District of Columbia Administrative Code

5103 REGISTRATION AND PERMIT FEES 5103.1 All application, registration, and permit fees shall be paid by credit card, certified check, money order, business check, attorney's check, or personal check payable to the D.C. Treasurer. Applicants shall pay the fees specified by the Bo…

5104 [REPEALED] SOURCE: Emergency and Third Proposed Rulemaking published at 58 DCR 3299 (April 15, 2011)[EXPIRED]; as amended by Emergency and Fourth Proposed Rulemaking published at 58 DCR 7207 (August 12, 2011)[EXPIRED]; as amended by Final Rulemaking published at 58 DCR 10128…

5105 MEDICAL CANNABIS CERTIFICATION PROVIDER PERMIT 5105.1 A person or entity wishing to become a medical cannabis certification provider shall obtain a medical cannabis certification provider permit which shall allow the holder to provide a medical cannabis training and educatio…

5106 MANAGER LICENSE 5106.1 A manager’s license shall authorize the licensee to manage a licensed medical cannabis business. 5106.2 The holder of a manager’s license may be employed by one or more licensed medical cannabis facilities without further investigation, subject to comp…

5107 [RESERVED] SOURCE: Emergency and Third Proposed Rulemaking published at 58 DCR 3299 (April 15, 2011)[EXPIRED]; as amended by Emergency and Fourth Proposed Rulemaking published at 58 DCR 7207 (August 12, 2011)[EXPIRED]; as amended by Final Rulemaking published at 58 DCR 10128…

5108 [RESERVED] SOURCE: Emergency and Third Proposed Rulemaking published at 58 DCR 3299 (April 15, 2011)[EXPIRED]; as amended by Emergency and Fourth Proposed Rulemaking published at 58 DCR 7207 (August 12, 2011)[EXPIRED]; as amended by Final Rulemaking published at 58 DCR 10128…

5109 [RESERVED] SOURCE: Emergency and Third Proposed Rulemaking published at 58 DCR 3299 (April 15, 2011)[EXPIRED]; as amended by Emergency and Fourth Proposed Rulemaking published at 58 DCR 7207 (August 12, 2011)[EXPIRED]; as amended by Final Rulemaking published at 58 DCR 10128…

5110 NON-TRANSFERABLE REGISTRATION CARDS 5110.1 All persons required to register with the Board shall receive and wear on their person, while working in a restricted access area at a medical cannabis business, a non-transferable uniform registration identification card from the B…

5200 DISTANCE REQUIREMENTS 5200.1 A medical cannabis business, except for a courier license, shall not locate within three hundred feet (300 ft.) of a preschool, primary or secondary school, or recreation center unless the main entrance to the preschool, primary, or secondary sch…

5201 REGISTRATION APPLICATIONS NEAR SCHOOLS AND RECREATION CENTERS 5201.1 A dispensary, cultivation center, or testing laboratory shall not locate within three hundred feet (300 ft.) of a preschool, primary or secondary school, or recreation center. The three hundred foot (300 ft…

5300 DENIAL OF REGISTRATION FOR VIOLATIONS OF LAW 5300.1 The Board may deny registration to an applicant if evidence shows that the applicant has permitted conduct at the medical cannabis business which is in violation of this subtitle. SOURCE: Emergency and Third Proposed Rulema…

5301 CERTIFICATE OF OCCUPANCY AND PERMITS 5301.1 A registration may not be issued for a medical cannabis business unless the applicant obtains a valid certificate of occupancy for the premises in which the business for which the registration is sought is located, and is also the …

5302 REGISTRATION APPROVAL BEFORE ISSUANCE OF CERTIFICATE OF OCCUPANCY 5302.1 The Board is authorized, in its discretion, to approve the granting of a registration for a medical cannabis business, subject to all other requirements of the Act or this subtitle, to an applicant prio…

5303 FAILURE TO OPEN OR OPERATE 5303.1 A registration for a medical cannabis business shall be returned to the Board if the medical cannabis business fails to open for business within one hundred twenty (120) days after the registration has been issued, except that the Board may …

5400 QUALIFICATIONS FOR LICENSURE 5400.1 Before issuing, or renewing a registration or permit for either a business applicant or an individual applicant, the Board shall determine that the applicant meets all of the following criteria: The applicant is of good character and gener…

