2014 -- S 2566

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LC004446

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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: Senator Maryellen Goodwin

     Date Introduced: February 27, 2014

     Referred To: Senate Judiciary

     (Attorney General)

It is enacted by the General Assembly as follows:

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

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

sections:

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

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

the department to cultivate marijuana.

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

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

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

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

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

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

not be issued for non-residential locations.

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

certificate:

     (1) An appropriate non-refundable application fee;

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

medical marijuana;

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

from the street or other public areas;

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

and proof of the secure grounds;

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

location and the cultivation has been inspected by the municipal building and/or zoning official

and the municipal fire department and is in compliance with any applicable state or municipal

housing and zoning codes; and

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

marijuana for medical purposes in Rhode Island.

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

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

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

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

subsection (c) of this section.

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

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

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

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

enforcement.

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

of the cultivation certificate.

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

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

evidence that they reside at the same location.

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

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

regulation of this program.

     SECTION 2. Sections 21-28.6-2, 21-28.6-3, 21-28.6-4, 21-28.6-6, 21-28.6-8, 21-28.6-9

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

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

     21-28.6-2. Legislative findings. -- The general assembly finds and declares that:

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

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.

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

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

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

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

who have a medical need to use marijuana.

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

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

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

health and welfare of its citizens.

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

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

of Rhode Island in violation of federal law.

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

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

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

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

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

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

Amendment of the United States Constitution.

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

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

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

adequately regulated.

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

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

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

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

      (2)(i) "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 patient cardholders and/or

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

primary caregivers.

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

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

issued and possesses a valid registry identification card.

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

cardholder to cultivate medical marijuana pursuant to this chapter.

     (3)(4) "Debilitating medical condition" means:

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

immune deficiency syndrome, Hepatitis C, 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)(5) "Department" means the Rhode Island department of health or its successor

agency.

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

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

are readily observable by an unaided visual examination.

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

condition or symptoms associated with the medical condition.

      (8)(9) "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)(10) "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)(11) "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)(12) "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

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

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

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

roots.

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

and any mixture or preparation thereof, including freshly harvested wet marijuana, but does not

include the seeds, stalks, and roots of the plant.

      (15)(16) "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

debilitating medical condition or conditions.

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

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

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

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

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

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

plants and two and one-half (2.5) ounces five (5) ounces of usable marijuana. If the patient

cardholder has been issued a cultivation certificate as provided in § 21-28.6-14, the patient

cardholder may possess up to three (3) mature marijuana plants. Said plants shall be stored in an

indoor facility.

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

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

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

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

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

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

compassion center cardholder.

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

penalize a person solely for his or her status as a cardholder. Provided, however, due to the safety

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 lease to a cardholder who cultivates marijuana in

the leased premises.

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

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

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

business or occupational or professional licensing board or bureau, for assisting a qualifying

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

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

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

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

to whom he or she is connected through the department's registration process. If the primary

caregiver cardholder has been issued a cultivation certificate as provided in § 21-28.6-14, they

may possess up to three (3) mature marijuana plants for each patient cardholder to whom he or

she is connected through the department's registration process, subject to the possession limits in

§ 21-28.6-4(n).

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

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

three (3) seedlings, if the cardholder has been issued a cultivation certificate as provided in § 21-

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

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

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

caregiver cardholder:

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

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

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

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

condition or symptoms associated with the medical condition.

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

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

Compensation shall not constitute sale of controlled substances.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

assisting a registered qualifying patient cardholder with using or administering marijuana.

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

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

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

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

substances with a patient.

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

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

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

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

effect as a registry identification card issued by the department.

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

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

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

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

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

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a cultivation certificate as provided in § 21-28.6-14, they may possess no more than up to six (6)

mature marijuana plants, for patient cardholders to whom he or she is connected through the

department’s registration process.

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

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

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

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

in section 21-28.6-4.

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

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

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

constitute the use of an illicit substance.

     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) § 21-28.6-3(16) 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

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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) 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.

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

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

records check that shall include fingerprints submitted to the Federal Bureau of Investigation.

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

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

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

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

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

information has been discovered.

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

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

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

     (3) The department shall maintain on file evidence that a criminal records check has been

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

of the checks.

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

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

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

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

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

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

the national criminal records check.

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

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

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

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

with the attorney general.

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

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

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

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

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

      (2) A registered qualifying patient cardholder 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 patient cardholder 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 caregiver cardholder or compassion center cardholder

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 caregiver cardholder or compassion center cardholder 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).

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

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

qualifying patient cardholder and each primary caregiver cardholder 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

cardholder 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 patient

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

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

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

department. If the primary caregiver cardholder is connected to no other patient cardholders in the

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

section.

      (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

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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

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) Notwithstanding subsection (h) of this section, the The department shall verify to law

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

random registry identification number maintain a twenty four (24) hour automated verification

system for law enforcement personnel to verify the validity of a cardholder by confirming a

random registry number or name and the street address of the location granted a cultivation

certificate under § 21-28.6-14.

      (j) 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) 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

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for marijuana.

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

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

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

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

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

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

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

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

qualifying patient; and

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

application shall be deemed valid registry identification card.

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

any cardholder who is convicted of, placed on probation, whose case is filed pursuant to § 12-10-

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

where the defendant pleads nolo contendere for any felony offense under chapter 21-28 ("Rhode

Island Controlled Substances Act") or a similar offense from any other jurisdiction.

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

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

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

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

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

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

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

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

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

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

in section 21-28.6-12.

