Only medical cannabis retailer applications can be protested. This includes applications for a new retailer license, retailer license renewal, or a transfer of a retailer license to a new location.

Previously, any medical cannabis business license application, except for a testing laboratory or a courier, could be protested by an affected Advisory Neighborhood Commission (ANC). Changes to the medical cannabis protest process took effect on November 13, 2024, and apply to retailer applications.

The following persons or entities pursuant to § 7-1671.06g, can protest a medical cannabis retailer application:

1. A property owner or commercial tenant whose property abuts the location.
2. A property owner or commercial tenant whose property is located directly across the street from where the establishment is or will be located.
3. A daycare center located within 400 feet of the establishment’s location.
4. An affected ANC.
   1. Note—If an ANC is filing a protest, they must adopt a resolution at a public meeting with a quorum present formalizing the protest. Individual commissioners may not submit a protest independently.

Written protests must be received timely by ABCA’s Legal Division. Submissions may be made by email to [email protected] (strongly recommended), in-person, or by-mail.

Protest filing deadlines and submission instructions are included on the Notice of Public Comment which must be posted on two separate placards on the exterior of the proposed location for the duration of the 45-day public comment period. Notices are also emailed to affected ANCs and Councilmembers, published in the D.C. Register, and also published and searchable on ABCA’s website.

Late protests by any amount of time will not be accepted.

Only affected ANCs may request an extension of the protest deadline for 30 days if the applicant has consented to the request. The purpose of the extension must be to allow an affected ANC to vote to support or protest the license application. Documentation of the consent such as an email communication between the parties must be included with the written request.

Written protests must include:

1. Information about the business being protested including the trade name and street address including quadrant.
2. At least one statutory protest ground found in § 7-1671.06i or in § 7-1671.06(q-2)(new and transfer to new location applications only) and a specific description of the basis of the protest, including any potential negative impacts related to the protest grounds or appropriateness standards, specific laws at issue, and dates and times of events at issue.
3. First and last names of the protestants and their respective contact information.
4. The signature of any protestants on the protest letter.
5. Description of the protesting party such as an ANC or abutting property owner.
   1. Note—ANCs must submit their protest resolution on ANC letterhead. Other parties are encouraged to submit written protests on their affiliation’s letterhead, if applicable.

ANCs and other parties with standing may raise the following grounds against an application:

1. Prior violations of Chapter 16B of Title 7 of the D.C. Official Code;
2. A violation of civil law that is directly related to the operation of the business or establishment for which the license is sought; or
3. Vehicular and pedestrian safety.

Protestants are advised that not all civil law violations may qualify for relief. Please note that the Board will consider on a case-by-case basis (1) the elements of the alleged violation of civil law and their direct relation to the duties and responsibilities of the license; and (2) evidence related to the fitness of the applicant, including the length of time that has elapsed and mitigating circumstances.

For new and transfer to new location retailer applications, ANCs and other parties with standing may also raise the following grounds:

1. The proximity of the medical cannabis retailer to a daycare center;
2. The effect of the medical cannabis retailer on the operation and clientele of a daycare center; and
3. Whether school-aged children frequenting the daycare center or centers in proximity to the medical cannabis retailer will be unduly attracted to the retailer while present at, or going to or from, the daycare center.

Yes. Protests may be dismissed without a hearing if the Alcoholic Beverage and Cannabis Board finds that the basis of the protest lacks substance. Reasons a protest lacks substance can include but is not limited to: (1) only reciting or paraphrasing the statutory protest or appropriateness grounds and (2) not citing the specific law alleged to have been violated by the applicant.

Protests may also be dismissed during the protest process for procedural reasons such as the protestant representative(s) not attending a mandatory mediation or protest hearing.

Submitting a written protest is just the first step in the protest process. The complete process is detailed on the Protest Process page.

No. While the overall steps in the protest process are similar, there are differences regarding which parties may file a protest as well as the permitted statutory grounds for submitting a protest. More information is available here