D.C. Act 26-38. Unlicensed Establishment Enforcement Clarification Emergency Amendment Act of 2025.
AN ACT
To amend, on an emergency basis, the Legalization of Marijuana for Medical Treatment Initiative of 1999 to amend the definition of an unlicensed establishment to include establishments that sell Schedule I substances or products that contain Schedule I substances, to authorize enforcement actions to be taken against all unlicensed establishments beginning on April 1, 2025, regardless of whether the unlicensed establishments have an application pending before the Alcoholic Beverage and Control Board , to authorize certain enforcement actions before April 1, 2025, against an unlicensed establishment that has an application pending before the Alcoholic Beverage and Control Board if the unlicensed establishment sells a Schedule I substance or a product that contains a Schedule I substance, to authorize summary closures and related enforcement actions to continue for as long as the imminent danger to the public persists and is likely to recur, and to allow the Alcoholic Beverage and Cannabis Administration and Metropolitan Police Department to take related enforcement actions against a licensed medical cannabis establishment that engages in certain unlawful activity.
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Unlicensed Establishment Enforcement Clarification Emergency Amendment Act of 2025".
Sec. 2. The Legalization of Marijuana for Medical Treatment Initiative of 1999, effective July 27, 2010 (D.C. Law 18-210; D.C. Official Code § 7-1671.01 et seq.), is amended as follows:
(a) Section 2 (D.C. Official Code § 7-1671.01) is amended as follows:
(1) A new paragraph (20B-i) is added to read as follows:
"(20B-i) "Schedule I substance" means a controlled substance listed in
(2) Paragraph (22) is amended to read as follows:
"(22) "Unlicensed establishment" means:
"(A) A sole proprietorship, partnership, or other business entity that:
"(i) Sells, exchanges as part of a commercial transaction, or delivers cannabis and cannabis products;
"(ii) Operates at or delivers from a specific location in the District; and
"(iii) Is not licensed by ABCA as a cultivation center, retailer, internet retailer, manufacturer, courier, or testing laboratory; or
"(B) For purposes of
"(i) Sells, exchanges as part of a commercial transaction, or delivers Schedule I substances or products that contain Schedule I substances; and
"(ii) Operates at or delivers from a specific location in the District.".
(b) Section 7b (D.C. Official Code § 7-1671.06b) is amended by adding a new subsection (a-1) to read as follows:
"(a-1) Notwithstanding any other provision of this section, an unlicensed establishment may be summarily closed and padlocked pursuant to
(c) Section 9 (D.C. Official Code § 7-1671.08) is amended as follows:
(1) A new subsection (c-1) is added to read as follows:
"(c-1) It shall be a violation of
(2) Subsection (b) is amended by redesignating the second paragraph (1) as paragraph (2).
(3) Subsection (g) is amended as follows:
(A) Paragraph (1) is amended as follows:
(i) Strike the phrase "this title" and insert the phrase "this act" in its place.
(ii) Strike the phrase "cannabis products" and insert the phrase "cannabis products, Schedule I substances, or products that contain Schedule I substances" in its place.
(B) A new paragraph (6) is added to read as follows:
"(6) The ABC Board may continue the summary closure, padlocking of the premises, and seizure of cannabis, cannabis products, Schedule I substances, and products containing Schedule I substances until the imminent danger that triggered the summary closure is abated. Even if the imminent danger that triggered the summary closure is abated, the ABC Board may continue the summary closure, order of padlocking, and seizure of cannabis, cannabis products, Schedule I substances, and products containing Schedule I substances, if the ABC Board determines, in its reasonable judgment, the imminent danger is likely to recur.".
(4) A new subsection (g-1) is added to read as follows:
"(g-1)(1) The ABC Board may summarily close and order the padlocking, by ABCA or MPD without a prior hearing, of a licensed establishment, and ABCA or MPD may seize all cannabis, cannabis products, Schedule I substances, and products containing Schedule I substances found at the premises, if, after an inspection, ABCA determines that the licensed establishment presents an imminent danger to the health and safety of the public for the reasons set forth in subsection (g)(2)(C) through (G) of this section.
"(2) ABCA shall provide the licensed establishment's owner and the property owner with written notice of the summary closure and the right to request a hearing.
"(3) The owner of the licensed establishment shall have 5 business days after service of the notice of summary closure to request a hearing with the ABC Board, which shall hold a hearing within 5 business days of a timely request.
"(4) The ABC Board shall issue a written decision within 5 business days after the hearing, or if no hearing is requested, within 10 business days after the service of the notice.".
"(5) The ABC Board may continue the summary closure, padlocking of the premises, and seizure of cannabis, cannabis products, Schedule I substances, and products containing Schedule I substances until the imminent danger that triggered the summary closure is abated. Even if the imminent danger that triggered the summary closure is abated, the ABC Board may continue the summary closure, order of padlocking, and seizure of cannabis, cannabis products, Schedule I substances, and products containing Schedule I substances, if the ABC Board determines, in its reasonable judgment, the imminent danger is likely to recur.".
(5) Subsection (h) is amended as follows:
(A) Paragraph (1) is amended to read as follows:
"(h)(1) ABCA or the Metropolitan Police Department may post signage at the site of the unlicensed establishment or licensed establishment indicating that activity that violates
(B) Paragraph (2) is amended by striking the phrase "unlicensed establishment" and inserting the phrase "unlicensed establishment or licensed establishment" in its place.
(6) Subsection (i)(1) is amended to read as follows:
"(i)(1) An ABCA investigator may test cannabis and cannabis products found at a licensed establishment or unlicensed establishment to quantify their THC content and may test other substances and products found at a licensed establishment or unlicensed establishment for the presence and quantity of a Schedule I substance.".
Sec. 4. Fiscal impact statement.
The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact statement required by section 4a of the General Legislative Procedures Act of 1975, approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).
Sec. 5. Effective date.
This act shall take effect following approval by the Mayor (or in the event of veto by the Mayor, action by the Council to override the veto), and shall remain in effect for no longer than 90 days, as provided for emergency acts of the Council of the District of Columbia in section 412(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 788; D.C. Official Code § 1-204.12(a)).
