D.C. Mun. Regs. tit. 22, r. 22-C5401

Current through Register Vol. 71, No. 52, December 27, 2024

Rule 22-C5401 - OPEN APPLICATION PERIOD AND REQUIRED LETTER OF INTENT

5401.1

Applications for a new cultivation center, dispensary, or testing laboratory registration shall only be accepted by the Board during the open application period as specified by the Board by publishing a Notice in the District of Columbia Register. The period selected by the Board shall not be extended.

5401.2

Until June 1, 2022, prior to the submission of a formal application for a new cultivation center, dispensary, or testing laboratory registration, the prospective applicant shall submit a Letter of Intent to the Board or the Board's designee. The Director shall only accept Letters of Intent during the period specified by the Board by notice in the District of Columbia Register; such period shall not be extended. After June 1, 2022, the Board shall no longer require applicants to submit a Letter of Intent prior to submitting an application for a new cultivation center, dispensary, or testing laboratory.

5401.3

The purpose of the Letter of Intent is to formally notify the Board that an application for a cultivation center, dispensary, or testing laboratory registration will be forthcoming. This subsection shall expire on June 1, 2022.

5401.4

The Letter of Intent shall include at least the following:

(a) The individual's name, or the organization, corporation, company name of the prospective applicant, and if the applicant is an organization, the full name and title of the primary contact;

(b) The mailing address, which shall not be a post office box number, daytime telephone number, and email address of the applicant or primary contact person if not the same person;

(c) The type of registration the prospective applicant may apply for;

(d) A statement, not to exceed one hundred (100) words, defining the prospective applicant's intent to submit an application for a cultivation center, dispensary, or testing laboratory; and

(e) The dated signature of the prospective applicant.

5401.5

At the start of each open application period for new cultivation center, dispensary, or testing laboratory registrations, the Board shall publish a notice in the District of Columbia Register setting forth the process for submission of the applications, which shall include:

(a) Until June 1, 2022, the opening and ending dates for the submission of Letters of Intent to the Board by all individuals and entities who intend to apply for cultivation center, dispensary, or testing laboratory registrations;

(b) Until June 1, 2022, the opening and ending dates for the submission of applications for a cultivation center, dispensary, or testing laboratory registration by those individuals and entities that have timely submitted Letters of Intent to the Board, meeting the requirements set forth in §§5401.4 of this chapter. After June 1, 2022, an applicant shall no longer be required to submit a Letter of Intent to the Board to file an application.

(c) Until June 1, 2022, a statement that only the individuals and entities that timely submit Letters of Intent to the Board, meeting the requirements set forth in §§5401.4 of this chapter, shall be permitted to submit an application for a cultivation center, dispensary, or testing laboratory registration;

(d) The address for submission to the Board; and

(e) The process for obtaining application materials from the Board.

5401.6

The Notice required in §§5401.5 of this chapter shall appear, at a minimum, in the District of Columbia Register and on ABCA's website.

5401.7

Applicants shall file a separate Letter of Intent and a separate application for each registration sought.

5401.8

An applicant may apply for or hold more than one (1) cultivation center registration, but may apply for or hold only one (1) dispensary registration or testing laboratory registration.

5401.9

An applicant for a testing laboratory shall not apply for or have a cultivation center or dispensary registration.

5401.10

Until June 1, 2022, only the individuals and entities that timely submitted Letters of Intent to the Board, and received a letter of acceptance from the Board, shall be permitted to submit an application for a cultivation center, dispensary, or testing laboratory registration.

5401.11

A motion for reconsideration may be filed by the applicant within ten (10) calendar days of receipt of the denial of the Letter of Intent.

5401.12

The motion for reconsideration filed in accordance with §§5401.11 shall be in writing.

5401.13

The Board shall grant a motion for reconsideration for good cause shown.

D.C. Mun. Regs. tit. 22, r. 22-C5401

Source: Notice of Emergency and Third Proposed Rulemaking published at 58 DCR 3299 (April 15, 2011)[EXPIRED]; as amended by Notice of Emergency and Fourth Proposed Rulemaking published at 58 DCR 7207 (August 12, 2011)[EXPIRED]; as amended by Notice of Final Rulemaking published at 58 DCR 10128, 10175 (December 2, 2011); amended by Final Rulemaking published at 66 DCR 10217 (8/9/2019); Amended by Final Rulemaking published at 71 DCR 2388 (3/8/2024)

Authority: The Mayor, pursuant to section 14 of the Legalization of Marijuana for Medical Treatment Initiative of 1999 (Act), effective July 27, 2010 (D.C. Law 18-210; D.C. Official Code §§ 7-1671.01, et. seq. (2011 Supp.)).