5401 OPEN APPLICATION PERIOD 5401.1 Applications for a new medical cannabis business license shall only be accepted by the Board during an open application period as specified by the Board by publishing a Notice in the District of Columbia Register. The period selected by the Boa…

5402 APPLICATION REQUIREMENTS 5402.1 A person applying for issuance, transfer to a new owner, or renewal of a license, endorsement, or permit, or for approval of substantial changes in operation, including a transfer to a new location related to a licensed medical cannabis facili…

5403 APPLICATION CONTENTS 5403.1 The application of a person or entity applying for a medical cannabis business license shall include: In the case of a partnership or limited liability company applicant, the names and addresses of each member of the partnership or limited liabili…

5404 APPLICATION FOR A SUBSTANTIAL CHANGE 5404.1 A licensee shall obtain the approval of the Board by filing an application for a substantial change, if not initially approved as part of the licensee’s initial application, prior to: (1) Changing or expanding its location; (2) Inc…

5405 ABANDONMENT OF APPLICATION 5405.1 The Board may deem an application abandoned or withdrawn if an applicant fails to provide any additional documents within thirty (30) days of a request from ABCA or the Board for additional or required information. 5405.2 An applicant may se…

5406 APPLICATION CERTIFICATION AND SIGNATURE 5406.1 An individual applicant, all of the general partners of an applicant partnership, all of the members of a limited liability company, or the president or vice-president of an applicant corporation shall sign a statement with an o…

5407 BOARD AUTHORITY TO ISSUE LICENSES 5407.1 The Board may issue medical cannabis facility licenses to persons who meet the requirements set forth in the Act and the regulations. 5407.2 All medical cannabis facility licenses issued under this title, unless otherwise stated, shal…

5408 DIRECTOR, OFFICER, MEMBER, INCORPORATOR, AND AGENT REGISTRATION REQUIREMENTS 5408.1 The application for a director, officer, member, incorporator, or agent registration shall include: (a) Written statements or evidence establishing to the satisfaction of the Board that the a…

5409 EMPLOYEE REGISTRATION REQUIREMENTS 5409.1 The application for an employee registration shall include: (a) Written statements or evidence establishing to the satisfaction of the Board that the applicant meets all of the registration qualifications. SOURCE: Notice of Emergency…

5410 MANAGER LICENSE REQUIREMENTS 5410.1 The application for a manager registration shall include: (a) A notarized written statement from the applicant that they have read the Act and this title and have knowledge of District and federal law relating to cannabis; (b) Written stat…

5411 CRIMINAL BACKGROUND CHECKS 5411.1 Each applicant for a medical cannabis business license, except for an applicant for an agent, employee, or manager registration, shall be required to undergo a criminal background check prior to being registered or licensed. In the case of a…

5412 LICENSE PROHIBITED IN RESIDENTIAL USE DISTRICT 5412.1 No license shall be issued to a medical cannabis business located in a residential-use district as defined in the Zoning Regulations and shown in the official atlases of the Zoning Commission for the District. SOURCE: Eme…

5413 RESTRICTIONS ON OWNERSHIP AND HOLDING A CONFLICTING INTEREST 5413. 1 The holder of a testing laboratory license shall not hold, own, control or have any beneficial or other financial interest in a cultivation center, manufacturer, internet retailer, retailer, or courier lice…

5414 RENEWAL APPLICATION 5414.1 An applicant for license renewal shall self-certify the accuracy of its application, including any changes in ownership or other documents and submissions constituting a part of the application for its initial license or, if appropriate, at the tim…

5415 SECURITY PLAN 5415.1 All medical cannabis businesses shall be required to file with their initial application and maintain a written and compliant security plan with the Board. 5415.2 A compliant security plan shall fully provide or describe the following: (a) A statement on…

5416 CONDITIONAL LICENSE 5416.1 A conditional license application may be filed by both standard and social equity applicants for a cultivation center, manufacturer, internet retailer, retailer, or courier license that do not currently have a proposed location. A conditional licen…

5417 SOCIAL EQUITY APPLICANT STATUS 5417.1 At least fifty percent (50%) of all new cultivation center, manufacturer, internet retailer, retailer, and courier licenses shall be set aside for social equity applicants. Only social equity applicants and medical cannabis certified bus…

5418 LIMITATION ON SUCCESSIVE APPLICATIONS AFTER DENIAL 5418.1 The Board shall not consider an application for the same class of license, permit, endorsement, or substantial change by the same applicant if the Board has denied a previously filed application within five (5) years.…

