5302 REGISTRATION APPROVAL BEFORE ISSUANCE OF CERTIFICATE OF OCCUPANCY

5302.1 The Board is authorized, in its discretion, to approve the granting of a registration for a medical cannabis business, subject to all other requirements of the Act or this subtitle, to an applicant prior to the issuance of a certificate of occupancy for the building in which the registered premises shall be located, if the Board finds to its satisfaction the following:

1. (a) That an applicant for registration has entered into a bona fide agreement with the owner of the building proposed to be constructed or remodeled;
2. (b) That, under the bona fide agreement, the applicant has agreed to lease, purchase, or otherwise occupy all or a portion of the building for the applicant's use in carrying on the business which would be authorized by the registration;
3. (c) That the agreement provides that all or the portion of the proposed building to be occupied for business purposes registered under this chapter is to be constructed or remodeled in accordance with specifications set forth in the agreement;
4. (d) That the agreement describes the quarters as reasonably adequate and appropriate for the business to be carried on under the authority of the registration;
5. (e) A zoning determination letter issued by DCRA, which reflects that the zoning of the premises to be registered will allow the issuance of the registration; and
6. (f) That the applicant shall not engage in the purchase, sale, possession, or testing of medical cannabis unless and until a certificate of occupancy and all other business licenses have been issued for the business.

5302.2 An application for a registration under § 5302.1 shall be made on forms prescribed by the Board and shall include the following information:

1. (a) The street address of the establishment to be registered or, in the case of new construction, the lot and square numbers of the ground upon which the establishment will be located; and
2. (b) The date on which the applicant plans to open the establishment.

5302.3 A registration approved by the Board under § 5302.1 shall not be issued until the

premises has been finally inspected by the Board, and until the applicant provides to the Board the following:

(a) A certificate of occupancy for the registered premises;

(b) Copies of all necessary business licenses for the premises;

(c) Copies of all tax registration documents for the business;

(d) Copies of an executed lease or deed for the registered premises, provided, however, that the business terms of the lease including the rent may be redacted by the applicant; and

(e) All necessary approvals required under this title from the Metropolitan Police Department (MPD), DCRA, and the Board.

5302.4 Applicants for registration under § 5302.1 shall pay the appropriate registration fee, as set forth in this subtitle, and approval by the Board shall remain effective for one hundred twenty (120) days from the date of the approval, except that the Board may grant an extension at its discretion for good cause shown.

SOURCE: Emergency and Third Proposed Rulemaking published at 58 DCR 3299 (April 15, 2011)[EXPIRED]; as amended by Emergency and Fourth Proposed Rulemaking published at 58 DCR 7207 (August 12, 2011)[EXPIRED]; as amended by Final Rulemaking published at 58 DCR 10128, 10172 (December 2, 2011); as amended by Final Rulemaking published at 66 DCR 10217 (August 9, 2019); as amended by Final Rulemaking published at 71 DCR 002388 (March 8, 2024); as amended by Final Rulemaking published at 73 DCR 002136 (February 20, 2026).