2013 -- S 0558

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LC01588

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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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: Senator Maryellen Goodwin

     Date Introduced: February 28, 2013

     Referred To: Senate Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Chapter 21-28.6 of the General Laws entitled "The Edward O. Hawkins and

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

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sections:

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     21-28.6-14. Certificate for the cultivation of medical marijuana. -- (a) Any

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cardholder, who is not a compassion center cardholder, must receive a cultivation certificate from

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the department to cultivate marijuana.

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     (b) A cardholder may apply for a cultivation certificate to cultivate medical marijuana for

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themselves or their patients. A cardholder may obtain no more than one cultivation certificate,

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which certificate may be issued for cultivation to occur in no more than one single location,

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which shall be either the cardholder’s primary residence, or other property owned by the

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cardholder. Only one cultivation certificate may be issued for a given location, absent proof that

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more than one cardholder currently resides at the location. Multiple cultivation certificates may

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not be issued for non-residential locations.

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     (c) A cardholder shall provide the following in order to be considered for a cultivation

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certificate:

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     (1) An appropriate non-refundable application fee;

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     (2) A description of the single indoor location that shall be used in the cultivation of

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medical marijuana;

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     (3) A written plan that ensures that the medical marijuana cultivation shall not be visible

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from the street or other public areas;

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     (4) A description of any device or series of devices that may be used to provide security

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and proof of the secure grounds;

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     (5) Documentation from the municipality where the single location is located that the

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location and the cultivation is in compliance with any applicable state or municipal housing and

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zoning codes; and

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     (6) A written acknowledgement of the limitations of the right to use and possess

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marijuana for medical purposes in Rhode Island.

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     (d) Such certificate shall expire within one year of issuance. A cardholder who has been

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issued a cultivation certificate shall apply for renewal of their certificate no less than thirty (30)

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days prior to the expiration of the certificate by submitting a renewal application to the

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department. A renewal application must include a fee and updated information as required in

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subsection (c).

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     (e) A certificate shall expire at 11:59 p.m. on the day indicated on the certificate as the

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expiration date, unless the certificate was renewed at an earlier date, suspended or revoked.

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     (f) The cardholder shall maintain the certificate prominently at the cultivation location

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and be able to produce the certificate immediately upon request by the department or law

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enforcement.

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     (g) Any violation of any provision of this chapter may result in the immediate revocation

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of the cultivation certificate.

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     (h) Cardholders who have been granted a cultivation certificate shall not collectively

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cultivate with any other cardholders who have been issued a cultivation certificate unless there is

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evidence that they reside at the same location.

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     21-28.6-15. Application fees. -- Any application fee for patient cardholders, caregiver

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cardholders and cultivation certificates shall be retained by the department for adequate

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regulation of this program.

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     SECTION 2. Sections 21-28.6-2, 21-28.6-3, 21-28.6-4, 21-28.6-5, 21-28.6-6, 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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     21-28.6-2. Legislative findings. -- The general assembly finds and declares that:

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      (1) Modern medical research has discovered beneficial uses for marijuana in treating or

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alleviating pain, nausea and other symptoms associated with certain debilitating medical

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conditions, as found by the National Academy of Sciences' Institute of Medicine in March 1999.

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      (2) According to the U.S. Sentencing Commission and the Federal Bureau of

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Investigation, ninety-nine (99) out of every one hundred (100) marijuana arrests in the United

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States are made under state law, rather than under federal law. Consequently, changing state law

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will have the practical effect of protecting from arrest the vast majority of seriously ill people

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who have a medical need to use marijuana.

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      (3) Although federal law currently prohibits any use of marijuana, the laws of Alaska,

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California, Colorado, Hawaii, Maine, Montana, Nevada, Oregon, Vermont, and Washington

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permit the medical use and cultivation of marijuana. Rhode Island joins in this effort for the

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health and welfare of its citizens.

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      (4) States are not required to enforce federal law or prosecute people for engaging in

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activities prohibited by federal law. Therefore, compliance with this chapter does not put the state

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of Rhode Island in violation of federal law.

