2015 -- H 6091

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LC002481

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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A N   A C T

RELATING TO FOOD AND DRUGS -- MEDICAL MARIJUANA ACT

     Introduced By: Representatives Keable, and Carnevale

     Date Introduced: April 16, 2015

     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 or a primary caregiver 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 6 of title 7, and registered under § 21-28.6-12, that acquires, possesses, cultivates,

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

supplies and educational materials, to patient cardholders and/or their registered caregiver

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

      (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) "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 § 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 § 21-28-1.02(26).

      (6) "Mature marijuana plant" means a marijuana plant that 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 patient cardholder'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 a compassion center.

      (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.

     SECTION 2. Section 21-28.6-14 of the General Laws in Chapter 21-28.6 entitled "The

Edward O. Hawkins and Thomas C. Slater Medical Marijuana Act" is hereby repealed.

     21-28.6-14. Cooperative cultivations. -- (a) Two (2) or more cardholders may

cooperatively cultivate marijuana in residential or non-residential locations subject to the

following restrictions:

      (1) A cardholder can only cooperatively cultivate in one location;

      (2) No single location may have more than one cooperative cultivation. For the purposes

of this section, location means one structural building, not units within a structural building.

      (3) The cooperative cultivation shall not be visible from the street or other public areas;

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

marijuana for medical purposes in Rhode Island that is signed by each cardholder and is

displayed prominently in the premises cooperative cultivation.

      (5) Cooperative cultivations are restricted to the following possession limits:

      (i) A non-residential, cooperative cultivation may have no more than ten (10) ounces of

usable marijuana, forty-eight (48) mature marijuana plants, and twenty-four (24) seedlings.

      (ii) A residential, cooperative cultivation may have no more than ten (10) ounces of

useable marijuana, twenty-four (24) mature marijuana plants, and twelve (12) seedlings.

      (6) Cooperative cultivations must be inspected as follows:

      (i) A non-residential, cooperative cultivation must have displayed prominently on the

premises 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.

      (ii) A residential cooperative cultivation must have displayed prominently on the

premises an affidavit by a licensed electrician that the cultivation has been inspected and is in

compliance with any applicable state or municipal housing and zoning codes for the municipality

where the cooperative cultivation is located.

      (7) Cooperative cultivations must report the location of the cooperative cultivation to the

division of state police.

      (8) The reports provided to the division of state police in subsection (8) of this section

shall be confidential, but locations may be confirmed for law enforcement purposes. The report of

the location of the cooperative cultivation alone shall not constitute probable cause for a search of

the cooperative cultivation.

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      (b) Any violation of any provision of this section shall result in the immediate revocation

of the cardholder's registry identification card.

     SECTION 3. 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:

     21-28.6-15. Marijuana cultivation centers. – A marijuana cultivation center registered

under this chapter may acquire, possess, cultivate, manufacture, deliver, transfer, transport, or

supply marijuana to a registered compassion center, or other entity authorized by law to dispense

or sell marijuana.

     21-28.6-16. Registration of marijuana cultivation center -- Department authority. –

(a) Not later than ninety (90) days after the effective date of this section, the department shall

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

registration certificates for marijuana cultivation centers, including regulations governing:

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

     (2) Minimum oversight requirements for marijuana cultivation centers;

     (3) Minimum record-keeping requirements for marijuana cultivation centers;

     (4) Minimum security requirements for marijuana cultivation centers; and

     (5) Procedures for suspending, revoking or eliminating the registration certificates of

marijuana cultivation centers, that violate the provisions of this section or the regulations

promulgated pursuant to this subsection.

     (b) Within ninety (90) days of the effective date of this section, the department shall

begin accepting applications for the operation of a marijuana cultivation center.

     (c) Within one hundred fifty (150) days of the effective date of this section, the

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

marijuana cultivation center.

     (d) Within one hundred ninety (190) days of the effective date of this section, the

department shall grant a registration certificate to a marijuana cultivation center, providing at

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

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

no operational marijuana cultivation center in Rhode Island, the department shall accept

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

marijuana cultivation center if a qualified applicant exists.

     (f) Within two (2) years of the effective date of this section, the department shall begin

accepting applications to provide registration certificates for one additional marijuana cultivation

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

qualified applicant exists.

     (g) Any time a marijuana cultivation center's registration certificate is revoked, is

relinquished, or expires, the department shall accept applications for a new marijuana cultivation

center.

