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art.014/5/014/4/014/3/014/2/014/1

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     ARTICLE 14 AS AMENDED

RELATING TO CAREGIVERS/COMPASSION CENTERS

     SECTION 1. Sections 21-28.6-2, 21-28.6-3, 21-28.6-4, 21-28.6-5, 21-28.6-6, 21-28.6-9,

21-28.6-12, and 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" 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

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.

     (8) The goal of the medical marijuana program is to create a system that is transparent,

safe, and responsive to the needs of patients. Consequently, the medical marijuana program

requires regulation and a comprehensive regulatory structure that allows for oversight over all

suppliers of medical marijuana while ensuring both safety and patient access.

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

     (1) "Authorized purchaser" means a natural person, who is at least twenty-one (21) years

old, and who is registered with the department of health for the purposes of assisting a qualifying

patient in purchasing marijuana from a compassion center. An authorized purchaser may assist no

more than one patient, and is prohibited from consuming marijuana obtained for the use of the

qualifying patient. An authorized purchaser shall be registered with the department of health and

shall possesses a valid registry identification card.

     (1)(2) "Cardholder" means a qualifying patient or a primary caregiver person who has

been registered or licensed with the department of health or the department of business regulation

pursuant to this chapter, and has been issued and possesses a valid registry identification card or

license.

     (3) "Commercial unit" means a building, office, suite, or room within a commercial or

industrial building for use by one business or person and is rented or owned by that business or

person.

     (2)(4)(i) "Compassion center" means:(i) 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 or authorized purchaser , 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 of health or

the department of business regulation and has been issued and possesses a valid registry

identification card.

     (3)(5) "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 of health,

as provided for in § 21-28.6-5.

     (6) "Department of business regulation" means the Rhode Island department of business

regulation or its successor agency.

     (4)(7) "Department of health" means the Rhode Island department of health or its

successor agency.

     (8) "Department of public safety" means the Rhode Island department of public safety or

its successor agency.

     (9) "Dried useable marijuana" means the dried leaves and flowers of the marijuana plant

as defined by regulations promulgated by the department of health.

     (10) "Dwelling unit" means the room or group of rooms within a dwelling used or

intended for use by one family or household, or by no more than three (3) unrelated individuals,

for living, sleeping, cooking and eating.

     (11) "Equivalent amount" means the portion of usable marijuana, be it in extracted,

edible, concentrated or any other form, found to be equal to a portion of dried usable marijuana,

as defined by regulations promulgated by the department of health.

     (12) "Licensed cultivator" means a person as identified in §43-3-6, who has been licensed

by the department of business regulation to cultivate marijuana pursuant to §21-28.6-16.

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

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

are readily observable by an unaided visual examination.

     (7)(15) "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)(16) "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)(17) "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)(18) "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)(19) "Registry identification card" means a document issued by the department of

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

authorized purchaser, or a document issued by the department of business regulation that

identifies a person as a registered principal officer, board member, employee, volunteer, or agent

of a compassion center.

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

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

roots.

     (14)(22) "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.

     (23) "Wet marijuana" means the harvested leaves and flowers of the marijuana plant

before they have reached a dry useable state, as defined by regulations promulgated by the

departments of health and business regulation.

     (15)(24) "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 which are accompanied by valid medical marijuana tags, two and one-half (2.5) ounces of

usable marijuana or its equivalent amount, and an amount of wet marijuana to be set by

regulations promulgated by the departments of health and business regulation. Said plants shall be

stored in an indoor facility.

     (b) An authorized purchaser 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 possession of marijuana; provided

that the authorized purchaser possesses an amount of marijuana that does not exceed two and

one-half (2.5) ounces of usable marijuana or its equivalent amount and this marijuana was

purchased legally from a compassion center for the use of their designated qualifying patient.

     (b)(c) 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 selling, giving, or

distributing on or before December 31, 2016 to a compassion center cardholder 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 compassion center cardholder.

     (c)(d) 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 have the discretion not to lease, or continue to lease, to a cardholder who cultivates

marijuana in the leased premises.

     (d)(e) 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 patient

cardholder, to whom he or she is connected through the department's department of health's

registration process, with the medical use of marijuana; provided, that the primary caregiver

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

plants which are accompanied by valid medical marijuana tags, and two and one-half (2.5) ounces

of usable marijuana or its equivalent amount and an amount of wet marijuana set in regulations

promulgated by the departments of health and business regulation for each qualified patient

cardholder to whom he or she is connected through the department's department of health's

registration process.

