2012 -- H 7960

=======

LC02002

=======

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, Johnston, and O`Neill

     Date Introduced: March 15, 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, 21-28.6-7, 21-28.6-8

1-2

and 21-28.6-9 of the General Laws in Chapter 21-28.6 entitled "The Edward O. Hawkins and

1-3

Thomas 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, or a primary caregiver, or a principal officer,

1-6

board member, employee, volunteer, or agent of a compassion center who has registered with the

1-7

department and has been issued and possesses a valid registry identification card.

1-8

     (2)(i) "Compassion center" means a not-for-profit entity registered under section 21-28.6-

1-9

12 that acquires, possesses, cultivates, manufactures, delivers, transfers, transports, supplies or

1-10

dispenses marijuana, or related supplies and educational materials, to registered qualifying

1-11

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

1-12

caregivers.

1-13

     (ii) “Compassion center cardholder” means a principal officer, board member, employee,

1-14

volunteer, or agent of a compassion center who has registered with the department and has been

1-15

issued and possesses a valid registry identification card.

1-16

     (3) "Debilitating medical condition" means:

1-17

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

1-18

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

2-19

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

2-20

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

2-21

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

2-22

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

2-23

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

2-24

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

2-25

provided for in section 21-28.6-5.

2-26

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

2-27

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

2-28

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

2-29

readily observable by an unaided visual examination.

2-30

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

2-31

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

2-32

marijuana to alleviate a registered qualifying patient's patient cardholder’s debilitating medical

2-33

condition or symptoms associated with the medical condition.

2-34

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

2-35

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

2-36

Massachusetts or Connecticut.

2-37

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

2-38

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

2-39

primary caregiver may assist no more than five (5) qualifying patients with their medical use of

2-40

marijuana.

2-41

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

2-42

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

2-43

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

2-44

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

2-45

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

2-46

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

2-47

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

2-48

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

2-49

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

2-50

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

2-51

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

2-52

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

2-53

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

3-1

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

3-2

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

3-3

debilitating medical condition or conditions.

3-4

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

3-5

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

3-6

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

3-7

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

3-8

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

3-9

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

3-10

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

3-11

facility.:

3-12

     (1) A patient cardholder possesses an amount of marijuana that does not exceed twelve

3-13

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

3-14

     (2) A primary caregiver cardholder possesses an amount of marijuana which does not

3-15

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

3-16

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

3-17

registration process. However, no primary caregiver cardholder, other than a compassion center,

3-18

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

3-19

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

3-20

department's registration process;

3-21

     (3) All mature marijuana plants possessed are stored in an indoor facility;

3-22

     (4) No more than two (2) cardholders shall possess, cultivate or manufacture marijuana in

3-23

the same residence; and

3-24

     (5) No more than two (2) cardholders may participate in the cooperative possession,

3-25

cultivation or manufacture of marijuana in the same non-residence location. All non-cohabitating

3-26

cardholders who participate in the cooperative possession, cultivation or manufacture of

3-27

marijuana in the same non-residence location shall register that location with the department.

3-28

The registered location shall be subject to inspection by the department.

3-29

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

3-30

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

3-31

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

3-32

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

3-33

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

3-34

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

4-1

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

4-2

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

4-3

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

4-4

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

4-5

registration process.

4-6

     (d) Registered primary caregivers and registered qualifying patients A cardholder shall be

4-7

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

4-8

seedlings, which shall not be counted toward the limits in this section.

4-9

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

4-10

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

4-11

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

4-12

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

4-13

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

4-14

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

4-15

condition or symptoms associated with the medical condition.

4-16

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

4-17

assisting a registered qualifying patient's patient cardholder’s medical use of marijuana.

4-18

Compensation shall not constitute sale of controlled substances.

4-19

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

4-20

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

4-21

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

4-22

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

4-23

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

4-24

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

4-25

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

4-26

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

4-27

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

4-28

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

4-29

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

4-30

assisting a registered qualifying patient with using or administering marijuana.

4-31

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

4-32

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

4-33

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

4-34

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

5-1

substances with a patient.

5-2

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

5-3

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

5-4

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

5-5

by a patient with a debilitating medical condition, shall have the same force and effect as a

5-6

registry identification card issued by the department.

5-7

     (l) Notwithstanding the provisions of subsection 21-28.6-3(6) or subsection 21-28.6-4(c),

5-8

no primary caregiver other than a compassion center shall possess an amount of marijuana in

5-9

excess of twenty-four (24) marijuana plants and five (5) ounces of usable marijuana for

5-10

qualifying patients to whom he or she is connected through the department's registration process.

