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The Washington, D.C. Council has unanimously passed a bill to make sweeping changes to the medical marijuana program in the nation\u2019s capital. That includes eliminating cannabis business licensing caps, providing tax relief to operators, further promoting social equity and creating new regulated business categories such as on-site consumption facilities and cannabis cooking classes.<\/p>\n
It would also provide a pathway for current \u201cgifting\u201d operators that sell non-cannabis items in exchange for \u201cfree\u201d marijuana products to enter the licensed market, while empowering officials to crack down on those who continue to operate illegally.<\/p>\n
The Council first approved a multi-part amendment from the sponsor, Chairman Phil Mendelson (D), before passing the legislation in a 13-0 vote on Tuesday. This comes about two weeks after the full Council approved an earlier version<\/a> in a first reading. The bill now heads to Mayor Muriel Bowser\u2019s (D) desk for her signature.<\/p>\n The Medical Cannabis Amendment Act would also codify that adults can self-certify as medical marijuana patients. That reform is all the more critical now that congressional lawmakers have released a final appropriations package that maintains a controversial rider blocking the District<\/a> from implementing a system of regulated, adult-use cannabis commerce, despite the House and Senate having excluded it in their earlier versions.<\/p>\n Lawmakers have gone back and forth over how to most effectively revise D.C.\u2019s licensing rules, with the as-introduced version of the legislation proposing a higher cap on dispensaries than is allowed under current law. The revised version approved on Tuesday doesn\u2019t include a cap, though it does create a process for regulators to set caps or moratoriums \u201con the issuance of cultivation center, retailer or internet retailer licenses.\u201d<\/p>\n Another amendment that was adopted prior to passage concerns enforcement actions that regulators will be authorized to take against unlicensed marijuana operators, including those that have leveraged the District\u2019s \u201cgifting\u201d policy to circumvent regulations.<\/p>\n \u2014 The timeline for when enforcement action can be taken has shifted back and forth as the bill has moved through Council committees, with the original version requiring regulators to wait 180 days, the last version significantly narrowing the window to 30 days and the now-passed legislation saying enforcement action can\u2019t be taken for at least 315 days after the bill\u2019s enactment.<\/p>\n \u201cWhat what we are doing here is really giving a path for full business recognition for many of our [unlicensed] shops who, to their credit, found a loophole in the law and jumped on it, as many have in many different industries over time,\u201d Mendelson said on Tuesday. \u201cBut it is left them in legal limbo.\u201d<\/p>\n \u201cBy adding this regulation, we\u2019ve further pushed the shops in this industry to challenge each other\u2014and so with respect to product safety and product quality, with a fully legitimate path to full legalization for these businesses, they are now fully in the free market and competing and pushing each other\u201d to improve, he said.<\/p>\n The application period for unlicensed businesses to seek a license was extended from 60 to 90 days, and unlicensed businesses can also now apply to for cultivation center licenses. The bill was additionally amended to create a process for applicants to appeal license rejections.<\/p>\n Notably, the legislation<\/a> also contains language that says marijuana businesses can deduct taxes under local statute that they\u2019re prohibited from making under the federal Internal Revenue Services (IRS) code known as 280E.<\/p>\n A separate provision that would have allowed medical cannabis dispensaries to make deductions for losses due to reduced patient fees was eliminated under the amendment that was adopted on Tuesday.<\/p>\n As noted, the bill makes permanent a temporary self-certification policy that\u2019s been in effect, allowing adults 21 and older to become medical cannabis patients who can buy marijuana from dispensaries without receiving a doctor\u2019s recommendation. Under the current short-term law that the mayor signed this year, medical marijuana patient registrations have continued to surge\u2014with the program adding about 1,500 more patients<\/a>\u00a0in September alone.<\/p>\n The bill aims to promote social equity in the industry by prioritizing business licenses for people who\u2019ve been disproportionately impacted by the drug war. But the relevant provisions have been similarly revised throughout its legislative journey.<\/p>\n Initially, the legislation stipulated that 50 percent of certain licenses needed to be set aside for equity applicants and existing medical cannabis operators in perpetuity. The previously amended version required 100 percent to be set aside for those groups for a certain number of years, depending on the license type.<\/p>\n Now it\u2019s gone back to the 50 percent requirement, with \u201call new retailer, internet retailer, courier, cultivation center, and manufacturer\u201d licenses being reserved for social equity applicants. Regulators must make applications available for new licensees no later than May 1, 2023.<\/p>\n \u201cIt\u2019s crucial that we embed racial equity and economic equity in this bill from the very start\u2014and that would be aligned with the realities of our actual cannabis market,\u201d Councilman Kenyan McDuffie (D), who carried the amendment alongside Mendelson, said at Tuesday\u2019s hearing.<\/p>\n Today, Councilmember McDuffie co-introduced an amendment with Chairman Mendelson to further embed racial and economic equity in the Medical Cannabis Amendment Act of 2022.<\/p>\n Many thanks to all of the advocates who helped us get this measure across the finish line. pic.twitter.com\/YlJ7HuhZjv<\/a><\/p>\n \u2014 CM McDuffie’s Office (@CM_McDuffie) December 20, 2022<\/a><\/p>\n<\/blockquote>\n\n Existing medical cannabis cultivation centers and dispensaries will be permitted to be vertically integrated under one provision of Mendelson\u2019s amendment.