     (e)(f) A qualifying patient cardholder shall be allowed to possess a reasonable amount of

unusable marijuana, including up to twelve (12) seedlings which are accompanied by valid

medical marijuana tags. , that shall not be counted toward the limits in this section A primary

caregiver cardholder shall be allowed to possess a reasonable amount of unusable marijuana,

including up to twenty-four (24) seedlings which are accompanied by valid medical marijuana

tags and an amount of wet marijuana set in regulations promulgated by the departments of health

and business regulation.

     (f)(g) There shall exist a presumption that a cardholder is engaged in the medical use of

marijuana if the 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)(h) A primary caregiver cardholder may receive reimbursement for costs associated

with assisting a qualifying patient cardholder's medical use of marijuana. Compensation shall not

constitute sale of controlled substances.

     (h)(i) A natural person 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 selling, giving, or

distributing on or before December 31, 2016 to a compassion center cardholder, marijuana of the

type, and in an amount not to exceed that, set forth in subsection (d) above, to a compassion

center cardholder if:

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

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

     (2) Each qualifying patient cardholder the primary caregiver cardholder is connected with

through the department's department of health'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)(j) 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)(k) 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)(l) 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 qualifying patient cardholder with using or administering marijuana.

     (l)(m) A practitioner, nurse, nurse practitioner, physician's assistant, 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)(n) A qualifying patient or primary caregiver 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)(o) Notwithstanding the provisions of § 21-28.6-4(d) or § 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) mature marijuana plants which are accompanied by valid medical

marijuana tags and five (5) ounces of usable marijuana or its equivalent and an amount of wet

marijuana set in regulations promulgated by the departments of health and business regulation for

patient cardholders to whom he or she is connected through the department's department of

health's registration process.

     (o)(p) A qualifying patient or primary caregiver cardholder may give marijuana to

another qualifying patient or 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 § 21-28.6-4.

     (q) Qualifying patient cardholders and primary caregiver cardholders electing to grow

marijuana shall only grow at one premises, and this premises shall be registered with the

department of health. Except for compassion centers, cooperative cultivations and licensed

cultivators, no more than twenty-four (24) mature marijuana plants which are accompanied by

valid medical marijuana tags shall be grown or otherwise located at any one dwelling unit or

commercial unit. The number of qualifying patients or primary caregivers residing, owning,

renting, growing or otherwise operating at a dwelling or commercial unit does not affect this

limit. The department of health shall promulgate regulations to enforce this provision.

     (p)(r) For the purposes of medical care, including organ transplants, a 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. 

     (s) Notwithstanding any other provisions of the general laws, the manufacture of

marijuana using a solvent extraction process that includes the use of a compressed, flammable gas

as a solvent by a patient cardholder or primary caregiver cardholder shall not be subject to the

protections of this chapter.

     21-28.6-5. Department to issue regulations Department of health to issue

regulations. -- (a) Not later than ninety (90) days after the effective date of this chapter, the

department of health shall promulgate regulations governing the manner in which it shall consider

petitions from the public to add debilitating medical conditions to those included in this chapter.

In considering such petitions, the department of health shall include public notice of, and an

opportunity to comment in a public hearing, upon such petitions. The department of health shall,

after hearing, approve or deny such petitions within one hundred eighty (180) days of submission.

The approval or denial of such a petition shall be considered a final department of health action,

subject to judicial review. Jurisdiction and venue for judicial review are vested in the superior

court. The denial of a petition shall not disqualify qualifying patients with that condition, if they

have a debilitating medical condition as defined in subdivision 21-28.6-3(3)(7) §21-28.6-3(3)(5).

The denial of a petition shall not prevent a person with the denied condition from raising an

affirmative defense.

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

of health shall promulgate regulations governing the manner in which it shall consider

applications for and renewals of registry identification cards for qualifying patients, and primary

caregivers, and authorized purchasers. The department of health's regulations shall establish

application and renewal fees that generate revenues sufficient to offset all expenses of

implementing and administering this chapter. The department of health may vary the application

and renewal fees along a sliding scale that accounts for a qualifying patient's or caregiver's

income. The department of health may accept donations from private sources in order to reduce

the application and renewal fees. 

     21-28.6-6. Administration of department of health regulations. -- (a) The department

of health 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 § 21-28.6-3(15)(24) 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) Whether the patient elects grow medical marijuana plants for himself or herself; and

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

patient and one authorized purchaser for the qualifying patient, if any.

     (b) The department of health 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 or authorized purchaser;

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 of health shall verify the information contained in an application or

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

within fifteen (15) thirty-five (35) days of receiving it. The department may deny an application

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

or if the department determines that the information provided was falsified. Rejection of an

application or renewal is considered a final department action, subject to judicial review.

Jurisdiction and venue for judicial review are vested in the superior court.

