ABCA speaks out on slow enforcement of unlicensed weed stores
Ward 6 Councilmember Charles Allen hosted a panel Thursday night on cannabis enforcement in the District of Columbia. Seven different agencies were present to answer questions about how, when and why unlicensed cannabis shops are facing consequences in the city.
Both the legal market and constituents have been frustrated by the slow pace of enforcement as the legal market struggles and unlicensed “gifting” shops continue to operate. A law that passed in July gave the Alcohol Beverage and Cannabis Administration more power to go after unlicensed shops, but closures did not start until September.
ABCA claims that a little under 40 unlicensed businesses out of over 200 have closed despite over 120 inspections of “gifting” shops. Ten of those have been padlock closures in coordination with the police department.
The Office of Attorney General, civil department, is responsible for writing the final summary closure reports that are then presented to the ABC board before closure action can be taken.
“These are folks that are selling cannabis for cash or other schedule one substances,” Fred Moosally, ABCA’s director, highlighted.
Moosally attributed the slow start of padlock closures to figuring out procedural steps such as storage of confiscated product, testing of product and delivering cease and desist in a way the OAG felt could be defended in court if there was a challenge by the padlocked gifting store.
“We can’t just close them under the law for selling cannabis. We either need them to be selling another schedule one substance, have a firearm, an act of violence or a cease and desist order,” Moosally said. He highlighted the importance of an undercover buy as part of the investigation so there could be no questions of whether the product was for sale or was cannabis.
“I understand why residents are frustrated, but I think you’ll notice enforcement continue to pick up,” Moosally said. There is still only one cannabis enforcement officer in ABCA, but they are in the process of beginning interviews for two other positions after Oct. 21, 2024.
A new bill on the mayor’s desk will help ABCA close unlicensed shops more efficiently. Below are other key takeaways from the panel:
- Some shops have been able to delay padlock closures by following the appeal procedure of cease and desist orders or fighting ABCA’s claims by challenging the allegations that their product was in fact cannabis.
- The joint enforcement task force will execute undercover buys for illegal online delivery services some run out of individuals homes.
- Moosally said that a few closures have had cats that needed to be taken care of before the shop was padlocked shut.
- MPD partners in inspections, closures, weapons confiscation and arrests if needed.
- Most closures have involved mushrooms or other schedule one substances.
- To sell CBD in the District you need a medical cannabis license.
