§ 25–204.02. Medical marijuana program; transfer of functions of the Department of Health.

(a) The Board and ABCA shall be responsible for carrying out the responsibilities assigned to them by [Chapter 16B of Title 7] ("Medical Marijuana Act"), and for any responsibilities of the Mayor under the Medical Marijuana Act that the Mayor delegates to the Board or ABCA.

(b)(1) Except as provided in paragraph (2) of this subsection, all personal property, assets, records, including both electronic and physical files, licensing agreements, and contracts, equipment, computer software, obligations, and unexpended balances of appropriations, allocations, assets, and liabilities, and other funds available or to be made available relating to the powers, duties, functions, operations, and administration by the Department of Health of the medical marijuana program pursuant to [Chapter 16B of Title 7], as of September 30, 2020, are transferred to ABCA.

(2) This subsection shall not apply to the personal property, assets, records, including both electronic and physical files, licensing agreements, and contracts, equipment, computer software, obligations, and unexpended balances of appropriations, allocations, assets, and liabilities, and other funds available or to be made available relating to the powers, duties, functions, operations, and administration by the Department of Health of the medical marijuana program that are within the purview of the Board of Medicine, Board of Nursing, or Board of Dentistry.

(c) All rules, orders, obligations, determinations, contracts, agreements, and understandings of the Department of Health pertaining to the medical marijuana program shall remain in effect until such time as they may be lawfully amended, modified, or repealed.

(d) ABCA shall coordinate with the Department of Health regarding the transition of the administration of the medical marijuana program to ABCA.

(e)(1) The directors of ABCA and the Department of Health shall jointly determine which personnel, if any, of the Department of Health associated with the administration of the medical marijuana program shall be transferred from the Department of Health to ABCA.

(2) Personnel who are transferred to ABCA pursuant to this subsection shall be subject to the ABCA Director's personnel authority, pursuant to [§ 1-604.06(b)(21)], including as it relates to employment classifications and pay scales.