5-11

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

5-12

marijuana to another registered qualifying patient or registered primary caregiver cardholder to

5-13

whom they are not connected by the department's registration process, provided that no

5-14

consideration is paid for the marijuana, and that the recipient does not exceed the limits specified

5-15

in section 21-28.6-4.

5-16

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

5-17

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

5-18

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

5-19

constitute the use of an illicit substance.

5-20

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

5-21

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

5-22

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

5-23

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

5-24

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

5-25

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

5-26

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

5-27

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

5-28

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

5-29

condition, if they have a debilitating medical condition. The denial of a petition shall not prevent

5-30

a person with the denied condition from raising an affirmative defense.

5-31

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

5-32

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

5-33

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

5-34

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

6-1

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

6-2

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

6-3

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

6-4

sources in order to reduce the application and renewal fees.

6-5

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

6-6

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

6-7

department's regulations:

6-8

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

6-9

     (2) Application or renewal fee;

6-10

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

6-11

the patient is homeless, no address is required;

6-12

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

6-13

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

6-14

any.; and

6-15

     (6) Proof of Rhode Island residency for no less than six (6) months of a one year period.

6-16

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

6-17

under the age of eighteen (18) unless:

6-18

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

6-19

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

6-20

legal custody of the qualifying patient; and

6-21

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

6-22

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

6-23

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

6-24

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

6-25

medical use of marijuana by the qualifying patient.

6-26

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

6-27

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

6-28

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

6-29

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

6-30

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

6-31

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

6-32

judicial review are vested in the superior court.

6-33

     (d) The department shall may issue a registry identification card to each primary

6-34

caregiver, if any, who is named in a qualifying patient's approved application, up to a maximum

7-1

of two (2) primary caregivers per qualifying patient. A person may not serve as a primary

7-2

caregiver if he or she has a felony drug conviction, unless the department waives this restriction

7-3

in respect to a specific individual at the department's discretion. Additionally, the department

7-4

shall allow the person to serve as a primary caregiver if the department determines that the

7-5

offense was for conduct that occurred prior to the enactment of the Edward O. Hawkins and

7-6

Thomas C. Slater Medical Marijuana Act or that was prosecuted by an authority other than the

7-7

state of Rhode Island and for which the Edward O. Hawkins and Thomas C. Slater Medical

7-8

Marijuana Act would otherwise have prevented a conviction.

7-9

     (1) The primary caregiver applicant shall apply to the bureau of criminal identification of

7-10

the department of attorney general, state police or local police department for a national criminal

7-11

records check that shall include fingerprints submitted to the FBI. Upon the discovery of any

7-12

disqualifying information as defined in subdivision 21-28.6-6(d)(4), and in accordance with the

7-13

rules promulgated by the director, the bureau of criminal identification of the department of

7-14

attorney general, state police or the local police department shall inform the applicant, in writing,

7-15

of the nature of the disqualifying information; and, without disclosing the nature of the

7-16

disqualifying information, shall notify the department, in writing, that disqualifying information

7-17

has been discovered.

7-18

     (2) In those situations in which no disqualifying information has been found, the bureau

7-19

of criminal identification of the department of attorney general, state police or the local police

7-20

shall inform the applicant and the department, in writing, of this fact.

7-21

     (3) The department shall maintain on file evidence that criminal records checks have

7-22

been initiated on all applicants seeking a primary caregiver registry identification card and the

7-23

results of the checks.

7-24

     (4) Information produced by a criminal records review pertaining to a conviction for any

7-25

felony offense under chapter 21-28 ("Rhode Island Controlled Substances Act") or a similar

7-26

offense from any other jurisdiction shall result in a letter to the applicant and the department

7-27

disqualifying the applicant.

7-28

     (5) The primary caregiver applicant shall be responsible for any expense associated with

7-29

the national criminal records check.

7-30

     (6) For purposes of this section "conviction" means, in addition to judgments of

7-31

conviction entered by a court subsequent to a finding of guilty or a plea of guilty, those instances

7-32

where the defendant has entered a plea of nolo contendere and has received a sentence of

7-33

probation and those instances where a defendant has entered into a deferred sentence agreement

7-34

with the attorney general.

8-1

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

8-2

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

8-3

Registry identification cards shall contain:

8-4

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

8-5

     (2) A random registry identification number; and

8-6

     (3) A photograph; and

8-7

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

8-8

     (5) The name of the cardholder.

