2012 -- H 7888

=======

LC01988

=======

STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

____________

A N A C T

RELATING TO FOOD AND DRUGS - THE EDWARD O. HAWKINS AND THOMAS C.

SLATER MEDICAL MARIJUANA ACT

     Introduced By: Representatives Slater, Newberry, Ajello, Edwards, and Diaz

     Date Introduced: March 06, 2012

     Referred To: House Health, Education & Welfare

It is enacted by the General Assembly as follows:

1-1

     SECTION 1. Sections 21-28.6-3, 21-28.6-4, 21-28.6-5, 21-28.6-6, 21-28.6-10 and 21-

1-2

28.6-12 of the General Laws in Chapter 21-28.6 entitled "The Edward O. Hawkins and Thomas

1-3

C. Slater Medical Marijuana Act" are hereby amended to read as follows:

1-4

     21-28.6-3. Definitions. -- For the purposes of this chapter:

1-5

     (1) "Cardholder" means a qualifying patient, a primary caregiver, or a principal officer,

1-6

board member, employee, volunteer, or agent of a compassion center who has been issued and

1-7

possesses a valid registry identification card.

1-8

     (2) "Compassion center" means a not-for-profit entity corporation subject to the

1-9

provisions of chapter 7-6, and registered under § 21-28.6-12 that acquires, possesses, cultivates,

1-10

manufactures, delivers, transfers, transports, supplies or dispenses marijuana, and/or related

1-11

supplies and educational materials, to registered qualifying patients and/or their registered

1-12

primary caregivers who have designated it as one of their primary caregivers.

1-13

     (3) "Debilitating medical condition" means:

1-14

     (i) Cancer, glaucoma, positive status for human immunodeficiency virus, acquired

1-15

immune deficiency syndrome, Hepatitis C, or the treatment of these conditions;

1-16

     (ii) A chronic or debilitating disease or medical condition or its treatment that produces

1-17

one or more of the following: cachexia or wasting syndrome; severe, debilitating, chronic pain;

1-18

severe nausea; seizures, including but not limited to, those characteristic of epilepsy; or severe

1-19

and persistent muscle spasms, including but not limited to, those characteristic of multiple

2-1

sclerosis or Crohn's disease; or agitation of Alzheimer's Disease; or

2-2

     (iii) Any other medical condition or its treatment approved by the department, as

2-3

provided for in § 21-28.6-5.

2-4

     (4) "Department" means the Rhode Island department of health or its successor agency.

2-5

     (5) "Marijuana" has the meaning given that term in § 21-28-1.02(26).

2-6

     (6) "Mature marijuana plant" means a marijuana plant which has flowers or buds that are

2-7

readily observable by an unaided visual examination.

2-8

     (7) "Medical use" means the acquisition, possession, cultivation, manufacture, use,

2-9

delivery, transfer, or transportation of marijuana or paraphernalia relating to the consumption of

2-10

marijuana to alleviate a registered qualifying patient's debilitating medical condition or symptoms

2-11

associated with the medical condition.

2-12

     (8) "Practitioner" means a person who is licensed with authority to prescribe drugs

2-13

pursuant to chapter 37 of title 5 or a physician licensed with authority to prescribe drugs in

2-14

Massachusetts or Connecticut.

2-15

     (9) "Primary caregiver" means either a natural person who is at least twenty-one (21)

2-16

years old or a compassion center. Unless the primary caregiver is a compassion center, a A

2-17

natural person primary caregiver may assist no more than five (5) qualifying patients with their

2-18

medical use of marijuana.

2-19

     (10) "Qualifying patient" means a person who has been diagnosed by a practitioner as

2-20

having a debilitating medical condition and is a resident of Rhode Island.

2-21

     (11) "Registry identification card" means a document issued by the department that

2-22

identifies a person as a registered qualifying patient, a registered primary caregiver, or a

2-23

registered principal officer, board member, employee, volunteer, or agent of a compassion center.

2-24

     (12) "Unusable marijuana" means marijuana seeds, stalks, seedlings, and unusable roots.

2-25

"Seedling" means a marijuana plant with no observable flowers or buds.

2-26

     (13) "Usable marijuana" means the dried leaves and flowers of the marijuana plant, and

2-27

any mixture or preparation thereof, but does not include the seeds, stalks, and roots of the plant.

2-28

     (14) "Written certification" means the qualifying patient's medical records, and a

2-29

statement signed by a practitioner, stating that in the practitioner's professional opinion the

2-30

potential benefits of the medical use of marijuana would likely outweigh the health risks for the

2-31

qualifying patient. A written certification shall be made only in the course of a bona fide

2-32

practitioner-patient relationship after the practitioner has completed a full assessment of the

2-33

qualifying patient's medical history. The written certification shall specify the qualifying patient's

2-34

debilitating medical condition or conditions.

3-1

     21-28.6-4. Protections for the medical use of marijuana. – (a) A qualifying patient

3-2

who has in his or her possession a registry identification card shall not be subject to arrest,

3-3

prosecution, or penalty in any manner, or denied any right or privilege, including but not limited

3-4

to, civil penalty or disciplinary action by a business or occupational or professional licensing

3-5

board or bureau, for the medical use of marijuana; provided, that the qualifying patient possesses

3-6

an amount of marijuana that does not exceed twelve (12) mature marijuana plants and two and

3-7

one-half (2.5) ounces of usable marijuana. Said plants shall be stored in an indoor facility.

