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Alcoholic Beverage Regulation Administration
 

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New Medical Cannabis Facility Application Inquiry Responses

Applicants may submit application questions until 4:00 p.m. EST on Monday, February 28, 2022 to [email protected]. Inquries should include “MCP Facility Application Question” in the Subject Line. Phone and in-person inquiries are not accepted.

Responses to questions are published online and not on an individual basis.

  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 seperated 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 seperate 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.