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

that the qualifying patient is eligible for hospice care or chemotherapy, the department of health

shall give priority to these applications when verifying the information in accordance with

subsection (c) of this section. Effective January 1, 2017, the department of health shall approve or

deny a registry identification card to these qualifying patients within five (5) days of receipt of an

application. The department of health may identify through regulation a list of other conditions

qualifying a patient for expedited application processing.

     (d)(e) The department of health shall issue a registry identification card to each the

qualifying patient cardholder's primary caregiver, if any, who is named in a the qualifying

patient's approved application., up to a maximum of two (2) primary caregivers per qualifying

patient.

     (1) The A primary caregiver applicant or an authorized purchaser applicant shall apply to

the bureau of criminal identification of the department of attorney general, department of public

safety division of 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) §21-28.6-6(e)(4), and

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

the department of attorney general, department of public safety division of 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, department of public safety

division of state police, or the local police shall inform the applicant and the department, in

writing, of this fact.

     (3) The department of health shall maintain on file evidence that a criminal records check

has been initiated on all applicants seeking a primary caregiver registry identification card or an

authorized purchaser registry identification card and the results of the checks. The primary

caregiver cardholder shall not be required to apply for a national criminal records check for each

patient he or she is connected to through the department's registration process, provided that he or

she has applied for a national criminal records check within the previous two (2) years in

accordance with this chapter. The department shall not require a primary caregiver cardholder or

an authorized purchaser cardholder to apply for a national criminal records check more than once

every two (2) years.

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

for any felony offense under chapter 28 of title 21 ("Rhode Island Controlled Substances Act"),

murder, manslaughter, rape, first-degree sexual assault, second-degree sexual assault, first-degree

child molestation, second-degree child molestation, kidnapping, first-degree arson, second-degree

arson, mayhem, robbery, burglary, breaking and entering, assault with a dangerous weapon,

assault or battery involving grave bodily injury, and/or assault with intent to commit any offense

punishable as a felony or a similar offense from any other jurisdiction shall result in a letter to the

applicant and the department of health disqualifying the applicant. If disqualifying information

has been found, the department may use its discretion to issue a primary caregiver registry

identification card or an authorized purchaser registry identification 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 or authorized purchaser 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)(f)(i) On or before December 31, 2016, the The department of health shall issue

registry identification cards within five (5) business days of approving an application or renewal

that shall expire two (2) years after the date of issuance.

     (ii) Effective January 1, 2017 and thereafter, the department of health shall issue registry

identification cards within five (5) business days of approving an application or renewal that shall

expire one year after the date of issuance.

     (iii) Registry identification cards shall contain:

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

     (2) A random registry identification number;

     (3) A photograph; and

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

     (f)(e) Persons issued registry identification cards by the department of health shall be

subject to the following:

     (1) A qualifying patient cardholder shall notify the department of health of any change in

the patient cardholder's his or her name, address, or primary caregiver, or authorized purchaser; or

if he or she ceases to have his or her debilitating medical condition, within ten (10) days of such

change.

     (2) A qualifying patient cardholder who fails to notify the department of health 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 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 primary caregiver cardholder or authorized purchaser compassion center cardholder

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

days of such change. A primary caregiver cardholder or authorized purchaser 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).

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

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

the 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 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 cardholder changes his or her primary caregiver or

authorized purchaser, the department of health shall notify the primary caregiver cardholder or

authorized purchaser within ten (10) days. The primary caregiver's protections as provided in this

chapter shall expire ten (10) days after notification. If the primary caregiver cardholder or

authorized purchaser is connected to no other qualifying patient cardholders in the program, he or

she must return his or her registry identification card to the department.

     (6) If a cardholder or authorized purchaser 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) Effective January 1, 2019, if a patient cardholder chooses to alter his or her

registration with regard to the growing of medical marijuana for himself or herself, he or she shall

notify the department prior to the purchase of medical marijuana tags or the growing of medical

marijuana plants.

     (7)(8) If a cardholder or authorized purchaser willfully violates any provision of this

chapter as determined by the department, his or her registry identification card may be revoked.

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

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

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

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

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

including information regarding their primary caregivers, authorized purchaser 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 chapter 2 of title 38 et seq. (Rhode Island

access to public records act) and not subject to disclosure, except to authorized employees of the

department of health as necessary to perform official duties of the department, and pursuant to

subsection (i)(j) 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 of health to notify him or her of

any clinical studies about marijuana's risk or efficacy. The department of health shall inform

those patients who answer in the affirmative of any such studies it is notified of, that will be

conducted in Rhode Island. The department of health may also notify those patients of medical

studies conducted outside of Rhode Island.

