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New Medical Cannabis Facility Application Inquiry Responses

Below are responses to medical cannabis facility application questions received by ABRA by the inquiry response deadline of 4:00 p.m. ET on February 28, 2022. Per the guidelines, future inquiries may not be responded to after the deadline.

Responses Published on March 1

  1. Question (Q): On our most recent GIS map the following language appeared: The Children's Guild DC Public Charter School appears to be within 300 feet at 2146 24th Place NE. To clarify, does that mean we can’t move forward with this address?

    Answer (A): Under D.C. Official Code § 7-1671.06(g) “A dispensary, cultivation center, or testing laboratory shall not locate within any residential district or within 300 feet of a preschool, primary or secondary school, or recreation center.”
     
  2. Q: Will there be a confirmation email following submission of an application through the Box platform? Will the submission be time stamped? Will there be any components (drop downs, fill in boxes, etc) on the submission platform that captures the type of application and name of the submitting party? Will there be a pop up notification confirming the type of application and name of the team/party submitting the application?

    A: Complete applications may be uploaded to Box at dcgov.app.box.com/f/01203a5596fa4f259285b4e58500841c. . The platform autogenerates a confirmation message for successfully submitted applications. The confirmation message reads "Success. Your file has been submitted.". Applicants do not receive a separate email confirmation. All received applications are timestamped. Applicants only need to select the files to upload and enter their email address to be able to submit an application. 

Responses Published on February 28

  1. Question (Q): The dispensary application, question 4, measure 2, states, "describe the plan for testing medical cannabis and ensuring that all medical cannabis is free of contaminants". However, in the regulations (Section 5403.1(a)(4)(B), it states, "The applicant shall describe its plan for verifying medical marijuana packaged at the dispensary is free of contaminants". These are 2 different requests and we request confirmation on which language should be followed.

    Answer (A): Please make sure that you are reviewing the dispensary application made available by ABRA in November 2021. Question 4, Measure 2 on your dispensary application should read: "Detail plans for verifying medical cannabis packaged at the dispensary is free of contaminants. (Up to 10 points)". This language on the dispensary application is consistent with subsection 5403.1(a)(4)(B) of Title 22-C.
     
  2. Q: For the 50 point CBE preference, is there a definition of "owner?" It seems unrealistic to think that nobody involved in a CBE can have an annual income over $349,000 given the capital start-up cost for a business such as this.

    A: The term "owner" referenced in D.C. Official Code § 7-1671.06(d)(5)(C)(iv) relies on the plain and common meaning of the term. A determination regarding who qualifies as an owner may also depend on whether the applicant has applied as an individual, a partnership, corporation, or limited liability company. For further guidance on ownership, please refer to 22-C DCMR § 5404.1(a), (b) and (j).  
     
  3. Q: Post licensure, is it common practice and/or an appropriate vehicle to issue equity to investors via convertible notes? Could you please identify the regs and/or requirements for applicants or license holders regarding post licensure award issuances and convertible notes? If there is any additional information or direction that you can offer related to convertible notes and the use of convertible notes in issuing equity, could you please share that information?

    A: In general, a convertible note is a financial vehicle that permits investors to provide capital in exchange for equity at a later date. Applicants are advised that before changing the medical cannabis facility’s owners, partners, limited liability company members, and corporate officers, or transferring equal or majority control of the business, the registrant will likely need to file an appropriate application and seek the approval of the Board. This means that any potential investor with a convertible note may be denied the right to participate or own the business if they fail to qualify. Any applicant that is using convertible notes should review 22-C DCMR §§ 5501 and 5502 and ensure that any convertible note agreement complies with the requirements of the regulations before the agreement is executed or any change in equity holdings becomes effective.

  4. Q: Could you clarify the type of schools (daycare, head-start, etc) and recreation centers that the regulations are referencing where it speaks to the distance to schools and recreation enters? Could you verify and/or provide a list of schools or recreation centers (if a list of the sort exist) that applicants can reference?

