center.
“(2) A retailer or internet retailer that received a license in compliance
with paragraph (1) of this subsection shall not have to relocate to renew its license at its existing
location if a preschool, primary or secondary school, or recreation center subsequently locates
within 400 feet of its facility.”.
(11) New subsections (q-1) and (q-2) are added to read as follows:
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“(q-1)(1) No retailer license shall be issued for a facility that is located within 400 feet
from another facility operating under a retailer license.
“(2) In determining whether a retailer application is eligible to be approved, the
ABC Board shall ensure that the retailer application will not be located within 400 feet of a
previously submitted retailer application filed timely by another applicant.
“(3) ABCA shall proceed forward with the application filed by the facility that is
first in time. If the application is subsequently denied, ABCA shall proceed with the application
that is second in time, third in time, et cetera, until an application is approved.
“(q-2) In determining the appropriateness of the initial issuance of a license or a transfer
of a license to a new location for a medical cannabis retailer, the Board shall also consider:
“(1) The proximity of the medical cannabis retailer to a daycare center;
“(2) The effect of the medical cannabis retailer on the operation and clientele of a
daycare center; and
“(3) Whether school-aged children frequenting the daycare center or centers in
proximity to the medical cannabis retailer will be unduly attracted to the retailer while present at,
or going to or from, the daycare center.”.
(12) New subsections (w), (x), (y) and (z) are added to read as follows:
“(w)(1) The 2 cultivation center registration applicants that submitted a medical cannabis
facility registration application to the ABC Board between November 29, 2021, and March 28,
2022, that tied for second, and received the same total score shall be awarded a cultivation center
registration.
“(2) A cultivation center registration applicant not referenced in paragraph (1) of
this subsection that scored 150 points or more during the same open application period shall be
considered for a cultivation center registration after May 1, 2023; provided, that the applicant
files a corrected application, including an application to change the facility location, with the
ABC Board by May 1, 2025. An applicant that scored 150 points or higher shall be allowed to
change the location of the cultivation center facility on its application by May 1, 2025, without
negatively affecting the status of the application.
“(3) An applicant that filed more than one cultivation center registration
application during the open application period with one or more of the same owners shall be
considered for only one cultivation center registration under this subsection.
“(4) An initial application fee paid by a cultivation center registration applicant
that scored 150 points or higher shall be credited by ABCA toward the entire cost of the
applicant’s cultivation center application fee.
“(x)(1) A dispensary registration applicant that submitted a medical cannabis facility
registration to the ABC Board between November 29, 2021, and March 28, 2022, and received
150 points or more shall be considered for a retailer registration no earlier than 180 days after
March 22, 2023. An applicant shall be allowed to change the location of the retailer facility on
its application by May 1, 2025, without negatively affecting the status of the application.
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“(2) An applicant that filed more than one dispensary registration application
during the open application period with one or more of the same owners shall be considered for
only one retailer registration under this subsection.
“(3) An initial application fee paid by a dispensary registration applicant that
scored 150 points or higher shall be credited by ABCA toward the entire cost of the applicant’s
retailer application fee.
“(y) The 5 cultivation center registration applicants that submitted medical cannabis
facility registration applications to the ABC Board between November 29, 2021, and March 28,
2022, that scored 150 points or more shall automatically receive a manufacturer license;
provided, that the annual fee is paid; provided further, that the applicant registers on a form
provided by ABCA with the ABC Board by May 1, 2024.
“(z)(1) An applicant who has submitted a complete license application for a cultivation
center, manufacturer, retailer, or internet retail