What Are the Cannabis Licensing Requirements in Washington D.C? (May 2024)

Washington, D.C., is a special place not only as the nation's capital but also as a jurisdiction with distinctive cannabis laws. While D.C. doesn't have the same expansive regulatory framework as some states, it has made significant strides in both medical and recreational cannabis use. Here, we explore the cannabis licensing requirements and regulations that govern the cultivation, distribution, and consumption of cannabis in the District.

Medical Marijuana in the Capital

In 2010, the District of Columbia legalized medical marijuana use, providing a lifeline for patients with qualifying medical or dental conditions. Under the D.C. Code Ann. § 7-1671, residents of the capital can access medical marijuana to address conditions for which it offers therapeutic benefits, as determined by their authorized practitioner. In a bid to enhance accessibility, D.C. expanded the list of authorized practitioners to include physician's assistants, nurse practitioners, and dentists in 2018.

The District issues licenses for various aspects of the medical marijuana industry, including medical dispensaries, cultivation centers, and testing laboratories. By July 2021, seven dispensaries were actively serving patients. To secure a license, organizations or businesses must register with the Mayor according to § 7-1671.05. This registration process is open to both for-profit and not-for-profit entities.

Certain restrictions are in place to manage the medical marijuana industry. For example, there cannot be more than six cultivation centers within an election ward, and each cultivation center cannot have more than 1,000 living marijuana plants at any given time. Furthermore, dispensaries are limited to dispensing no more than four ounces of medical marijuana to a qualifying patient within a 30-day period.

D.C. legalized medical marijuana in 2010, allowing residents with qualifying medical or dental conditions to use cannabis. Qualifying conditions are determined by an authorized practitioner. While this is the foundation of D.C.'s medical cannabis program, the cultivation of cannabis for adult-use remains prohibited.

However, under Initiative 71, adults aged 21 and older in D.C. can grow their own cannabis. Each adult is legally allowed to cultivate up to six cannabis plants in their personal residences or rental units. It's important to note that only three of the cultivated plants can mature at any given time.

To ensure responsible cultivation, Section 7-1671.06 of the D.C. Code sets forth specific regulations:

• No licensed marijuana grower facility can be publicly visible or seen from another property.
• Marijuana grower facilities cannot be located within a residential district or within 300 feet of places like preschools, elementary or high schools, or recreational centers.
• They also cannot be located within a Retail Priority Area as per Section 2-1217.73 of the D.C. Code.

Cannabis Licensing Requirements in D.C

For individuals and organizations looking to venture into cannabis cultivation in the District of Columbia (D.C.), it's essential to understand the unique landscape of cannabis licensing in the nation's capital. D.C. has distinctive regulations for both medical and recreational cannabis cultivation. Here, we'll break down the key requirements and procedures for obtaining a cannabis cultivation license in D.C.

Types of Cultivation Licenses

The District of Columbia issues only one type of cannabis cultivation license, known as the cultivation center license. This license is granted to qualifying marijuana establishments that aim to grow and distribute marijuana to medical cannabis manufacturers and dispensaries. These cultivation center licenses are categorized into six tiers based on the size of the mature cannabis canopy allowed:

• Tier 1: Mature cannabis canopy area between 1 and 10,000 square feet.
• Tier 2: Mature cannabis canopy area between 10,001 square feet and 25,000 square feet.
• Tier 3: Mature cannabis canopy area between 25,001 square feet and 50,000 square feet.
• Tier 4: Mature cannabis canopy area between 50,001 square feet and 75,000 square feet.
• Tier 5: Mature cannabis canopy area between 75,001 square feet and 100,000 square feet.
• Tier 6: Mature cannabis canopy area greater than 100,000 square feet.

Eligibility and Application Process

In D.C., adults aged 21 or older can apply for a cultivation center license. However, applicants with felony convictions related to violence, gun offenses, fraud, tax evasion, or credit card fraud within three years prior to applying are ineligible. But it's essential to note that employees of cultivation centers are not disqualified solely due to prior felony convictions.

To apply for a cultivation center license in D.C., you must meet specific criteria:

• Age: You must be 21 or older.
• Criminal History: No felony convictions within the last three years related to specific offenses.
• Licensed Practitioners: You must not be a licensed, authorized medical practitioner providing patient recommendations.
• Business Permit: You must have paid the annual fee for a business permit in D.C. and be incorporated within the District.
• Outstanding Debt: You must be current on all tax filings and not owe more than $100 in outstanding debt to the government of D.C.
• Compliance: You must have complied with all requirements of the 1998 Legalization of Marijuana for Medical Treatment Initiative and Title 22-C of the D.C. Municipal Regulations.
• Ownership Limit: You must not hold more than 20% of the cultivation center registrations or licenses in D.C.
• No Interest in Certain Licenses: You cannot hold an interest in an internet retailer, courier, or testing laboratory license.

The application process commences with the submission of a Letter of Intent to the Department of Health in D.C. After receiving an acceptance letter from the D.C. Department of Health, you may proceed with the application process. Completed Letters of Intent can be submitted to:

D.C. Medical Marijuana Program 899 North Capitol Street NE, 2nd Floor Washington, DC 20002

Once you receive an acceptance letter, you can complete the application form provided on the ABRA (Alcoholic Beverage Regulation Administration) website. Alternatively, you can request the application form by contacting ABRA at [email protected].

The application form will require various information depending on your business structure, such as trade names, names and addresses of individuals involved, certificates of good standing, business plans, environmental plans, and much more.

Applicants should review the 22 DCMR Subtitle C in its entirety before submitting applications. Once submitted, applications cannot be edited or amended, except to provide DSLBD-issued certification documentation.

Application Fees and Renewals

Cultivation center applicants must include an application fee with their submission, which can be made via money order or cashier's check payable to the “D.C. Treasurer.” Renewal fees vary by tier and can be found in the regulations. Social Equity Applicants are eligible for reduced fees in the first three years of operation.

Holding Other Cannabis Licenses

In D.C., a licensed cultivation center can also hold a retailer or manufacturer license. However, internet retailer, courier, or testing laboratory licenses are not available to licensed cultivators.

As you navigate the cannabis cultivation licensing process in Washington, D.C., understanding these unique regulations and requirements is crucial for a successful application. It's also important to stay informed about any updates or changes in the D.C. cannabis landscape as the industry continues to evolve.

Conclusion

The evolving landscape of cannabis regulation in Washington, D.C., continues to be influenced by both local initiatives and the constraints imposed by federal oversight. As D.C. navigates these complexities, it offers a unique perspective on cannabis use and distribution, one that distinguishes it from other regions in the United States. Stay tuned for further developments in this ever-evolving cannabis landscape.