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      (5) State law should make a distinction between the medical and nonmedical use of

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marijuana. Hence, the purpose of this chapter is to protect patients with debilitating medical

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conditions, and their physicians and primary caregivers, from arrest and prosecution, criminal and

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other penalties, and property forfeiture if such patients engage in the medical use of marijuana.

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      (6) The general assembly enacts this chapter pursuant to its police power to enact

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legislation for the protection of the health of its citizens, as reserved to the state in the Tenth

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Amendment of the United States Constitution.

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     (7) It is in the state's interests of public safety, public welfare and the integrity of the

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medical marijuana program to ensure that the possession and cultivation of marijuana for the sole

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purpose of medical use for alleviating symptoms caused by debilitating medical conditions is

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adequately regulated.

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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, or a primary caregiver, or a principal

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

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with the 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 corporation subject to the provisions

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of chapter 7-6, and registered under section 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 patient cardholder's and/or

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their registered primary caregivers caregiver cardholders who have designated it as one of their

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primary 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 care.

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     (3) "Cultivation certificate" means a certificate issued by the department that allows that

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the cardholder to cultivate medical marijuana pursuant to this chapter.

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      (3)(4) "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)(5) "Department" means the Rhode Island department of health or its successor

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agency.

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

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

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are readily observable by an unaided visual examination.

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      (7)(8) "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 patient cardholder's debilitating medical

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condition or symptoms associated with the medical condition.

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      (8)(9) "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)(10) "Primary caregiver" means either a natural person who is at least twenty-one (21)

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years old or a compassion center. A natural person primary caregiver may assist no more than

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five (5) qualifying patients with their medical use of marijuana.

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

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

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      (11)(12) "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)(13) "Seedling" means a marijuana plant with no observable flowers or buds.

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

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roots.

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      (14)(15) "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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      (15)(16) "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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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 the qualifying patient

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cardholder patient possesses an amount of marijuana that does not exceed twelve (12) mature

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marijuana plants and two and one-half (2.5) five (5) ounces of usable marijuana. Said plants shall

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be stored in an indoor facility. If the patient cardholder has been issued a cultivation certificate as

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provided in section 21-28.6-14, the patient cardholder may possess up to six (6) mature marijuana

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plants.

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      (b) A registered qualifying patient cardholder, 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 cardholder.

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      (c) 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. Provided, however, due to the safety

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and welfare concern for other tenants, the property, and the public, as a whole, a landlord may

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have the discretion not to lease or continue to least to a cardholder who cultivates marijuana in

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the leased premises.

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      (d) A primary caregiver cardholder, 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 assisting a qualifying

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patient cardholder to whom he or she is connected through the department's registration process

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with the medical use of marijuana; provided, that the primary caregiver cardholder possesses an

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

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one-half (2.5) five (5) ounces of usable marijuana for each qualifying patient cardholder to whom

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he or she is connected through the department's registration process.

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     If the primary caregiver cardholder has been issued a cultivation certificate as provided in

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section 21-28.6-14, they may possess up to six (6) mature marijuana plants for each patient

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cardholder to whom he or she is connected through the department's registration process, subject

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to the possession limits in subsection 21-28.6-4(n).

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

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

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(6) seedlings, if the cardholder has been issued a cultivation certificate as provided in section 21-

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28.6-14 which shall not be counted toward the limits in this section.

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

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cardholder is engaged in the medical use of marijuana if the qualifying patient or primary

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caregiver cardholder:

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

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

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Compensation shall not constitute sale of controlled substances.

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

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possession a registry identification card shall not be subject to arrest, prosecution, or penalty in

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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, for

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selling, giving, or distributing marijuana, of the type and in an amount not to exceed that set forth

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in subsection (d) above, to a registered compassion center cardholder if:

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

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

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      (2) Each qualified patient cardholder the caregiver cardholder is connected with through

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the department's registration process has been provided an adequate amount of the marijuana to

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meet his or her medical needs, not to exceed the limits of subsection (a) above.

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      (i) 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 other 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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      (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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      (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 cardholder with using or administering marijuana.

