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MURIEL BOWSER
MAYOR
March 11, 2026
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 Qualifying Patient Application Rulemaking Approval
Resolution of 2026".
The proposed resolution would approve a proposed final rulemaking, adopted by the Alcoholic Beverage
and Cannabis Board on July 16, 2025, to amend Chapter 5 (Qualifying Patents) and Chapter 7
(Registration Cards) of Subtitle C (Medical Marijuana) of Title 22 (Health) of the District of Columbia
Municipal Regulations ..
The rulemaking extends the period of time that a temporary medical cannabis patient identification card
remains valid from thirty to ninety days. Further, the rulemaking eliminates the requirement that a
qualifying patient submit a passport-style photograph with their application for a medical cannabis patient
identification card.
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 Ma yor
A PROPOSED RESOLUTION
IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
To approve proposed final rules amending Chapters 5 and 7 of Subtitle C of Title 22 of
the District of Columbia Municipal Regulations, extending the validity of
temporary medical cannabis patient identification cards and eliminating the
requirement that qualifying patients submit a photograph with their application for
a medical cannabis patient identification card.
RESOLVED , BY THE COUNCIL OF THE DISTRICT OF COLUMBIA , That
this resolution may be cited as the "Medical Cannabis Qualifying Patient Application
Approval Resolution of 2026".
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 approves the proposed final rulemaking of the
Alcoholic Beverage and Cannabis Board to amend Chapter 5 (Qualifying Patents) and
Chapter 7 (Registration Cards) of Subtitle C (Medical Marijuana) of Title 22 (Health) of
the District of Columbia Municipal Regulations to extend the validity of temporary
medical cannabis patient identification cards and eliminate the requirement that
qualifying patients submit a photograph with their application for a medical cannabis
patient identification card, which was transmitted by the Mayor to the Council on
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XXXXX YY, 2026, and a notice of proposed rulemaking for which was published in the 34
District of Columbia Register on November 21, 2025, at 72 DCR 13013. 35
Sec. 3. Transmittal. 36
The Council shall transmit a copy of this resolution, upon its adoption, to the 37
Mayor, the Chairperson of the Alcoholic Beverage and Cannabis Board, and the 38
Administrator of the Office of Documents and Administrative Issuances. 39
Sec. 4. Fiscal impact statement. 40
The Council adopts the fiscal impact statement in the committee report as the 41
fiscal impact statement required by section 4a of the General Legislative Procedures Act 42
of 1975, approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 43
Sec. 5. Effective date. 44
This resolution shall take effect immediately. 45
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 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 the adoption of the following amendments to Chapter 5 (Qualifying Patents) and
Chapter 7 (Registration Cards) of Subtitle C (Medical Marijuana) of Title 22 (Health) of the
District of Columbia Municipal Regulations (“DCMR”).
22-C DCMR § 700.2 authorizes the Board to issue medical cannabis registration identification
cards to qualifying patients and caregivers. Upon receipt of an application for a registration
identification card and prior to its issuance by the Board, the Board issues an applicant a temporary
registration card that, pursuant to § 700.2, operates for 30 days. A temporary registration card
authorizes patients to purchase medical cannabis pending the issuance of a permanent card by the
Alcoholic Beverage and Cannabis Administration (“ABCA”).
In 2025, the number of medical cannabis patient registration card applications received by ABCA
increased significantly, from 2,130 in July 2024 to 6,699 in December 2025. Due to the influx in
applications, ABCA has been unable to complete the review of medical cannabis patient
applications and issue a permanent registration identification card within the 30-day window prior
to the expiration of patients’ temporary registration identification cards, putting some medical
cannabis patients at risk of losing legal access to medical cannabis product. The Board is concerned
that when a patient’s temporary registration identification card expires prior to ABCA’s issuance
of a permanent registration identification card, the patient may resort to purchasing untested and
unregulated cannabis from the illegal market. To provide ABCA sufficient time to process medical
cannabis patient applications and prevent any gap in patients’ ability to access medical cannabis
from authorized retailers, the Board is adopting these rules, which will extend the period of
operation of temporary registration identification cards from 30 calendar days to 90 calendar days.
The Board also adopts changes to the requirement at 22-C DCMR § 502.1(b) that applicants
provide ABCA with a photograph of the applicant’s face to obtain a registration identification card
or temporary registration identification card. Under the current regulations, an applicant for a
registration identification card must submit a passport-style photograph with their application. The
Board has determined that the submission of a photograph is duplicative of the requirement that
applicants submit a photocopy of a valid government-issued photo ID with their application, while
imposing on applicants the burden of the time and cost to take and print a passport -style
photograph; some patients also report reluctance to register with the District’s medical cannabis
program because of privacy concerns, where the application requires submission of the applicant’s
photograph. As a whole, the time, cost, and privacy concerns encourage qualified patients to
purchase cannabis from illegal markets, which encourages criminal conduct, threatens the financial
stability of licensed medical cannabis bus inesses, and results in the distribution of potentially
unsafe and unregulated products. As a result, the Board proposes eliminating the requirement at
§ 502.1(b) that applicants submit a photograph with their application. The Board also adopted
changes to conform with the statutory requirement that the agency create a self -certification
process and register all qualifying patients pursuant to D.C. Official Code § 7-1671.05(b)(1)(A)
and (3).
On July 16, 2025, the Board, in a 5 to 0 vote, adopted a Notice of Emergency and Proposed
Rulemaking, which was published in the District of Columbia Register on November 21, 2025 at 72
DCR 13013.1 The Board did not receive any public comment regarding the rulemaking.
