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____________________________ 1 Chairman Phil Mendelson 2 3 4 5 6 7 8 A BILL 9 10 _________ 11 12 13 IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 14 15 __________________ 16 17 18 To amend, on a temporary basis, to amend the Legalization of Marijuana for Medical Treatment 19 Initiative of 1999 to amend the definition of an unlicensed establishment to include 20 establishments that sell Schedule I substances or products that contain Schedule I 21 substances, to extend the expiration dates of conditional licenses for medical cannabis 22 cultivation centers, retailers, internet retailers, manufacturers, couriers, and testing 23 laboratories for an additional year, to clarify that a conditional license applicant may 24 submit a zoning certificate instead of a certificate of occupancy with their permanent 25 license application, to clarify the distance requirements between retailers and internet 26 retailers and schools and recreation centers, to authorize enforcement actions to be taken 27 against all unlicensed establishments beginning on April 1, 2025, regardless of whether 28 the unlicensed establishments have an application pending application before the 29 Alcoholic Beverage and Cannabis Board, to authorize certain enforcement actions before 30 April 1, 2025, against an unlicensed establishment that has an application before the 31 Alcoholic Beverage and Cannabis Board if the unlicensed establishment sells a Schedule 32 I substance or a product that contains a Schedule I substance, to authorize summary 33 closures and related enforcement actions to continue for as long as the imminent danger 34 to the public persists and is likely to recur, and to allow the Alcoholic Beverage and 35 Cannabis Administration and Metropolitan Police Department to take related 36 enforcement actions against a licensed medical cannabis establishment that engages in 37 certain unlawful activity. 38 39 BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 40 act may be cited as the “Medical Cannabis Licensing and Unlicensed Establishment Enforcement 41 Clarification Temporary Amendment Act of 2026”. 42
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Sec. 2. The Legalization of Marijuana for Medical Treatment Initiative of 1999, effective 43 July 27, 2010 (D.C. Law 18-210; D.C. Official Code § 7-1671.01 et seq.), is amended as follows: 44 (a) Section 2 (D.C. Official Code § 7-1671.01) is amended as follows: 45 (1) A new paragraph (2B) is added to read as follows: 46 “(2B) “Cannabis product” means a product derived from or composed of 47 cannabis, in part or in whole.” 48 (2) A new paragraph (20B-i) is added to read as follows: 49 “(20B-i) “Schedule I substance” means a controlled substance listed in section 50 204 of the District of Columbia Uniform Controlled Substances Act of 1981, effective August 5, 51 1981 (D.C. Law 4-29; D.C. Official Code § 48-902.04), or rules implementing that section.”. 52 (3) Paragraph (22) is amended to read as follows: 53 “(22) “Unlicensed establishment” means: 54 “(A) A sole proprietorship, partnership, or other business entity that: 55 “(i) Sells, exchanges as part of a commercial transaction, or 56 delivers cannabis and cannabis products; 57 “(ii) Operates at or delivers from a specific location in the District; 58 and 59 “(iii) Is not licensed by ABCA as a cultivation center, retailer, 60 internet retailer, manufacturer, courier, or testing laboratory; or 61 “(B) For purposes of section 9(c-1), (g), (h), and (i), a sole proprietorship, 62 partnership, or other business entity that: 63 “(i) Sells, exchanges as part of a commercial transaction, or 64 delivers Schedule I substances or products that contain Schedule I substances; and 65
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“(ii) Operates at or delivers from a specific location in the 66 District.”. 67 (b) Section 7 (D.C. Official Code § 7-1671.06) is amended as follows: 68 (1) Subsection (k) is amended as follows: 69 (A) Paragraph (1) is amended by striking the phrase “a 2-year conditional 70 license” and inserting the phrase “a conditional license valid for up to 3 years” in its place. 71 (B) Paragraph (2) is amended by striking the phrase “shall have 2 years 72 from the date of ABC Board approval” and inserting the phrase “shall have until the end of the 73 term of the conditional license” in its place. 74 (C) Paragraph (2)(C) is amended by striking the phrase “certificate of occupancy” 75 and inserting the phrase “zoning certificate or certificate of occupancy” in its place. 76 (D) Paragraph (3) is amended to read as follows: 77 “(3) The holder of a conditional license shall not engage in purchasing, 78 possessing, cultivating, manufacturing, or selling of medical cannabis, cannabis products, or 79 Schedule I substances.”. 80 (E) Paragraph (4) is amended by striking the phrase “after a period of 2 81 years” and inserting the phrase “before the end of the term of the conditional licenses” in its 82 place. 83 (c) Subsection (k-1) is amended to read as follows: 84 “(k-1) A one-year conditional license that was in effect as of December 17, 2024, and 85 that automatically converted to a 2-year conditional license, shall automatically convert to a 3-86 year conditional license, expiring 2 years after the date the original conditional license was set to 87 expire, at no additional cost and without additional ABC Board approval.”. 88
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(d) Subsection (l) is amended by striking the phrase “A one-year conditional license” and 89 inserting the phrase “A conditional license” in its place. 90 (e) Subsection (q) is amended to read as follows: 91 “(q)(1)(A) A retailer or internet retailer shall not locate within any residential district or 92 within 400 feet of a preschool, primary or secondary school, or recreation center; except, that a 93 license holder or an applicant who has applied prior to December 17, 2024, shall not be 94 permitted to locate within 300 feet of a preschool, primary or secondary school, or recreation 95 center. 96 “(B) Notwithstanding subparagraph (A) of this paragraph, an unlicensed 97 establishment license holder or applicant that applied for a retailer or internet retailer license 98 during the 90-calendar day open application period set forth in section 7a(a)(1) shall be permitted 99 to locate within 300 feet of a preschool, primary or secondary school, or recreation center where 100 the main entrance to the preschool, primary school or secondary school, or recreation center is 101 actually on or occupies ground zoned commercial or industrial according to the official atlases of 102 the Zoning Commission of the District of Columbia. 103 “(2) A retailer or internet retailer that received a license in compliance with 104 paragraph (1) of this subsection shall not have to relocate to renew its license at its existing 105 location if a preschool, primary or secondary school, or recreation center subsequently locates 106 within 400 feet of its facility.”. 107 (f) Section 7b (D.C. Official Code § 7-1671.06b) is amended by adding a new subsection 108 (a-1) to read as follows: 109 “(a-1) Notwithstanding any other provision of this section, an unlicensed establishment 110 may be summarily closed and padlocked, without a prior hearing, pursuant to section 9(g) after 111
