ENROLLED ORIGINAL
AN ACT
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IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
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To amend, on an emergency basis, the Legalization of Marijuana for Medical Treatment
Initiative of 1999 to provide that it is unlawful for a licensed or unlicensed 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, to authorize the Alcoholic Beverage and
Cannabis Board to extend the 45-calendar day public comment period by an additional
30-calendar days in response to a written request submitted by either an affected
Advisory Neighborhood Commission or the applicant, to clarify that an Advisory
Neighborhood Commission within 600 feet of where an establishment is or will be
located has standing to protest the issuance of a license to an unlicensed cultivation
center, manufacturer, retailer, or internet retailer license, to align the enforcement
procedures with those provided in Title 25 of the District of Columbia Official Code, and
to clarify that the Alcoholic Beverage and Cannabis Board has the authority to issue
cease-and-desist orders mandating compliance with the provisions of the Medical
Cannabis Program; and to amend the Medical Cannabis Amendment Act of 2022 to
clarify that the Alcoholic Beverage and Cannabis Board has authority to enforce against
commercial property owners of properties that are used to operate illegal cannabis
businesses.
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
act may be cited as the “Medical Cannabis Program Enforcement Emergency Amendment Act of
2024”.
Sec. 2. The Legalization of Marijuana for Medical Treatment Initiative of 1999, effective
February 25, 2010 (D.C. Law 13-315; D.C. Official Code § 7-1671.01 et seq.), is amended as
follows:
(a) Section 7 (D.C. Official Code § 7-1671.06) is amended by adding a new subsection
(c-1) 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
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Use Initiative of 2014, effective February 26, 2015 (D.C. Law 20-153; D.C. Official Code §
passim); except, that a licensed cultivation center, manufacturer, retailer, or internet retailer may
have signage indicating that there is medical cannabis on the property.”.
(b) Section 7a(h) (D.C. Official Code § 7-1671.06a(h)) is amended to read as follows:
“(h)(1) The ABC Board shall provide notice of complete and eligible cultivation center,
retailer, and internet retailer license applications received from unlicensed establishments to the
Ward Councilmember, and any Advisory Neighborhood Commission within 600 feet of where
the establishment is or will be located (“affected ANC”), for a 45-calendar day public comment
period. The ABC Board may extend the public comment period required by this paragraph by an
additional 30-calendar days in response to a written request submitted by either an affected ANC
or the applicant.
“(2) An affected ANC may protest the issuance of the license.
“(3) The ABC Board shall hold a contested case protest hearing within 120 days
of receiving a timely protest from an affected ANC pursuant to paragraph (2) of this subsection.
“(4) The provisions of this subsection shall apply to all applications submitted to
ABCA after the effective date of the Medical Cannabis Program Enforcement Emergency
Amendment Act of 2024, passed on emergency basis on January 9, 2024 (Enrolled version of
Bill 25-648).”.
(c) Section 7b (D.C. Official Code § 7–1671.06b) is amended by adding a new subsection
(e) to read as follows:
“(e) An unlicensed establishment shall not display signage or imagery advertising
relating to:
“(1) The prices of cannabis or cannabis product in the window;
“(2) Cannabis or a cannabis product on the exterior of any window or on the
exterior or interior of any door; or
“(3) Cannabis or a cannabis product on the exterior or visible from the exterior of
the unlicensed establishment or elsewhere in the District.”.
(d) Section 9 (D.C. Official Code § 7–1671.08) is amended as follows:
(1) Subsection (d) is amended by striking the phrase “licensed cultivation” and
inserting the phrase “licensed or unlicensed cultivation” in its place.
