D.C. Regulators Propose New Rules Restricting Non-Cannabis Sales at Medical Cannabis Retailers

The Alcoholic Beverage and Cannabis Board (ABCA) has announced proposed rule changes that would significantly limit what non-cannabis products medical marijuana retailers can sell or serve in the District of Columbia.

The proposal, adopted unanimously by the Board, attempts to clarify long-standing ambiguities surrounding non-cannabis retail activity while addressing concerns about youth access and community impact.

The new rules would prohibit marijuana dispensaries and internet retailers from selling or serving alcohol, tobacco, nicotine products, or non-cannabis vape items. Food and beverage sales would also face new restrictions: only prepackaged, non-alcoholic, and non-cannabis-infused items could be sold for off-premises consumption. Retailers operating approved safe-use or summer garden facilities would be allowed to provide prepared, non-infused food and non-alcoholic beverages for on-site use.

The ABCA’s proposal also adds new rules for safe-use and summer garden areas, stating that any food or drink must be non-cannabis infused and non-alcoholic, and can only be brought in by the customer or delivered by a third party. Alcohol or tobacco consumption would be explicitly banned in these spaces to prevent the development of nightlife-style venues or activities near dispensaries.

The proposal further restricts access by minors. Under the amended Section 5707.4, individuals under 18 would be prohibited from entering dispensaries unless they are qualifying patients accompanied by a parent or guardian.

Medical marijuana retailers could still sell branded merchandise and accessories to customers 18 and older, as well as provide promotional items. However, advertisements for non-cannabis goods would not be allowed to face the exterior of the business, and such items could not be visible from public space.

The ABCA says the changes are intended to ensure public safety and compliance within the expanding medical cannabis sector. Written public comments will be accepted for 30 days following publication in the District of Columbia Register.

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