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MURIELBOWSERMAYOR
September24,2025
The Honorable PhilMendelson
Chairman
Council of theDistrictof Columbia
JohnA.WilsonBuilding1350PennsylvaniaAvenue,NW,Suite504Washingion,DC20004
‘DearChairmanMendelson:
EnclosedforconsiderationandapprovalbytheCounciloftheDistrictofColumbiaisaproposedresolution,the“MedicalCannabisRemediationandTestingRulemakingApprovalResolutionof2025.”
‘TheproposedresolutionwouldapproveproposedFinalrulestoamendSubtitleC(MedicalMarijuana)ofTitle22(Health)oftheDistrictofColumbiaMunicipalRegulations,whichtheDistrictofColumbiaAlcoholicBeverageControlBoardadoptedonAugust28,2024,byavoleofthreetozero.
TheproposedfinalrulesallowsmedicalcannabisbusinesseslicensedundertheDistrict’sMedicalCannabisProgram(oremediatemedicalcannabisandmedicalcannabisproductsthatfailtestingforreasonsthatmaybeaddressedwithoutharmtopatients.ThesechangeswillbringtheDistrict’sregulationsinlinewithothermarketbasketjurisdictionsandreducewastebyallowingremediationandrepurposingofthefailedproduct.
Ifyouhaveanyquestionsregardingtheproposedfinalrules,pleasecontactDonovanAnderson,Chait,AlcoholicBeverageandCannabisBoard,at(202)442-4423
urgetheCounciltotakepromptandfavorableactionontheenclosedproposedresolution
Sincerely,
MérielB
Fatblosure
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-;I;~
Chairman Phil Mendelson
at the request of the Mayor
A PROPOSED RESOLUTION
IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
To approve proposed final rules amending Subtitle C of Title 22 of the District of
Columbia Regulations to authorize licensed medical cannabis businesses to
remediate medical cannabis and medical cannabis products that fail testing for
reasons that may be addressed without harm to patients.
RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That
this resolution may be cited as the "Medical Cannabis Remediation and Testing
Rulemaking Approval Resolution of 2025".
Sec. 2. Pursuant to section 14(b) of the Legalization of Marijuana for Medical
Treatment Initiative of 1999, effective July 27, 2010 (D.C. Law 18-210; D.C. Official
Code § 7-1671.13(b) ), the Council of the District of Columbia approves the proposed
final rules of the Alcoholic Beverage and Cannabis Board, which were transmitted to the
Council by the Mayor on September 24, 2025, and a notice of proposed rulemaking for
which was published in the District of Columbia Register on December 27, 2025, at 71
DCR 16357, to amend Subtitle C (Medical Marijuana) of Title 22 (Health) of the District
of Columbia Municipal Regulations.
Sec. 3. Transmittal.
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The Council of the District of Columbia shall transmit a copy of this resolution, 32
upon its adoption, to the Mayor and the Chairperson of the Alcoholic Beverage and 33
Cannabis Board. 34
Sec. 3. Fiscal impact statement. 35
The Council adopts the fiscal impact statement in the committee report as the 36
fiscal impact statement required by section 4a of the General Legislative Procedures Act 37
of 1975, approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 38
Sec. 5. Effective date. 39
This resolution shall take effect immediately. 40
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ALCOHOLIC BEVERAGE AND CANNABIS BOARD
ALCOHOLIC BEVERAGE AND CANNABIS ADMINISTRATION
NOTICE OF FINAL RULEMAKING
as submitted to the Council of the District of Columbia for its review and approval pursuant to
section 14(b) of the Legalization of Marijuana for Medical Treatment Initiative of 1999,
effective July 27, 2010 (D.C. Law 18 210; D.C. Official Code § 7 1671.13(b))
The Alcoholic Beverage and Cannabis Board (“Board”), pursuant to Section 14 of the Legalization
of Marijuana for Medical Treatment Initiative of 1999, effective July 27, 2010 (D.C. Law 18-210;
D.C. Official Code § 7-1671.13)) and Mayor’s Order 2020-099, dated September 30, 2020, hereby
gives notice of its adoption of the following amendments to Subtitle C (Medical Marijuana) of Title
22 (Health) of the District of Columbia Municipal Regulations (“DCMR”).
This rulemaking allows medical cannabis businesses licensed under the District’s Medical
Cannabis Program to remediate medical cannabis and medical cannabis products that fail testing
for reasons that may be addressed without harm to patients. These amendments would bring the
District in line with other market basket states that allow remediation of products that fails testing
under certain circumstances; for example, at 3 Va. Admin. Code § 10-60-30, Virginia allows the
remediation of medical cannabis products. These amendments will also reduce waste by licensed
businesses, as allowing remediation will allow for the repurposing of useable product that would
otherwise be destroyed.
On August 28, 2024, the Board, by a vote of three(3) to zero (0), voted to adopt a Notice of Emergency
and Proposed Rulemaking to allow for remediation of medical cannabis and medical cannabis product
under circumstances. These rules were published in the District of Columbia Register on December
27, 2024, at 71 DCR 16357, and were set to expire on December 26, 2024.
