6203.1 If the Board determines, after investigation, that the operations of a licensee present an imminent danger to the health and safety of the public, the Board may summarily revoke, suspend, or restrict, without a prior hearing, the license to sell, manufacture, distribute, or deliver medical cannabis, medical cannabis products or paraphernalia in the District.

6203.2 The Board, after investigation, may also summarily revoke, suspend, or restrict the license of a licensee when the preponderance of the evidence shows that the establishment has been:

(a) The scene of a criminal assault as defined in Chapter 4 of Title 22 of the D.C. Official Code, or a crime of violence, as defined in D.C. Official Code § 23-1331(4), against a police officer, government inspector or investigator, or other governmental official, who was acting in their official capacity, when such assault occurred by patrons who were within 1,000 feet of the establishment;

(b) In violation of the District of Columbia Controlled Substances Act or the Drug Paraphernalia Act of 1982, effective September 17, 1982 (D.C. Law 4-149; D.C. Official Code § 48-1101 et seq.); or

(c) The scene of an assault or crime of violence, as defined in D.C. Official Code § 23-1331(4), against a patient or caregiver by the ownership, management, employees, or agents of a licensed medical cannabis business.

6203.3 The notice of summary suspension or revocation shall contain the following:

(a) A statement setting forth the reasons for the action and any proposed action, including a specification of any specific violation complained of;

(b) Reference to any particular section of the Act or this subtitle allegedly violated;

(c) A date of both a show cause status and evidentiary show cause hearing as well as the contact information for the assigned Office of Attorney General attorney, if known;

(d) A statement that the Board may proceed ex parte if the registrant does not appear for the show cause hearing.

(e) A statement that operations must cease immediately, with the exception of necessary tending requirements by cultivation centers;

(f) A statement that the licensed medical cannabis business must submit to an immediate inventory of all medical cannabis items on the premises by ABCA investigators;

(g) A statement that the licensed medical cannabis business must surrender all registration cards and permits associated with the licensed medical cannabis business to the Board within twenty-four (24) hours of receiving the summary suspension notice;

(h) A statement setting forth the reasons for the summary action, including a specification of any specific violation complained of;

(i) A statement that the registrant may request an immediate hearing before the Board for the purpose of determining whether the suspension shall continue in accordance with § 6203.5; and that

(j) A statement that a person aggrieved by a final summary action may file an appeal with the District of Columbia Court of Appeals in accordance with the District of Columbia Administrative Procedure Act, effective October 21, 1968 (82 Stat.1204; D.C. Official Code § 2-501 et seq.).

6203.4 If the Board orders the suspension or revocation of a license, the Board shall post two (2) notices in conspicuous places at or near the main street entrance of the outside of the establishment. The posted notice shall state that the license has been suspended, the period of the suspension, and that the suspension is ordered because of an alleged violation of the Act or of the regulations promulgated under the Act. Any licensee willfully removing, obliterating, or defacing the notice shall be guilty of a violation of this chapter.

6203.5 A licensee may request a hearing within three (3) business days after service of notice of a summary revocation, suspension, fine, or restriction of license. The Board shall hold a hearing within two (2) business days of receipt of a timely request and shall issue a decision within three (3) business days after the hearing.

6203.6 In rendering a decision on a summary suspension hearing, the Board may suspend or restrict the license of the licensee. Additionally, after issuing a decision, the Board may hold additional proceedings to review, amend, or vacate the Board's Order, to ensure compliance with any conditions and to monitor the licensee's operations.

6203.7 A request for a hearing under this chapter shall include the following:

(a) A statement of the facts relevant to the review of the action;

(b) A statement of the arguments that the respondent considers relevant to the review of the action; and

(c) Any other evidence considered relevant.

6203.8 If the registrant fails to request a hearing within the time and in the manner specified in the notice, the summary suspension shall become final and shall continue unless duly reversed by the Board.

6203.9 A person aggrieved by a final summary action may file an appeal in accordance with the procedures set forth in the DC APA.

6203.10 The decision rendered by the Board following a hearing conducted pursuant to this section shall be the final order in the matter. Either party may seek review of the Board's decision with the District of Columbia Court of Appeals in accordance with the DC APA.

SOURCE: Notice of Emergency and Third Proposed Rulemaking published at 58 DCR 3299 (April 15, 2011)[EXPIRED]; as amended by Notice of Emergency and Fourth Proposed Rulemaking published at 58 DCR 7207 (August 12, 2011)[EXPIRED]; as amended by Notice of Final Rulemaking published at 58 DCR 10128, 10224 (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).