    A: 22-C DCMR Section 5201.1 prohibits the issuance of a medical cannabis facility registration within 300 feet “of a preschool, primary or secondary school, or recreation center.” The terms preschool and primary or secondary school refers to any property that has been issued licenses and permits (e.g., holds accreditations issued by the Office of the State Superintendent of Education) related to or authorizing the operation of a school that serves students up to the 12th grade, and where a school is actually operating. The term recreation center refers to recreation centers operated by the District of Columbia Department of Parks and Recreation. For information related to the location of schools and recreation centers, ABRA can generate a map upon request that shows the presence of various properties within a certain distance from a specific location. Please note that the accuracy of the map depends on third party databases being timely updated; therefore, it is incumbent upon the Applicant to ensure that no disqualifying property is located too close to the Applicant’s proposed location. Applicants may also check with the appropriate educational agency and the District of Columbia Department of Parks and Recreation to determine the specific status of a property.

  5. Q:Will there a 1,000 plant limit for these new cannabis cultivation licenses?

    A: The limit on cultivation centers possessing no more than 1,000 living cannabis plants at any one time is not currently in effect due to emergency legislation. Bill 24-0584, the Medical Marijuana Plant Count Elimination Congressional Review Emergency Amendment Act of 2022, which is in effect until April 24, 2022, eliminates the 1,000 living cannabis plant count limit on an emergency basis.

  6. Q:Regarding the 50 pt preference form, the form states that Applicant must meet "all of the requirements of a medical cannabis certified business enterprise (CBE). To qualify as a medical cannabis CBE, an applicant must...". The DSLBD office, the CBE certifying agency, says there is no "medical cannabis CBE" classification. Is this the case? Will an applicant still be eligible for the 50 preference points if it is certified as a general CBE rather than a "medical cannabis" CBE?

    A: No. An applicant with a general CBE designation is not eligible for the fifty preference points. To qualify for the fifty preference points, an applicant must (1) be certified by DSLBD as a CBE with the "Equity Impact Enterprise" (EIE) subcategory; (2) demonstrate to the satisfaction of DSLBD that more than 50% of the employees of the business enterprise are residents of the District; (3) demonstrate to the satisfaction of DSLBD that more than 50% of the assets of the business enterprise, excluding bank accounts, are located in the District; and (4) attest by completing the "Medical Cannabis Applicant Personal Net Income Attestation Form" that the annual personal net income of each owner of the enterprise applying for registration does not exceed $349,999.

  7. Q: Both the dispensary and the cultivation apps (Q2M2) request an operations manual. This is a very large and extensive document. Is it sufficient to submit a table of contents so that the reviewer can see the scope of the manual?

    A: The entire operations manual should be submitted with your application for the purpose of obtaining the most points available during the scoring of the Application pursuant to the selection criteria set forth in 22-C DCMR § 5403.1

  8. Q:  Please clarify if the Medical Cannabis CBE/Fifty-Point Preference’s magic number is 51% or 60%? While the Fifty-Point Preference Clarification Emergency Amendment Act of 2021 requirements references 51% as the magic number to hit for # of employees that are residents of DC, and the amount of assets located in DC, and the Code of the District of Columbia (2-218.02) also references 51% when defining an Equity Impact Enterprise [ Code of the District of Columbia (2-218.02) (8A) "Equity impact enterprise" means a business enterprise that is a resident-owned business and a small business enterprise that can demonstrate that it is at least 51% owned by an individual who is, or a majority number of individuals who are: (A) Economically disadvantaged individuals; and (B) Individuals who have been subjected to racial or ethnic prejudice or cultural bias because of their identity as a member of a group without regard to their individual qualities. Elsewhere in DC Code, the “magic” number is listed as 60% NOT 51%. For example, D.C. Act 23-426. Fiscal Year 2021 Budget Support Emergency Act of 2020, under the SUBTITLE B. MEDICAL MARIJUANA PROGRAM.

    A: The Council of the District of Columbia enacted the “Fifty-Point Preference Clarification Emergency Amendment Act of 2021” and the “Fifty-Point Preference Clarification Temporary Amendment Act of 2021,” which amend D.C. Official Code § 7-1671.06(d)(5) on an emergency and temporary basis. Therefore, these Acts represent current law and will apply during the present application cycle. In response to the question regarding Under these acts, the threshold employee and asset requirement is “more than 50%” as described in the “Fifty-Point Preference Clarification Emergency Amendment Act of 2021”and the “Fifty-Point Preference Clarification Temporary Amendment Act of 2021.”

