2012 -- S 2555 SUBSTITUTE A

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LC01989/SUB A/2

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

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

SLATER MEDICAL MARIJUANA ACT

     Introduced By: Senators Perry, Miller, Metts, Jabour, and Tassoni

     Date Introduced: February 28, 2012

     Referred To: Senate Health & Human Services

It is enacted by the General Assembly as follows:

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     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-

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

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

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

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

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

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possesses a valid registry identification card.

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

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

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

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

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

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     (3) "Debilitating medical condition" means:

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

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

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

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

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

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

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

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

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provided for in § 21-28.6-5.

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

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

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

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readily observable by an unaided visual examination.

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

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

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

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associated with the medical condition.

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

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

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Massachusetts or Connecticut.

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

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

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

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medical use of marijuana.

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

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

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

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

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

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     (12) “Seedling” means a marijuana plant with no observable flowers or buds.

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

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

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

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

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plant.

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

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

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

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

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

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

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debilitating medical condition or conditions.

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

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

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

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

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

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

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

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

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

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

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

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

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

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compassion center.

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

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

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

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

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

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

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

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

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

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

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registration process.

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

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

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shall not be counted toward the limits in this section.

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

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

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

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

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

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

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condition or symptoms associated with the medical condition.

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

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

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of controlled substances.

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

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

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

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

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

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above, to a registered compassion center if:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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assisting a registered qualifying patient with using or administering marijuana.

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

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

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

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

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substances with a patient.

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

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

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

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

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effect as a registry identification card issued by the department.

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

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

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

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

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department's registration process.

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

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

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

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

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

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

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

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constitute the use of an illicit substance.

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

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

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

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

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

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

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

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

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

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

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

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affirmative defense.

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

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

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

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

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

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

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

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order to reduce the application and renewal fees.

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

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

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department's regulations:

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

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     (2) Application or renewal fee;

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

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the patient is homeless, no address is required;

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

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

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any.

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

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under the age of eighteen (18) unless:

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

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

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legal custody of the qualifying patient; and

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

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

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

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

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medical use of marijuana by the qualifying patient.

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

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

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

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

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

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

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judicial review are vested in the superior court.

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

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

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

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

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

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

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

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

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

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would otherwise have prevented a conviction.

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

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

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Registry identification cards shall contain:

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

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     (2) A random registry identification number; and

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     (3) A photograph; and

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

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

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

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

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

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such change.

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

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

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

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

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apply to the person's nonmedical use of marijuana.

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

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

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

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

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

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one hundred fifty dollars ($150).

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

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

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

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

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

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

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

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

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

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

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days after notification by the department.

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

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

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

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identification number.

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

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

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

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

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

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

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

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

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

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

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

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necessary to perform official duties of the department.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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practitioners providing written certification for qualifying patients;

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

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

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

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

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

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this chapter; and

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

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

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for marijuana.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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in section 21-28.6-12.

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

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

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department shall promulgate regulations governing the manner in which it shall consider

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applications for registration certificates for compassion centers, including regulations governing:

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

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      (ii) Minimum oversight requirements for compassion centers;

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

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     (iv) Minimum security requirements for compassion centers; and

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

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

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subsection.

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

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

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

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

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single compassion center.

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

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

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

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

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

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

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compassion center if a qualified applicant exists.

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

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

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

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qualified applicants exist.

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

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

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

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

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

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compassion centers may hold valid registration certificates at one time.

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     (9) Any compassion center application selected for approval by the department prior to

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

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chapter to the contrary, and 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

     (c) Compassion center and agent applications and registration:

11-12

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

11-13

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

11-14

hundred fifty dollars ($250);

11-15

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

11-16

center;

11-17

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

11-18

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

11-19

second location for the cultivation of medical marijuana;

11-20

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

11-21

marijuana;

11-22

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

11-23

the compassion center;

11-24

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

11-25

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

11-26

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

11-27

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

11-28

prevention techniques; and

11-29

      (vii) Proposed procedures to ensure accurate record keeping;

11-30

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

11-31

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

11-32

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

11-33

applicants would be located;

12-34

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

12-35

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

12-36

limited to, the following factors:

12-37

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

12-38

centers if the applicant were approved;

12-39

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

12-40

in the state;

12-41

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

12-42

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

12-43

registration certificate;