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

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

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

registration certificates for compassion centers, including regulations governing:

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

      (ii) Minimum oversight requirements for compassion centers;

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

      (iv) Minimum security requirements for compassion centers; and

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

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

subsection.

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

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

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

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

single compassion center.

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

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

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

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

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

provide for input from the public, and issue a registration certificate for a compassion center if a

qualified applicant exists.

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

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

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

qualified applicants exist.

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

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

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

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

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

compassion centers may hold valid registration certificates at one time.

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

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

chapter to the contrary, and shall be subject to state law adopted herein and rules and regulations

adopted by the department subsequent to passage of this legislation.

      (c) Compassion center and agent applications and registration:

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

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

hundred fifty dollars ($250);

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

center;

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

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

second location for the cultivation of medical marijuana;

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

marijuana;

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

the compassion center;

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

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

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

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

prevention techniques; and

      (vii) Proposed procedures to ensure accurate record keeping;

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

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

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

applicants would be located;

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

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

limited to, the following factors:

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

centers if the applicant were approved;

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

in the state;

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

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

registration certificate;

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

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

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

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

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

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

location, security devices employed, and staffing;

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

the following to the department:

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

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

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

for the secure cultivation of marijuana;

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

the compassion center;

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

or volunteer of the compassion center at its inception;

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

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

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

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

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

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

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

be issued more frequently than twice each week;

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

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

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

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

by the state police that the registry identification card applicant has not been convicted of a felony

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

sentence of probation. Each card shall specify that the cardholder is a principal officer, board

member, agent, volunteer, or employee of a compassion center and shall contain the following:

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

volunteer or employee;

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

member, agent, volunteer or employee is affiliated;

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

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

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

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

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

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

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

notify the compassion center in writing of the purpose for denying the registry identification card.

The department may grant such person a registry identification card 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;

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

criminal identification records check that shall include fingerprints submitted to the federal

bureau of investigation. Upon the discovery of a felony drug offense conviction or a plea of nolo

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

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

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

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

felony drug offense with probation has been found.

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

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

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

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

associated with the criminal background check with fingerprints.

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

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

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

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

occurs first.

      (d) Expiration or termination of compassion center:

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

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

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

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

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

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

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

      (ii) The compassion center's registration has never been suspended for violations of this

chapter or regulations issued pursuant to this chapter;

      (iii) The legislative oversight committee's report, if issued pursuant to subsection (4)(j),

indicates that the compassion center is adequately providing patients with access to medical

marijuana at reasonable rates; and

      (iv) The legislative oversight committee's report, if issued pursuant to subsection (4)(j),

does not raise serious concerns about the continued operation of the compassion center applying

for renewal.

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

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

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

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

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

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

expire if the following conditions are all satisfied:

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

yet come to a decision;

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

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

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

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

compassion center:

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

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

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

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

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

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

department of health, division of facilities regulation. During an inspection, the department may

review the compassion center's confidential records, including its dispensing records, which shall

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

confidentiality.

      (f) Compassion center requirements:

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

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

Internal Revenue Services;

      (2) A compassion center may not be located within one thousand feet (1000') of the

property line of a preexisting public or private school;

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

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

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

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

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

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

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

before that person begins his or her relationship with the compassion center;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

or through the qualifying patient's other primary caregiver;

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

the state of Rhode Island;

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

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

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

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

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

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

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

qualifications, and supervision; and

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

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

and volunteer that includes an application and a record of any disciplinary action taken;

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

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

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

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

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

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

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

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

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

robbery or violent accident;

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

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

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

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

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

employment or the volunteer's volunteering.

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

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

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

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

caregiver during a fifteen (15) day period;

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

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

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

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

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

C. Slater Medical Marijuana Act.

      (h) Immunity:

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

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

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

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

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

registration process with the medical use of marijuana;

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

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

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

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

department to another registered compassion center;

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

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

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

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

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

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

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

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

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

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

applicable to this section.

      (i) Prohibitions:

      (1) A compassion center must limit its inventory of seedlings, plants, and usable

marijuana to reflect the projected needs of registered qualifying patients. shall not possess an

amount of marijuana at any given time that exceeds the following limitations:

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

shall be mature; and

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

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

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

caregiver or to such patient's other primary caregiver;

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

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

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

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

revoked immediately; and

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

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

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

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

assisting with the medical use of marijuana in accordance with the terms and conditions of this

chapter. A person who is employed by or is an agent, volunteer, principal officer, or board

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

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

misdemeanor:

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      (j) Legislative oversight committee:

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

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

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

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

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

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

Island state police or his/her designee.

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

evaluating and making recommendations to the general assembly regarding:

      (i) Patients' access to medical marijuana;

      (ii) Efficacy of compassion center;

      (iii) Physician participation in the Medical Marijuana Program;

      (iv) The definition of qualifying medical condition;

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

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

report to the general assembly on its findings.

     SECTION 3. This act shall take effect on September 1, 2014.

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

require all cardholders who wish to cultivate marijuana to apply for a cultivation certificate from

the department of health. It would further reduce the allowable limits of plants, seedlings and

usable marijuana which may be cultivated or possessed by cardholders, and would provide

landlords the option not to lease to a cardholder who chooses to cultivate marijuana. This act

would also require national criminal background checks on all applications for a primary

caregiver, provide for the permanent mandatory revocation of an issued registry identification

card upon the conviction of a felony and would require the department of health to maintain a

twenty-four (24) hour automated verification system for law enforcement personnel to verify the

validity of a cardholder.

     This act would take effect on September 1, 2014.

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