ENROLLED ORIGINAL
AN ACT
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IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
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To amend, on a temporary basis, 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 shall 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.
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
act may be cited as the “Medical Cannabis Clarification Supplemental Temporary Amendment
Act of 2023”.
Sec. 2. Section 7 of the Legalization of Marijuana for Medical Treatment Initiative of
1999, effective February 25, 2010 (D.C. Law 13-315; D.C. Official Code § 7-1671.06), is
amended as follows:
(a) Subsection (d) is amended as follows:
(1) Paragraph (2) is amended by striking the phrase “retailer or online retailer
license” and inserting the phrase “retailer license” in its place.
(2) 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, 2024.”.
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(b) Subsection (e)(1) is amended as follows
(1) Subparagraph (F) is amended by striking the phrase “retailer or internet
retailer license” and inserting the phrase “retailer license” in its place.
(2) A new subparagraph (G) is added to read as follows:
“(G) No licensee holding a cultivation center license shall hold an internet
retailer license.”.
(c) New subsections (w) and (x) 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, 2024. 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, 2024, 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 application 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
calendar days after March 22, 2023. An applicant shall be allowed to change the location of the
retailer facility on its application by May 1, 2024, without negatively affecting the status of the
application.
“(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.
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Sec. 3. Repealer.
The Medical Cannabis Clarification Temporary Amendment Act of 2023, enacted on
March 24, 2023 (D.C. Act 25-63; 70 DCR 3838), is repealed.
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.
(a) 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), a 30-day period of congressional review
as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December
24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1), and publication in the District of
Columbia register.
(b) This act shall expire after 225 days of its having taken effect.
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Chairman
Council of the District of Columbia
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Mayor
District of Columbia
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