To amend
- to establish the Board of Cannabis Regulation
- to transfer the existing Medical Marijuana Program to new Board of Cannabis Regulation
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Controlled and Healthy Regulation Of Non-pharmaceutical Cannabis Act of 2015". l. l. Definitions. For the purposes of this act, the term: lll. "Board" means the Board of Cannabis Regulation established by section 3. lll. "Cannabis" means cannabis, as defined by section 102 of the District of Columbia Uniform Controlled Substances Act of 1981, effective August 5, 1981 (D.C. Law 4-29; D.C. Official Code 48-901.02(3)), and includes medical marijuana as defined by section 2(12) of 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(12)). lll. "Commercial activity related to marijuana" includes the manufacture, cultivation, distribution, dispensing, delivery, sale, and administration of cannabis for pecuniary gain. lll. "Pharmaceutical-grade marijuana" means marijuana that is of a sufficient quality to be prescribed and sold for medicinal or palliative purposes. l. Board of Cannabis Regulation. ll. There is established a Board of Cannabis Regulation to regulate commercial activity related to marijuana. lll. The Board shall consist of 7 members appointed by the Mayor. lll. Each member shall serve for a term of 3 years. Of the members initially appointed under this section, 2 shall be appointed for a term of one year, 2 shall be appointed for a term of 2 years, and 3 shall be appointed for a term of 3 years. The terms of the members first appointed shall begin on the date that a majority of the first members are sworn in, which shall become the anniversary date for all subsequent appointments. Members who are appointed to fill vacancies that occur before the expiration of a member's full term shall serve only the unexpired portion of the member's term. lll. A member may be removed for neglect of duty, incompetence, misconduct, or malfeasance. lll. Each year, the Board shall elect one of its members to serve as its Chairperson. ll. The Board may: lll. Appoint an Executive Director to carry out the functions and duties of the Board. lll. Adopt rules and regulations. lll. Exercise other powers as set forth in this section, and such other incidental powers as are necessary to carry out its powers, duties, and functions in accordance with this act. l. License for commercial activity required. ll. Except as provided in subsection (b) of this section, and notwithstanding any other provision of law, no person may engage in commercial activity related to marijuana unless that person is licensed by the Board. ll. A person licensed under Legalization of Marijuana for Medical Treatment Initiative of 1999, effective February 25, 2010 (D.C. Law 13-315; 57 DCR 3360), may engage in commercial activity related to pharmaceutical-grade marijuana. l. Licensing. ll. The Board shall, by regulation, establish the classes and number of licensees permitted to engage in commercial activity related to marijuana. ll. The Board may establish fees for licensees, and may collect fines for violations of any provision of this act or the Board's regulations. ll. The Board shall ensure that each licensee: lll. Has adequate commercial insurance. lll. Is operated by individuals who are: (A) Of good character and generally fit for the responsibilities of licensure. (B) At least 21 years of age. (C) Nt been convicted of any felony in the 10 years before filing the application. (D) Not been convicted of any misdemeanor bearing on fitness for licensure in the 5 years before filing the application. lll. Has adequate safety and security to avoid disturbances of the peace. ll. Except as permitted by the Legalization of Marijuana for Medical Treatment Initiative of 1999, effective February 25, 2010 (D.C. Law 13-315; 57 DCR 3360), no person may consume cannabis in a licensed establishment. l. Report required. The Board shall, by March 1, 2016, submit to the Secretary of the Council a report concerning the viability of allowing individuals to consume cannabis in a licensed establishment other than pursuant to the Legalization of Marijuana for Medical Treatment Initiative of 1999, effective February 25, 2010 (D.C. Law 13-315; 57 DCR 3360). l. Conforming amendments. ll. The Legalization of Marijuana for Medical Treatment Initiative of 1999, effective February 25, 2010 (D.C. Law 13-315; 57 DCR 3360), is amended as follows: lll. Section 2 (D.C. Official Code § 7-1671.01) is amended as follows: (A) A new paragraph (2A) is added to read as follows: "(2A) "Board" means the Board of Cannabis Regulation.". (B) Paragraph (6) is repealed. lll. Section 6 (D.C. Official Code § 7-1671.05) is amended as follows: (A) Paragraph (1) is amended by striking the word "Department" and inserting the word "Board" both times it appears. (B) Paragraph (14) is amended by striking the word "Department" and inserting the word "Board" in its place. lll. Section 8 (D.C. Official Code § 7-1671.07) is amended by striking the word "Department" and inserting the word "Board" in its place. ll. Section 2(e) of the Confirmation Act of 1978, effective March 3, 1979 (D.C. Law 2-142; D.C. Official Code § 1-523.01(e)), is amended by adding a new paragraph (31) to read as follows: "(31) Board of Cannabis Regulation, established by section 3 of the Controlled and Healthy Regulation Of Non-pharmaceutical Cannabis Act of 2015.".
l. Applicability. This