5400.1 Before issuing, or renewing a registration or permit for either a business applicant or an individual applicant, the Board shall determine that the applicant meets all of the following criteria:

(a) The applicant is of good character and generally fit for the responsibilities of registration;

(b) The applicant is at least twenty-one (21) years of age;

(c) The applicant has not had a felony conviction for a crime of violence as defined in D.C. Official Code § 23-1331(4), a gun offense, tax evasion, fraud, or credit card fraud within the three (3) years preceding the date the application is filed with ABCA unless the applicant demonstrates rehabilitation and fitness for licensure in accordance with section 7 of the Act (D.C. Official Code § 7-1671.06);

(d) The applicant has paid the annual fee;

(e) The applicant is not a licensed authorized practitioner making patient recommendations;

(f) The applicant is not a person whose authority to be a caregiver or qualifying patient has been revoked by the Board; and

(g) The applicant has complied with all the requirements of the Act and this chapter.

5400.2 The Board shall not register either a business applicant or an individual applicant that has failed to file required District tax returns or owes more than one hundred dollars ($100) in outstanding debt to the District as a result of the items specified in D.C. Official Code: § 47-2862(a)(1) through (6) subject to the exceptions specified in D.C. Official Code § 47-2862(b).

5400.3 In addition to the requirements of § 5400.1, an applicant for a licensed medical cannabis facility shall demonstrate to the satisfaction of the Board that the applicant is the true and actual owner of the facility for which the license is sought and the individual intends to carry on the business for himself or herself and not as the agent of any other individual, partnership, association, limited liability company, or corporation not identified in the application.

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, 10174 (December 2, 2011); 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).