5419 CONTINUANCES 5419.1 The Board may, on the request of both an affected ANC and the applicant, extend an affected ANC’s comment period deadline for the sole purpose of allowing the ANC to vote on and provide comment on a dispensary, cultivation center, or testing laboratory re…

5420 MEDICAL CANNABIS CERTIFIED BUSINESS ENTERPRISE AFFIDAVIT 5420.1 The applicant shall attest by completing the Annual Personal Net Income Attestation Form that the annual personal net income of each owner of the enterprise applying for a medical cannabis business license does …

5421 APPROPRIATENESS REQUIREMENT 5421.1 To qualify for issuance, renewal of a license, transfer of a license to a new location, or an application for the approval of a substantial change in operation as determined by the Board, an applicant shall demonstrate to the satisfaction o…

5422 PRESUMPTION OF APPROPRIATENESS 5422.1 If notice in accordance with the Act and this chapter is provided and no valid objection regarding appropriateness is filed by a protestant, the application shall be presumed to be appropriate for the locality, section, or portion of the…

5423 DENIAL FOR VIOLATIONS OF THE LAW 5423.1 The Board may deny a license to an applicant if the preponderance of the evidence shows that the applicant has permitted conduct at the medical cannabis establishment that is in violation of the Act or this chapter. SOURCE: Final Rulem…

5424 SPOUSAL INTEREST IN LICENSE 5424.1 The spouse of a license holder may apply for a separate medical cannabis business license if the individual can establish that the conflict-of-interest provisions found at 22-C DCMR § 5413 will not be violated. Specifically, in applying for…

5425 NOTICE BY BOARD 5425.1 Upon the receipt of an application filed by a cultivation center, manufacturer, internet retailer, or retailer, excluding conditional license applications, for the issuance or renewal of a license, for a substantial change in operation as determined by…

5426 LICENSEE NOTICE REQUIREMENT 5426.1 A cultivation center, manufacturer, or retailer applicant that is required to undergo a forty-five (45)-day public comment period under the Act or this chapter shall post two (2) notices, furnished by ABCA, of the application in conspicuous…

5427 STANDING TO FILE PROTEST 5427.1 An ANC located within 600 feet of the applicant’s proposed location may protest the issuance or renewal of a license, or the transfer of a license to a new location involving a cultivation center, manufacturer, retailer, or internet retailer. …

5428 FILING A PROTEST 5428.1 Any affected ANC objecting to the approval of an application shall notify the Board in writing of its intention to object and the grounds for the objection within the protest period. The initial protest letter filed by the ANC shall state all appropri…

5429 ANC COMMENTS 5429.1 An affected ANC shall notify the Board in writing of its recommendations, if any, and serve a copy upon the applicant or licensee, not less than seven (7) calendar days before the date of the protest hearing. The Board shall give great weight to the ANC r…

5430 EXTENDING THE LICENSURE PERIOD 5430.1 Licenses that have been made the subject of protest hearings shall be extended as provided by this section. 5430.2 If the Board has not issued a decision on the matter, and the license has expired, the license shall continue in effect un…

5431 APPLICATION REVIEW 5431.1 Upon receipt of a complete new, renewal, or transfer to new location application filed by a cultivation center, manufacturer, internet retailer, or internet retailer, excluding conditional license applications, the Board shall schedule a roll call h…

5432 ROLL CALL HEARING 5432.1 The roll call hearing shall be a non-adversarial proceeding conducted by the Board or the Board’s agent, in which a list of applications for a new or renewed license, transfer to new location, or a substantial change in operation, and the protestants…

5433 PROTEST STATUS HEARING 5433.1 The protest status hearing is a proceeding held by the Board at which the parties may address any unresolved legal issues from the roll call hearing, including whether a protestant granted conditional standing has subsequently met the standard f…

5434 PARTY DISMISSAL 5434.1 If an applicant or a protestant is dismissed and not reinstated by the Board for good cause after failing to appear at a roll call hearing, status hearing, or protest hearing, the Board may deny the license application, dismiss the protest, or take bot…

5435 ESTABLISHMENT OF GEOGRAPHIC BOUNDARIES IN A PROTEST 5435.1 Upon recognition by the Board of a properly filed protest at a roll call hearing, the geographic boundary of the protest shall be deemed the “section.” The applicant may select another geographic area permitted by th…