The District of Columbia Alcoholic Beverage and Cannabis Board denied a motion by Advisory Neighborhood Commission (ANC) 6A seeking reconsideration of the dismissal of its protest against Proper Exotic, LLC, a medical cannabis retailer applicant seeking licensure for a location at 313 8th Street, N.E.
In a Jan. 8, 2026 order, the Board reaffirmed its prior ruling that the ANC’s protest failed to meet the statutory requirement that medical cannabis protests include sufficient factual substance to warrant a hearing.
ANC 6A filed its protest on Aug. 2, 2025, citing concerns related to residential parking needs and vehicular and pedestrian safety under D.C. Official Code § 7–1671.06i. The protest letter did not elaborate on those concerns or provide supporting facts.
The Board initially dismissed the protest in Order No. 2025-1082, finding that the ANC had merely restated statutory language without identifying specific issues for the applicant to address. ANC 6A subsequently filed a motion for reconsideration, arguing that the dismissal was improper and procedurally flawed.
Proper Exotic opposed the motion.
In denying reconsideration, the Board rejected the ANC’s claim that it had imposed an unlawful or “extra-statutory” pleading requirement. The Board pointed to provisions of D.C. law requiring protests to state “specific grounds for the objection” and authorizing dismissal without a hearing when a protest “lacks substance.”
According to the Board, a protest that simply repeats statutory language does not provide adequate notice of the alleged issues and therefore fails to meet the legal standard. The Board emphasized that dismissal without a hearing is expressly authorized by statute and consistent with prior medical cannabis rulings.
ANC 6A also argued that the Board failed to give its protest “great weight,” as required when considering input from an affected ANC. The Board rejected this claim, explaining that while ANC input must be explicitly addressed, the law does not require agencies to adopt or agree with an ANC’s position.
The Board found that because the protest lacked factual detail, there were no specific concerns to meaningfully analyze or respond to. As a result, the Board concluded that explaining the protest’s lack of substance satisfied the “great weight” requirement.
The ANC further argued that the motion to dismiss was filed too late in the process. The Board disagreed, stating that neither the statute nor the regulations impose a deadline for dismissing an insubstantial protest before a merits hearing.
The Board also rejected the ANC’s reliance on civil procedure rules, finding them inapplicable to medical cannabis licensing proceedings.
A key issue in the decision was the scope of permissible protest grounds following amendments to Chapter 16B in 2024.
Under current law, protests against standard medical cannabis applicants are limited to:
- Violations of Chapter 16B by the applicant
- Civil law violations directly related to the operation of the business
- Vehicular and pedestrian safety concerns
Earlier protest grounds—including peace, order, and quiet; residential parking needs; and real property values—now apply only to a narrow class of unlicensed establishments operating under a temporary statutory grace period.
Because Proper Exotic is a standard applicant, the Board held that those older protest grounds were inapplicable. The Board further ruled that provisions of the Ninth Emergency Rulemaking based on superseded statutory language cannot override current law.
With the denial of reconsideration, ANC 6A’s protest remains dismissed. Parties adversely affected by the decision may seek further reconsideration or appeal under District law, subject to applicable deadlines.
The Board noted it intends to update its regulations in a future rulemaking to reflect the revised statutory framework unless the law is amended again.
Disclosure: Kinner & McGowan lawfirm represented Proper Exotic and are the publishers of The Outlaw Report. However, they have no influence on the editorial coverage or decisions of The Outlaw Report reporting or coverage.