(2) A new subsection (f) is added to read as follows:
“(f) Beginning January 31, 2024, the ABC Board may issue the following fines to an
unlicensed establishment that violates section 7(c-1) or section 7b(e), or has not filed an accepted
and pending application with the ABC Board and knowingly engages or attempts to engage in
the purchase, sale, exchange, delivery, or any other form of commercial transaction involving
cannabis that is not purchased, sold, exchanged, or delivered in accordance with the provisions
of this act or section 401 of the District of Columbia Uniform Controlled Substances Act of
1981, effective August 5, 1981 (D.C. Law 4-29; D.C. Official Code § 48-904.01):
“(1) For the first violation, the ABC Board may issue a written warning to the
unlicensed establishment;
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“(2) For the second violation, the ABC Board may:
“(A) Issue a fine in the amount of $10,000; and
“(B) Require the unlicensed establishment to submit a remediation plan to
the ABC Board that contains the unlicensed establishment’s plan to prevent any future
recurrence of purchasing, selling, exchanging, delivering, or otherwise transacting any cannabis
that is not purchased, sold, exchanged, or delivered in accordance with the provisions of this act
or section 401 of the District of Columbia Uniform Controlled Substances Act of 1981, effective
August 5, 1981 (D.C. Law 4-29; D.C. Official Code § 48-904.01); and
“(3) For any subsequent violations or if the unlicensed establishment fails to
submit a remediation plan in accordance with paragraph (2) of this subsection, or if the ABC
Board rejects the unlicensed establishment’s remediation plan, the ABC Board may issue
additional fines.”.
(e) Section 13a (D.C. Official Code § 7–1671.12a) is amended as follows:
(1) Subsection (a) is amended by striking the phrase “Board or the Mayor” both
times it appears and inserting the word “Board” in its place.
(2) Subsection (d) is amended by striking the phrase “Board or the Mayor” and
inserting the word “Board” in its place.
(3) Subsection (f) is amended by striking the phrase “Board or the Mayor” and
inserting the word “Board” in its place.
(f) New sections 13b, 13c, 13d, and 13e are added to read as follows:
“Sec. 13b. Examination of premises, books, and records.
“(a) An applicant for a license, and each licensee, shall allow any ABCA investigator,
agent of the ABC Board, or any member of the Metropolitan Police Department full opportunity
to examine, at any time during business hours:
“(1) The premises where a cannabis product is manufactured, kept, sold, or
consumed for which an application for a license has been made or for which a license has been
issued; and
“(2) The books and records of the business for which an application for a license
has been made or for which a license has been issued.
“(b) ABCA investigators shall examine the premises and books and records of each
licensed establishment in the District at least once each year. The investigators shall make
reasonable efforts to ensure that the licensee shall know in advance the date of the inspection.
“Sec. 13c. Search warrants for illegal cannabis products; disposition of seized products.
“If a search warrant is issued by any judge of the Superior Court of the District of
Columbia or by a United States Magistrate for the District of Columbia for premises where any
cannabis products are sold, exchanged as part of a commercial transaction, delivered, or
permitted to be consumed in violation of this title, the cannabis product and any other property
designed for use in connection with the unlawful manufacture for sale, keeping for sale, selling,
or consumption may be seized and shall be subject to such disposition as the court may make
thereof.
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“Sec. 13d. Notifications from Department of Licensing and Consumer Protection, Office
of Tax and Revenue, Fire and Emergency Medical Services Department, and Metropolitan Police
Department.
“(a) The Department of Licensing and Consumer Protection, the Office of Tax and
Revenue, and the Fire and Emergency Medical Services Department shall notify the ABC Board
if a licensed establishment is the subject of a citation, revocation, or other enforcement action for
a violation of laws or regulations enforced by those agencies or offices within 30-calendar days
after the citation, revocation, or other enforcement action.
“(b) If a licensed establishment is the subject of an incident report by the Metropolitan
Police Department, the Metropolitan Police Department shall file a copy of the incident report
with the ABC Board within 30-calendar days after the incident. The ABC Board shall make the
report available for public inspection upon request.
“Sec. 13e. Nuisance.
“(a) Any building, ground, or premises where cannabis is sold, exchanged as part of a
commercial transaction, delivered, or permitted to be consumed by an unlicensed establishment
shall be a nuisance, except any building, ground, or premises of an applicant that filed an
accepted and pending application with the Board during the 90-calendar day open application
period.
“(b) An action to enjoin any nuisance defined in subsection (a) of this section may be
brought in the name of the District of Columbia by the Attorney General for the District of
Columbia in the Civil Branch of the Superior Court of the District of Columbia against any
person conducting or maintaining such nuisance or knowingly permitting such nuisance to be
conducted or maintained.”.