3-8

     (b) A registered qualifying patient, who has in his or her possession a registry

3-9

identification card, shall not be subject to arrest, prosecution, or penalty in any manner, or denied

3-10

any right or privilege, including but not limited to, civil penalty or disciplinary action by a

3-11

business or occupational or professional licensing board or bureau, for selling, giving, or

3-12

distributing marijuana of the type and in an amount not to exceed that set forth in subsection (a)

3-13

above, that he or she has cultivated or manufactured pursuant to this chapter, to a registered

3-14

compassion center.

3-15

     (b)(c) No school, employer or landlord may refuse to enroll, employ or lease to or

3-16

otherwise penalize a person solely for his or her status as a cardholder.

3-17

     (c)(d) A primary caregiver, who has in his or her possession, a registry identification card

3-18

shall not be subject to arrest, prosecution, or penalty in any manner, or denied any right or

3-19

privilege, including but not limited to, civil penalty or disciplinary action by a business or

3-20

occupational or professional licensing board or bureau, for assisting a qualifying patient to whom

3-21

he or she is connected through the department's registration process with the medical use of

3-22

marijuana; provided, that the primary caregiver possesses an amount of marijuana which does not

3-23

exceed twelve (12) mature marijuana plants and two and one-half (2.5) ounces of usable

3-24

marijuana for each qualifying patient to whom he or she is connected through the department's

3-25

registration process.

3-26

     (d)(e) Registered primary caregivers and registered qualifying patients shall be allowed to

3-27

possess a reasonable amount of unusable marijuana, including up to twelve (12) seedlings, which

3-28

shall not be counted toward the limits in this section.

3-29

     (e)(f) There shall exist a presumption that a qualifying patient or primary caregiver is

3-30

engaged in the medical use of marijuana if the qualifying patient or primary caregiver:

3-31

     (1) Is in possession of a registry identification card; and

3-32

     (2) Is in possession of an amount of marijuana that does not exceed the amount permitted

3-33

under this chapter. Such presumption may be rebutted by evidence that conduct related to

3-34

marijuana was not for the purpose of alleviating the qualifying patient's debilitating medical

4-1

condition or symptoms associated with the medical condition.

4-2

     (f)(g) A primary caregiver may receive reimbursement for costs associated with assisting

4-3

a registered qualifying patient's medical use of marijuana. Compensation shall not constitute sale

4-4

of controlled substances.

4-5

     (h) A natural person registered as a primary caregiver who has in his or her possession a

4-6

registry identification card shall not be subject to arrest, prosecution, or penalty in any manner, or

4-7

denied any right or privilege, including, but not limited to, civil penalty or disciplinary action by a

4-8

business or occupational or professional licensing board or bureau, for selling, giving, or

4-9

distributing marijuana, of the type and in an amount not to exceed that set forth in subsection (d)

4-10

above, to a registered compassion center if:

4-11

     (1) The registered natural person primary caregiver cultivated the marijuana pursuant to

4-12

this chapter, not to exceed the limits of paragraph (d) above; and

4-13

     (2) Each qualified patient the caregiver is connected with through the department’s

4-14

registration process has been provided an adequate amount of the marijuana to meet his or her

4-15

medical needs, not to exceed the limits of subsection (a) above.

4-16

     (g)(i) A practitioner shall not be subject to arrest, prosecution, or penalty in any manner,

4-17

or denied any right or privilege, including, but not limited to, civil penalty or disciplinary action

4-18

by the Rhode Island Board of Medical Licensure and Discipline or by any another other business

4-19

or occupational or professional licensing board or bureau solely for providing written

4-20

certifications or for otherwise stating that, in the practitioner's professional opinion, the potential

4-21

benefits of the medical marijuana would likely outweigh the health risks for a patient.

4-22

     (h)(j) Any interest in or right to property that is possessed, owned, or used in connection

4-23

with the medical use of marijuana, or acts incidental to such use, shall not be forfeited.

4-24

     (i)(k) No person shall be subject to arrest or prosecution for constructive possession,

4-25

conspiracy, aiding and abetting, being an accessory, or any other offense for simply being in the

4-26

presence or vicinity of the medical use of marijuana as permitted under this chapter or for

4-27

assisting a registered qualifying patient with using or administering marijuana.

4-28

     (j)(l) A practitioner nurse or pharmacist shall not be subject to arrest, prosecution or

4-29

penalty in any manner, or denied any right or privilege, including, but not limited to, civil penalty

4-30

or disciplinary action by a business or occupational or professional licensing board or bureau

4-31

solely for discussing the benefits or health risks of medical marijuana or its interaction with other

4-32

substances with a patient.

4-33

     (k)(m) A registry identification card, or its equivalent, issued under the laws of another

4-34

state, U.S. territory, or the District of Columbia to permit the medical use of marijuana by a

5-1

patient with a debilitating medical condition, or to permit a person to assist with the medical use

5-2

of marijuana by a patient with a debilitating medical condition, shall have the same force and

5-3

effect as a registry identification card issued by the department.

5-4

     (l)(n) Notwithstanding the provisions of subsection 21-28.6-3(6) 21-28.6-4(d) or

5-5

subsection 21-28.6-4(c) 21-28.6-4(e), no primary caregiver other than a compassion center shall

5-6

possess an amount of marijuana in excess of twenty-four (24) marijuana plants and five (5)

5-7

ounces of usable marijuana for qualifying patients to whom he or she is connected through the

5-8

department's registration process.

5-9

     (m)(o) A registered qualifying patient or registered primary caregiver may give marijuana

5-10

to another registered qualifying patient or registered primary caregiver to whom they are not

5-11

connected by the department's registration process, provided that no consideration is paid for the

5-12

marijuana, and that the recipient does not exceed the limits specified in § 21-28.6-4.

