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B 26-0760

Medical Cannabis Licensing and Unlicensed Establishment Enforcement Clarification Temporary Amendment Act of 2026

26th Council Period (2025-2026) Introduced by Phil Mendelson

The bill tightens enforcement on unlicensed cannabis and Schedule I sales, extends medical licenses to 3 years, and allows rapid closures to protect public health and safety.

Retained by the Council
0
WeVote Research Nonpartisan
Bill Summary · B 26-0760

Purpose and intent

  • Establishes a temporary amendment to clarify and expand enforcement related to medical cannabis and unlicensed establishments in the District of Columbia.
  • Aims to address unlicensed sales of cannabis and Schedule I substances, extend conditional licenses, refine licensing conditions, and strengthen enforcement tools (including summary closures and padlocking) to protect public health and safety.

Key provisions and changes

  • Definitions and scope

    • Adds or clarifies definitions:
    • “Cannabis product” includes products derived from or composed of cannabis.
    • “Schedule I substance” aligns with District of Columbia Uniform Controlled Substances Act.
    • “Unlicensed establishment” includes entities selling/supplying cannabis or Schedule I substances that operate without ABCA licensing (cultivation centers, retailers, internet retailers, manufacturers, couriers, or testing laboratories) and those selling Schedule I substances or products containing Schedule I substances from a fixed location.

  • Conditional licenses

    • Extends the duration of conditional licenses for medical cannabis activities (cultivation centers, retailers, internet retailers, manufacturers, couriers, testing laboratories) from 2 years up to 3 years.
    • Extends the license term so that holders may operate until the end of the current conditional term.
    • Allows a zoning certificate to be submitted in place of a certificate of occupancy as part of a permanent license application.
    • Automatic conversion: a one-year conditional license in effect as of Dec 17, 2024 that converted to a 2-year term would automatically convert to a 3-year term, expiring 2 years after the original expiration, at no extra cost and without new ABC Board approval.

  • Location and proximity requirements

    • Retails and internet retailers: prohibitions on locating within residential districts or within 400 feet of a preschool, primary or secondary school, or recreation center.
    • A limited exception (300 feet) applies to unlicensed establishments or applicants that applied during a 90-day open application period, under certain zoning conditions where the main entrance is on commercial/industrial land.

  • Enforcement actions against unlicensed establishments

    • Beginning April 1, 2025, unlicensed establishments may be summarily closed and padlocked if an inspection finds imminent public health/safety danger.
    • Prior to April 1, 2025, enforcement can occur against unlicensed establishments with applied licensing if they sell Schedule I substances or products containing Schedule I substances.
    • Allows summary closure and related enforcement actions to continue as long as the imminent danger persists and is likely to recur.

  • Expanded enforcement authority for Schedule I substances

    • It becomes a violation to sell, exchange, or deliver Schedule I substances or products containing Schedule I substances by either licensed or unlicensed establishments.
    • The ABC Board may continue summary closures and seizure of Schedule I substances even if the immediate danger is abated if it determines a likely recurrence.

  • Summary closures and due process

    • New provisions for immediate closure decisions by ABCA/MPD with a defined hearing process:
    • Written notice to owner and property owner provided for summary closures.
    • Eligible owners have 5 business days to request a hearing; hearing held within 5 business days; decision issued within 5 business days after the hearing or within 10 days if no hearing is requested.
    • The Board may continue closure and seizure if imminent danger persists or is likely to recur.

  • Signage and testing

    • Agencies may post site signage indicating violations.
    • ABCA/MPD investigators may test THC levels and, with probable cause, test for Schedule I substances at both licensed and unlicensed establishments.

Who and what would be affected

  • Medical cannabis licensees (cultivation centers, retailers, internet retailers, manufacturers, couriers, testing laboratories) via extended conditional licenses and occupancy/certification requirements.
  • Unlicensed establishments selling cannabis or Schedule I substances, facing enhanced enforcement, potential summary closures, padlocking, and seizures.
  • Neighborhoods near schools and recreation centers due to tightened proximity rules, with limited transitional allowances for certain applicants.
  • ABCA (Alcoholic Beverage and Cannabis Administration) and MPD (Metropolitan Police Department) with expanded enforcement powers and expedited closure procedures.

Procedural and timeline aspects

  • Trigger dates:
    • Enforcement against unlicensed establishments begins April 1, 2025; prior enforcement possible where applicable for Schedule I sales.
  • Temporary duration:
    • Act is a temporary amendment expiring 225 days after taking effect.
  • Licenses:
    • Conditional licenses extended to up to 3 years; conversions occur automatically for applicable licenses without additional ABC Board approval.
  • Application process:
    • Allows submission of a zoning certificate in lieu of a certificate of occupancy for permanent license applications.
    • Maintains a special 90-calendar day open application window for certain unlicensed entities to qualify for proximity exceptions.

Fiscal impact

  • The bill adopts the Budget Director’s fiscal impact statement (as required). No independent figures are provided here; the impact statement would reflect anticipated administrative costs and enforcement-related expenditures.

Note: This summary reflects the bill text as introduced and amended in the Council of the District of Columbia.

Compiled from official sources — confirm details with the bill’s official record.

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