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MURIEL BOWSER
MAYOR
September 24, 2025
The Honorable Phil Mendelson
Chairman
Council of the District of Columbia
John A. Wilson Building
1350 Pennsylvania Avenue, NW, Suite 504
Washington, DC 20004
Dear Chairman Mendelson:
Enclosed for consideration and approval by the Council of the District of Columbia is a proposed
resolution entitled the " Medical Cannabis Signs and Advertising Rulemaking Approval
Resolution of 2025."
The proposed resolution would approve emergency and proposed rules that the District of Columbia
Alcoholic Beverage Control Board adopted on May 15, 2024, on a vote of three (3) to zero (0) to amend
sections 5800 and 5801 of Title 22-C of the DCMR. The proposed rules were published in the DC
Register on July 26, 2024 for a thirty (30) day comment period and no comments were received. Thus,
the rulemaking is ripe for Council review and approval.
Specifically, the signs and advertising emergency and proposed rulemaking revises Title 22-C of
the DCMR to comport with amendments made to Chapter 16B of Title 7 of the D.C. Official Code
made by the Council in the Medical Cannabis Program Enforcement Temporary Amendment Act
o/2024.
If you have any questions on this matter, please contact Donovan Anderson, Chair, Alcoholic Beverage
and Cannabis Board, at (202) 442-4423.
Sincerely,
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at the request of the Mayor
A PROPOSED RESOLUTION
10 IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
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15 To approve proposed final rules of the Alcoholic Beverage and Cannabis Board that would
16 amend section 5800, Sign Advertising, and section 5801, Prohibited Statements, ofTitle
17 22-C of the District of Columbia Regulations.
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19 RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA , That this
20 resolution may be cited as the "Medical Cannabis Signs and Advertising Rulemaking Approval
21 Resolution of 2025".
22 Sec. 2. Pursuant to section 14(b) of the Legalization of Marijuana for Medical Treatment
23 Initiative of 1999, effective July 27, 2010 (D.C. Law 18-210; D .C . Official Code§ 7-
24 167 l.13(b )), the Council of the District of Columbia approves the proposed final rulemaking of
25 the Alcoholic Beverage and Cannabis Board, which was transmitted by the Mayor to the Council
26 on September 24, 2025, and a notice of proposed rulemaking for which was published in the
27 District of Columbia Register on July 26, 2024, at 71 DCR 9417, to amend section 5800, Sign
28 Advertising, and section 5801, Prohibited Statements, of Title 22-C of the District of Columbia
29 Municipal Regulations.
30 Sec. 3. Transmittal.
31 The Council of the District of Columbia shall transmit a copy of this resolution, upon its
32 adoption, to both the Mayor and the Chairperson of the Alcoholic Beverage Control Board.
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Sec. 4. Fiscal impact statement. 33
The Council adopts the fiscal impact statement in the committee report as the fiscal 34
impact statement required by section 4a of the General Legislative Procedures Act of 1975, 35
approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a) 36
Sec. 5. Effective date. 37
This resolution shall take effect immediately. 38
ALCOHOLIC BEVERAGE AND CANNABIS BOARD
ALCOHOLIC BEVERAGE AND CANNABIS ADMINISTRATION
NOTICE OF FINAL RULEMAKING
as submitted to the Council for its review and approval pursuant to section 14(b) of the
Legalization of Marijuana for Medical Treatment Initiative of 1999, effective February 25,
2010 (D.C. Law 13-315; D.C. Official Code § 7-1671.13(b))
The Alcoholic Beverage and Cannabis Board (Board), pursuant to Section 14 of the Legalization
of Marijuana for Medical Treatment Initiative of 1999, effective February 25, 2010 (D.C. Law
13-315; D.C. Official Code § 7-1671.13; and Mayor’s Order 2020-099, dated September 30, 2020;
hereby gives notice of the adoption of the following amendments to Subtitle C (Medical Marijuana)
of Title 22 (Health) of the District of Columbia Municipal Regulations (DCMR).
On January 9, 2024, the Council of the District of Columbia (Council) passed the Medical
Cannabis Program Enforcement Emergency Amendment Act of 2024, effective February 2, 2024
(D.C. Act 25-371; 71 DCR 1200), which amended the District of Columbia’s Medical Cannabis
Program (Program) to address signage and other advertising issues; that emergency legislation
expired on April 24, 2024. On February 6, 2024, the Council passed the Medical Cannabis
Program Enforcement Temporary Amendment Act of 2024, effective April 19, 2024 (D.C. Act
25-396; 71 DCR 2082), temporary legislation that is substantively identical to the preceding
emergency measure.