12-44

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

12-45

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

12-46

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

12-47

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

12-48

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

12-49

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

12-50

location, security devices employed, and staffing;

12-51

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

12-52

the following to the department:

12-53

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

12-54

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

12-55

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

12-56

for the secure cultivation of marijuana;

12-57

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

12-58

the compassion center;

12-59

      (v) The name, address, and date of birth of any person who will be an agent of or

12-60

employed by, employee or volunteer of the compassion center at its inception;

12-61

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

12-62

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

12-63

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

12-64

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

12-65

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

12-66

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

12-67

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

12-68

be issued more frequently than twice each week;

13-1

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

13-2

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

13-3

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

13-4

date of birth,; and a fee in an amount established by the department.; and notification to the

13-5

department by the state police that the registry identification card applicant has not been

13-6

convicted of a felony drug offense or has not entered a plea of nolo contendere for a felony drug

13-7

offense and received a sentence of probation. Each card shall specify that the cardholder is a

13-8

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

13-9

contain the following:

13-10

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

13-11

volunteer or employee;

13-12

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

13-13

member, agent, volunteer or employee is affiliated;

13-14

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

13-15

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

13-16

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

13-17

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

13-18

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

13-19

compassion center who has been convicted of a felony drug offense or has entered a plea of nolo

13-20

contendere for a felony drug offense and received a sentence of probation. The department may

13-21

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

13-22

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

13-23

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

13-24

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

13-25

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

13-26

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

13-27

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

13-28

would otherwise have prevented a conviction;

13-29

      (i) All registry identification card applicants shall apply to the state police for a criminal

13-30

background check with fingerprints. Upon the discovery of a felony drug offense conviction or a

13-31

plea of nolo contendere for a felony drug offense with a sentence of probation, and in accordance

13-32

with the rules promulgated by the director, the state police shall inform the applicant, in writing,

13-33

of the nature of the felony and the state police shall notify the department, in writing, without

13-34

disclosing the nature of the felony, that a felony drug offense conviction or a plea of nolo

14-1

contendere for a felony drug offense with probation has been found.

14-2

     (ii) In those situations in which no felony drug offense conviction or plea of nolo

14-3

contendere for a felony drug offense with probation has been found, the state police shall inform

14-4

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

14-5

     (iii) All registry identification card applicants shall be responsible for any expense

14-6

associated with the criminal background check with fingerprints.

14-7

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

14-8

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

14-9

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

14-10

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

14-11

occurs first.

14-12

      (d) Expiration or termination of compassion center:

14-13

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

14-14

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

14-15

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

14-16

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

14-17

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

14-18

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

14-19

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

14-20

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

14-21

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

14-22

chapter;

14-23

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

14-24

pursuant to subsection (4)(j), indicates that the compassion center is adequately providing patients

14-25

with access to medical marijuana at reasonable rates; and

14-26

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

14-27

pursuant to subsection (4)(j), does not raise serious concerns about the continued operation of the

14-28

compassion center applying for renewal.

14-29

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

14-30

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

14-31

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

14-32

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

14-33

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

14-34

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

15-1

expire if the following conditions are all satisfied:

15-2

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

15-3

yet come to a decision;

15-4

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

15-5

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

15-6

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

15-7

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

15-8

compassion center:

15-9

     (i) Possesses an amount of marijuana exceeding the limits established by this chapter;

15-10

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

15-11

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

15-12

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

15-13

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

15-14

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

15-15

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

15-16

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

15-17

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

15-18

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

15-19

confidentiality.

15-20

      (f) Compassion center requirements:

15-21

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

15-22

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

15-23

Internal Revenue Services;

15-24

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

15-25

feet (1,000’) of the property line of a preexisting public or private school;

15-26

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

15-27

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

15-28

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

15-29

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

15-30

person;

15-31

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

15-32

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

15-33

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

15-34

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

16-1

the compassion center;

16-2

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

16-3

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

16-4

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

16-5

shall request that the Rhode Island state police visit the compassion center to inspect the security

16-6

of the facility and make any recommendations regarding the security of the facility and its

16-7

personnel within ten (10) days prior to the initial opening of each compassion center. Said

16-8

recommendations shall not be binding upon any compassion center, nor shall the lack of

16-9

implementation of said recommendations delay or prevent the opening or operation of any center.