  9. Q: Can you advise where I can find a printed set of cultivation regulations?

    A: The District's medical cannabis regulations can be found at abra.dc.gov

  10. Q: Clarification for previous question/response sent on 2/17/2022: The liquor license will not yet inactive at the time the dispensary application is submitted, because the restaurant does not vacate until 2 months following the dispensary application date. Assuming this fact, will the dispensary candidate be disqualified from that location. Or is there any additional documentation necessary to show there will be no overlap.

    A: The presence of a tenant at an applied for dispensary location will not void the approval of a registration so long as the tenant vacates the premises before the medical cannabis facility opens, and the Applicant otherwise complies with 22-C DCMR §§ 5301 through 5303 and §§ 5403.3 through 5403.5.

  11. Q: Will commercial retail storefronts located on the ground floor of a residential apt/condo bldg. be allowed as a venue option for a dispensary operation?

    A: Yes, so long as the requested premises is not zoned for residential-use as described in 22-C DCMR § 5412 and the District's zoning laws otherwise permit the location of a dispensary registration at the proposed location.

  12. Q: Will vacant properties within the same building unit as an existing business holding an ABRA liquor license be allowed to operate a dispensary?

    A: Please see the response posted on February 4, 2022 to question number 6 for an answer to this question.

  13. Q: Will vacant industrial/warehouse properties be allowed as a venue option for a dispensary operation?

    A:  Yes, so long as the requested premises complies with the District's zoning laws and the location otherwise qualifies for a registration.

  14. Q: Can a licensed  DC cultivator purchase trim or cannabis flower from another licensed DC cultivator?

    A: No, pursuant to 22-C DCMR § 5701.2 “It shall be unlawful for a cultivation center to sell or distribute medical marijuana to a person or entity other than a dispensary registered in the District of Columbia.”

  15. Q: In the cultivation application, there are two items numbered “13”. We have a question regarding the question following question 11, which is titled Zoning Determination Letter. 1. By what date are applicants required to turn in a valid zoning determination letter from the DCRA Zoning Administrator indicating that a cultivation center is permitted to operate at the premises for which the registration is sought to be located?

    A: A zoning determination letter is required to be filed on or before the filing deadline with a completed application pursuant to 22-C DCMR § 5404.9.

  16. Q: According to the application instructions, all applicants are allowed to submit applications by mail, in person and electronically. However, in the 50-Point Preference Declaration form, it states, "Submit your application in DSLBD’s DES and email [email protected] to inform DSLBD of your submission for the ABRA 50-Point Preference by Monday, March 28, 2022." Further stating, "Include in your on-time application packet to ABRA: A dated copy of your emailed application to DSLBD." This appears to ask applicants to submit their applications to both ABRA and a separate government entity. Can you please clarify which application you're referencing, when asking applicants to submit their application to DSLBD's DES?

    A: Applicants seeking to claim the fifty-point preference need to apply through DSLBD's District Enterprise System (DES) as an Equity Impact Enterprise (EIE) and also upload their additional required documentation to DSLBD to qualify as a medical cannabis certified business enterprise. The application submission that is due to ABRA by Monday, March 28, 2022 needs to include a dated copy of what the applicant submitted electronically to DSLBD. Applicants have until Thursday, May 12, 2022 to provide ABRA with their certification letter from DSLBD demonstrating that the applicant qualifies as a medical cannabis certified business enterprise.

  17. Q: We know that it is common practice and an appropriate vehicle to issue equity to investors via convertible notes post licensure, that said, could you please identify the regs and/or requirements for applicants or license holders regarding post licensure award issuances and convertible notes?

    A: Please see above response posted on February 28, 2022 for an answer to this question.

  18. Q: If there is any additional information or direction that you can offer related to convertible notes and the use of convertible notes in issuing equity, could you please share that information?

    A: Please see above response posted on February 28, 2022 for an answer to this question. 

  19. Q: Could you clarify the type of schools (daycare, head-start, etc) and recreation centers that the regulations are referencing where it speaks to the distance to schools and recreation centers?

    A: Please see above response posted on February 28, 2022 for an answer to this question.

  20. Q: Could you verify and/or provide a list of schools or recreation centers (if a list of the sort exists) that applicants can reference?

