2014 -- H 7981

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LC005165

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2014

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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: Representative Scott Slater

     Date Introduced: March 26, 2014

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 21-28.6-3 of the General Laws in Chapter 21-28.6 entitled "The

Edward O. Hawkins and Thomas C. Slater Medical Marijuana Act" is hereby amended to read as

follows:

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

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

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

possesses a valid registry identification card.

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

chapter 7-6, and registered under section 21-28.6-12 that acquires, possesses, cultivates,

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

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

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

      (3) "Debilitating medical condition" means:

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

immune deficiency syndrome, Hepatitis C, post-traumatic stress disorder, or the treatment of

these conditions;

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

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

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

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

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

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

provided for in section 21-28.6-5.

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

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

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

readily observable by an unaided visual examination.

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

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

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

associated with the medical condition.

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

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

Massachusetts or Connecticut.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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debilitating medical condition or conditions.

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

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

department's regulations:

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

      (2) Application or renewal fee;

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

the patient is homeless, no address is required;

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

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

if any.

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

under the age of eighteen (18) unless:

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

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

legal custody of the qualifying patient; and

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

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

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

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

medical use of marijuana by the qualifying patient.

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

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

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

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

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

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

judicial review are vested in the superior court.

     (d) If the qualifying patient’s practitioner notifies the department in a written statement

that the qualifying patient is eligible for hospice care, the department shall verify the application

information in accordance with subsection (c) and issue a registry identification card to the

qualifying patient and primary caregivers named in the patient’s application within seventy-two

(72) hours of receipt of the completed application. The department shall not charge a registration

fee to the patient or caregivers named in the application.

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

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

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

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

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

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

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

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

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

Marijuana Act would otherwise have prevented a conviction.

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

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

Registry identification cards shall contain:

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

      (2) A random registry identification number; and

      (3) A photograph; and

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

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

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

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

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

such change.

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

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

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

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

apply to the person's nonmedical use of marijuana.

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

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

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

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

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

more than one hundred fifty dollars ($150).

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

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

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

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

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

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

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

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

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

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

days after notification by the department.

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

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

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

identification number.

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

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

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

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

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

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

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

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

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

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

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

necessary to perform official duties of the department.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

department.

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

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

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

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

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

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

practitioners providing written certification for qualifying patients;

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

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

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

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

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

this chapter; and

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

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

for marijuana.

     SECTION 2. This act shall take effect upon passage.

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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

***

     This act would add post-traumatic stress disorder to the definition of "debilitating

medical condition" for purposes of qualifying for medical marijuana. It would also accelerate the

issuance of an approved medical marijuana use application if the patient is eligible for hospice

care.

     This act would take effect upon passage.

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