16-10

If the Rhode Island state police do not inspect the compassion center within the ten (10) day

16-11

period there shall be no delay in the compassion center’s opening.

16-12

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

16-13

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

16-14

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

16-15

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

16-16

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

16-17

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

16-18

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

16-19

the state of Rhode Island;

16-20

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

16-21

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

16-22

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

16-23

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

16-24

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

16-25

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

16-26

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

16-27

qualification qualifications, and supervision; and

16-28

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

16-29

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

16-30

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

16-31

any disciplinary action taken;

16-32

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

16-33

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

16-34

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

17-1

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

17-2

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

17-3

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

17-4

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

17-5

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

17-6

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

17-7

robbery or violent accident;

17-8

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

17-9

volunteer and have employees and volunteers sign a statement indicating the date, time, and place

17-10

the employee and volunteer received said training and topics discussed, to include name and title

17-11

of presenters. The compassion center shall maintain documentation of an employee's and a

17-12

volunteer's training for a period of at least six (6) months after termination of an employee's

17-13

employment or the volunteer's volunteering.

17-14

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

17-15

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

17-16

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

17-17

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

17-18

caregiver during a fifteen (15) day period;

17-19

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

17-20

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

17-21

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

17-22

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

17-23

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

17-24

C. Slater Medical Marijuana Act.

17-25

      (h) Immunity:

17-26

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

17-27

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

17-28

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

17-29

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

17-30

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

17-31

registration process with the medical use of marijuana;

17-32

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

17-33

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

17-34

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

18-1

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

18-2

department to another registered compassion center;

18-3

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

18-4

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

18-5

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

18-6

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

18-7

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

18-8

     (4) No state employee shall be subject to arrest, prosecution or penalty in any manner, or

18-9

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

18-10

termination, or loss of employee or pension benefits, for any and all conduct that occurs within

18-11

the scope of his or her employment regarding the administration, execution and/or enforcement of

18-12

this act, and the provisions of Rhode Island general laws, sections 9-31-8 and 9-31-9 shall be

18-13

applicable to this section.

18-14

      (i) Prohibitions:

18-15

      (1) A compassion center may shall not possess an amount of marijuana at any given time

18-16

that exceeds the following limitations: total of the allowable amount of marijuana for the

18-17

registered qualifying patients for whom the compassion center is a registered primary caregiver;

18-18

     (i) One hundred fifty (150) marijuana plants of which no more than ninety-nine (99) shall

18-19

be mature; and

18-20

     (ii) One thousand five hundred ounces (1500 oz.) of usable marijuana.

18-21

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

18-22

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

18-23

caregiver or to such patient's other primary caregiver;

18-24

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

18-25

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

18-26

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

18-27

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

18-28

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

18-29

revoked immediately; and

18-30

     (4)(5) No person who has been convicted of a felony drug offense or has entered a plea of

18-31

nolo contendere for a felony drug offense with a sentence or probation may be the principal

18-32

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

18-33

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

18-34

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

19-1

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

19-2

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

19-3

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

19-4

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

19-5

misdemeanor:

19-6

      (j) Legislative oversight committee:

19-7

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

19-8

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

19-9

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

19-10

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

19-11

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

19-12

list provided by the Rhode Island patient advocacy coalition; and the superintendent of the Rhode

19-13

Island state police or his/her designee and one representative of the law enforcement community.

19-14

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

19-15

evaluating and making recommendations to the general assembly regarding:

19-16

      (i) Patients' access to medical marijuana;

19-17

      (ii) Efficacy of compassion center;

19-18

      (iii) Physician participation in the Medical Marijuana Program;

19-19

      (iv) The definition of qualifying medical condition;

19-20

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

19-21

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

19-22

report to the general assembly on its findings.

19-23

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

19-24

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

19-25

section:

19-26

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

19-27

the purposes thereof.

19-28

     SECTION 3. This act shall take effect upon passage.

=======

LC01989/SUB A/2

========

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 add restrictions to the medical marijuana compassion center program,

20-2

including provisions to limit the amount of marijuana that a center may possess and to add a

20-3

required criminal background check of operators and employees of the centers.

20-4

     This act would take effect upon passage.

=======

LC01989/SUB A/2

=======