On January 7, 2026, the Board voted to submit 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 July 27, 2010 (D.C. Law 18-210; D.C. Official Code § 7-
1671.13(b)). Thereafter, on MONTH DAY, 2025, i n accordance with D.C. Official Code § 7-
1671.13(b), the Mayor transmitted the proposed final rules to the Council for its review and
approval pursuant to the Medical Cannabis Qualifying Patient Application Rulemaking Approval
Resolution of 2026 (PR 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, 2026. / The Council voted to approve the Medical Cannabis Qualifying Patient
Application Rulemaking Approval Resolution of 2025 (PR 26-XXX) on MONTH DAY, 2025.]
As such, the rules became ripe for the Board to take final action. Therefore, on [DATE], the Board
voted 5 to 0 to adopt the rules as final. The text of the final rules adopted by the Board is identical
to the text of the proposed rules.
These final rules shall become effective upon the date of publication of this notice in the District
of Columbia Register.
The 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 5, QUALIFYING PATIENTS, is amended as follows:
1 On November 5, 2025, in a 5 to 0 vote, the Board adopted a Notice of Second Emergency
Rulemaking to maintain the emergency rules in place while the Board received and review ed
public comment on the proposed rules and worked toward a final rulemaking . The Notice of
Second Emergency Rulemaking was published in the District of Columbia Register on XXXXX
XX, 2026, at 73 DCR XXXX.
Section 502, QUALIFYING PATIENTS APPLICATION, is amended as follows:
Subsection 502.1 is amended to read as follows:
502.1 To apply for a patient registration identification card, an applicant shall submit a
completed application to the Board on the required forms, which shall include:
(a) The applicant’s full legal name and date of birth;
(b) One (1) clear photocopy of a U.S., state, or District government -issued
photo ID, such as a driver license, as proof of identity;
(c) Proof of District resid ency, including the applicant’s District of Columbia
residential address which shall not be a post office box number;
(d) Designation of the individual who will serve as the applicant’s caregiver, if
applicable;
(e) Either a signed and dated authorized practitioner’s recommendation for the
use of medical cannabis meeting the requirements of this chapter, that is
dated not more than two (2) years prior to the application date, or a signed
ABCA self-certification form; and
(f) Payment of the required application fee.
CHAPTER 7, REGISTRATION CARDS, is amended as follows:
Section 700, ISSUANCE OF REGISTRATION CARDS, is amended as follows:
Subsection 700.2 is amended to read as follows:
700.2 A registration identification card issued pursuant to this chapter shall expire two (2)
years after the date of issuance and may be renewed in accordance with the renewal
provisions under this chapter. Upon receipt of a complete application, ABCA shall
issue the applicant a temporary patient registration card that shall be valid for ninety
(90) days. Temporary patient registration cards issued on or after April 18, 2025,
and prior to July 17, 2025, shall be valid for ninety (90) days after the date of
issuance, regardless of the expiration date printed on the temporary patient
registration card.
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GOVERNMENT OF THE DISTRICT OF COLUMBIA
OFFICE OF THE ATTORNEY GENERAL
BRIAN L. SCHWALB
ATTORNEY GENERAL
LEGAL COUNSEL DIVISION
M
EMORANDUM
T
O: Jonathan Berman
Interim General Counsel
Alcoholic Beverage and Cannabis Administration
FROM: Adele El-Khouri
Deputy Attorney General
Legal Counsel Division
DATE: September 8, 2025
SUBJECT: Legal Sufficiency Review of 90-Day Medical Cannabis Resident Card Emergency
Rulemaking
(AR-25-320)
_____________________________________________________________________________________
T
his memorandum responds to your request that t he Office of the Attorney General conduct a legal
sufficiency review of the above-referenced rulemaking, which the Alcoholic Beverage and Cannabis Board
adopted on July 16, 2025.
T
hese rules involve temporary medical cannabis ID cards for District residents. Under the Legalization of
Marijuana for Medical Treatment Initiative of 1999 (“Act”),1 a District resident cannot acquire and use
medical cannabis unless the person is a “qualifying patient” and registers with the Alcoholic Beverage and
Cannabis Administration (“ABCA”).2 Current rules allow ABCA to issue an applicant a 30-day temporary
ID card ahead of the permanent version; this rulemaking provides for a 90- day card. As the Preamble —
which incorporates revisions we recommended and you approved 3—makes clear, this card does not
automatically expire after 90 days; it remains good for the full term unless revoked, in keeping with the
Act’s requirement that resident medical cannabis ID cards be valid for at least one year.4 The rulemaking
also removes what the agency views as a duplicative identification requirement and conforms existing
1 Effective July 27, 2010 (D.C. Law 18-210; D.C. Official Code § 7-1671.01 et seq.).
2 See D.C. Official Code § 7-1671.02(c).
3 We did not recommend any revisions to the rulemaking’s operative language. With the understanding that the temporary card
would not automatically expire, we had no legal concerns with the rule’s operative language, and in any event, it could not be
revised without a superseding rulemaking. See id. § 2-505.
4 See id. § 7-1671.05(b)(5)(C). This is in contrast with non-resident temporary IDs, which may be “valid for periods
established by the ABC Board by rulemaking, which are between 3 days and no longer than one year in length.” Id. § 7-
1671.05(b)(4)(A).
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regulatory language to the Act by noting that a resident applicant over 21 may present a self -certification
in place of a physician’s recommendation.5
The rulemaking, which incorporates changes we recommended and you approved, is legally sufficient . I
have attached a signed 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
5 See D.C. Official Code § 7-1671.02(c)(1)(A) (allowing a qualifying patient to self-certify that they are “utilizing cannabis for
medical purposes”); see 22-C DCMR § 505, available at
https://abca.dc.gov/sites/default/files/dc/sites/abra/publication/attachments/MC%20Tech%208th%20Rulemaking_updated0714
25.pdf (outlining requirements for self-certification).