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

department of health 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 of health as necessary to perform official duties of the

department.

     (i)(j) Notwithstanding subsection (h) (i) of this section, the department of health shall

verify to law enforcement personnel whether a registry identification card is valid solely by

confirming the random registry identification number or name. This verification may occur

through the use of shared database, provided that any confidential information in this database is

protected in accordance with §21-28.6-6(i)(1)

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

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

department departments of health, business regulation, public safety, or another state agency or

local government, to breach the confidentiality of information obtained pursuant to this chapter.

Notwithstanding this provision, the department employees may notify law enforcement about

falsified or fraudulent information submitted to the department.

     (k)(l) On or before January 1 the fifteenth day of the month following the end of each

quarter of the fiscal odd numbered year, the department of health shall report to the house

committee on health, education and welfare and to the senate committee on health and human

services governor, the speaker of the house of representatives, and the president of the senate on

applications for the use of marijuana for symptom relief. The report shall provide:

     (1) The number of applications for registry identification cards registration as a

qualifying patient, primary caregiver, or authorized purchaser that have been made to the

department during the preceding quarter, the number of qualifying patients, and primary

caregivers, and authorized purchasers approved, the nature of the debilitating medical conditions

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

the number and specializations, if any, of practitioners providing written certification for

qualifying patients;

     (m) On or before September 30 of each year, the department of health shall report to the

governor, the speaker of the house of representatives, and the president of the senate on the use of

marijuana for symptom relief. The report shall provide:

     (1) The total number of applications for registration as a qualifying patient, primary

caregiver, or authorized purchaser that have been made to the department, the number of

qualifying patients, primary caregivers, and authorized purchasers approved, the nature of the

debilitating medical conditions of the qualifying patients, the number of registrations revoked,

and the number and specializations, if any, of practitioners providing written certification for

qualifying patients;

     (2) The number of active qualifying patient, primary caregiver, and authorized purchaser

registrations as of June 30 of the preceding fiscal year;

     (2)(3) 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)(4) Statistics regarding the number of marijuana-related prosecutions against

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

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

this chapter; and

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

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

for marijuana. 

     21-28.6-9. Enforcement. -- (a) If the department of health 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 of health or the department of business regulation 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 a valid

registry identification card.

     (c) The department of health and the department of business regulation shall revoke and

shall not reissue the registry identification card or license of any cardholder or licensee 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 28 of title 21 ("Rhode Island

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

     (d) If a cardholder exceeds the possession limits set forth in §§ 21-28.6-4 or 21-28.6-14,

he or she shall be subject to arrest and prosecution under chapter 28 of title 21 ("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 or authorized purchasers 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, §§ 21-28.6-1 – 21-28.6-11, apply to a compassion center unless they conflict with

a provision contained in § 21-28.6-12.

     (b) Registration of compassion centers–authority of the departments of health and

business regulation authority:

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

of health 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 of health

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 of health 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 of health 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 of health shall accept

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

compassion center if a qualified applicant exists.

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

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

expires on or before December 31, 2016, the department of health shall accept applications for a

new compassion center.

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

expires on or after January 1, 2017, the department of business regulation shall accept

applications for a new compassion center.

     (8) If at any time after three (3) years after the effective date of this chapter and on or

before December 31, 2016, fewer than three (3) compassion centers are holding valid registration

certificates in Rhode Island, the department of health shall accept applications for a new

compassion center. If at any time on or after January 1, 2017, fewer than three (3) compassion

centers are holding valid registration certificates in Rhode Island, the department of business

regulation 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 of health

prior to January 1, 2012, on or before December 31, 2016 or selected for approval by the

department of business regulation on or after January 1, 2017, 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 departments of health

and business regulation 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)(i) For applications submitted on or before December 31, 2016, any Any time one or

more compassion center registration applications are being considered, the department of health

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.

     (ii) For applications submitted on or after January 1, 2017, any time one or more

compassion center registration applications are being considered, the department of business

regulation 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' applicant's ability to provide a steady supply to the registered

qualifying patients in the state;

     (iii) The applicants' applicant's 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, A compassion center approved by the

department of health on or before December 31, 2016, but before it begins operations, it shall

submit the following to the department before it may begin operations:

     (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) A compassion center approved by the department of business regulation on or after

January 1, 2017 shall submit the following to the department before it may begin operations:

     (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 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 of health or the department of

business regulation 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 after receipt of the person's name, address, date of birth; a fee in an amount established by

the department of health or the department business regulation; and notification to the department

of health or the department of business regulation by the department of public safety division of

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 of health or the department of business regulation

decides to require one;

     (7) Except as provided in this subsection, neither the department of health nor the

department of business regulation 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

If a registry identification card is denied, the compassion center will be notified in writing of the

purpose for denying the registry identification card. The department may grant such person a A

registry identification card may be granted 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 department of public

safety division of 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 department of

health and the department of business regulation, the department of public safety division of state

police shall inform the applicant, in writing, of the nature of the felony and the department of

public safety division of state police shall notify the department of health or the department of

business regulation, 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 department of public

safety division of state police shall inform the applicant and the department of health or the

department of business regulation, 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.