    A: Please see above response posted on February 28, 2022 for an answer to this question.

Responses Published on February 22

  1. Question (Q): Considering that only an LOI is required for the submitted application, we would like to know, if the property identified in the application is no longer available at the time of the award of licensure, can the awardee establish another location to establish the business?

    Answer (A): No, this would be deemed a failure to open the business in accordance with 22-C DCMR § 5303 and would be grounds for awarding the medical cannabis facility registration to another Applicant.
     
  2. Q: Can an Applicant identify property which is owned by the District?

    A: Yes, so long as the property otherwise qualifies for a registration.
     
  3. Q: Will there a 1,000 plant limit for these new cannabis cultivation licenses?

    A: The limit on cultivation centers possessing no more than 1,000 living cannabis plants at any one time is not currently in effect due to emergency legislation. Bill 24-0584, the Medical Marijuana Plant Count Elimination Congressional Review Emergency Amendment Act of 2022, which is in effect until April 24, 2022, eliminates the 1,000 living cannabis plant count limit on an emergency basis.

Responses Published on February 18

  1. Question (Q): There is almost no real estate available for cultivation that is not in Ward 5. Do applicants have the ability to identify their intended property location without actually having a lease or an LOI executed and in place?

    Answer (A): At a minimum, the application must comply with the certificate of occupancy or pre-certificate of occupancy requirements described in 22-C DCMR §§ 5301 and 5302. The agency may approve a license before the issuance of a certificate of occupancy for a specific premises so long as all of the conditions listed in 22- DCMR § 5302 are satisfied. An application that cannot satisfy the certificate of occupancy or pre-certificate of occupancy requirement will not be approved. For more information on how to qualify under these requirements, please review § 5302.
     
  2. Q: Can you please post to the answer thread which seed to sale tracking software system ABRA uses for the program?

    A: ABRA uses METRC to provide the seed-to-sale tracking services required by law.
     
  3. Q: I am seeking clarification regarding the below provision: “A registration application for a cultivation center, dispensary or testing laboratory shall not be approved for any location that also sells alcoholic beverages.” 22-C DCMR § 5403.4. My client is applying for a location currently occupied by a restaurant tenant. The tenant is moving out and will not occupy the space simultaneously with a dispensary. The liquor license is tied to the property and will still be listed under ABRA for the property location. If the dispensary applicant is for any reason unsuccessful, the property owner would like to maintain the liquor license for future restaurant tenants. Will the fact that this address has an ABC establishment as current, vacating tenant disqualify the dispensary applicant? Is there any additional information or documentation that the applicant needs to provide to assure the scorers of compliance with this regulation? The applicant understands that no alcohol may be sold from a dispensary location and can attest that this will not occur.

    A: If a liquor license is issued to the same address as a proposed medical cannabis facility, the mere fact that the liquor license is inactive and held in safekeeping with the Board will not prevent the approval of a medical cannabis facility registration as alcohol would not be sold at the address in this case.

Responses Published on February 4

  1. Question (Q): If an applicant identifies undeveloped property as its facility location and proposes a new buildout, does the applicant need to submit any additional documents or information about the site location (architectural plans, etc.)?

    Answer (A): The medical cannabis facility application provides all required documents. If an applicant is interested in a premises that requires construction, then the applicant should review and consider applying under 22-C DCMR § 5302 (Registration Approval Before Issuance of Certificate of Occupancy) if applicable.
     
  2. Q:Can an identified property have more than one lease agreement on it being that there is only one license being granted?

    A: The agency may issue a license for "all or a portion" of the property, as noted in 22-C DCMR § 5302.1 . However, if the lease arrangements result in third parties having access or control to the licensed business this may render the facilities inadequate and unsuitable for a medical marijuana facility license and the applicant unqualified for licensure under 22-C DCMR §§ 5302.1 and 5401.5(j). 
     
  3. Q: For the cultivation application, for question 4/measure 2, could you define what you mean by organic? Does that mean seeds, pesticides, clones, etc have to be organic? Were previous cultivators required to have organic facilities and use organic methods to grow? a. NOTE RESTATED QUESTION: The cultivation application, questions 1 and 4 both make reference to "suitable for organic gardening" and "demonstrate knowledge of organic growing methods". We request some specific direction regarding how the Board interprets "organic" as it encompasses a wide range of practices from building and equipment to grow media and amendments, etc.

