5401.1 Applications for a new medical cannabis business license shall only be accepted by the Board during an 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 An application for a new testing laboratory may be filed with the Board at any time.

5401.3 At the start of each open application period for a new cultivation center, manufacturer, internet retailer, retailer, or courier license 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) The opening and ending dates for the submission of applications for a new cultivation center, manufacturer, internet retailer, retailer, or courier license;

(b) The address and email address to submit an application to the Board; and

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

5401.4 The Notice required in § 5401.3 of this chapter shall appear, at a minimum, in the District of Columbia Register and on ABCA's website.

5401.5 At the start of each open application period for new medical cannabis business 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 medical cannabis business registrations;

(b) Until June 1, 2022, the opening and ending dates for the submission of applications for a medical cannabis business 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 medical cannabis business 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) internet retailer or retailer registration or testing laboratory registration.

5401.9 An applicant for a testing laboratory shall not apply for or have a medical cannabis business 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 medical cannabis business 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.

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, 10175 (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).