On December 11, 2024, the Board, by a vote of five (5) to zero (0), voted to adopt the Second
Notice of Emergency Rulemaking; this emergency rulemaking allowed for the emergency rules to
remain in place while proposed permanent rules underwent review and moved toward Board
consideration and approval. These emergency rules were published in the District of Columbia
Register on ----------, ---, at -- DCR ----and- were set to expire on April 10, 2025.
On April 9, 2025, the Board, by a vote of five (5) to zero (0), voted to adopt the Third Notice of
Emergency Rulemaking; as with the Second Notice of Emergency Rulemaking, adoption of this
emergency rulemaking maintained the existing rules while the Board worked to advance a final
rulemaking. These emergency rules were published in the District of Columbia Register on ----------
, ---, at -- DCR -----, and are set to expire on August 7, 2025.
In response to the Notice of Emergency and Proposed Rulemaking, the Board did not receive any
comments.
On its own initiative, the Board made two changes to the proposed rules in the final rules. First,
the final rule adds further non-substantive clarifying language to § 6511.3 to clearly describe what
occurs after the failure of a test, which requires all cannabis products to undergo testing before
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being provided to patients, as currently required by Chapter 65. Second, the final rules make non-
substantive changes to the language of § 6511.4.
Board Action on Final Rulemaking
On MONTH DAY, 2025, the Board voted XXX (X) to YYY (Y) to adopt this proposed final
rulemaking for transmittal to the Council for its review and approval pursuant to D.C. Official
Code § 7-1671.13(b).
On MONTH DAY, 2025, the Mayor transmitted the proposed final rules to the Council for its
review and approval pursuant to the Medical Cannabis Testing and Remediation Approval
Resolution of 2025 (P.R. 26- XXX). In accordance with D.C. Official Code § 7- 1671.13(b), “If
the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution,
within th[e] 30-day review period [excluding Saturdays, Sundays, legal holidays, and Council
recesses, after the Mayor submits the proposed final rules to the Council], the proposed rules shall
be deemed approved.”
[The Council not having taken action to approve or disapprove the proposed final rules before the
end of the 30-day review period, the proposed final rules were deemed approved by the Council
on MONTH DAY, 2025. / The Council voted to approve the Medical Cannabis Testing and
Remediation Approval Resolution of 2025 on ------ ----, 2025.] As such, the rules are now ripe for
the Board to take final action. Therefore, on MONTH DAY, 2025, the Board voted five (5) to
zero (0) to adopt the rules as final.
These final rules shall take effect on the date this Notice of Final Rulemaking is published in the
District of Columbia Register, and the final rules shall supersede the emergency rules that were
previously adopted by the Board and published in the District of Columbia Register on ----------, -
--, at -- DCR -----.
The final rules adopted by the Board are as follows:
Subtitle C, MEDICAL MARIJUANA, of Title 22, HEALTH, of the District of Columbia
Municipal Regulations, is amended as follows:
Chapter 65, CANNABIS TESTING, is amended as follows:
A new section 6511, REMEDIATION, is added, which shall read as follows:
6511 REMEDIATION
6511.1 If a sample of cannabis oil or dried or otherwise unprocessed cannabis plant
material product submitted to a testing laboratory by a medical cannabis business
does not pass the microbiological, mycotoxin, heavy metal, or residual solvent test
based on the standards set forth in this chapter, the medical cannabis business may
remediate the batch.
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6511.2 If a medical cannabis business remediates a batch pursuant to § 6511.1, it shall
submit the remediated batch for retesting in accordance with the Act and this title.
If the submitted sample passes the test described in § 6511.1 that the previous
sample failed, as well as any other applicable tests required by this chapter, the
previous sample’s failure shall not require destruction of the batch.
6511.3 If dried or otherwise unprocessed cannabis plant material batch fails retesting, it
may be processed into cannabis oil, unless the failure was due to a violation of §
5620.1. The cannabis oil shall thereafter be subject to testing pursuant to this
chapter, and, if the sample of cannabis oil tested does not pass a test described in §
6511.1, the medical cannabis business may remediate the batch pursuant to this
section.
6511.4 A medical cannabis business may not remediate or process into cannabis oil any
cannabis or cannabis product where a sample of the cannabis or cannabis product
fails a test related to the presence of pesticides or the cannabis or cannabis product
was produced or grown in violation of § 5620.1.
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GOVERNMENT OF THE DISTRICT OF COLUMBIA
OFFICE OF THE ATTORNEY GENERAL
BRIAN L. SCHWALB
ATTORNEY GENERAL
LEGAL COUNSEL DIVISION
ME
MORANDUM
TO: To
más Talamante
Director
Office of Policy and Legislative Affairs
FROM: Adele El-Khouri
Deputy Attorney General
Legal Counsel Division
DATE: February 3, 2025
SUBJECT: Legal Sufficiency Review – Draft “ABCA Medical Cannabis Remediation and
Testing Rulemaking Approval Resolution of 2025”
(AE-24-445 B)
_____________________________________________________________________________________
This is to Certify that this Office has reviewed the above-referenced draft
legislation and found it to be legally sufficient. If you have any questions in this regard, please do
not hesitate to call me at (202) 724-5524.
_________________________________
A
dele El-Khouri