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, due to congressional review, the Legalization of Marijuana
for Medical Treatment Initiative of 1999 to clarify which Advisory Neighborhood
Commissions have standing to file a protest and allow the Alcoholic Beverage and
Cannabis Board to extend the public comment period for up to 30 calendar days, to
establish the requirement that all retailers be located more than 400 feet from each other,
to clarify that cultivation center, retailer, and internet retailer licenses issued to unlicensed
establishments count toward the overall 50% set aside requirement for social equity
applicants, and to clarify the process for unlicensed establishments being issued a
medical cannabis cultivation center, retailer, or internet retailer license.
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
act may be cited as the “Medical Cannabis License Clarification Congressional Review
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 6(b)(18) (D.C. Official Code § 7-1671.05(b)(18)) is amended as follows:
(1) Subparagraph (A) is amended by striking the phrase “all Advisory
Neighborhood Commissions in the affected ward” and inserting the phrase "any Advisory
Neighborhood Commission within 600 feet of where the establishment is or will be located
(“affected ANC”)” in its place.
(2) A new subparagraph (E) is added to read as follows:
“(E) The ABC Board may extend the public comment period set forth in
paragraph (A) of this subsection by an additional 30 calendar days in response to a written
request submitted by either an affected ANC or the applicant.”.
(b) Section 7 (D.C. Official Code § 7-1671.06) is amended by adding a new subsection
(q-1) to read as follows:
“(q-1)(1) No retailer license shall be issued for a facility that is located within 400
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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.”.
(c) Section 7a(e)(1) (D.C. Official Code § 7-1671.06a(e)(1)) is amended to read as
follows:
“(1) Cultivation Center, Retailer, and Internet Retailer licenses issued under this
section shall count toward the 50% set aside requirement for social equity applicants set forth in
section 7(h).”.
(d) Section 7b(b) (D.C. Official Code § 7-1671.06b(b)) is amended as follows:
(1) Paragraph (1) is amended by striking the word “immediately” and inserting
the phrase “once its license is issued by ABCA” in its place.
(2) Paragraph (2) is redesignated as paragraph (3).
(3) A new paragraph (2) is added to read as follows:
“(2)(A) An unlicensed establishment that is approved for a cultivation center,
retailer, or internet retailer license shall obtain issuance of its license by the later date of either
September 30, 2024, or within 180 days of Board approval or have its Board approval rescinded.
“(B)(i) An unlicensed establishment that temporarily discontinues
operations after
Board approval that is not involved in unlicensed activity may request that the Board extend the
deadline set forth in subparagraph (A) of this paragraph by one additional 180-day period to
allow the applicant to take steps to resume business operations at the applicant’s proposed
location.
“(ii) The Board shall approve the applicant’s extension request;
provided, that the applicant can demonstrate to the Board that the applicant is making reasonable
progress to resume business operations at the proposed location.
“(C) Notwithstanding paragraph A of this subsection, a cultivation center,
retailer, or internet retailer applicant shall cease any unlicensed activity once its license is issued
by ABCA.”.
Sec. 3. Technical amendment.
(a) Section 47-2908 of the District of Columbia Official Code is amended by adding a
new subsection (c) to read as follows:
“(c) If a business licensed under this section imposes a service fee consistent with the
provisions of subsection (b) of this section, the imposition of the service fee shall not constitute
an unfair or deceptive trade practice under § 28-3904.”.
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(b) This section shall apply upon the effective date of the Restaurant Revitalization and
Dram Shop Clarification Amendment Act of 2024, enacted on March 25, 2024 (D.C. Act 25-
427; 71 DCR 3525).
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)).
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Chairman
Council of the District of Columbia
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Mayor
District of Columbia
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