5-13

     (n)(p) For the purposes of medical care, including organ transplants, a registered

5-14

qualifying patient's authorized use of marijuana shall be considered the equivalent of the

5-15

authorized use of any other medication used at the direction of a physician, and shall not

5-16

constitute the use of an illicit substance.

5-17

     21-28.6-5. Department to issue regulations. -- (a) Not later than ninety (90) days after

5-18

the effective date of this chapter, the department shall promulgate regulations governing the

5-19

manner in which it shall consider petitions from the public to add debilitating medical conditions

5-20

to those included in this chapter. In considering such petitions, the department shall include

5-21

public notice of, and an opportunity to comment in a public hearing, upon such petitions. The

5-22

department shall, after hearing, approve or deny such petitions within one hundred eighty (180)

5-23

days of submission. The approval or denial of such a petition shall be considered a final

5-24

department action, subject to judicial review. Jurisdiction and venue for judicial review are vested

5-25

in the superior court. The denial of a petition shall not disqualify qualifying patients with that

5-26

condition, if they have a debilitating medical condition as defined in subdivision 21-28.6-3(3).

5-27

The denial of a petition shall not prevent a person with the denied condition from raising an

5-28

affirmative defense.

5-29

     (b) Not later than ninety (90) days after the effective date of this chapter, the department

5-30

shall promulgate regulations governing the manner in which it shall consider applications for and

5-31

renewals of registry identification cards for qualifying patients and primary caregivers. The

5-32

department's regulations shall establish application and renewal fees that generate revenues

5-33

sufficient to offset all expenses of implementing and administering this chapter. The department

5-34

may vary the application and renewal fees along a sliding scale that accounts for a qualifying

6-1

patient's or caregiver's income. The department may accept donations from private sources in

6-2

order to reduce the application and renewal fees.

6-3

      21-28.6-6. Administration of regulations. -- (a) The department shall issue registry

6-4

identification cards to qualifying patients who submit the following, in accordance with the

6-5

department's regulations:

6-6

     (1) Written certification as defined in § 21-28.6-3(14) of this chapter;

6-7

     (2) Application or renewal fee;

6-8

     (3) Name, address, and date of birth of the qualifying patient; provided, however, that if

6-9

the patient is homeless, no address is required;

6-10

     (4) Name, address, and telephone number of the qualifying patient's practitioner; and

6-11

     (5) Name, address, and date of birth of each primary caregiver of the qualifying patient, if

6-12

any.

6-13

     (b) The department shall not issue a registry identification card to a qualifying patient

6-14

under the age of eighteen (18) unless:

6-15

     (1) The qualifying patient's practitioner has explained the potential risks and benefits of

6-16

the medical use of marijuana to the qualifying patient and to a parent, guardian or person having

6-17

legal custody of the qualifying patient; and

6-18

     (2) A parent, guardian or person having legal custody consents in writing to:

6-19

     (i) Allow the qualifying patient's medical use of marijuana;

6-20

     (ii) Serve as one of the qualifying patient's primary caregivers; and

6-21

     (iii) Control the acquisition of the marijuana, the dosage, and the frequency of the

6-22

medical use of marijuana by the qualifying patient.

6-23

     (c) The department shall verify the information contained in an application or renewal

6-24

submitted pursuant to this section, and shall approve or deny an application or renewal within

6-25

fifteen (15) days of receiving it. The department may deny an application or renewal only if the

6-26

applicant did not provide the information required pursuant to this section, or if the department

6-27

determines that the information provided was falsified. Rejection of an application or renewal is

6-28

considered a final department action, subject to judicial review. Jurisdiction and venue for

6-29

judicial review are vested in the superior court.

6-30

     (d) The department shall issue a registry identification card to each primary caregiver, if

6-31

any, who is named in a qualifying patient's approved application, up to a maximum of two (2)

6-32

primary caregivers per qualifying patient. A person may not serve as a primary caregiver if he or

6-33

she has a felony drug conviction, unless the department waives this restriction in respect to a

6-34

specific individual at the department's discretion. Additionally, the department shall allow the

7-1

person to serve as a primary caregiver if the department determines that the offense was for

7-2

conduct that occurred prior to the enactment of the Edward O. Hawkins and Thomas C. Slater

7-3

Medical Marijuana Act or that was prosecuted by an authority other than the state of Rhode

7-4

Island and for which the Edward O. Hawkins and Thomas C. Slater Medical Marijuana Act

7-5

would otherwise have prevented a conviction.

7-6

     (e) The department shall issue registry identification cards within five (5) days of

7-7

approving an application or renewal, which shall expire two (2) years after the date of issuance.

7-8

Registry identification cards shall contain:

7-9

     (1) The date of issuance and expiration date of the registry identification card;

7-10

     (2) A random registry identification number; and

7-11

     (3) A photograph; and

7-12

     (4) Any additional information as required by regulation or the department.

7-13

     (f) Persons issued registry identification cards shall be subject to the following:

7-14

     (1) A qualifying patient who has been issued a registry identification card shall notify the

7-15

department of any change in the qualifying patient's name, address, or primary caregiver; or if the

7-16

qualifying patient ceases to have his or her debilitating medical condition, within ten (10) days of

7-17

such change.

7-18

     (2) A registered qualifying patient who fails to notify the department of any of these

7-19

changes is responsible for a civil infraction, punishable by a fine of no more than one hundred

7-20

fifty dollars ($150). If the person has ceased to suffer from a debilitating medical condition, the

7-21

card shall be deemed null and void and the person shall be liable for any other penalties that may

7-22

apply to the person's nonmedical use of marijuana.