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April 1, 2025, if, after an inspection, ABCA determines that the unlicensed establishment 112 presents an imminent danger to the health or safety of the public as described in section 113 9(g)(2).”. 114 (g) Section 9 (D.C. Official Code § 7-1671.08) is amended as follows: 115 (1) Subsection (b) is amended by redesignating the second paragraph (1) as 116 paragraph (2). 117 (2) A new subsection (c-1) is added to read as follows: 118 “(c-1) It shall be a violation of this act for a licensed establishment or an unlicensed 119 establishment (regardless of whether the unlicensed establishment has an application pending 120 before the ABC Board) to sell, exchange as part of a commercial transaction, or deliver Schedule 121 I substances or products that contain Schedule I substances.”. 122 (3) Subsection (g) is amended as follows: 123 (A) Paragraph (1) is amended as follows: 124 (i) Strike the phrase “this title” and insert the phrase “this act” in 125 its place. 126 (ii) Strike the phrase “cannabis and cannabis products” and insert 127 the phrase “cannabis, cannabis products, Schedule I substances, or products that contain 128 Schedule I substances” in its place. 129 (B) A new paragraph (6) is added to read as follows: 130 “(6) The ABC Board may continue the summary closure, padlocking of the 131 premises, and seizure of cannabis, cannabis products, Schedule I substances, and products 132 containing Schedule I substances until the imminent danger that triggered the summary closure is 133 abated. Even if the imminent danger that triggered the summary closure is abated, the ABC 134
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Board may continue the summary closure, the padlocking of the premises, and the seizure of 135 cannabis, cannabis products, Schedule I substances, and products containing Schedule I 136 substances, if the ABC Board determines, in its reasonable judgment, the imminent danger is 137 likely to recur.”. 138 (4) A new subsection (g-1) is added to read as follows: 139 “(g-1)(1) The ABC Board may summarily close and order the padlocking, by ABCA or 140 MPD without a prior hearing, of a licensed establishment, and ABCA or MPD may seize all 141 cannabis, cannabis products, Schedule I substances, and products containing Schedule I 142 substances found at the premises, if, after an inspection, ABCA determines that the licensed 143 establishment presents an imminent danger to the health and safety of the public for the reasons 144 set forth in subsection (g)(2)(C) through (G) of this section. 145 “(2) ABCA shall provide the licensed establishment’s owner and the property 146 owner with written notice of the summary closure and the right to request a hearing. 147 “(3) The owner of the licensed establishment shall have 5 business days after 148 service of the notice of summary closure to request a hearing with the ABC Board, which shall 149 hold a hearing within 5 business days of a timely request. 150 “(4) The ABC Board shall issue a written decision within 5 business days after the 151 hearing, or if no hearing is requested, within 10 business days after the service of the notice. 152 “(5) The ABC Board may continue the summary closure, padlocking of the 153 premises, and seizure of cannabis, cannabis products, Schedule I substances, and products 154 containing Schedule I substances until the imminent danger that triggered the summary closure is 155 abated. Even if the imminent danger that triggered the summary closure is abated, the Board may 156 continue the summary closure, the padlocking of the premises, and the seizure of cannabis, 157
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cannabis products, Schedule I substances, and products containing Schedule I substances, if the 158 ABC Board determines, in its reasonable judgment, the imminent danger is likely to recur.”. 159 (5) Subsection (h) is amended as follows: 160 (A) Paragraph (1) is amended to read as follows: 161 “(1) ABCA or the Metropolitan Police Department may post signage at the site of 162 the unlicensed establishment or licensed establishment indicating that activity that violates this 163 act has been found to have occurred at the establishment.”. 164 (B) Paragraph (2) is amended by striking the phrase “unlicensed 165 establishment” and inserting the phrase “unlicensed establishment or licensed establishment” in 166 its place. 167 (6) Subsection (i)(1) is amended to read as follows: 168 “(i)(1) An ABCA investigator may test cannabis and cannabis products found at a 169 licensed establishment or unlicensed establishment to quantify their THC content and may, to the 170 extent the investigator has probable cause to do so, test other substances and products found at a 171 licensed establishment or unlicensed establishment for the presence and quantity of a Schedule I 172 substance.”. 173 Sec. 3. Fiscal impact statement. 174 The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact 175 statement required by section 4a of the General Legislative Procedures Act of 1975, approved 176 October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 177 Sec. 4. Effective date. 178 (a) This act shall take effect following approval by the Mayor (or in the event of veto by 179 the Mayor, action by the Council to override the veto), a 30-day period of congressional review 180
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as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 181 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the D.C. 182 Register. 183 (b) This act shall expire after 225 days of its having taken effect. 184