Based upon the emergency legislation enacted by the Council, the Board on January 31, 2024, by
a vote of three to zero, approved an initial Notice of E mergency and Proposed Rulemaking,
including: (1) clarifying how medical cannabis facilities may post signage and be advertised; ( 2)
establishing advertising and signage guidelines for licensed and unlicensed establishments offering
cannabis and medical cannabis ; (3) avoiding public nuisances; and ( 5) preventing false and
misleading advertising regarding the legal status of the cannabis and medical cannabis being
offered to the public by licensed and unlicensed retailers. The rules were published in the District
of Columbia Register on July 26, 2024, at 71 DCR 9417.
The Board also held a public hearing on the proposed rules on March 6, 2024, at 10:30 a.m., and no
public comments were received.
On May 15, 2024, the Board, by a vote of three to zero, approved a Second Notice of Emergency
and Proposed Rulemaking. The rules were published in the District of Columbia Register on July 26,
2024, at 71 DCR 9417. No comments were received in response to the notice of proposed
rulemaking.
On September 11, 2024, the Board, by a vote of three to zero, approved a Third Notice of
Emergency Rulemaking that contained the same rules approved as part of the Second Notice of
Emergency and Proposed Rulemaking. The rules were published on the agency’s website on
November 22, 2024, and will be published in the District of Columbia Register.
On February 5, 2025, the Board, by a vote of five (5) to zero (0), approved the Fourth Emergency
Rulemaking to maintain the rules approved in the Third Notice of Emergency Rulemaking. The
rules were published on the agency’s website on February 5, 2025, and will be published in the
District of Columbia Register.
On June 4, 2025, the Board, by a vote of five to zero, approved a Fifth Notice of Emergency
Rulemaking. In that rulemaking, the rules were edited for the purposes of clarity but did not
substantively depart from the prior rules issued by the Board.
On June 25, 2025, the Board voted to send a proposed final rulemaking to the Council for its
review and approval pursuant to section 14(b) of the Legalization of Marijuana for Medical
Treatment Initiative of 1999, effective February 25, 2010 (D.C. Law 13-315; D.C. Official Code
§ 7-1671.13(b)). The text of the proposed final rules approved by the Board was identical to the
text of the fifth emergency rules; the Board also determined that the changes between the second
proposed rules and the proposed final rules were not substanti ve. The Mayor thereafter
transmitted the proposed final rules to the Council for its review and approval pursuant to the
Medical Cannabis Signs and Advertising Rulemaking Approval Resolution of 2025 (P.R. 26-
XXX).
In accordance with D.C. Official Code § 7- 1671.13(b), the proposed final rules are deemed
approved if the Council does not approve or disapprove them by resolution within 30 days of
submission, excluding Saturdays, Sundays, legal holidays, and days of Council recess.
[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 C annabis Technical
Rulemaking Approval Resolution of 2025 on ------ ----, 2025.]
On [DATE], the Board, by a vote of five to zero, approved this final rulemaking. No changes
were made to the text of the rules transmitted to the Council. The rules shall become effective
upon the date of publication of this notice in the District of Columbia Register.
The rules approved 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 58, ADVERTISING, is amended as follows:
Section 5800, SIGN ADVERTISING, is amended to read as follows:
5800.1 Signs located on the exterior of a licensed establishment that advertis e medical
cannabis shall not, in the aggregate, exceed ten (10) square feet; provided, that the
square footage of any signs located on the exterior of the licensed establishment
that contain only a licensed establishment’s trade name shall not count toward the
ten (10) square foot limit.
5800.2 (a) An exterior-facing sign placed on a window of a licensed establishment that
indicates that there is medical cannabis on the property shall only be placed
on the interior side of such window.
(b) Signs placed on the windows of a licensed establishment shall not, in
aggregate, occupy more than twenty-five percent ( 25%) of the window
space.
5800.3 No sign related to medical cannabis or that indicates the presence of medical
cannabis at the licensed establishment shall be posted on any side of an exterior
entrance or exit door of the licensed establishment.
5800.4 The owner of a licensed establishment shall remove from the establishment any
sign that does not conform to this section.
Section 5801, PROHIBITED STATEMENTS, is amended as follows:
A new Subsection 5801.4 is added to read as follows:
5801.4 No licensed or unlicensed cannabis business shall represent that goods or services
provided by the business or that the business itself is compliant with the
Legalization of Possession of Minimal Amounts of Marijuana for Personal Use
Initiative of 2014, effective February 26, 2015 (D.C. Law 20- 153; D.C. Official
Code passim).
Government of the District of Columbia
Office of the Chief Financial Officer
Glen Lee
Chief Financial Officer
1350 Pennsylvania Avenue, NW, Suite 203, Washington, DC 20004 (202)727 -2476
www.cfo.dc.gov
MEMORANDUM
TO: The Honorable Phil Mendelson
Chairman, Council of the District of Columbia
FROM: Glen Lee
Chief Financial Officer
DATE: August 13, 2025
SUBJECT: Fiscal Impact Statement – Medical Cannabis Signs and Advertising
Rulemaking Approval Resolution of 2025
REFERENCE: Draft Resolution as provided to the Office of Revenue Analysis on
August 4, 2025
Conclusion
Funds are sufficient in the proposed revised fiscal year 202 5 budget and the proposed fiscal year
2026 through fiscal year 2029 budget and financial plan to implement the resolution.