8-9

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

8-10

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

8-11

cardholder shall notify the department of any change in the qualifying patient's name, address, or

8-12

primary caregiver; or if the qualifying patient he or she ceases to have his or her debilitating

8-13

medical condition, within ten (10) days of such change.

8-14

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

8-15

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

8-16

hundred fifty dollars ($150). If the person patient cardholder has ceased to suffer from a

8-17

debilitating medical condition, the card shall be deemed null and void and the person shall be

8-18

liable for any other penalties that may apply to the person's nonmedical use of marijuana.

8-19

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

8-20

volunteer, or agent of a compassion center caregiver cardholder or a compassion center

8-21

cardholder shall notify the department of any change in his or her name or address within ten (10)

8-22

days of such change. A primary caregiver, principal officer, board member, employee, volunteer,

8-23

or agent of a compassion center caregiver cardholder or a compassion center cardholder who fails

8-24

to notify the department of any of these changes is responsible for a civil infraction, punishable

8-25

by a fine of no more than one hundred fifty dollars ($150).

8-26

     (4) When a qualifying patient cardholder or primary caregiver cardholder notifies the

8-27

department of any changes listed in this subsection, the department shall issue the registered

8-28

qualifying patient cardholder and each primary caregiver cardholder a new registry identification

8-29

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

8-30

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

8-31

cardholder notifies the department of any changes listed in this subsection, the department shall

8-32

issue the cardholder a new registry identification card within ten (10) days of receiving the

8-33

updated information and a ten dollar ($10.00) fee.

9-34

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

9-35

cardholder changes his or her primary caregiver, the department shall notify the primary caregiver

9-36

within ten (10) days. The primary caregiver's protections as provided in this chapter as to that

9-37

patient shall expire ten (10) days after notification by the department.

9-38

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

9-39

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

9-40

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

9-41

identification number.

9-42

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

9-43

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

9-44

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

9-45

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

9-46

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

9-47

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

9-48

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

9-49

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

9-50

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

9-51

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

9-52

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

9-53

necessary to perform official duties of the department..

9-54

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

9-55

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

9-56

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

9-57

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

9-58

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

9-59

however, the department shall maintain a twenty-four (24) hour automated verification system for

9-60

law enforcement personnel to verify whether a registry identification card is valid.

9-61

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

9-62

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

9-63

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

9-64

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

9-65

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

9-66

information obtained pursuant to this chapter. Notwithstanding this provision, the department

9-67

employees may notify law enforcement about falsified or fraudulent information submitted to the

9-68

department.

10-1

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

10-2

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

10-3

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

10-4

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

10-5

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

10-6

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

10-7

practitioners providing written certification for qualifying patients;

10-8

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

10-9

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

10-10

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

10-11

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

10-12

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

10-13

this chapter; and

10-14

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

10-15

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

10-16

for marijuana.

10-17

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

10-18

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

10-19

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

10-20

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

10-21

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

10-22

     21-28.6-7. Scope of chapter. -- (a) This chapter shall not permit:

10-23

     (1) Any person to undertake any task under the influence of marijuana, when doing so

10-24

would constitute negligence or professional malpractice;

10-25

     (2) The smoking of marijuana:

10-26

     (i) In a school bus or other form of public transportation;

10-27

     (ii) On any school grounds;

10-28

     (iii) In any correctional facility;

10-29

     (iv) In any public place;

10-30

     (v) In any licensed drug treatment facility in this state; or

10-31

     (vi) Where exposure to the marijuana smoke significantly adversely affects the health,

10-32

safety, or welfare of children.

10-33

     (3) Any person to operate, navigate, or be in actual physical control of any motor vehicle,

10-34

aircraft, or motorboat while under the influence of marijuana. However, a registered qualifying

11-1

patient shall not be considered to be under the influence solely for having marijuana metabolites

11-2

in his or her system.

11-3

     (4) Any person found in violation of the provisions of this subsection (a) shall be subject

11-4

to a fine of up to one thousand dollars ($1,000).

11-5

     (b) Nothing in this chapter shall be construed to require:

11-6

     (1) A government medical assistance program or private health insurer to reimburse a

11-7

person for costs associated with the medical use of marijuana; or

11-8

     (2) An employer to accommodate the medical use of marijuana in any workplace.

