Three companion measures filed with the D.C. Council would extend conditional medical marijuana licenses for another year while expanding enforcement authority over licensed and unlicensed establishments that sell prohibited substances.
The measures were introduced by Council Chairman Phil Mendelson (D) and retained by the Council on Tuesday. B26-0759 is an emergency bill, B26-0760 is a temporary version of the same legislation and PR26-0779 is a resolution declaring that emergency circumstances justify immediate action.
Under the proposals, conditional licenses for medical marijuana cultivation centers, retailers, internet retailers, manufacturers, couriers and testing laboratories could remain valid for up to three years rather than two. Certain one-year licenses that previously converted into two-year licenses would automatically become three-year licenses at no additional cost and without further approval from the Alcoholic Beverage and Cannabis Board.
Conditional license holders would also be allowed to submit a zoning certificate rather than a certificate of occupancy when applying for a permanent license.
The legislation would clarify that most medical marijuana retailers and internet retailers cannot operate in residential districts or within 400 feet of a preschool, school or recreation center. Applicants who filed before Dec. 17, 2024, would remain subject to a 300-foot requirement.
A limited exception would allow certain previously unlicensed businesses that applied during the District’s designated 90-day application period to locate within 300 feet of a school or recreation center when its main entrance is on commercially or industrially zoned land.
The measures would also broaden the definition of an unlicensed establishment for enforcement purposes to include businesses selling, commercially exchanging or delivering Schedule I substances or products containing Schedule I substances.
It would be a violation for either a licensed or unlicensed establishment to sell or deliver those substances, including an unlicensed business with an application pending before the board.
The Alcoholic Beverage and Cannabis Administration and Metropolitan Police Department would be authorized to summarily close and padlock licensed establishments without a prior hearing when regulators determine that the business presents an imminent danger to public health or safety. Marijuana, marijuana products, Schedule I substances and products containing those substances could also be seized.
An affected business would have five business days to request a hearing, which the board would be required to hold within five business days. Closures and seizures could continue after the original danger is addressed if the board determines that it is likely to recur.
The emergency bill would remain in effect for up to 90 days. The temporary bill would take effect following mayoral approval, a 30-day congressional review period and publication in the D.C. Register, and would expire after 225 days.
The emergency declaration says action is necessary because several previous temporary laws have expired or are scheduled to expire while the Council is in recess. A temporary law extending conditional medical marijuana licenses is set to expire Aug. 13, while a separate law clarifying location requirements is scheduled to expire July 24.
The resolution says the Committee of the Whole intends to advance permanent legislation containing the provisions this fall.