     (9) A compassion center cardholder shall notify and request approval from the

department of business regulation of any change in his or her name or address within ten (10)

days of such change. A compassion center cardholder who fails to notify the department of

business regulation of any of these changes is responsible for a civil infraction, punishable by a

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

     (10) When a compassion center cardholder notifies the department of health or the

department of business regulation 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.

     (11) If a compassion center cardholder loses his or her registry identification card, he or

she shall notify the department of health or the department of business regulation 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.

     (12) On or before December 31, 2016, a compassion center cardholder shall notify the

department of health of any disqualifying criminal convictions as defined in §21-28.6-12(c)(7).

The department of health may choose to suspend and/or revoke his or her registry identification

card after such notification.

     (13) On or after January 1, 2017, a compassion center cardholder shall notify the

department of business regulation of any disqualifying criminal convictions as defined in §21-

28.6-12(c)(7). The department of business regulation may choose to suspend and/or revoke his or

her registry identification card after such notification.

     (14) If a compassion center cardholder violates any provision of this chapter or

regulations promulgated hereunder as determined by the departments of health and business

regulation, his or her registry identification card may be suspended and/or revoked.

     (d) Expiration or termination of compassion center:

     (1) On or before December 31, 2016, A a compassion center's registration shall expire

two (2) years after its registration certificate is issued. On or after January 1, 2017, a compassion

center’s registration shall expire one year 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 of health or the department of business regulation 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 subdivisions (c)(4) and

(c)(5), 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; and

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

department of health and the department of business regulation find 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 of health or the department of business regulation determines that

any of the conditions listed in paragraphs (d)(2)(i) – (iv) (iii) 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 of health or the department of business regulation

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

     (4) The department of health or the department of business regulation shall issue a

compassion center one or more thirty (30) day 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 and the department of business regulation. During an

inspection, the departments 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) On or before December 31, 2016, A a compassion center shall notify the department

of health within ten (10) days of when a principal officer, board member, agent, volunteer or

employee ceases to work at the compassion center. On or after January 1, 2017, a compassion

center shall notify the department of business regulation 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) (i) On or before December 31, 2016, A a compassion center shall notify the

department of health 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;

     (ii) On or after January 1, 2017, a compassion center shall notify the department of

business regulation 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

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 department of public safety division of 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 department of public safety

division of state police do does 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 or authorized purchaser;

     (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) Effective July 1, 2016, each compassion center shall be subject to any regulations

promulgated by the department of health that specify how usable marijuana must be tested for

items included but not limited to cannabinoid profile and contaminants;

     (11) Effective January 1, 2017, each compassion center shall be subject to any product

labeling requirements promulgated by the department of business regulation;

     (10)(12) 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)(13) 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)(14) 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)(15) Each compassion center entity shall provide each employee, agent and

volunteer, at 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)(16) 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 or its equivalent to a qualifying patient directly or through a qualifying patient's

other primary caregiver or authorized purchaser 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 its equivalent, seedlings, or mature marijuana plants to a qualifying patient, or a qualifying

patient's other primary caregiver or a qualifying patient's authorized purchaser 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.

     (3) Compassion centers shall utilize a database administered by the departments of health

and business regulation. The database shall contains all compassion centers’ transactions

according to qualifying patients', authorized purchasers’ and primary caregivers, registry

identification numbers to protect the confidentiality of patient personal and medical information.

Compassion centers will not have access to any applications or supporting information submitted

by qualifying patients, authorized purchasers or primary caregivers. Before dispensing marijuana

to any patient or authorized purchaser, the compassion center must utilize the database to ensure

that a qualifying patient is not dispensed more than two and one half ounces (2.5 oz.) of usable

marijuana or its equivalent directly or through the qualifying patient's primary caregiver or

authorized purchaser during a fifteen (15) day period.

     (h) Immunity:

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

departments 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 of health or the department of business regulation to another registered compassion

center;

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

     (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 or to such

patient's primary caregiver or to such patient's other primary caregiver authorized purchaser;

     (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:

     (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 department of public

safety 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 centers;

     (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. 