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

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4(e), no primary caregiver cardholder other than a compassion center shall possess an amount of

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marijuana in excess of twenty-four (24) marijuana plants and five (5) ten (10) ounces of usable

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marijuana for qualifying patients patient cardholders to whom he or she is connected through the

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department's registration process. If the primary caregiver cardholder has been issued a

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cultivation certificate as provided in section 21-28.6-14, they may possess no more than up to

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twelve (12) mature marijuana plants, for patient cardholders to whom he or she is connected

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through the department's registration process.

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

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

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

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patient's patient cardholder'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) 21-

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28.6-3(4). The denial of a petition shall not prevent a person with the denied condition from

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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 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 section 21-28.6-3(14) subsection 21-28.6-3(16) of

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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,

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if 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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     (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 Federal Bureau of Investigation.

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Upon the discovery of any disqualifying information as defined in subdivision 21-28.6-6(d)(4),

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and in accordance with the rules promulgated by the director, the bureau of criminal identification

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of the department of attorney general, state police or the local police department shall inform the

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applicant, in writing, of the nature of the disqualifying information; and, without disclosing the

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

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information 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 a criminal records check has been

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

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of the checks.

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     (4) Information produced by a criminal records check 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. If disqualifying information has been found, the department may use

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their discretion to issue a primary caregiver card if the applicant’s connected patient is an

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immediate family member and the card is restricted to that patient only.

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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; 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 patient

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cardholder shall notify the department of any change in the qualifying patient's patient

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cardholder's name, address, or primary caregiver; or if the qualifying patient he or she ceases to

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have his or her debilitating medical condition, within ten (10) days of such change.

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

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of 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 person patient cardholder has ceased to suffer from a

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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 registered primary caregiver, principal officer, board member, employee,

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

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

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such change. A primary caregiver, principal officer, board member, employee, volunteer, or agent

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of a compassion center caregiver cardholder or compassion center cardholder who fails to notify

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the department of any of these changes is responsible for a civil infraction, punishable by a fine of

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no more than one hundred fifty dollars ($150).

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

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

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qualifying patient cardholder and each primary caregiver 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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When a principal officer, board member, employee, volunteer, or agent of a compassion center

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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 qualifying patient who possesses a registry identification card patient

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

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cardholder within ten (10) days. The primary caregiver's caregiver cardholder's protections as

11-64

provided in this chapter as to that patient shall expire ten (10) days after notification by the

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department.

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     If the primary caregiver cardholder is connect to no other patient cardholders in the

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program, he or she must return his or her registry identification card to 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 and pursuant to subsection (i).

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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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      (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) Notwithstanding subsection (h), the The department shall verify to law enforcement

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personnel whether a registry identification card is valid solely by confirming the random registry

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identification number maintain a twenty-four (24) hour automated verification system for law

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enforcement personnel to verify the validity of a cardholder by confirming a random registry

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number, name or address.

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

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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

13-1

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

13-2

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

13-17

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

13-18

for marijuana.

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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 person and a person's primary caregiver, if any, a qualifying patient may assert the

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

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such defense shall be presumed valid where the evidence shows that:

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

13-24

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

13-25

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

13-26

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

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qualifying patient; and

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

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

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under this chapter to ensure the uninterrupted availability of marijuana for the purpose of

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

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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

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

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the person or the person's primary caregiver qualifying patient demonstrates the person's

14-4

qualifying patient's medical purpose for using marijuana pursuant to this section.

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

14-6

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

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

14-8

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

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

14-10

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

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

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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

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any cardholder who is convicted of, placed on probation, whose case is filed pursuant to section

14-15

12-10-12 where the defendant pleads nolo contendere or whose case is deferred pursuant to

14-16

section 12-19-19 where the defendant pleads nolo contendere for any felony offense under

14-17

chapter 21-28 ("Rhode Island Controlled Substances Act") or a similar offense from any other

14-18

jurisdiction.

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     (d) If a cardholder exceeds the possessions limits set forth in section 21-28.6-4 or

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cultivates marijuana without a cultivation certificate, he or she shall be subject to arrest and

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prosecution under chapter 21-28 ("Rhode Island Controlled Substances Act").

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     SECTION 3. This act shall take effect upon passage.

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LC01588

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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

***

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     This act would make various changes to the medical marijuana act.

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     This act would take effect upon passage.

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LC01588

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