The D.C. Council passed emergency legislation aimed at significantly strengthening enforcement against unlicensed cannabis establishments and those selling Schedule I substances, such as psychedelic mushrooms. This is the most recent amendment in a string of amendments since 2024 that has aimed to fine tune the city’s enforcement power against “gifting” I-71 cannabis shops.
“Unlicensed Establishment Enforcement Clarification Emergency Amendment Act of 2025” seeks to close loopholes and expedite the shutdown of unlicensed operations.
A key provision of the legislation is the expansion of the definition of “unlicensed establishment” to include businesses selling Schedule I substances, regardless of whether they also sell cannabis.
This change allows for targeted enforcement against establishments that stop selling cannabis but continuing selling other schedule 1 substances.
The act also sets an April 1, 2025, deadline for enforcement actions against all unlicensed cannabis establishments, regardless of whether they have a pending license application. However, it authorizes immediate action before this deadline against any unlicensed establishment, even with a pending application, that sells Schedule I substances.
Furthermore, the legislation grants the Alcoholic Beverage and Cannabis Administration (ABCA) and the Metropolitan Police Department (MPD) the authority to continue summary closures and related enforcement actions as long as a public safety threat persists or is likely to recur. This provision aims to prevent establishments from temporarily ceasing illegal activities to avoid consequences.
In a significant expansion of authority, the act also empowers ABCA and MPD to take enforcement actions against licensed medical cannabis establishments that engage in certain unlawful activities, particularly those posing an imminent danger to public health and safety. This provision includes the ability to summarily close and padlock licensed establishments in egregious cases.
The proposed legislation also clarifies that investigators can test substances found at both licensed and unlicensed establishments for the presence and quantity of Schedule I substances.
The D.C. Council emphasized the need to level the playing field for legal cannabis businesses and protect public health through these stricter enforcement measures. The emergency legislation will take effect immediately upon approval by the Mayor and will remain in effect for 90 days.
It has yet to be approved. Mayor Bowser has until Mar. 25, 2025 to pass this legislation. After it is passed it will last for 90 days before expiring.
