B26-0759 — Medical Cannabis Licensing and Unlicensed Establishment Enforcement Clarification Emergency Amendment Act of 2026

____________________________ENROLLED ChairmanORIGINAL PhilAN MendelsonACT 4 6 8 A BILL _________ IN THE COUNCIL OF THE DISTRICT OF COLUMBIA __________________ To amend, on an emergency basis, to amend the Legalization of Marijuana for Medical Treatment Initiative of 1999 to amend the definition of an unlicensed establishment to include establishments that sell Schedule I substances or products that contain Schedule I substances, to extend the expiration dates of conditional licenses for medical cannabis cultivation centers, retailers, internet retailers, manufacturers, couriers, and testing laboratories for an additional year, to clarify that a conditional license applicant may submit a zoning certificate instead of a certificate of occupancy with their permanent license application, to clarify the distance requirements between retailers and internet retailers and schools and recreation centers, to authorize enforcement actions to be taken against all unlicensed establishments beginning on April 1, 2025, regardless of whether the unlicensed establishments have an application pending application before the Alcoholic Beverage and Cannabis Board, to authorize certain enforcement actions before April 1, 2025, against an unlicensed establishment that has an application before the Alcoholic Beverage and Cannabis Board if the unlicensed establishment sells a Schedule I substance or a product that contains a Schedule I substance, to authorize summary closures and related enforcement actions to continue for as long as the imminent danger to the public persists and is likely to recur, and to allow the Alcoholic Beverage and Cannabis Administration and Metropolitan Police Department to take related enforcement actions against a licensed medical cannabis establishment that engages in certain unlawful activity.

ENROLLED ORIGINAL “(2B) “Cannabis product” means a product derived from or composed of cannabis, in part or in whole.”whole.”. (2) A new paragraph (20B-i) is added to read as follows:

“(20B-i)(2) “ScheduleA Inew substance”paragraph means(20B-i) ais controlledadded substanceto listedread inas sectionfollows: 204 of the District of Columbia Uniform Controlled Substances Act of 1981, effective August 5, 1981 (D.C.

“(20B-i) “Schedule I substance” means a controlled substance listed in section of the District of Columbia Uniform Controlled Substances Act of 1981, effective August 5, (D.C.

(B) Paragraph (2) is amended byas strikingfollows: the phrase “shall have 2 years from the date of ABC Board approval” and inserting the phrase “shall have until the end of the term of the conditional license” in its place.

(C)(i) ParagraphThe (2)(C)lead-in language is amended by striking the phrase “certificate“shall have 2 years from the date of occupancy”ABC Board approval” and inserting the phrase “zoning“shall certificatehave oruntil certificatethe end of occupancy”the term of the conditional license” in its place.

(D)(ii) ParagraphSubparagraph (3)(C) is amended toby readstriking asthe follows:phrase “certificate of occupancy” and inserting the phrase “zoning certificate or certificate of occupancy” in its place.

(C) Paragraph (3) is amended to read as follows:

(E)(D) Paragraph (4) is amended by striking the phrase “after a period of 2 years” and inserting the phrase “before the end of the term of the conditional licenses”license” in its place.

(c)ENROLLED ORIGINAL (2) Subsection (k-1) is amended to read as follows:

89(3) (d) Subsection (l) is amended by striking the phrase “A one-year conditional license” and inserting the phrase “A conditional license” in its place.

(e)(4) Subsection (q) is amended to read as follows:

“(B) Notwithstanding subparagraph (A) of this paragraph, an unlicensed establishment license holder or applicant that applied for a retailer or internet retailer license during the 90-calendar90-calendar-day day open application period set forth in section 7a(a)(1) shall be permitted to locate within 300 feet of a preschool, primary or secondary school, or recreation center where the main entrance to the preschool, primary school or secondary school, or recreation center is actually on or occupies ground zoned commercial or industrial according to the official atlases of the Zoning Commission of the District of Columbia.

(f)(c) Section 7b (D.C.

(g)(d) Section 9 (D.C.

“(c-1) It shall be a violation of this act for a licensed establishment or an unlicensed establishmentestablishment, (regardlessregardless of whether the unlicensed establishment has an application pending before the ABC Board)Board, to sell, exchange as part of a commercial transaction, or deliver Schedule I substances or products that contain Schedule I substances.”.

ENROLLED ORIGINAL (3) Subsection (g) is amended as follows:

“(1)ENROLLED ORIGINAL “(h)(1) ABCA or the Metropolitan Police Department may post signage at the site of the unlicensed establishment or licensed establishment indicating that activity that violates this act has been found to have occurred at the establishment.”.

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.

___________________________________ Chairman Council of the District of Columbia _________________________________ Mayor District of Columbia 5