Sec. 3. The Medical Cannabis Amendment Act of 2022, effective March 22, 2023 (D.C.
Law 24-332; 70 DCR 1582), is amended as follows:
(a) Section 8 (D.C. Official Code § 7-1675.01) is amended as follows:
(1) Subsection (a) is amended as follows:
(A) Paragraph (1) is amended as follows:
(i) The lead-in language is amended by striking the phrase
“Alcoholic Beverage and Cannabis Administration makes final determinations for the licensure
of unlicensed establishments pursuant to §§ 7-1671.06a and 7-1671.06b, for the first violation
of D.C. Official Code § 47-2844(a-2)(1B), the Mayor” and inserting the phrase “Alcoholic
Beverage and Cannabis Board (“ABC Board”) makes final determinations for the licensure of
unlicensed establishments pursuant to sections 7a and 7b of the Legalization of Marijuana for
Medical Treatment Initiative of 1999, effective March 22, 2023 (D.C. Law 24-332; D.C. Official
Code §§ 7-1671.06a and 7-1671.06b), for the first violation of section 9(f) 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(f)), the ABC Board ” in its place.
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(ii) Subparagraph (C) is amended by striking the phrase “D.C.
Official Code § 47-2844(a-2)(1B)” and inserting the phrase “section 9(f) 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(f))” in its place.
(B) Paragraph (2) is amended by striking the phrase “provided to the
Alcoholic Beverage and Cannabis Administration,” and inserting the phrase “provided to” in its
place.
(2) Subsection (b) is amended as follows:
(A) The lead-in language is amended by striking the phrase “D.C. Official
Code § 47-2844(a-2)(1B)” and inserting the phrase “section 9(f) 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(f))” in its place.
(B) Paragraph (1) is amended by striking the phrase “The Mayor” and
inserting the phrase “The ABC Board” in its place.
(C) Paragraph (2) is amended as follows:
(i) Subparagraph (A) is amended to read as follows:
“(A) The ABC Board shall require the commercial property owner to submit a
remediation plan within 14 days after the notice of a fine under paragraph (1) of this subsection
to the ABC Board that contains the commercial property owner's plan to prevent any future
violations of section 9(f) 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(f)).”.
(ii) Subparagraph (B) is amended by striking the phrase “the
Mayor, in consultation with the Director of the Department of Licensing and Consumer
Protection, rejects the commercial property owner's remediation plan, the Mayor may issue
additional fines or revoke the commercial property owners’ licenses” and inserting the phrase
“the ABC Board rejects the commercial property owner’s remediation plan, the ABC Board may
issue additional fines” in its place.
(3) Subsection (c) is amended as follows:
(A) Paragraph (1) is amended by striking the phrase “Office of
Administrative Hearings” and inserting the phrase “Alcoholic Beverage and Cannabis Board
(“ABC Board”)” in its place.
(B) Paragraph (2) is amended by striking the phrase “Office of
Administrative Hearings” and inserting the phrase “ABC Board” in its place.
(C) Paragraph (3) is amended by striking the phrase “administrative law
judge” and inserting the phrase “ABC Board” in its place.
(4) Subsection (e)(1) is amended by striking the phrase “Office of Administrative
Hearings” and inserting the phrase “ABC Board” in its place.
(b) Section 9 is amended as follows:
(1) Subsection (a) is amended by striking the phrase “7, and 8” and inserting the
phrase “and 7” in its place.
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(2) Subsection (c)(2) is amended by striking the phrase “this act” and inserting the
phrase “the provisions identified in subsection (a) of this section” in its place.
Sec. 4. Fiscal impact statement.
The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact
statement required by section 4a of the General Legislative Procedures Act of 1975, approved
October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).
Sec. 5. Effective date.
This act shall take effect following approval by the Mayor (or in the event of veto by the
Mayor, action by the Council to override the veto), and shall remain in effect for no longer than
90 days, as provided for emergency acts of the Council of the District of Columbia in section
412(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 788;
D.C. Official Code §1-204.12(a)).
______________________________
Chairman
Council of the District of Columbia
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Mayor
District of Columbia
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