2012 -- S 2783 | |
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LC02008 | |
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STATE OF RHODE ISLAND | |
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IN GENERAL ASSEMBLY | |
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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 | |
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     Introduced By: Senators Perry, DeVall, Nesselbush, Metts, and Sosnowski | |
     Date Introduced: March 15, 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, 21-28.6-7, 21-28.6-8 |
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and 21-28.6-9 of the General Laws in Chapter 21-28.6 entitled "The Edward O. Hawkins and |
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Thomas 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 |
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department and has been issued and possesses a valid registry identification card. |
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     (2)(i) "Compassion center" means a not-for-profit entity registered under section 21-28.6- |
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12 that acquires, possesses, cultivates, manufactures, delivers, transfers, transports, supplies or |
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dispenses marijuana, or related supplies and educational materials, to registered qualifying |
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patients and their registered primary caregivers who have designated it as one of their primary |
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caregivers. |
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     (ii) “Compassion center cardholder” means a principal officer, board member, employee, |
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volunteer, or agent of a compassion center who has registered with the department and has been |
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issued and possesses a valid registry identification card. |
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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 section 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 section 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 |
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condition or symptoms 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 natural |
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primary caregiver may assist no more than five (5) qualifying patients with their medical use of |
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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) "Unusable marijuana" means marijuana seeds, stalks, seedlings, and unusable roots. |
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"Seedling" means a marijuana plant with no observable flowers or buds. |
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     (13) "Usable marijuana" means the dried leaves and flowers of the marijuana plant, and |
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any mixture or preparation thereof, but does not include the seeds, stalks, and roots of the plant. |
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     (14) "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 |
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cardholder who has in his or her possession a registry identification card shall not be subject to |
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arrest, prosecution, or penalty in any manner, or denied any right or privilege, including but not |
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limited to, civil penalty or disciplinary action by a business or occupational or professional |
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licensing board or bureau, for the medical use of marijuana; provided, that |
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     (1) A patient cardholder possesses an amount of marijuana that does not exceed twelve |
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(12) mature marijuana plants and two and one-half (2.5) ounces of usable marijuana; |
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     (2) A primary caregiver cardholder 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. However, no primary caregiver cardholder, other than a compassion center, |
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shall 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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     (3) All mature marijuana plants possessed are stored in an indoor facility; |
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     (4) No more than two (2) cardholders shall possess, cultivate or manufacture marijuana in |
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the same residence; and |
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     (5) No more than two (2) cardholders may participate in the cooperative possession, |
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cultivation or manufacture of marijuana in the same non-residence location. All non-cohabitating |
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cardholders who participate in the cooperative possession, cultivation or manufacture of |
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marijuana in the same non-residence location shall register that location with the department. |
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The registered location shall be subject to inspection by the department. |
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     (b) No school, employer or landlord may refuse to enroll, employ or lease to or otherwise |
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penalize a person solely for his or her status as a cardholder. |
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     (c) |
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     (d) |
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allowed to possess a reasonable amount of unusable marijuana, including up to twelve (12) |
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seedlings, which shall not be counted toward the limits in this section. |
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     (e) |
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     (f) A primary caregiver cardholder may receive reimbursement for costs associated with |
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assisting a |
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Compensation shall not constitute sale of controlled substances. |
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     (g) A practitioner 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 |
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the Rhode Island Board of Medical Licensure and Discipline or by any another business or |
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occupational or professional licensing board or bureau solely for providing written certifications |
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or for otherwise stating that, in the practitioner's professional opinion, the potential benefits of the |
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medical marijuana would likely outweigh the health risks for a patient. |
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     (h) 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) 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) A practitioner nurse or pharmacist shall not be subject to arrest, prosecution or penalty |
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in any manner, or denied any right or privilege, including, but not limited to, civil penalty or |
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disciplinary action by a business or occupational or professional licensing board or bureau solely |
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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) |
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     (l) |
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     (m) A |
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marijuana to another |
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whom they are not connected by the department's registration process, provided that no |
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consideration is paid for the marijuana, and that the recipient does not exceed the limits specified |
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in section 21-28.6-4. |
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     (n) For the purposes of medical care, including organ transplants, a |
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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. The denial of a petition shall not prevent |
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a person with the denied condition from raising an 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 primary caregiver's income. The department may accept donations from private |
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sources in 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 section 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; |
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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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     (6) Proof of Rhode Island residency for no less than six (6) months of a one year period. |
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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 |
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caregiver, if any, who is named in a qualifying patient's approved application, up to a maximum |
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of two (2) primary caregivers per qualifying patient. |
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     (1) The primary caregiver applicant shall apply to the bureau of criminal identification of |
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the department of attorney general, state police or local police department for a national criminal |
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records check that shall include fingerprints submitted to the FBI. Upon the discovery of any |
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disqualifying information as defined in subdivision 21-28.6-6(d)(4), and in accordance with the |
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rules promulgated by the director, the bureau of criminal identification of the department of |
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attorney general, state police or the local police department shall inform the applicant, in writing, |
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of the nature of the disqualifying information; and, without disclosing the nature of the |
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disqualifying information, shall notify the department, in writing, that disqualifying information |
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has been discovered. |
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     (2) In those situations in which no disqualifying information has been found, the bureau |
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of criminal identification of the department of attorney general, state police or the local police |
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shall inform the applicant and the department, in writing, of this fact. |
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     (3) The department shall maintain on file evidence that criminal records checks have |
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been initiated on all applicants seeking a primary caregiver registry identification card and the |
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results of the checks. |