    A: Please see the updated response posted on February 2, 2022 for an answer to this question.
     
  4. Q: The dispensary application, question 5, measure 2, states, "describe the plan for testing medical cannabis and ensuring that all medical cannabis is free of contaminants". However, in the regulations (Section 5403.1(a)(4)(B), it states, "The applicant shall describe its plan for verifying medical marijuana packaged at the dispensary is free of contaminants". These are 2 different requests and we request confirmation on which language should be followed.

    A: Your question appears to be referring to the cultivation center application, not the dispensary application. Question 5 in the dispensary application refers to business plans.
     
  5. Q: For the Dispensary app, Question 8: Environmental Plan Measure 1: Describe the environmental plan of action to minimize the carbon footprint, environmental impact, and resource needs for the sale of medical cannabis. Can you clarify what you mean by "resource needs" for the sale of medical cannabis?

    A: Please see the updated response for Question 1 posted on February 2, 2022 for an answer to this question.
     
  6. Q: Can a cannabis cultivation center occupy a floor in a building that contains an ABRA regulated alcohol business on another floor?

    A: The law states in 22-C DCMR § 5403.4: “A registration application for a cultivation center, dispensary or testing laboratory shall not be approved for any location that also sells alcoholic beverages.” This means that alcohol cannot be sold at the registered premises. Nevertheless, the term “location” only refers to the registered premises, and does not include separate locations on the same property that may sell alcoholic beverages (e.g., a separate unit in a building or strip mall).

  7. Q: I am seeking clarification on the phrase: "co-located with other businesses" "Testing Laboratories may not be: Located within 300 feet of a preschool, primary or secondary school or recreation center Co-located with any other type of business Located in a residential district" Does this mean that the business must have it's own building, or is it just requiring that the business does not share its unit/suite with another business? If we do not need the entire building, are there restrictions on the use of a location that sells alcoholic beverages? From Title 22-C of DCMR: 5403.4 A registration application for a cultivation center or dispensary shall not be approved for any location that also sells alcoholic beverages. Does this also apply to medical cannabis testing laboratory applications?

    A: Section 5403.5 states “A registration application for a cultivation center, dispensary or testing laboratory shall not be approved for an establishment intending to operate any other type of business at the proposed location. A dispensary may sell or provide paraphernalia, literature, posters, and other educational materials related to the medical marijuana program.” 22-C DCMR § 5403.5. The restriction is limited to the property covered by the registration. This means if the medical marijuana facility is located in a building or strip mall split into multiple units or locations, then the application will not be disqualified merely because other businesses are operating in separate units on the same property or in the same building. Section 5403.5 states “5403.4 A registration application for a cultivation center, dispensary or testing laboratory shall not be approved for any location that also sells alcoholic beverages.” 22-C DCMR § 5403.4. Therefore, the restriction against selling alcoholic beverages applies to cultivation centers, dispensaries, and testing laboratories. See Question X for the agency’s answer regarding the sale of alcohol at separate locations on the same property.

Responses Published on February 2

  1. Question (Q): Three part question:
    1. The dispensary application, question 5, measure 2, states, "describe the plan for testing medical cannabis and ensuring that all medical cannabis is free of contaminants". However, in the regulations (Section 5403.1(a)(4)(B), it states, "The applicant shall describe its plan for verifying medical marijuana packaged at the dispensary is free of contaminants". These are 2 different requests and we request confirmation on which language should be followed.
    2. The cultivation application, questions 1 and 4 both make reference to "suitable for organic gardening" and "demonstrate knowledge of organic growing methods". We request some specific direction regarding how the Board interprets "organic" as it encompasses a wide range of practices from building and equipment to grow media and amendments, etc.
    3. For the Dispensary app, Question 8: Environmental Plan Measure 1: Describe the environmental plan of action to minimize the carbon footprint, environmental impact, and resource needs for the sale of medical cannabis. Can you clarify what you mean by "resource needs" for the sale of medical cannabis?