7-23

     (3) A registered primary caregiver, principal officer, board member, employee, volunteer,

7-24

or agent of a compassion center shall notify the department of any change in his or her name or

7-25

address within ten (10) days of such change. A primary caregiver, principal officer, board

7-26

member, employee, volunteer, or agent of a compassion center who fails to notify the department

7-27

of any of these changes is responsible for a civil infraction, punishable by a fine of no more than

7-28

one hundred fifty dollars ($150).

7-29

     (4) When a qualifying patient or primary caregiver notifies the department of any

7-30

changes listed in this subsection, the department shall issue the registered qualifying patient and

7-31

each primary caregiver a new registry identification card within ten (10) days of receiving the

7-32

updated information and a ten dollar ($10.00) fee. When a principal officer, board member,

7-33

employee, volunteer, or agent of a compassion center notifies the department of any changes

7-34

listed in this subsection, the department shall issue the cardholder a new registry identification

8-1

card within ten (10) days of receiving the updated information and a ten dollar ($10.00) fee.

8-2

     (5) When a qualifying patient who possesses a registry identification card changes his or

8-3

her primary caregiver, the department shall notify the primary caregiver within ten (10) days. The

8-4

primary caregiver's protections as provided in this chapter as to that patient shall expire ten (10)

8-5

days after notification by the department.

8-6

     (6) If a cardholder loses his or her registry identification card, he or she shall notify the

8-7

department and submit a ten dollar ($10.00) fee within ten (10) days of losing the card. Within

8-8

five (5) days, the department shall issue a new registry identification card with new random

8-9

identification number.

8-10

     (7) If a cardholder willfully violates any provision of this chapter as determined by the

8-11

department, his or her registry identification card may be revoked.

8-12

     (g) Possession of, or application for, a registry identification card shall not constitute

8-13

probable cause or reasonable suspicion, nor shall it be used to support the search of the person or

8-14

property of the person possessing or applying for the registry identification card, or otherwise

8-15

subject the person or property of the person to inspection by any governmental agency.

8-16

     (h) (1) Applications and supporting information submitted by qualifying patients,

8-17

including information regarding their primary caregivers and practitioners, are confidential and

8-18

protected under the federal Health Insurance Portability and Accountability Act of 1996, and shall

8-19

be exempt from the provisions of the RIGL chapter 38-2 et seq. the Rhode Island access to public

8-20

records act and not subject to disclosure, except to authorized employees of the department as

8-21

necessary to perform official duties of the department.

8-22

      (2) The application for qualifying patient’s registry identification card shall include a

8-23

question asking whether the patient would like the department to notify him or her of any clinical

8-24

studies about marijuana's risk or efficacy. The department shall inform those patients who answer

8-25

in the affirmative of any such studies it is notified of, that will be conducted in Rhode Island. The

8-26

department may also notify those patients of medical studies conducted outside of Rhode Island.

8-27

     (2)(3) The department shall maintain a confidential list of the persons to whom the

8-28

department has issued registry identification cards. Individual names and other identifying

8-29

information on the list shall be confidential, exempt from the provisions of Rhode Island Access

8-30

to Public Information, chapter 2 of title 38, and not subject to disclosure, except to authorized

8-31

employees of the department as necessary to perform official duties of the department.

8-32

     (i) The department shall verify to law enforcement personnel whether a registry

8-33

identification card is valid solely by confirming the random registry identification number.

9-34

     (j) It shall be a crime, punishable by up to one hundred eighty (180) days in jail and a one

9-35

thousand dollar ($1,000) fine, for any person, including an employee or official of the department

9-36

or another state agency or local government, to breach the confidentiality of information obtained

9-37

pursuant to this chapter. Notwithstanding this provision, the department employees may notify

9-38

law enforcement about falsified or fraudulent information submitted to the department.

9-39

     (k) On or before January 1 of each odd numbered year, the department shall report to the

9-40

House Committee on Health, Education and Welfare and to the Senate Committee on Health and

9-41

Human Services on the use of marijuana for symptom relief. The report shall provide:

9-42

     (1) The number of applications for registry identification cards, the number of qualifying

9-43

patients and primary caregivers approved, the nature of the debilitating medical conditions of the

9-44

qualifying patients, the number of registry identification cards revoked, and the number of

9-45

practitioners providing written certification for qualifying patients;

9-46

     (2) An evaluation of the costs permitting the use of marijuana for symptom relief,

9-47

including any costs to law enforcement agencies and costs of any litigation;

9-48

     (3) Statistics regarding the number of marijuana-related prosecutions against registered

9-49

patients and caregivers, and an analysis of the facts underlying those prosecutions;

9-50

     (4) Statistics regarding the number of prosecutions against physicians for violations of

9-51

this chapter; and

9-52

     (5) Whether the United States Food and Drug Administration has altered its position

9-53

regarding the use of marijuana for medical purposes or has approved alternative delivery systems

9-54

for marijuana.

9-55

     (6) The application for qualifying patients' registry identification card shall include a

9-56

question asking whether the patient would like the department to notify him or her of any clinical

9-57

studies about marijuana's risk or efficacy. The department shall inform those patients who answer

9-58

in the affirmative of any such studies it is notified of, that will be conducted in Rhode Island. The

9-59

department may also notify those patients of medical studies conducted outside of Rhode Island.

9-60

     21-28.6-10. Severability. -- Any section of this act being held invalid as to any person or

9-61

circumstances shall not affect the application of any other section of this act that can be given full

9-62

effect without the invalid section or application. If any provision of this chapter or its application

9-63

thereof to any person or circumstance is held invalid, such invalidity shall not affect other

9-64

provisions or applications of this chapter, which can be given effect without the invalid provision

9-65

or application, and to this end the provisions of this chapter are declared to be severable.