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

two (2) marijuana cultivation centers are holding valid registration certificates in Rhode Island,

the department shall accept applications for a new cultivation center. No more than two (2)

cultivation centers may hold valid registration certificates at one time.

     21-28.6-17. Applications. – Marijuana cultivation centers, and agent applications and

registrations shall be as set forth herein:

     (1) Each application for a marijuana cultivation center shall include:

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

thousand dollars ($1000);

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

cultivation center;

     (iii) The proposed physical address of the marijuana cultivation center, and proof that the

location is already zoned for manufacturing or industrial use;

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

marijuana;

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

the marijuana cultivation 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 marijuana cultivation centers' registration applications are

being considered, the department shall also allow for comment by the public.

     (3) Each time a marijuana cultivation centers' registration certificate is granted, the

decision shall be based upon the need of compassion centers for cultivated marijuana and the

safety of the public, including, but not limited to, the following factors:

     (i) The safety of the public in having the marijuana cultivated under strict quality control

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regulations;

     (ii) The safety of the public in having regulated cultivation centers distributing solely to

the compassion centers;

     (iii) The applicant's ability to provide a steady supply to the registered compassion

centers in the state;

     (iv) The applicant's experience running a for-profit business and its ability to acquire two

million ($2,000,000) dollars of working capital;

     (v) The interests of the city or town where the cultivation center would be located; and

     (vi) The sufficiency of the applicant's plans for the proper cultivation of marijuana in an

ideal environment and under the strictest regulations.

     (4) After a marijuana cultivation 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 marijuana cultivation center;

     (iii) The physical address of the marijuana cultivation centers;

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

the cultivation center; and

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

of the cultivation center at its inception.

     (5) The department shall track the number of registered cultivation centers who designate

a marijuana compassion center as a distributor for its medical marijuana.

     (6) Except as provided in subsection (7) of this section, the department shall issue each

principal officer, board member, agent, and employee of a marijuana cultivation 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, or employee of a marijuana cultivation center and shall contain the following:

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

employee;

     (ii) The legal name of the marijuana cultivation center to which the principal officer,

board member, agent, or employee is affiliated;

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

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     (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, or employee of a marijuana

cultivation 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 marijuana cultivation center in writing of the purpose for denying the registry

identification card. 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

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. 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. All

registry identification card applicants shall be responsible for any expense associated with the

criminal background check with fingerprints. A registry identification card of a principal officer,

board member, agent, 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, or employee's relationship with the cultivation center, whichever

occurs first.

     21-28.6-18. Expiration or termination. – (a) Expiration or termination of marijuana

cultivation center's registration certificate shall be as set forth herein:

     (1) A marijuana cultivation center's registration certificate shall expire five (5) years after

its registration certificate is issued. The cultivation center may submit a renewal application

beginning sixty (60) days prior to the expiration of its registration certificate. The department

shall grant a cultivation center's renewal application within thirty (30) days of its submission if

the following conditions are all satisfied:

     (i) The marijuana cultivation center submits the materials required including the five

thousand dollar ($5,000) fee;

     (ii) The marijuana cultivation center's registration has never been suspended for

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

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     (iii) The legislative oversight committee's report, if issued, does not raise serious

concerns about the continued operation of the marijuana cultivation center applying for renewal.

     (2) If the department determines that any of the conditions listed above have not been

met, and the center's registration certificate is terminated, the department shall begin an open

application process for the operation of a new marijuana cultivation center. In granting a new

registration certificate, the department shall consider factors listed in this section.

     (3) The department shall issue a marijuana cultivation center one or more thirty (30) day

temporary registration certificates after that cultivation center's registration certificate would

otherwise expire if the following conditions are all satisfied:

     (i) The marijuana cultivation center previously applied for a renewal, but the department

had not yet come to a decision;

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

     (iii) The marijuana cultivation center has not had its registration certificate revoked due

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

     (4) A marijuana cultivation center registry identification card shall be subject to

revocation if the cultivation center:

     (i) Is in violation of the laws of this state; or

     (ii) Is in violation of other departmental regulations.

     21-28.6-19. Inspections. – Marijuana cultivation centers are subject to unlimited

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

department may review the marijuana cultivation center's records, including its distribution

records, which shall track transactions according to the production of each verified plant.

