D.C. Law 25-193. Medical Cannabis Patient Card Extension and 4/20 Medical Cannabis Sales Tax Holiday Week Temporary Amendment Act of 2024.

AN ACT

To amend, on a temporary basis, the Legalization of Marijuana for Medical Treatment Initiative of 1999 to set a new expiration date for qualifying patient and caregiver registration identification cards from 2 years to 6 years, require the surrender of a registration card and notification of any registered caregiver when a person no longer requires medical cannabis, and authorize the Alcoholic Beverage and Cannabis Administration to summarily close an unlicensed retailer; and to amend Title 47 of the District of Columbia Official Code to establish the 4/20 Medical Cannabis Sales Tax Holiday Week for 2024.

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Medical Cannabis Patient Card Extension and 4/20 Medical Cannabis Sales Tax Holiday Week Temporary Amendment Act of 2024".

Sec. 2. The Legalization of Marijuana for Medical Treatment Initiative of 1999, effective February 25, 2010 (D.C. Law 13-315; D.C. Official Code § 7-1671.01 et seq.), is amended as follows:

(a) Section 5 (D.C. Official Code § 7-1671.04) is amended by adding a new subsection (e) to read as follows:

"(e)(1) Within 14 calendar days of receiving a notice as described in paragraph (2) of this subsection, a qualifying patient shall:

"(A) Surrender his or her registration card to the Board; and

"(B) Notify his or her registered caregiver, if applicable, of the change described in the notice.

"(2) For the purposes of this subsection, "notice" means:

"(A) An authorized practitioner declaring that:

"(i) The qualifying patient no longer suffers from a qualifying medical or dental condition; or

"(ii) The authorized practitioner no longer recommends use of medical cannabis for a qualifying medical or dental treatment for the qualifying patient; or

"(B) A qualifying patient notifying ABCA that they no longer need cannabis for the treatment of a qualifying medical or dental condition or for a qualifying medical or dental treatment.".

(b) Section 6(b)(5) (D.C. Official Code § 7-1671.05(b)(5)) is amended as follows:

(1) Subparagraph (A) is amended to read as follows:

"(A) With respect to registration identification cards issued to persons and entities registered pursuant to paragraph (1)(A) of this subsection, such cards expire every 6 years;".

(2) Subparagraph (C) is amended to read as follows:

"(C) The ABC Board may, by rule, establish license and registration periods and fees under the section that are valid for one year, 2 years, or 3 years, except for registration identification cards for qualifying patients and caregivers registered pursuant to paragraph (1)(A) of this subsection, and temporary non-resident registration identification cards that are valid for periods established by the ABC Board by rulemaking, which shall be between 3 days and no longer than one year in length.".

(c) Section 9 (D.C. Official Code § 7-1671.08) is amended by adding a new subsection (g) to read as follows:

"(g)(1) Notwithstanding sections 7(b) and 9(f), ABCA shall have the authority to investigate an unlicensed retailer. If, after an investigation, ABCA determines that an unlicensed retailer has failed to comply with the provisions of this act, ABCA shall have the authority to summarily close the unlicensed retailer and seize any cannabis products inside the establishment.

"(2) ABCA shall provide the unlicensed retailer owner and the property owner with written notice of the summary closure and the right to request a hearing.

"(3) The owner of the unlicensed retailer shall have 5 business days after service of the notice of summary closure to request a hearing with the Board, which shall hold a hearing within 5 business days of a timely request.".

Sec. 3. Section 47-2002(a)(7)(A) of the District of Columbia Official Code is amended to read as follows:

"(7)(A) The rate of tax shall be 6% of the gross receipts from the sale of or charges for medical cannabis, as defined in § 7-1671.01(12), except for sales or charges occurring during the period of April 15, 2024 through April 28, 2024, which is established as the 4/20 Medical Cannabis Sales Tax Holiday Week for year 2024.".

Sec. 4. Fiscal impact statement.

The Council adopts the fiscal impact statement of the Chief Financial Officer 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.

(a) 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), a 30-day period of congressional review as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code §1-206.02(c)(1)), and publication in the District of Columbia Register.

This act shall expire after 225 days of its having taken effect.