9-66

     21-28.6-12. Compassion centers. -- (a) A compassion center registered under this

9-67

section may acquire, possess, cultivate, manufacture, deliver, transfer, transport, supply, or

9-68

dispense marijuana, or related supplies and educational materials, to registered qualifying patients

10-1

and their registered primary caregivers who have designated it as one of their primary caregivers.

10-2

A compassion center is a primary caregiver. Except as specifically provided to the contrary, all

10-3

provisions of the Edward O. Hawkins and Thomas C. Slater Medical Marijuana Act, sections 21-

10-4

28.6-1 -- 21-28.6-11, apply to a compassion center unless they conflict with a provision contained

10-5

in section 21-28.6-12.

10-6

      (b) Registration of compassion centers--department authority:

10-7

      (1) Not later than ninety (90) days after the effective date of this act, the The department

10-8

shall promulgate regulations governing the manner in which it shall consider applications for

10-9

registration certificates for compassion centers, including regulations governing:

10-10

      (i) The form and content of registration and renewal applications;

10-11

      (ii) The maximum amount of marijuana, in whatever form, a compassion center may

10-12

possess.

10-13

     (ii)(iii) Minimum oversight requirements for compassion centers;

10-14

     (iii)(iv) Minimum record-keeping requirements for compassion centers;

10-15

     (iv)(v) Minimum security requirements for compassion centers; and

10-16

     (v)(vi) Procedures for suspending, revoking or terminating the registration of compassion

10-17

centers that violate the provisions of this section or the regulations promulgated pursuant to this

10-18

subsection.

10-19

      (2) Within ninety (90) days of the effective date of this act chapter, the department shall

10-20

begin accepting applications for the operation of a single compassion center.

10-21

      (3) Within one hundred fifty (150) days of the effective date of this act chapter, the

10-22

department shall provide for at least one public hearing on the granting of an application to a

10-23

single compassion center.

10-24

      (4) Within one hundred ninety (190) days of the effective date of this act chapter, the

10-25

department shall grant a single registration certificate to a single compassion center, providing at

10-26

least one applicant has applied who meets the requirements of this act.

10-27

      (5) If at any time after fifteen (15) months after the effective date of this act chapter,

10-28

there is no operational compassion center in Rhode Island, the department shall accept

10-29

applications, provide for input from the public, and issue a registration certificate for a

10-30

compassion center if a qualified applicant exists.

10-31

      (6) Within two (2) years of the effective date of this act chapter, the department shall

10-32

begin accepting applications to provide registration certificates for two (2) additional compassion

10-33

centers. The department shall solicit input from the public, and issue registration certificates if

10-34

qualified applicants exist.

11-1

      (7) Any time a compassion center registration certificate is revoked, is relinquished, or

11-2

expires, the department shall accept applications for a new compassion center.

11-3

      (8) If at any time after three (3) years after the effective date of this act chapter, fewer

11-4

than three (3) compassion centers are holding valid registration certificates in Rhode Island, the

11-5

department shall accept applications for a new compassion center. No more than three (3)

11-6

compassion centers may hold valid registration certificates at one time.

11-7

     (9) Any compassion center application granted and approved by the department prior to

11-8

January 1, 2012, shall remain in full force and effect, notwithstanding any provisions of this

11-9

chapter to the contrary, but shall be subject to state law adopted herein and rules and regulations

11-10

adopted by the department subsequent to passage of this legislation.

11-11

     (10) All compassion center applications granted and approved by the department on or

11-12

after January 1, 2012 must be located beyond the distance of the property line of a preexisting

11-13

public or private school as identified in 21 U.S.C. 860, notwithstanding any provisions of this

11-14

chapter to the contrary.

11-15

      (c) Compassion center and agent applications and registration:

11-16

      (1) Each application for a compassion center shall include:

11-17

      (i) A non-refundable application fee paid to the department in the amount of two

11-18

hundred fifty dollars ($250);

11-19

      (ii) The proposed legal name and proposed articles of incorporation of the compassion

11-20

center;

11-21

      (iii) The proposed physical address of the compassion center, if a precise address has

11-22

been determined, or, if not, the general location where it would be located. This may include a

11-23

second location for the cultivation of medical marijuana;

11-24

      (iv) A description of the enclosed, locked facility that would be used in the cultivation of

11-25

marijuana;

11-26

      (v) The name, address, and date of birth of each principal officer and board member of

11-27

the compassion center;

11-28

      (vi) Proposed security and safety measures which shall include at least one security

11-29

alarm system for each location, planned measures to deter and prevent the unauthorized entrance

11-30

into areas containing marijuana and the theft of marijuana, as well as a draft employee instruction

11-31

manual including security policies, safety and security procedures, personal safety and crime

11-32

prevention techniques; and

11-33

      (vii) Proposed procedures to ensure accurate record keeping;

12-34

      (2) Any time one or more compassion center registration applications are being

12-35

considered, the department shall also allow for comment by the public and shall solicit input from

12-36

registered qualifying patients, registered primary caregivers; and the towns or cities where the

12-37

applicants would be located;

12-38

      (3) Each time a compassion center certificate is granted, the decision shall be based upon

12-39

the overall health needs of qualified patients and the safety of the public, including, but not

12-40

limited to, the following factors:

12-41

      (i) Convenience to patients from throughout the state of Rhode Island to the compassion

12-42

centers if the applicant were approved;

