Compensation and Equity

Washington, D.C. Enacts Major Crackdown on Unregulated Cannabis Businesses





D.C. Cracks Down On Unlicensed Cannabis Operators

Washington, D.C. Cracks Down on Unlicensed Cannabis Operators

Authorities in Washington, D.C., have initiated a significant crackdown on unlicensed cannabis operators, targeting nearly 60 businesses that have yet to apply to the legal medical cannabis program. This decisive action comes in the wake of emergency legislation passed by the DC Council on January 11, 2024. The new legislative measure empowers the District’s Alcohol Beverage and Cannabis Administration (ABCA) to issue warnings, fines, and cease-and-desist orders to non-compliant businesses.

The legislation specifically aims at unlicensed cannabis gifting stores, which sell non-marijuana items and offer cannabis as a gift. Over the past few years, these so-called gifting stores have sprouted up across the district, exploiting a loophole that has hindered the growth and fairness of the legal cannabis market. DC Councilmember Charles Allen voiced concerns that without addressing this loophole, licensed businesses would suffer significantly, while unregulated vendors would continue to operate with impunity.

Cease and Desist Orders

In response to the pressing issue, the DC Council has already issued cease-and-desist orders to unlicensed cannabis shops, signaling the start of the crackdown on illicit businesses. This action is seen as a necessary step to curb unregulated activity and provide a level playing field for legal operators. Enforcement authorities, including the ABCA and DC police, now have the authority to examine records of retailers, seize cannabis sold in violation of the program, and fine commercial landlords who overlook the inappropriate use of their properties for illicit cannabis operations.

The crackdown comes amid a notable decline in sales at legal medical marijuana (MMJ) dispensaries in Washington, D.C. November sales were reported to be approximately $2.9 million, marking a 9% decrease compared to the same month in the previous year. The decline in sales highlights the adverse impact that unlicensed operators have on the regulated market. Neighborhood businesses that have complied with the legal framework and contributed taxes are feeling the pinch from the illegal competition.

Transition to Legal Operations

Despite these challenges, there has been a positive trend with 37 unlicensed DC marijuana businesses submitting applications to join the legal medical cannabis program since November. This transition is a promising sign of efforts to bring unlicensed operators under regulatory oversight, ensuring compliance and promoting a more equitable industry environment. The new legislation, however, still awaits the signature of DC Mayor Muriel Bowser to become law.

The comprehensive effort to clamp down on unlicensed cannabis operations is a crucial step to protect licensed businesses and ensure the integrity of D.C.’s burgeoning cannabis market. With robust enforcement and clear legislative backing, the crackdown aims to establish a well-regulated environment that respects legal protocols and promotes fair competition. The district’s initiative exemplifies a concerted effort to address unregulated activity in the cannabis industry and uphold the law.