Background
The resolution approves rulemaking by the Alcoholic Beverage and Cannabis Board (ABCA) to amend
rulemaking on advertisements for licensed and unlicensed medical cannabis establishments.
Specifically, the rulemaking clarifies how medical cannabis facilities may post signage and advertise,
avoiding public nuisances, and preventing false and misleading advertising regarding the legal status
of cannabis and medical cannabis offered to the public. It prohibits both licensed and unlicensed
establishments offering cannabis and medical cannabis from representing that goods, services, or
establishments are compliant with the Legalization of Possession of Minimal Amounts of Marijuana
for Personal Use Initiative of 20141.
Financial Plan Impact
Funds are sufficient in the proposed revised fiscal year 2025 budget and proposed fiscal year 2026
through fiscal year 2029 budget and financial plan to implement the resolution. ABCA can enforce
the proposed rules within its current resources.
1 Effective February 26, 2015 (D.C. Law 20-153; 62 DCR 3599).
1350 Pennsylvania Avenue, N.W., Suite 409, Washington, D.C. 20004 Phone (202) 724-5524 Email: megan.browder@dc.gov
GOVERNMENT OF THE DISTRICT OF COLUMBIA
OFFICE OF THE ATTORNEY GENERAL
BRIAN L. SCHWALB
ATTORNEY GENERAL
LEGAL COUNSEL DIVISION
ME
MORANDUM
TO: M
artha Jenkins
General Counsel
Alcoholic Beverage and Cannabis Administration
FROM: Megan D. Browder
Deputy Attorney General
Legal Counsel Division
DATE: May 20, 2024
SUBJECT: Legal Sufficiency Review – Medical Cannabis Signs Second Emergency and Proposed
Rulemaking
(AR-24-250)
_____________________________________________________________________________________
The Alcoholic Beverage and Cannabis Administration (“ABCA”) is responsible for regulating the District’s
medical cannabis program, which includes regulating the businesses that supply medical cannabis. 1
ABCA’s responsibilities also include implementing advertisement restrictions against businesses that are
impermissibly selling medical cannabis without a license, referred to in the law as “unlicensed
establishments.”2 These emergency and proposed rules, incorporating comments from our Office on a
previous rulemaking, are designed to regulate advertisements by licensed and unlicensed establishments in
a manner that is clear and narrowly tailored to avoid potential First Amendment concerns.
This rulemaking is legally sufficient, so I have signed the attached transmittal form, which approves the
attached text. If you have any questions regarding this memorandum, please contact Joshua Turner,
Assistant Attorney General, Legal Counsel Division, at (202) 442-9834, or me at (202) 724-5524.
MDB/j
at
1 See, e.g., D.C. Official Code §§ 25-204.04 (granting ABCA responsibility over the medical cannabis program) and 7-
1671.05(b)(2) (medical cannabis businesses must register with ABCA); Mayor’s Order 2020-99, dated Sept. 30, 2020
(delegating the Mayor’s rulemaking power over the program to ABCA).
2 See D.C. Official Code § 7-1671.06b(e).
1350 Pennsylvania Avenue, N.W., Suite 409, Washington, D.C. 20004
Phone (202) 262-6402 Email: adele.el-khouri@dc.gov
GOVERNMENT OF THE DISTRICT OF COLUMBIA
OFFICE OF THE ATTORNEY GENERAL
BRIAN L. SCHWALB
ATTORNEY GENERAL
LEGAL COUNSEL DIVISION
MEMORANDUM
TO: Jonathan Berman
Assistant General Counsel
Alcoholic Beverage and Cannabis Administration
FROM: Adele El-Khouri
Deputy Attorney General
Legal Counsel Division
DATE: May 15, 2025
SUBJECT: Legal Sufficiency Review of Medical Cannabis Signs Third Emergency Rulemaking
(AR-24-250 C)
_____________________________________________________________________________________
This memorandum responds to your request that t he Office of the Attorney General conduct a legal
sufficiency review of the above-referenced rulemaking.
This rulemaking, like similar rulemakings we have reviewed, regulates signage for medical cannabis
businesses. Although this rulemaking has been superseded by a fourth emergency, a formal legal
sufficiency certification is necessary so that the rulemaking can be published in the D.C. Register.
The rulemaking is legally sufficient. I have attached a rulemaking transmittal form for your use. In keeping
with the District of Columbia Administrative Procedure Act, you should publish the rulemaking in the D.C.
Register as quickly as possible. If you have any questions regarding this memorandum, please contact
Joshua A. Turner, Assistant Attorney General, Legal Counsel Division, at (202) 442-9834, or me at (202)
262-6402.
AME/jat