12-43

      (ii) The applicants' ability to provide a steady supply to the registered qualifying patients

12-44

in the state;

12-45

      (iii) The applicants' experience running a non-profit or business;

12-46

      (iv) The wishes interests of qualifying patients regarding which applicant be granted a

12-47

registration certificate;

12-48

      (v) The wishes interests of the city or town where the dispensary would be located;

12-49

      (vi) The sufficiency of the applicant's plans for record keeping and security, which

12-50

records shall be considered confidential health care information under Rhode Island law and are

12-51

intended to be deemed protected health care information for purposes of the Federal Health

12-52

Insurance Portability and Accountability Act of 1996, as amended; and

12-53

      (vii) The sufficiency of the applicant's plans for safety and security, including proposed

12-54

location, security devices employed, and staffing;

12-55

      (4) After a compassion center is approved, but before it begins operations, it shall submit

12-56

the following to the department:

12-57

      (i) A fee paid to the department in the amount of five thousand dollars ($5,000);

12-58

      (ii) The legal name and articles of incorporation of the compassion center;

12-59

      (iii) The physical address of the compassion center; this may include a second address

12-60

for the secure cultivation of marijuana;

12-61

      (iv) The name, address, and date of birth, and criminal background check if ordered by

12-62

the department, of each principal officer and board member of the compassion center;

12-63

      (v) The name, address, and date of birth, and criminal background check if ordered by

12-64

the department, of any person who will be an agent of or employed by, employee or volunteer of

12-65

the compassion center at its inception;

12-66

      (5) The department shall track the number of registered qualifying patients who

12-67

designate each compassion center as a primary caregiver, and issue a written statement to the

12-68

compassion center of the number of qualifying patients who have designated the compassion

13-1

center to serve as a primary caregiver for them. This statement shall be updated each time a new

13-2

registered qualifying patient designates the compassion center or ceases to designate the

13-3

compassion center and may be transmitted electronically if the department's regulations so

13-4

provide. The department may provide by regulation that the updated written statements will not

13-5

be issued more frequently than twice each week;

13-6

      (6) Except as provided in subdivision (7), the department shall issue each principal

13-7

officer, board member, agent, volunteer and employee of a compassion center a registry

13-8

identification card or renewal card within ten (10) days of receipt of the person's name, address,

13-9

date of birth, and criminal background check if ordered by the department, and a fee in an amount

13-10

established by the department. Each card shall specify that the cardholder is a principal officer,

13-11

board member, agent, volunteer, or employee of a compassion center and shall contain the

13-12

following:

13-13

      (i) The name, address, and date of birth of the principal officer, board member, agent,

13-14

volunteer or employee;

13-15

      (ii) The legal name of the compassion center to which the principal officer, board

13-16

member, agent, volunteer or employee is affiliated;

13-17

      (iii) A random identification number that is unique to the cardholder;

13-18

      (iv) The date of issuance and expiration date of the registry identification card; and

13-19

      (v) A photograph, if the department decides to require one;

13-20

      (7) Except as provided in this subsection, the department shall not issue a registry

13-21

identification card to any principal officer, board member, agent, volunteer, or employee of a

13-22

compassion center who has been convicted of a felony drug offense. The department may

13-23

conduct order a background check of each principal officer, board member, agent, volunteer, or

13-24

employee in order to carry out this provision. The department shall notify the compassion center

13-25

in writing of the purpose for denying the registry identification card. The department may grant

13-26

such person a registry identification card if the department determines that the offense was for

13-27

conduct that occurred prior to the enactment of the Edward O. Hawkins and Thomas C. Slater

13-28

Medical Marijuana Act or that was prosecuted by an authority other than the state of Rhode

13-29

Island and for which the Edward O. Hawkins and Thomas C. Slater Medical Marijuana Act

13-30

would otherwise have prevented a conviction;

13-31

      (8) A registry identification card of a principal officer, board member, agent, volunteer,

13-32

or employee shall expire one year after its issuance, or upon the expiration of the registered

13-33

organization's registration certificate, or upon the termination of the principal officer, board

13-34

member, agent, volunteer or employee’s relationship with the compassion center, whichever

14-1

occurs first.

14-2

      (d) Expiration or termination of compassion center:

14-3

      (1) A compassion center's registration shall expire two (2) years after its registration

14-4

certificate is issued. The compassion center may submit a renewal application beginning sixty

14-5

(60) days prior to the expiration of its registration certificate;

14-6

      (2) The department shall grant a compassion center's renewal application within thirty

14-7

(30) days of its submission if the following conditions are all satisfied:

14-8

      (i) The compassion center submits the materials required under subdivision (c)(4),

14-9

including a five thousand dollar ($5,000) fee;

14-10

      (ii) The department has not ever suspended the The compassion center's registration has

14-11

never been suspended for violations of this act chapter or regulations issued pursuant to this act

14-12

chapter;

14-13

      (iii) The legislative oversight committee's report, issued pursuant to subsection (j),

14-14

indicates that the compassion center is adequately providing patients with access to medical

14-15

marijuana at reasonable rates; and

14-16

      (iv) The legislative oversight committee's report, issued pursuant to subsection (j), does

14-17

not raise serious concerns about the continued operation of the compassion center applying for

14-18

renewal.