    Answer (A): 
    1. The reference to Question 5, Measure 2, is the dispensary application is incorrect in the question. Question 5, Measure 2, in the dispensary application states: Measure 2: Detail if any person included in the application or its directors, officers, members, or incorporators has experience in business management and/or having medical industry or horticulturalist experience. (Up to five (5) points). View Document. Please revise and resubmit this question for a response.
    2. The term “organic” refers to the applicant's ability to minimize the amount and level of permitted chemicals, pesticides and heavy metals utilized during the cultivation process unless otherwise permitted by § 5620 of Title 22-C of the DCMR.
    3. The term “resource needs” is not specifically provided in the definitions listed in § 9900 of Title 22-C of the DCMR. Therefore, the agency relies on the plain and common meaning of the term.

Responses Published on January 25

  1. Question (Q): Will the licensed recreational dispensary be able to purchase paraphernalia from any U.S. wholesale vendor? Also, will the recreational dispensary be able to manufacture / process their own cannabis consumption products after a bulk wholesale flower and or tinctures purchase from a DC cultivation facility? If the answer is yes will the manufacturing/ processing be required to operate onsite at the approved Ward 3 or Ward 5 venue?

    Answer (A):The current facility application open period only pertains to the District's medical cannabis program. Adult cannabis sales are not legally permitted in the District at this time.
     
  2. Q: Will the 'Sliding Scale Program' be enforced for recreational dispensary operators? Also, are dispensary applicants required to register the business as a stand-alone corporation or can the proposed dispensary operation be listed as a trade under another existing DC corporation until the applicant receives approval status?

    A: The current facility application open period only pertains to the District's medical cannabis program. Adult cannabis sales are not legally permitted in the District at this time.

    Only the person or entity that filed a timely letter of intent for a dispensary, cultivation center, or testing laboratory may have their application considered, as described in 22-C DCMR § 5401.5(c). After the letter of intent submission period has expired, an applicant cannot substitute a new person or entity not identified in their original letter of intent. Moreover, the applicant must be “the true and actual owner of the business for which the registration is sought . . .”; “intend[] to carry on the business for the entity identified in the application and not as the agent of any other individual, partnership, association, or corporation not identified in the application . . .”; and the registered establishment will be managed by the applicant in person or by a registered manager approved by the Board” as described in 22-C DCMR § 5404.1(j). Therefore, the application should be filed by the person or entity listed in the original letter of intent. Furthermore, where an entity holds one or more trade names, the application should be filed by the entity currently holding or controlling the trade names.
     
  3. Q: Will the applicants who are notified on June 17th as getting to the ANC stage be communicated/disclosed how many points their application has been awarded thus far and those points of the other applicants?  Or at least ranked?

    A: Pursuant to 22-C DCMR § 5402.6, the selection panel will review applications and determine a provisional score to determine which applications are forwarded to Advisory Neighborhood Commissions (ANCs). The agency will communicate in writing the selection panel’s determination to both successful and unsuccessful applicants. The notice sent to the applicant will contain the applicant's total score as well as whether or not the applicant achieved the requisite one hundred and fifty (150) points needed to move forward in the selection process.

Responses Published on January 11

  1. Question (Q): First, I want to ask if the questions and answers from the information session have been posted to the site? If so, could you direct me to that page? Next, please see the following application questions: 1. What measures will the commission take to ensure that confidential information remains confidential? Additionally, how will the commission review the applications in an unbiased manner? 2. For the dispensary application, for question 1/measure 1, could you clearly define what the word convenient means in this context? 3. For the cultivation application, for question 4/measure 2, could you define what you mean by organic? Does that mean seeds, pesticides, clones, etc have to be organic? Were previous cultivators required to have organic facilities and use organic methods to grow?

    Answer (A): A recording of the information session is available online. 1. Information received by applicants will be separated into public and non-public files. Public information in a specific application file will be released upon request. Information kept in the non-public file will be redacted in accordance with the District’s Freedom of Information Act when members of the public request such information. Please note that ABRA may be forced to release non-public information if it is determined by a reviewing agency or court that the withholding of such information is not appropriate. Please further note that ABRA will release any information to a requester that is accompanied by a valid subpoena or court order, or otherwise requested by an appropriate District agency or law enforcement agency. All applications will be reviewed in accordance with the District's medical cannabis laws and regulations and the District’s ethics laws. 2. In the dispensary registration application, Measure 1 is based on the following regulation: The applicant demonstrates that the proposed location will provide adequate lighting, display a professional office or business setting, and be convenient for qualifying patients and caregivers. (up to ten (10) points). 22-C DCMR § 5403.1(a)(1)(A).
     