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     (4) Information produced by a criminal records review pertaining to a conviction for any |
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felony offense under chapter 21-28 ("Rhode Island Controlled Substances Act") or a similar |
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offense from any other jurisdiction shall result in a letter to the applicant and the department |
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disqualifying the applicant. |
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     (5) The primary caregiver applicant shall be responsible for any expense associated with |
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the national criminal records check. |
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     (6) For purposes of this section "conviction" means, in addition to judgments of |
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conviction entered by a court subsequent to a finding of guilty or a plea of guilty, those instances |
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where the defendant has entered a plea of nolo contendere and has received a sentence of |
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probation and those instances where a defendant has entered into a deferred sentence agreement |
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with the attorney general. |
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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; |
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     (3) A photograph; |
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     (4) Any additional information as required by regulation or the department |
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     (5) The name of the cardholder. |
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     (f) Persons issued registry identification cards shall be subject to the following: |
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     (1) A |
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cardholder shall notify the department of any change in the qualifying patient's name, address, or |
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primary caregiver; or if |
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medical condition, within ten (10) days of such change. |
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     (2) A |
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these changes is responsible for a civil infraction, punishable by a fine of no more than one |
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hundred fifty dollars ($150). If the |
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debilitating medical condition, the card shall be deemed null and void and the person shall be |
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liable for any other penalties that may apply to the person's nonmedical use of marijuana. |
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     (3) A |
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cardholder shall notify the department of any change in his or her name or address within ten (10) |
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days of such change. A |
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to notify the department of any of these changes is responsible for a civil infraction, punishable |
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by a fine of no more than one hundred fifty dollars ($150). |
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     (4) When a |
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department of any changes listed in this subsection, the department shall issue the |
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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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When a |
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cardholder notifies the department of any changes listed in this subsection, the department shall |
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issue the cardholder 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. |
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     (5) When a |
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cardholder changes his or her primary caregiver, the department shall notify the primary caregiver |
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within ten (10) days. The primary caregiver's protections as provided in this chapter as to that |
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patient shall expire ten (10) 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) |
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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 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. Provided, |
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however, the department shall maintain a twenty-four (24) hour automated verification system for |
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law enforcement personnel to verify whether a registry identification card is valid. |
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one thousand dollar ($1,000) fine, for any person, including an employee or official of the |
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department or another state agency or local government, to breach the confidentiality of |
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information obtained pursuant to this chapter. Notwithstanding this provision, the department |
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employees may notify law enforcement about falsified or fraudulent information submitted to the |
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department. |
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the House Committee on Health, Education and Welfare and to the Senate Committee on Health |
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and 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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     21-28.6-7. Scope of chapter. -- (a) This chapter shall not permit: |
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     (1) Any person to undertake any task under the influence of marijuana, when doing so |
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would constitute negligence or professional malpractice; |
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     (2) The smoking of marijuana: |
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     (i) In a school bus or other form of public transportation; |
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     (ii) On any school grounds; |
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     (iii) In any correctional facility; |
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     (iv) In any public place; |
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     (v) In any licensed drug treatment facility in this state; or |
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     (vi) Where exposure to the marijuana smoke significantly adversely affects the health, |
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safety, or welfare of children. |
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     (3) Any person to operate, navigate, or be in actual physical control of any motor vehicle, |
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aircraft, or motorboat while under the influence of marijuana. However, a registered qualifying |
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patient shall not be considered to be under the influence solely for having marijuana metabolites |
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in his or her system. |
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     (4) Any person found in violation of the provisions of this subsection (a) shall be subject |
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to a fine of up to one thousand dollars ($1,000). |
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     (b) Nothing in this chapter shall be construed to require: |
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     (1) A government medical assistance program or private health insurer to reimburse a |
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person for costs associated with the medical use of marijuana; or |
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     (2) An employer to accommodate the medical use of marijuana in any workplace. |
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     (c) |
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     21-28.6-8. Affirmative defense and dismissal. -- (a) Except as provided in section 21- |
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28.6-7, a |
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purpose for using marijuana as a defense to any prosecution involving marijuana, and such |
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defense shall be presumed valid where the evidence shows that: |
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     (1) |
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the possession in question and the card’s validity has been confirmed by the department; and |
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     (2) The |
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was in possession of a quantity of marijuana that was not more than what is permitted under this |
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chapter |
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     (b) A person may assert the medical purpose for using marijuana in a motion to dismiss, |
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and the charges shall be dismissed following an evidentiary hearing where the defendant shows |
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the elements listed in subsection (a) of this section. |
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     (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. |
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     (c) The department shall revoke and shall not reissue the registry identification card of |
12-43 |
any cardholder who: |
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     (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 |
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(“Rhode Island Controlled Substances Act”) or a similar offense from any other jurisdiction. |
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     (d) Fraudulent representation to a law enforcement official of any fact or circumstance |
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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. |
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This shall be in addition to any other penalties that may apply. |
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     (e) If a cardholder exceeds the possessions limits set forth in subsection 21-28.6-4(a), he |
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or she shall be subject to arrest and prosecution under chapter 21-28 (“Rhode Island Controlled |
12-55 |
Substances Act”). |
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     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: |
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     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. |
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     SECTION 3. This act shall take effect upon passage. |
      | |
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LC02008 | |
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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. |
      | |
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LC02008 | |
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