The Mayor of Washington, DC signs a medical pot law

The recently passed legislation, called the Medical Cannabis Amendment Act of 2022 (B24-0113), was sponsored by Washington, DC Council Chairman Phil Mendelson in February 2021. The Washington, D.C. Council voted unanimously to pass it on December 20, 2022, followed by Bowser, who signed the law into law on January 30, just two days before a February 1 response was due.

The bill expands the capital’s medicinal cannabis program in a number of ways, including removing the cap on dispensaries, creating new types of licenses and codifying emergency measures passed in 2021 and 2022.

Originally, the amendment proposed introducing an increased cap for dispensaries, but was later revised to not include a cap (although the Alcoholic Beverage and Cannabis Board has been given the power to set a cap a year after the bill passed in January 2024).

It also authorizes the creation of other types of cannabis licenses, including cannabis delivery services, online sales, educational programs and areas dedicated to cannabis use. “At least half” of all licenses currently granted to unlicensed businesses are awarded to social justice applicants (defined as those who are low-income DC residents, have served time in prison on cannabis-related charges, or have are related to someone who was affected by the War on Drugs).

Medical cannabis was legalized in Washington DC in 2010, and an attempt to legalize adult-use cannabis was accepted by voters through Initiative 71 in 2014. While it allows possession of up to two ounces of cannabis and home cultivation, it also allows adults to gift up to one ounce of weed to another adult, creating the gift-giving loophole (or a way to circumvent restrictions on cannabis sales , by selling merch or clothing with a gift of cannabis for free). The Medical Cannabis Amendment Act of 2022 aims to target these unlicensed businesses and give them a way to obtain a legal license.

The law also codifies emergency measures implemented for cannabis. These include the emergency response passed in November 2021 to support patients in Washington, DC with expired ID cards and to support struggling pharmacies. In July 2022, Bowser signed legislation allowing adults to self-certify as medical cannabis patients.

Overall, enforcement action related to these changes will not be implemented until 315 days have passed since the bill was signed, which would occur later this year in December. It also needs to be reviewed by Congress before it officially goes into effect.

Also recently in Washington, DC, Mendelson, the Second Chance Amendment Act of 2021 (B24-0063) is under review by Congress. This would implement automatic deletion through “automatic sealing for non-hazardous non-convicted persons” and reduce waiting times before an individual is eligible to seal their file. It would also expand the authority of who can seal their records.” All deletions would need to be processed before January 1, 2025. If Congress does not take action against the law, the proposed date for the law will be March 16, 2023.

Mendelson recently introduced another bill (B25-0052) on Jan. 19 aimed at legalizing the sale of adult-use cannabis. The proposal includes a “Reparation Fund for Victims of the War on Cannabis” that would offer between $5,000 and $80,000 to pay those negatively affected by cannabis criminalization. It also includes a “Cannabis Equity and Opportunity Fund” that would collect 40% of the proceeds to flow loans or grants to crime-affected applicants. In addition, the bill includes a plan to reinvest tax revenues from cannabis into community services such as mental health treatments and youth empowerment.