  2. Q: I would like to inquire about if there will be any systems in place to account for funding opportunities that will become available in Fall 2022 to assist and provide social equity to cannabusinesses with returning citizens and veterans on board?  We are preparing to apply for the following grants provided by DSLBD, cannabusiness assistance and the commercial acquisition funding grant by DMPED but are unsure if we will be award in time for these funds to be considered. Are there any measures to ensure cannabusinesses in need (economically disadvantage/apply under social equity) can take advantage of grants available?

    A: Announcements regarding the availability and timing of grant funding or financial assistance for medical cannabis businesses will be made by the Department of Small and Local Business Development (DSLBD) or the Office of the Deputy Mayor for Planning and Economic Development (DMPED).
     
  3. Q: Please provide an answer to the following question regarding the dispensary application: Regarding Questions #3 on page 4 of the App, we need clarification on what answers are required. This question seems to call for the Applicant to submit answers to Measures 1-4 in addition to a written security plan submitted to the ABC Board. Is this correct? Or is just a security plan required? I'm asking for clarification because the written security plan includes much of the information already asked for in Measures 1-4. 

    A: Applicants should respond to all questions required by the application even if answers to each question may appear to be similar or repetitive. In the dispensary application, applicants should provide the requested security plan and answer the questions posed by Measures 1 through 4.
     
  4. Q: How to get in contact with DSLBD – loads of questions about how to qualify as a CBE How in-depth does one go with #14 – re: source of funds. Examples of documents that are sufficient to show source of funds. 50 point preferences – how to get it, who qualifies. $349,999 requirement – what % of owners must meet this, what types of property or income apply.

    A: Contact information for the Department of Small and Local Business Development (DSLBD) is available on their website. You may also email DSLBD with questions regarding the CBE process at [email protected]. Question 14 in the dispensary registration application asks to “Detail and provide documentation regarding the source of funds being used to acquire or develop the dispensary.” This should include documents that show the amount and source of funds used to acquire, develop, and otherwise capitalize the business. This should further be demonstrated by the applicant by providing copies of primary source documents, including official bank statements, loan agreements, and similar documents. The instructions for obtaining the 50-point preference are provided on page 2 of the application. The income requirements to obtain the 50-point preference are described in the Fifty-Point Preference Clarification Emergency Amendment Act of 2021. The law now requires that the applicant “Submit a form to the Alcoholic Beverage Regulation Administration attesting under the penalty of perjury that the annual personal net income of each owner of the enterprise applying for registration of a dispensary, cultivation center, or testing laboratory does not exceed $349,999.” Fifty-Point Preference Clarification Emergency Amendment Act of 2021, D.C. Act 24-211, § 2 (Nov. 18, 2021) (amending D.C. Official Code § 7-1671.06(d)(5)).
     
  5. Q: I am assisting a client with a medical cannabis facility application and I am wondering what is the turnaround time after submitting a GIS Map Request for a Medical Cannabis Facility Application?

    A: The expected time for a Geographic Information System (GIS) map to be generated by the agency and provided to the applicant is within three (3) business days of receipt of the request. Inquiries should be submitted to [email protected]
     
  6. Q: Please advise whether an applicant can apply with 2 separate locations for cultivation and processing. We are having trouble finding a location that's suitable for both activities.

    A: No. An application for a new cultivation center is required to have one specific location. A cultivation center application may not apply for two separate locations in different parts of the District.
     
  7. Q: Yesterday the DC Council passed the Fifty Point Preference Clarification Emergency Amendment Act of 2021 and I am trying to gain an understanding of the language. Does this bill affect the active application we have pending right now? Is this a social equity measure? 

    A: Yes, the Fifty-Point Preference Clarification Emergency Amendment Act of 2021, effective November 18, 2021, applies to medical cannabis facility applications submitted to the agency during the current open application period of November 29, 2021 through March 28, 2022.