11-9

     (c) Fraudulent representation to a law enforcement official of any fact or circumstance

11-10

relating to the medical use of marijuana to avoid arrest or prosecution shall be punishable by a

11-11

fine of five hundred dollars ($500) which shall be in addition to any other penalties that may

11-12

apply for making a false statement for the nonmedical use of marijuana.

11-13

     21-28.6-8. Affirmative defense and dismissal. -- (a) Except as provided in section 21-

11-14

28.6-7, a person and a person's primary caregiver, if any, cardholder may assert the medical

11-15

purpose for using marijuana as a defense to any prosecution involving marijuana, and such

11-16

defense shall be presumed valid where the evidence shows that:

11-17

     (1) The qualifying patient's practitioner has stated that, in the practitioner's professional

11-18

opinion, after having completed a full assessment of the person's medical history and current

11-19

medical condition made in the course of a bona fide practitioner-patient relationship, the potential

11-20

benefits of using marijuana for medical purposes would likely outweigh the health risks for the

11-21

qualifying patient; and The cardholder has been issued a registry identification card at the time of

11-22

the possession in question and the card’s validity has been confirmed by the department; and

11-23

     (2) The person and the person's primary caregiver, if any, were collectively cardholder

11-24

was in possession of a quantity of marijuana that was not more than what is permitted under this

11-25

chapter to ensure the uninterrupted availability of marijuana for the purpose of alleviating the

11-26

person's medical condition or symptoms associated with the medical condition.

11-27

     (b) A person may assert the medical purpose for using marijuana in a motion to dismiss,

11-28

and the charges shall be dismissed following an evidentiary hearing where the defendant shows

11-29

the elements listed in subsection (a) of this section.

11-30

     (c) Any interest in or right to property that was possessed, owned, or used in connection

11-31

with a person's use of marijuana for medical purposes shall not be forfeited if the person or the

11-32

person's primary caregiver demonstrates the person's medical purpose for using marijuana

11-33

pursuant to this section.

12-34

     21-28.6-9. Enforcement. -- (a) If the department fails to adopt regulations to implement

12-35

this chapter within one hundred twenty (120) days of the effective date of this act, a qualifying

12-36

patient may commence an action in a court of competent jurisdiction to compel the department to

12-37

perform the actions mandated pursuant to the provisions of this chapter.

12-38

     (b) If the department fails to issue a valid registry identification card in response to a

12-39

valid application submitted pursuant to this chapter within thirty-five (35) days of its submission,

12-40

the registry identification card shall be deemed granted and a copy of the registry identification

12-41

application shall be deemed valid registry identification card.

12-42

     (c) The department shall revoke and shall not reissue the registry identification card of

12-43

any cardholder who:

12-44

     (1) Willfully violates any of the provisions of this chapter; or

12-45

     (2) Is convicted of, placed on probation, whose case is filed pursuant to section 12-10-12

12-46

where the defendant pleads nolo contendere or whose case is deferred pursuant to section 12-19-

12-47

19 where the defendant pleads nolo contendere for any felony offense under chapter 21-28

12-48

(“Rhode Island Controlled Substances Act”) or a similar offense from any other jurisdiction.

12-49

     (d) Fraudulent representation to a law enforcement official of any fact or circumstance

12-50

relating to the medical use of marijuana to avoid arrest or prosecution shall be a misdemeanor

12-51

subject to imprisonment for up to one year and fine of one thousand dollars ($1,000) or both.

12-52

This shall be in addition to any other penalties that may apply.

12-53

     (e) If a cardholder exceeds the possessions limits set forth in subsection 21-28.6-4(a), he

12-54

or she shall be subject to arrest and prosecution under chapter 21-28 (“Rhode Island Controlled

12-55

Substances Act”).

12-56

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

12-57

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

12-58

section:

12-59

     21-28.6-13. Law enforcement training and curriculum. – The department and the

12-60

department of attorney general may provide training and curriculum to law enforcement agencies

12-61

throughout the state on the provisions of this chapter.

12-62

     SECTION 3. This act shall take effect upon passage.

=======

LC02002

=======

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

***

13-1

     This act would create new registration requirements with the Rhode Island department of

13-2

health in regard to the medicinal use of marijuana. The act would establish and identify the

13-3

position of a “compassion center cardholder,” and would set forth certain procedures to be

13-4

followed by compassion center cardholders, primary care cardholders, and patient cardholders in

13-5

regard to the medical use of marijuana.

13-6

     This act would take effect upon passage.

=======

LC02002

=======