<\/p>\n The proposal further calls for the creation of a new license category for internet retailers that would be able to sell marijuana without having a physical storefront.<\/p>\n The legislation also renames the key regulatory agency from the Alcoholic Beverage Regulation Administration (ABRA) to Alcoholic Beverage and Cannabis Administration (ABC).<\/p>\n The i-71 Committee, which has been critical of past iterations of the legislation and played an active role in promoting certain changes, said in a statement following Tuesday\u2019s vote that it \u201csupports today\u2019s passage of the new, amended version of the Medical Cannabis Amendment Act of 2022.\u201d<\/p>\n \u201cWe believe it is a great improvement over the previous draft and consider it a step in the right direction for the local cannabis marketplace,\u201d the organizations said. However, the committee said that \u201cthe bill does not go far enough to answer the myriad questions that exist about the future of cultivation in the District, a crucial component in the success of the expanded marketplace that this legislation creates.\u201d<\/p>\n \u201cWe look forward to continued collaboration with the D.C. Council and Executive Branch to ensure that the District has equal opportunities as surrounding states to participate in the cannabis industry, and we believe the Medical Cannabis Amendment Act of 2022 is a step forward,\u201d it said.<\/p>\n While many advocates have welcomed the legislative efforts to expand cannabis access in the District, they\u2019ve also continued to push for an end to the federal blockade that\u2019s prevented D.C. from establishing a regulated market, despite voters approving an initiative to legalize possession and personal cultivation in 2014.<\/p>\n But that effort seems to have failed for the 2023 Fiscal Year, with congressional lawmakers unveiling a final spending deal early Tuesday morning that keeps the rider, even though both the House and Senate had<\/a> omitted it in their respective versions<\/a> earlier this year.<\/p>\n After President Joe Biden issued a proclamation in October pardoning Americans who\u2019ve committed federal marijuana possession offenses, as well as people who\u2019ve violated the law in D.C., U.S. Rep. Eleanor Holmes Norton (D-DC)\u00a0called on the president to go further<\/a>\u00a0by federally legalizing cannabis and letting the District establish a commercial cannabis market and grant clemency on its own.<\/p>\n The congresswoman said the ongoing local ban, which was\u00a0maintained in Biden\u2019s first two budget proposals<\/a>, represents a \u201cshocking violation of D.C. home rule by a Democratic administration.\u201d<\/p>\n A coalition of local, state and national advocacy organizations\u00a0recently asked the U.S. attorney general<\/a> to formally adopt a policy of non-enforcement to allow the District to legalize marijuana sales even in light of the ongoing congressional ban.<\/p>\n A poll released in September found that\u00a0D.C. voters strongly support marijuana legalization<\/a>\u00a0and oppose a crackdown on the cannabis \u201cgifting\u201d market that\u2019s emerged in the absence of regulated sales.<\/p>\n Bowser, Norton and other elected officials in the city have routinely criticized Congress for singling out the District and depriving it of the ability to do what a growing number of states have done without federal interference.<\/p>\n Norton told Marijuana Moment in a phone interview in July that she was \u201cfairly optimistic\u201d that the rider would not be included in the final spending package. She added that the D.C. self-certification policy is an \u201ceffective workaround\u201d until then.<\/p>\n Meanwhile,\u00a0the mayor signed a bill in July<\/a>\u00a0that bans most workplaces from firing or otherwise punishing employees for marijuana use.<\/p>\n The reform is designed to build upon on a previous measure lawmakers approved to protect local government employees against\u00a0workplace discrimination due to their use of medical cannabis<\/a>.<\/p>\n Schumer Blames GOP For Marijuana Banking Failure, But Says He\u2019ll \u2018Go Back At It Next Year\u2019<\/a><\/p>\n<\/blockquote>\n\n The post D.C. Medical Marijuana Bill To Eliminate License Caps, Provide Tax Relief And More Heads To Mayor\u2019s Desk<\/a> appeared first on Marijuana Moment<\/a>.<\/p>\n
The Washington, D.C. Council has unanimously passed a bill to make sweeping changes to the medical marijuana program in the nation\u2019s capital. That includes eliminating cannabis business licensing caps, providing tax relief to operators, further promoting social equity and creating new regulated business categories such as on-site consumption facilities andContinue Reading<\/a><\/span><\/p>\n","protected":false},"author":458,"featured_media":59643,"comment_status":"false","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[18,81],"tags":[],"_links":{"self":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts\/59642"}],"collection":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/users\/458"}],"replies":[{"embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/comments?post=59642"}],"version-history":[{"count":1,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts\/59642\/revisions"}],"predecessor-version":[{"id":59644,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts\/59642\/revisions\/59644"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/media\/59643"}],"wp:attachment":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/media?parent=59642"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/categories?post=59642"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/tags?post=59642"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}
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\nRead More: D.C. Medical Marijuana Bill To Eliminate License Caps, Provide Tax Relief And More Heads To Mayor\u2019s Desk<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"