14-19

      (3) If the department determines that any of the conditions listed in paragraphs (d)(2)(i) -

14-20

- (iv) exist have not been met, the department shall begin an open application process for the

14-21

operation of a compassion center. In granting a new registration certificate, the department shall

14-22

consider factors listed in subdivision (c)(3) of this section;

14-23

      (4) The department shall issue a compassion center one or more thirty (30) day

14-24

temporary registration certificates after that compassion center's registration would otherwise

14-25

expire if the following conditions are all satisfied:

14-26

      (i) The compassion center previously applied for a renewal, but the department had not

14-27

yet come to a decision;

14-28

      (ii) The compassion center requested a temporary registration certificate; and

14-29

      (iii) The compassion center has not had its registration certificate revoked due to

14-30

violations of this act chapter or regulations issued pursuant to this act chapter.

14-31

     (5) A compassion center’s registry identification card shall be subject to revocation if the

14-32

compassion center:

14-33

     (i) Possesses an amount of marijuana, in whatever form, exceeding limits established by

14-34

the department;

15-1

     (ii) Is in violation of the laws of this state;

15-2

     (iii) Is in violation of other departmental regulations; or

15-3

     (iv) Employs or enters into a business relationship with a medical practitioner who

15-4

provides written certification of a qualifying patient’s medical condition.

15-5

     (e) Inspection. - Compassion centers are subject to reasonable inspection by the

15-6

department of health, division of facilities regulation. The department shall give reasonable notice

15-7

of an inspection under this subsection. During an inspection, the department may review the

15-8

compassion center's confidential records, including its dispensing records, which may shall track

15-9

transactions according to qualifying patients' registry identification numbers to protect their

15-10

confidentiality.

15-11

      (f) Compassion center requirements:

15-12

      (1) A compassion center shall be operated on a not-for-profit basis for the mutual benefit

15-13

of its patients. A compassion center need not be recognized as a tax-exempt organization by the

15-14

Internal Revenue Services;

15-15

      (2) A compassion center may not be located within five hundred feet (500') of the

15-16

property line of a preexisting public or private school;

15-17

      (3) A compassion center shall notify the department within ten (10) days of when a

15-18

principal officer, board member, agent, volunteer or employee ceases to work at the compassion

15-19

center. His or her card shall be deemed null and void and the person shall be liable for any other

15-20

penalties that may apply to the person's any nonmedical possession or use of marijuana by the

15-21

person;

15-22

      (4) A compassion center shall notify the department in writing of the name, address, and

15-23

date of birth of any new principal officer, board member, agent, volunteer or employee and shall

15-24

submit a fee in an amount established by the department for a new registry identification card

15-25

before a new agent or employee begins working at that person begins his or her relationship with

15-26

the compassion center;

15-27

      (5) A compassion center shall implement appropriate security measures to deter and

15-28

prevent the unauthorized entrance into areas containing marijuana and the theft of marijuana and

15-29

shall insure that each location has an operational security alarm system.

15-30

      (6) The operating documents of a compassion center shall include procedures for the

15-31

oversight of the compassion center and procedures to ensure accurate record keeping;

15-32

      (7) A compassion center is prohibited from acquiring, possessing, cultivating,

15-33

manufacturing, delivering, transferring, transporting, supplying, or dispensing marijuana for any

15-34

purpose except to assist registered qualifying patients with the medical use of marijuana directly

16-1

or through the qualifying patients patient’s other primary caregiver;

16-2

      (8) All principal officers and board members of a compassion center must be residents of

16-3

the state of Rhode Island;

16-4

      (9) Each time a new registered qualifying patient visits a compassion center, it shall

16-5

provide the patient with a frequently asked questions sheet designed by the department, which

16-6

explains the limitations on the right to use medical marijuana under state law;

16-7

      (10) Each compassion center shall develop, implement, and maintain on the premises

16-8

employee, volunteer and agent policies and procedures to address the following requirements:

16-9

      (i) A job description or employment contract developed for all employees and agents and

16-10

a volunteer agreement for all volunteers, which includes duties, authority, responsibilities,

16-11

qualification qualifications, and supervision; and

16-12

      (ii) Training in and adherence to state confidentiality laws.

16-13

      (11) Each compassion center shall maintain a personnel record for each employee, agent

16-14

and each volunteer that includes an application for employment or to volunteer and a record of

16-15

any disciplinary action taken;

16-16

      (12) Each compassion center shall develop, implement, and maintain on the premises an

16-17

on-site training curriculum, or enter into contractual relationships with outside resources capable

16-18

of meeting employee training needs, which includes, but is not limited to, the following topics:

16-19

      (i) Professional conduct, ethics, and patient confidentiality; and

16-20

      (ii) Informational developments in the field of medical use of marijuana.

16-21

      (13) Each compassion center entity shall provide each employee, agent and each

16-22

volunteer, at the time of his or her initial appointment, training in the following:

16-23

      (i) The proper use of security measures and controls that have been adopted; and

16-24

      (ii) Specific procedural instructions on how to respond to an emergency, including

16-25

robbery or violent accident;

16-26

      (14) All compassion centers shall prepare training documentation for each employee and

16-27

have employees sign a statement indicating the date, time, and place the employee received said

16-28

training and topics discussed, to include name and title of presenters. The compassion center shall

16-29

maintain documentation of an employee's and a volunteer's training for a period of at least six (6)

16-30

months after termination of an employee's employment or the volunteer's volunteering.