     21-28.6-20. Center requirements. – (a) Marijuana cultivation center requirements shall

be as set forth herein:

     (1) A marijuana cultivation center may not be located within one thousand feet (1,000') of

the property line of a preexisting public or private school.

     (2) A marijuana cultivation center shall notify the department within ten (10) days of

when a principal officer, board member, agent, or employee ceases to work at the marijuana

cultivation center. His or her registry identification card shall be deemed null and void and the

person shall be liable for any penalties that may apply.

     (3) A marijuana cultivation center shall notify the department in writing of the name,

address, and date of birth of any new principal officer, board member, agent, 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 marijuana cultivation center.

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     (4) A marijuana cultivation center shall implement appropriate security measures to deter

and 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 marijuana

cultivation center shall request that the Rhode Island state police visit the marijuana cultivation

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 marijuana

cultivation center. Said recommendations shall not be binding upon any marijuana cultivation

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 cultivation

center within the ten (10) day period there shall be no delay in the marijuana cultivation center's

opening.

     (5) The operating documents of a marijuana cultivation center shall include procedures

for the oversight of the cultivation center and procedures to ensure accurate record keeping.

     (6) A marijuana cultivation center is prohibited from acquiring, possessing, cultivating,

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

purpose except to provide cultivated marijuana to a compassion center or any entity authorized by

law.

     (7) All principal officers and board members of a marijuana cultivation center must be

residents of the state of Rhode Island and cannot have any affiliation whatsoever with a

compassion center in the state of Rhode Island.

     (8) Each marijuana cultivation center shall develop, implement, and maintain on the

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

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

which includes duties, authority, responsibilities, qualifications, and supervision; and

     (ii) Each marijuana cultivation center shall maintain a personnel record for each

employee and agent that includes an application and a record of any disciplinary action taken.

     (9) Each marijuana cultivation 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

     (ii) Informational developments in the field of cultivating marijuana.

     (10) Each cultivation center entity shall provide each employee and agent, at the time of

his or her initial appointment, training in the following:

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     (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.

     (b) All marijuana cultivation centers shall prepare training documentation for each

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

received said training and topics discussed, to include the name and title of presenters. The

cultivation center shall maintain documentation of an employee's training for a period of at least

six (6) months after termination of an employee's employment.

     21-28.6-21. Immunity. – (a) No registered marijuana cultivation center shall be subject

to prosecution, search, except by the department pursuant to this section, 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.

     (b) No registered marijuana cultivation 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.

     (c) No principal officers, board members, agents, or employees of a registered marijuana

cultivation 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 marijuana cultivation center to engage in acts permitted by this section.

     (d) 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 chapter, and the provisions of §§ 9-31-8 and 9-31-9 shall be applicable to this section.

     21-28.6-22. Prohibitions. – (a) A marijuana cultivation center may not dispense, deliver,

or otherwise transfer marijuana to a person or entity other than a registered compassion center or

other entity authorized by law.

     (b) 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, or employee of a marijuana cultivation center unless the

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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, principal officer, or board member of a

marijuana cultivation center in violation of this chapter is guilty of a civil violation punishable by

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

misdemeanor.

     21-28.6-23. Legislative oversight committee. – (a) There is hereby established a

legislative oversight committee for marijuana cultivation centers. The legislative oversight

committee shall consist of nine (9) members, five (5) to be appointed by the speaker of the house

from among its members, not more than four (4) to be from the same political party, and four (4)

members to be appointed by the president of the senate, not more than three (3) to be from the

same political party.

     (b) 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:

     (1) Compassion center's and cultivation center's access to properly regulated and

cultivated marijuana;

     (2) The efficacy of marijuana cultivation centers; and

     (3) The effect that marijuana cultivation centers have had on the illegal sale of marijuana

to the public.

     (c) On or before January l of every even-numbered year, the oversight committee shall

report to the general assembly on its findings.

     SECTION 4. 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 -- MEDICAL MARIJUANA ACT

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     This act would remove natural person primary caregivers from the definition of "primary

caregiver" for the purposes of the state "Medical Marijuana Act", thereby authorizing only

compassion centers to serve as primary caregivers. The act would also provide for the

establishment of marijuana cultivation centers which would be regulated by the department of

health, and would create a legislative oversight committee for marijuana cultivation centers.

     This act would take effect upon passage.

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