Mid-August, the District of Columbia Alcoholic Beverage and Cannabis Board denied a motion from Advisory Neighborhood Commission (ANC) 5A seeking to reinstate its protest against Clinical Solutions, Inc.’s application for a new medical cannabis retailer license at 4942 South Dakota Avenue NW.
In its protest, ANC 5A cited concerns about the dispensary’s proximity to nearby residences and a childcare center, along with potential safety and community impact issues. This followed the dismissal of a lawsuit from a group of parents who raised similar concerns by the D.C. Court of Appeals. The group then sent a letter to President Donald Trump, Attorney General Pamela Bondi and U.S. Attorney for D.C. Jeanine Pirro. The Board previously dismissed the protest in July for failing to state valid statutory grounds and, in its latest ruling, affirmed that dismissal.
In its order, the Board clarified that while the law requires regulators to consider factors such as the proximity of daycares to dispensaries, those considerations are not independent grounds for a protest. Instead, protests must align with the statutory criteria outlined in D.C. Code § 7-1671.06i, which include violations of civil law, applicant fitness or pedestrian and vehicular safety.
The Board found ANC 5A’s filing too vague, noting that it did not provide specific examples of how the dispensary would negatively affect the community or endanger safety. References to “safety investments” and potential criminal activity were deemed insufficient.
“Best practice for protestants would be to list the protest factors at issue in the protest letter and state specific matters under each ground,” the Board wrote, emphasizing the need for clear and substantive claims.
The Board also rejected ANC 5A’s argument that errors in the public notice warranted reconsideration, stating the dismissal was based solely on the lack of substance in the protest letter.
With the denial, Clinical Solutions’ application remains on track, though opponents could still seek judicial review. Any appeal must be filed within 30 days with the D.C. Court of Appeals.
