§ 7–1671.12e. Nuisance.

*NOTE: This section was created by emergency legislation that will expire on February 11, 2025.*

(a) Any unlicensed establishment where cannabis is sold, exchanged as part of a commercial transaction, delivered, or permitted to be consumed shall be a nuisance, except any unlicensed establishment of an applicant that filed an accepted and pending application with the ABC Board during the 90-day open application period.

(b) An action to enjoin any nuisance defined in subsection (a) of this section may be brought in the name of the District of Columbia by the Attorney General for the District of Columbia in the Civil Branch of the Superior Court of the District of Columbia against the owner or operator of the unlicensed establishment or any person conducting or maintaining such nuisance or any person who knows or should have known that such nuisance is being conducted or maintained.

(c)(1) Upon the filing of a complaint to abate the nuisance, the Court shall hold a hearing on a motion for a preliminary injunction within 14 days of the filing of such action.

(2) If it appears, by affidavit or otherwise, that there is a substantial likelihood that the District of Columbia will be able to prove at trial that the building, ground, or premises of the unlicensed establishment is a nuisance, the court may enter an order preliminarily:

(A) Enjoining the nuisance;

(B) Prohibiting the use of the unlicensed establishment for the purpose of selling cannabis, exchanging cannabis as part of a commercial transaction, delivering cannabis, or permitting cannabis to be consumed until such time as the establishment obtains a license; and

(3) The District of Columbia need not prove irreparable harm to obtain a preliminary injunction.

(4) Where appropriate, the Court may order a trial of the action on the merits to be advanced and consolidated with the hearing on the motion for preliminary injunction.

(5) This section shall not be construed to prohibit the application for or the granting of a temporary restraining order, or other equitable relief otherwise provided by law.

(d)(1) Within 14 days of the issuance of any preliminary injunction, the Court shall hold a full hearing on the merits of the nuisance action.

(2) If the Court does not issue a preliminary injunction, the Court shall expeditiously schedule a full hearing. If it is determined by a preponderance of the evidence that the unlicensed establishment is a nuisance, the Court shall issue a final order that mandates closure and sealing of the establishment within 72 hours and continued closure until such time as the establishment obtains a license.

(3) The Court may order other appropriate relief, including issuing an order enjoining the nuisance and prohibiting the use of the unlicensed establishment for the purpose of:

(A) Selling cannabis;

(B) Exchanging cannabis as part of a commercial transaction;

(D) Permitting cannabis to be consumed until such time as the establishment obtains a license.

(4)(A) Execution by the Metropolitan Police Department of any final order to close and seal the establishment shall occur within 7 days of the issuance of the final order.

(B) Notwithstanding subparagraph (A) of this paragraph, if the Metropolitan Police Department has not executed the final order within 5 days of issuance of the final order, the final order shall continue to be executable and valid.