The District of Columbia Alcoholic Beverage and Cannabis Board (ABC Board) has denied a request from DC Dank to reconsider the rescission of its medical cannabis retailer application, reaffirming that the proposed location is too close to a school under District law.
The decision, issued July 8, concludes that DC Dank’s proposed dispensary at 712 15th Street NE is located 383 feet from Miner Elementary School, placing it within the District’s 400-foot buffer required for new medical cannabis retailers.
The case stems from a March 2026 application that was initially placarded by the Alcoholic Beverage and Cannabis Administration (ABCA). However, the agency later rescinded the placard after determining the original distance measurement failed to account for the full property line of Miner Elementary School.
DC Dank argued that the rescission conflicted with previous measurements conducted by ABCA and asked the Board to reconsider its decision. The Board rejected that argument, explaining that District regulations require measurements to be taken using the shortest linear distance between property lines, not buildings, and that any parcel touched by the measurement falls within the restricted area.
Using updated Geographic Information System (GIS) data and the correct school property boundaries, ABCA determined the proposed dispensary sits just 17 feet inside the prohibited 400-foot zone.
Because D.C. law prohibits the Board from issuing a medical cannabis retailer license for any location within 400 feet of a preschool, primary or secondary school, or recreation center, the Board said it had no discretion to approve the application.
Why It Matters
The decision serves as another reminder that site selection remains one of the biggest regulatory hurdles for prospective cannabis retailers in the District. Even when an application has progressed to the placarding stage, ABCA may rescind it if later review finds the location does not comply with statutory distance requirements.
The order also underscores the importance of verifying property boundaries—not just building locations—before signing leases or investing in build-outs. For applicants competing for limited commercial space in Washington, D.C., a difference of only a few feet can determine whether a location is eligible for licensure.
While DC Dank may still appeal the decision to the D.C. Court of Appeals, the Board’s order reinforces that the 400-foot school buffer is a mandatory statutory requirement rather than a discretionary licensing standard.