     21-28.6-14. Cooperative cultivations. -- (a) Two (2) or more qualifying patient or

primary caregiver cardholders may cooperatively cultivate marijuana in residential or non-

residential locations subject to the following restrictions:

     (1) Effective January 1, 2017, cooperative cultivations shall apply to the department of

business regulation for a license to operate;

     (2) A registered patient or primary caregiver cardholder can only cooperatively cultivate

in one location, including participation in a cooperative cultivation;

     (2)(3) 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)(4) The cooperative cultivation shall not be visible from the street or other public

areas;

     (4)(5) 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)(6) 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 or its equivalent and an amount of wet marijuana set in regulations promulgated

by the departments of health and business regulation, forty-eight (48) mature marijuana plants,

and twenty-four (24) forty-eight (48) seedlings.

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

useable marijuana or its equivalent and an amount of wet marijuana set in regulations

promulgated by the departments of health and business regulation, twenty-four (24) mature

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

     (iii) A non-residential or residential cooperative cultivation must have displayed

prominently on the premises its license issued by the department of business regulation.

     (iv) Every marijuana plant possessed by a cooperative cultivation must be accompanied

by a valid medical marijuana tag issued by the department of business regulation pursuant to §21-

28.6-15. Each cooperative cultivation must purchase at least one medical marijuana tag in order

to remain a licensed cooperative cultivation.

     (v) Cooperative cultivations are subject to reasonable inspection by the department of

business regulation for the purposes of enforcing regulations promulgated pursuant to this chapter

and all applicable Rhode Island general laws.

     (6)(7) 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)(8) Cooperative cultivations must report the location of the cooperative cultivation to

the department of public safety division of state police.

     (8)(9) The reports provided to the department of public safety 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.

     (10) The department of business regulation shall promulgate regulations governing the

licensing and operation of cooperative cultivations, and may promulgate regulations that set a fee

for a cooperative cultivation license.

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

of the cardholder's registry identification card of this chapter or regulations promulgated

hereunder as determined by the department of business regulation may result in the

revocation/suspension of the cooperative cultivation license.

     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. Medical Marijuana Plant Tags. -- (a) Effective January 1, 2017, the

department of business regulation shall make medical marijuana tag sets available for purchase.

Effective April 1, 2017, every marijuana plant, either mature or seedling, grown by a registered

patient or primary caregiver must be accompanied by a physical medical marijuana tag purchased

through the department of business regulation and issued by the department of health to

qualifying patients and primary caregivers or by the department of business regulation to licensed

cultivators.

     (1) The department of business regulation shall charge an annual fee for each medical

marijuana tag set which shall include one tag for a mature medical marijuana plant and one tag

for a seedling. If the required fee has not been paid, those medical marijuana tags shall be

considered expired and invalid. The fee established by the department of business regulation shall

be in accordance with the following requirements:

     (i) For patient cardholders authorized to grow medical marijuana by the department of

health, the fee per tag set shall not exceed twenty-five dollars ($25);

     (ii) For primary caregivers, the fee per tag set shall not exceed twenty-five dollars ($25);

     (iii) For patients that qualify for reduced-registration due to income or disability status,

there shall be no fee per tag set;

     (iv) For caregivers who provide care for a patient cardholder who qualifies for reduced-

registration due to income or disability status, there shall be no fee per tag set for such qualifying

patient; and

     (v) For licensed cultivators, the fee per tag set shall be established in regulations

promulgated by the department of business regulation.

     (2) Effective January 1, 2017, the department of business regulation shall verify with the

department of health that all medical marijuana tag purchases are made by qualifying patient

cardholders or primary caregiver cardholders. The department of health shall provide this

verification according to qualifying patients' and primary caregivers’ registry identification

numbers and without providing access to any applications or supporting information submitted by

qualifying patients to protect patient confidentiality;

     (3) Effective January 1, 2019 and thereafter, the department of business regulation shall

verify with the department of health that all medical marijuana tag purchases are made by

registered patient cardholders who have notified the department of health of their election to grow

medical marijuana or primary caregiver cardholders. The department of health shall provide this

verification according to qualifying patients' and primary caregivers’ registry identification

numbers and without providing access to any applications or supporting information submitted by

qualifying patients to protect patient confidentiality;

     (4) The department of business regulation shall maintain information pertaining to

medical marijuana tags and shall share that information with the department of health.

     (5) All primary caregivers shall purchase at least one medical marijuana tag for each

patient under their care and all patients growing medical marijuana for themselves shall purchase

at least one medical marijuana tag.

     (6) All licensed cultivators shall purchase at least one medical marijuana tag.

     (7) The departments of business regulation and health shall jointly promulgate

regulations to establish a process by which medical marijuana tags may be returned to either

department. The department of business regulation may choose to reimburse a portion or the

entire amount of any fees paid for medical marijuana tags that are subsequently returned.

