B25-1007 — Medical Cannabis Clarification and Program Enforcement Emergency Amendment Act of 2024

______________________________ENROLLED CouncilmemberORIGINAL KenyanAN R.ACT ______________ IN THE COUNCIL OF THE DISTRICT OF COLUMBIA ___________________________ To amend, on an emergency basis, 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;

McDuffie 4 6 A BILL 9 ______________ IN THE COUNCIL OF THE DISTRICT OF COLUMBIA __________________ To amend, on an emergency basis, 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;

and to amend the Legalization of Marijuana for Medical Treatment Initiative of 1999 to make clarifications and improvements to the District’s medical cannabis program,program and to align and clarify standing to protest and enforcement procedures for unlicensed establishments.

1 Sec.

Official Code § 7-1671.08), ENROLLED ORIGINAL or section 8 of the Medical Cannabis Amendment Act of 2022, effective March 22, 2023 (D.C.

“(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.

(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 ENROLLED ORIGINAL legal guardian, a grandparent, or a sibling who is or has been arrested, convicted, or incarcerated” in its place.

ENROLLED ORIGINAL “(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.”.

“(G) No licensee holding a cultivation center license shall hold an internet ENROLLED ORIGINAL 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 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.

ENROLLED ORIGINAL “(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.”.

ENROLLED ORIGINAL “(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.

“(c-1)(1) An unlicensed establishment that applied for a retailer license under subsection (a)(3) of this section may be allowed to change the location of the retailer facility on its ENROLLED ORIGINAL application within 180 days after 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), without negatively affecting the status of the application;

ENROLLED ORIGINAL (C) A new paragraph (2) is added to read as follows:

ENROLLED ORIGINAL “(2) A smoke-free area for employees to monitor the designated consumption area, if combustible medical cannabis products are available to qualifying patients to consume in the designated consumption area;

“(b-1) No holder of a retailer and safe use treatment facility endorsement located within 400 feet of a day care center may obtain a summer garden endorsement pursuant to this section.”.

“(b) The ABC Board may, at the request of both an affected ANC and the applicant, extend the ANC’s protest petition deadline set forth in subsection (a) of this section by up to an ENROLLED ORIGINAL additional 30 calendar days for the sole purpose of allowing the ANC to vote on whether to support or protest the license application.

and ENROLLED ORIGINAL “(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 or cannabis products that are 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.

ENROLLED ORIGINAL “(C) Once a testing laboratory has been licensed under this act, the unlicensed establishment distributes, attempts to distribute, or makes available for sale or exchange cannabis or a cannabis product untested by a testing laboratory licensed under this act.

ENROLLED ORIGINAL “(4) Any person willfully removing, obliterating, or defacing the notice shall be guilty of a violation of this act.

ENROLLED ORIGINAL “Sec.

ENROLLED ORIGINAL “(d)(1) Within 14 days of the issuance of any preliminary injunction, the Court shall hold a full hearing on the merits of the nuisance action.

Section 8 of the Medical Cannabis Amendment Act of 2022, effective March 22, 2023 (D.C.

ENROLLED ORIGINAL (2) 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.

ENROLLED ORIGINAL (b) Section 2 of the Medical Cannabis License Clarification Temporary Amendment Act of 2024, effective May 21, 2024 (D.C.

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 ENROLLED ORIGINAL 412(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat.

32______________________________ Chairman Council of the District of Columbia _________________________________ Mayor District of Columbia 19