D.C. Act 21-364. Marijuana Possession Decriminalization Clarification Congressional Review Emergency Amendment Act of 2016.

AN ACT

To amend, on an emergency basis, due to congressional review, the Marijuana Possession Decriminalization Amendment Act of 2014 to clarify that, for the purposes of the act, a private club is a place to which the public is invited, but does not include a private residence, and that the prohibition on consumption of marijuana in public is not limited by the Legalization of Possession of Minimal Amounts of Marijuana for Personal Use Initiative of 2014, and to establish a private club task force to provide a report making recommendations regarding the licensing and operation of venues at which marijuana may be consumed within the parameters of 401(a)(1) of the District of Columbia Uniform Controlled Substances Act of 1981; and to amend Chapter 28 of Title 47 of the District of Columbia Official Code to require the Mayor to revoke any license, certificate of occupancy, or permit held by an entity that knowingly permits a violation of section 301(a) of the Marijuana Possession Decriminalization Amendment Act of 2014 to occur at the specific address or unit identified in the license, certificate of occupancy, or permit.

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Marijuana Possession Decriminalization Clarification Congressional Review Emergency Amendment Act of 2016".

Sec. 2. The Marijuana Possession Decriminalization Amendment Act of 2014, effective July 17, 2014 (D.C. Law 20-126; 61 DCR 3482), is amended as follows:

(a) Section 301 (D.C. Official Code § 48-911.01) is amended as follows:

(1) Subsection (a)(3) is amended to read as follows:

"(3) Any place to which the public is invited. For the purposes of this subsection, and notwithstanding any other provision of law, a private club, which includes any building, facility, or premises used or operated by an organization or association for a common avocational purpose, such as a fraternal, social, educational, or recreational purpose, is a place to which the public is invited; provided, that a private club does not include a private residence.".

(2) A new subsection (f) is added to read as follows:

"(f) No provision of the Legalization of Possession of Minimal Amounts of Marijuana for Personal Use Initiative of 2014, effective February 26, 2015 (D.C. Law 20-153; 62 DCR 880), shall limit or be construed to limit the application of any provision of this section.".

(b) A new Title III-A is added to read as follows:

"TITLE III-A. STUDY OF MARIJUANA IN A PRIVATE CLUB.

"Sec. 310. Task force.

"(a) There is established a private club task force ("Task Force"). There shall be 7 members of the Task Force, who shall be appointed within 10 days after the effective date of the Marijuana Possession Decriminalization Clarification Temporary Amendment Act of 2106, enacted on February 18, 2016 (D.C. Act 21-319; 63 DCR 2211).

"(b) The Task Force shall consist of the following persons, or their designees:

"(1) The Director of the Alcoholic Beverage Regulation Administration;

"(2) The Director of the Department of Consumer and Regulatory Affairs;

"(3) The Director of the Department of Health;

"(4) The Chief of the Metropolitan Police Department;

"(5) The Attorney General for the District of Columbia; and

"(6) Two members of the Council of the District of Columbia, as appointed by the Council.

"(c)(1) The Task Force shall provide a report making recommendations regarding the licensing and operation of venues at which marijuana may be consumed that are within the lawful parameters for the possession, use, and transfer of marijuana set forth in section 401(a)(1) of the District of Columbia Uniform Controlled Substances Act of 1981, effective August 5, 1981 (D.C. Law 4-29; D.C. Official Code § 48-904.01(a)(1)).

"(2) The report shall include the following:

"(A) Effective ways to regulate venues to ensure the health and safety of staff, members, and invitees and the health and safety of the nearby public and the general public;

"(B) Hours of operation;

"(C) Occupancy limits;

"(D) Whether food or beverages (alcoholic and non-alcoholic) may be sold on the premise;

"(E) The District agencies that should be involved in regulating the venues;

"(F) Security plans;

"(G) The amount of marijuana an individual shall be permitted to possess at the venue;

"(H) Whether a venue can store marijuana for a member, or invitee, of a venue;

"(I) Penalties for violating the regulations;

"(J) Licensing, including the requirements for licensure, such as proof of compliance with all applicable District laws, the application procedure, and fee structure;

"(K) Cost of membership or admission;

"(L) The limitations as to the location and the number of venues allowed to operate in the District;

"(M) How all District residents can utilize the benefits of the Legalization of Possession of Minimal Amounts of Marijuana for Personal Use Initiative of 2014, effective February 26, 2015 (D.C. Law 20-153; 62 DCR 880);

"(N) Whether venues can operate in the District; and

"(O) Any other recommendations.

"(3) The Task Force shall complete its analysis and submit a report, along with any proposed recommendations, to the Council and the Mayor for review within 120 days after the creation of the Task Force.".

Sec. 3. Section 47-2844(a-1)(1) of the District of Columbia Official Code is amended as follows:

(a) Subparagraph (B) is amended by striking the phrase "Title 48; or" and inserting the phrase "Title 48;" in its place.

(b) Subparagraph (C) is amended by striking the period at the end and inserting the phrase "; or" in its place.

(c) A new subparagraph (D) is added to read as follows:

"(D) Conduct that violates section 301(a) of the Marijuana Possession Decriminalization Amendment Act of 2014, effective July 17, 2014 (D.C. Law 20-126; D.C. Official Code § 48-911.01(a)). In addition, the Mayor shall revoke any certificate of occupancy or permit associated with the specific address or unit, whichever is more specific, of the holder of a certificate of occupancy or permit who knowingly permits a violation of section 301(a) of the Marijuana Possession Decriminalization Amendment Act of 2014, effective July 17, 2014 (D.C. Law 20-126; D.C. Official Code § 48-911.01(a)), to occur at the specific address or unit identified in the certificate of occupancy or permit.".

Sec. 4. Fiscal impact statement.

The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact statement required by section 4a of the General Legislative Procedures Act of 1975, approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).

Sec. 5. Effective date.

This act shall take effect following approval by the Mayor (or in the event of veto by the Mayor, action by the Council to override the veto), and shall remain in effect for no longer than 90 days, as provided for emergency acts of the Council of the District of Columbia in section 412(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 788; D.C. Official Code § 1-204.12(a)).