     (b) Enforcement:

     (1) If a patient cardholder, primary caregiver cardholder or licensed cultivator violates

any provision of this chapter or the regulations promulgated hereunder as determined by the

departments of business regulation and health, his or her medical marijuana tags may be revoked.

In addition, the department that issued the cardholder’s registration or the license may revoke the

cardholder’s registration or license pursuant to §21-28.6-9.

     (2) The department of business regulation may revoke and not reissue pursuant to

regulations medical marijuana tags to any cardholder or licensee 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 28 of title 21 ("Rhode Island Controlled Substances Act") or a

similar offense from any other jurisdiction.

     (3) If a patient cardholder, primary caregiver cardholder, licensed cooperative cultivation

or licensed cultivator is found to have mature marijuana plants without valid medical marijuana

tags, the department or health or department of business regulation shall impose an administrative

penalty on the patient cardholder, primary caregiver cardholder, licensed cooperative cultivation

or licensed cultivator for each untagged mature marijuana plant not in excess of the limits set

forth in §21-28.6-4, §21-28.6-14 and §21-28.6-16 of no more than the total fee that would be paid

by a cardholder or licensee who purchased medical marijuana tags for such plants in compliance

with this chapter.

     (4) If a patient cardholder, primary caregiver cardholder, or licensed cooperative

cultivation is found to have mature marijuana plants exceeding the limits set forth in §21-28.6-4,

§21-28.6-14, and §21-28.6-16 in addition to any penalties that may be imposed pursuant to §21-

28.6-9, the department of health or department of business regulation may impose an

administrative penalty on that cardholder or license holder for each mature marijuana plant in

excess of the applicable statutory limit of no less than the total fee that would be paid by a

cardholder who purchased medical marijuana tags for such plants in compliance with this chapter.

     21-28.6-16. Licensed cultivators. -- (a) A licensed cultivator licensed under this section

may acquire, possess, cultivate, deliver, or transfer marijuana to licensed compassion centers. A

licensed cultivator shall not be a primary caregiver cardholder and shall not hold a cooperative

cultivation license. Except as specifically provided to the contrary, all provisions of the Edward

O. Hawkins and Thomas C. Slater Medical Marijuana Act, §§21-28.6-1 – 21-28.6-15, apply to a

licensed cultivator unless they conflict with a provision contained in §21-28.6-16.

     (b) Licensing of cultivators -- Department of business regulation authority. - The

department of business regulation shall promulgate regulations governing the manner in which it

shall consider applications for the licensing of cultivators, including regulations governing:

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

     (2) Minimum oversight requirements for licensed cultivators;

     (3) Minimum record-keeping requirements for cultivators;

     (4) Minimum security requirements for cultivators; and

     (5) Procedures for suspending, revoking or terminating the license of cultivators that

violate the provisions of this section or the regulations promulgated pursuant to this subsection.

     (c) A licensed cultivator license issued by the department of business regulation shall

expire one year after it was issued and the licensed cultivator may apply for renewal with the

department in accordance with its regulations pertaining to licensed cultivators.

     (d) The department of business regulation shall promulgate regulations that govern how

many marijuana plants, how many marijuana seedlings, how much wet marijuana, and how much

usable marijuana a licensed cultivator may possess. Every marijuana plant possessed by a

licensed cultivator must be accompanied by valid medical marijuana tag issued by the department

of business regulation pursuant to §21-28.6-15. Each cultivator must purchase at least one

medical marijuana tag in order to remain a licensed cultivator.

     (e) Cultivators shall only sell marijuana to compassion centers. All marijuana possessed

by a cultivator in excess of the possession limit established pursuant to subsection (d) above shall

be under formal agreement to be purchased by a compassion center. If such excess marijuana is

not under formal agreement to be purchased, the cultivator will have a period of time, specified in

regulations promulgated by the department of business regulation, to sell or destroy that excess

marijuana. The department may suspend and/or revoke the cultivator’s license and the license of

any officer, director, employee or agent of such cultivator and/or impose an administrative

penalty in accordance with such regulations promulgated by the department for any violation of

this section or the regulations. In addition, any violation of this section or the regulations

promulgated pursuant this subsection and subsection (d) above shall cause a licensed cultivator to

lose the protections described in §21-28.6-16(m) and may subject the licensed cultivator to arrest

and prosecution under Chapter 28 of title 21 (the Rhode Island Controlled Substances Act).