16-31

      (g) Maximum amount of usable marijuana to be dispensed:

16-32

      (1) A compassion center or principal officer, board member, agent, volunteer or

16-33

employee of a compassion center may not dispense more than two and one half ounces (2.5 oz) of

16-34

usable marijuana to a qualifying patient directly or through a qualifying patient's other primary

17-1

caregiver during a fifteen (15) day period;

17-2

      (2) A compassion center or principal officer, board member, agent, volunteer or

17-3

employee of a compassion center may not dispense an amount of usable marijuana or marijuana

17-4

plants to a qualifying patient or a qualifying patient's other primary caregiver that the compassion

17-5

center, principal officer, board member, agent, volunteer, or employee knows would cause the

17-6

recipient to possess more marijuana than is permitted under the Edward O. Hawkins and Thomas

17-7

C. Slater Medical Marijuana Act.

17-8

      (h) Immunity:

17-9

      (1) No registered compassion center shall be subject to prosecution; search, except by

17-10

the department pursuant to subsection (e); seizure; or penalty in any manner or denied any right

17-11

or privilege, including, but not limited to, civil penalty or disciplinary action by a business,

17-12

occupational, or professional licensing board or entity, solely for acting in accordance with this

17-13

section to assist registered qualifying patients to whom it is connected through the department's

17-14

registration process with the medical use of marijuana;

17-15

      (2) No registered compassion center shall be subject to prosecution; seizure or penalty in

17-16

any manner or denied any right or privilege, including, but not limited to, civil penalty or

17-17

disciplinary action by a business, occupational, or professional licensing board or entity, for

17-18

selling, giving or distributing marijuana in whatever form and within the limits established by the

17-19

department to another registered compassion center;

17-20

     (2)(3) No principal officers, board members, agents, volunteers, or employees of a

17-21

registered compassion center shall be subject to arrest, prosecution, search, seizure, or penalty in

17-22

any manner or denied any right or privilege, including, but not limited to, civil penalty or

17-23

disciplinary action by a business, occupational, or professional licensing board or entity, solely

17-24

for working for or with a compassion center to engage in acts permitted by this section.

17-25

      (i) Prohibitions:

17-26

      (1) A compassion center may not possess an amount of marijuana that exceeds the total

17-27

of the allowable amount of marijuana in whatever form, as established by the department through

17-28

regulation, for the registered qualifying patients for whom the compassion center is a registered

17-29

primary caregiver;,

17-30

      (2) A compassion center may not dispense, deliver, or otherwise transfer marijuana to a

17-31

person other than a qualifying patient who has designated the compassion center as a primary

17-32

caregiver or to such patient's other primary caregiver;,

17-33

      (3) A person found to have violated paragraph (2) of this subsection may not be an

17-34

employee, agent, volunteer, principal officer, or board member of any compassion center, and

18-1

such person's registry identification card shall be immediately revoked;

18-2

      (4) An employee, agent, volunteer, principal officer or board member of any compassion

18-3

center found in violation of paragraph (2) above shall have his or her registry identification

18-4

revoked immediately; and

18-5

     (4)(5) No person who has been convicted of a felony drug offense may be the principal

18-6

officer, board member, agent, volunteer, or employee of a compassion center unless the

18-7

department has determined that the person's conviction was for the medical use of marijuana or

18-8

assisting with the medical use of marijuana and issued the person a registry identification card as

18-9

provided under subdivision (c)(7) in accordance with the terms and conditions of this chapter. A

18-10

person who is employed by or is an agent, volunteer, principal officer, or board member of a

18-11

compassion center in violation of this section is guilty of a civil violation punishable by a fine of

18-12

up to one thousand dollars ($1,000). A subsequent violation of this section is a gross

18-13

misdemeanor:

18-14

      (j) Legislative oversight committee:

18-15

      (1) The general assembly shall appoint a nine (9) member oversight committee

18-16

comprised of: one member of the house of representatives; one member of the senate; one

18-17

physician to be selected from a list provided by the Rhode Island medical society; one nurse to be

18-18

selected from a list provided by the Rhode Island state nurses association; two (2) registered

18-19

qualifying patients; one registered primary caregiver; one patient advocate to be selected from a

18-20

list provided by the Rhode Island patient advocacy coalition; and one representative of the law

18-21

enforcement community.

18-22

      (2) The oversight committee shall meet at least six (6) times per year for the purpose of

18-23

evaluating and making recommendations to the general assembly regarding:

18-24

      (i) Patients' access to medical marijuana;

18-25

      (ii) Efficacy of compassion center;

18-26

      (iii) Physician participation in the Medical Marijuana Program;

18-27

      (iv) The definition of qualifying medical condition;

18-28

      (v) Research studies regarding health effects of medical marijuana for patients.

18-29

      (3) On or before January 1 of every even numbered year, the oversight committee shall

18-30

report to the general assembly on its findings.

18-31

     SECTION 2. Chapter 21-28.6 of the General Laws entitled "The Edward O. Hawkins and

18-32

Thomas C. Slater Medical Marijuana Act" is hereby amended by adding thereto the following

18-33

section:

19-34

     21-28.6-13. Construction. -- This chapter shall be liberally construed so as to effectuate

19-35

the purposes thereof.

19-36

     SECTION 3. This act shall take effect upon passage.

=======

LC01988

=======

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO FOOD AND DRUGS - THE EDWARD O. HAWKINS AND THOMAS C.

SLATER MEDICAL MARIJUANA ACT

***

20-1

     This act would fine-tune certain provisions of the chapter on medical marijuana such as a

20-2

clarification that a registered qualifying patient, registered primary caregiver or a registered

20-3

compassion center will not be subject to arrest or prosecution or denied rights (including

20-4

disciplinary action by a licensing board) for selling, giving or distributing marijuana of the type

20-5

and amount permitted by law, the conditions under which a compassion center’s registry

20-6

identification card can be revoked, and a requirement that all compassion centers approved after

20-7

January 1, 2012 be located a certain distance from schools.

20-8

     This act would take effect upon passage.

=======

LC01988

=======