5416.1 A conditional license application may be filed by both standard and social equity applicants for a cultivation center, manufacturer, internet retailer, retailer, or courier license that do not currently have a proposed location. A conditional license application may only be filed with the Board during an open application period noticed in the District of Columbia Register and on the ABCA website.

5416.2 An applicant for a conditional license shall indicate the type of license facility applied for in the application and request conditional status.

5416.3 If approved, the holder of a conditional license has one (1) year from the date of Board approval to submit to ABCA:

(1) A lease or similar documentation;

(2) A security plan;

(3) A certificate of occupancy for the proposed location;

(4) A permanent medical cannabis facility license application;

(5) Any remaining or additional licensing or endorsement fees owed to ABCA; and

(6) Any other documentation requested by the Board.

5416.4 The Board shall deem the conditional license expired and cancel the license if all the documents listed in §§ 5403 and 5416.3 are not provided within one (1) year from the date of Board approval.

5416.5 A conditional license application is not required to undergo a forty-five (45)-calendar day public comment period. Approved conditional license applicants are required to undergo a forty-five (45)-calendar day public comment period after their permanent medical cannabis facility application is filed with ABCA.

5416.6 A conditional license does not permit the holder to distribute, purchase, possess, cultivate, manufacture, or sell medical cannabis or medical cannabis products.

5416.7 A one (1)-year conditional license cannot be sold or transferred to a new owner.

5416.8 The holder of a conditional license is required to have their facility operational within one (1)-year of Board approval.

5416.9 The one (1)-year conditional license period shall not be extended.

5416.10 A conditional license approved by the Board shall count toward the requirement that at least fifty percent (50%) of all new cultivation center, manufacturer, internet retailer, retailer, and courier licenses be set aside for social equity applicants.

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, 10197 (December 2, 2011); as amended by Final Rulemaking published at 60 DCR 10061 (July 12, 2013); as amended by Final Rulemaking published at 73 DCR 002136 (February 20, 2026).