     (f) Cultivators shall be subject to any regulations promulgated by the department of

health or department of business regulation that specify how marijuana must be tested for items

including but not limited to potency, cannabinoid profile, and contaminants;

     (g) Cultivators shall be subject to any product labeling requirements promulgated by the

department of business regulation and the department of health;

     (h) Notwithstanding any other provisions of the general laws, the manufacture of

marijuana using a solvent extraction process that includes the use of a compressed, flammable gas

as a solvent by a licensed cultivator shall not be subject to the protections of this chapter.

      (i) Cultivators shall only be licensed to grow marijuana at a single location, registered

with the department of business regulation and the department of public safety. The department

of business regulation may promulgate regulations governing where cultivators are allowed to

grow. Cultivators must abide by all local ordinances, including zoning ordinances.

     (j) Inspection. Cultivators shall be subject to reasonable inspection by the department of

business regulation or the department of health for the purposes of enforcing regulations

promulgated pursuant to this chapter and all applicable Rhode Island general laws.

     (k) The cultivator applicant shall apply to the bureau of criminal identification of the

department of attorney general, department of public safety division of 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 §21-28.6-16(k)(2), and in accordance with the rules promulgated by the director of the

department of business regulation, the bureau of criminal identification of the department of

attorney general, department of public safety division of 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 of

business regulation, in writing, that disqualifying information has been discovered.

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

of criminal identification of the department of attorney general, department of public safety

division of state police, or the local police department shall inform the applicant and the

department of business regulation, in writing, of this fact.

     (2) Information produced by a national criminal records check pertaining to a conviction

for a felony drug offense or a plea of nolo contendere for a felony drug offense and received a

sentence of probation shall result in a letter to the applicant and the department of business

regulation disqualifying the applicant.

     (3) The cultivator applicant shall be responsible for any expense associated with the

national criminal records check.

     (l) Persons issued cultivator licenses shall be subject to the following:

     (1) A licensed cultivator shall notify and request approval from the department of

business regulation of any change in his or her name or address within ten (10) days of such

change. A cultivator who fails to notify the department of business regulation of any of these

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

fifty dollars ($150).

     (2) When a licensed cultivator notifies the department of business regulation of any

changes listed in this subsection, the department of business regulation shall issue the cultivator a

new license after the department approves the changes and receives from the licensee payment of

a fee specified in regulation.

     (3) If a licensed cultivator loses his or her license, he or she shall notify the department of

business regulation and submit a fee specified in regulation within ten (10) days of losing the

license. The department of business regulation shall issue a new license with a new random

identification number.

     (4) A licensed cultivator shall notify the department of business regulation of any

disqualifying criminal convictions as defined in §21-28.6-16(k)(2). The department of business

regulation may choose to suspend and/or revoke his or her license after such notification.

     (5) If a licensed cultivator violates any provision of this chapter or regulations

promulgated hereunder as determined by the department of business regulation, his or her license

may be suspended and/or revoked.

     (m) Immunity:

     (1) No licensed cultivator shall be subject to prosecution; search, except by the

departments pursuant to subsection (j); 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;

     (2) No licensed cultivator 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 of

business regulation to a registered compassion center;

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

cultivator 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

licensed cultivator 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, §§9-31-8 and 9-31-9 shall be applicable

to this section.

     21-28.6-17. Revenue. -- Effective July 1, 2016, all fees collected by the departments of

health and business regulation from applicants, registered patients, primary caregivers, authorized

purchasers, licensed cultivators and cooperative cultivations shall be placed in restricted receipt

accounts to support the state's medical marijuana program.

     SECTION 4. Sections 42-14-1 and 42-14-2 of the General Laws in Chapter 42-14

entitled "Department of Business Regulation" are hereby amended to read as follows:

     42-14-1. Establishment – Head of department. -- There shall be a department of

business regulation. The head of the department shall be the director of business regulation who

shall carry out, except as otherwise provided by this title, this chapter; chapters 1, 2, and 4 – 12,

inclusive, of title 3; chapters 3, 20.5, 38, 49, 52, 53 and 58 of title 5; chapter 31 of title 6; chapter

11 of title 7; chapters 1 – 29, inclusive, of title 19, except § 19-24-6; chapter 28.6 of title 21;

chapter 26 of title 23; chapters 1 – 36, inclusive, of title 27. The director of business regulation

shall also perform the duties required by any and all other provisions of the general laws and

public laws insofar as those provisions relate to the director of revenue and regulation, chief of

the division of banking and insurance, chief of the division of intoxicating beverages, and each of

the divisions, except as otherwise provided by this title.

     42-14-2. Functions of department. -- (a) It shall be the function of the department of

business regulation:

     (1) To regulate and control banking and insurance, foreign surety companies, sale of

securities, building and loan associations, fraternal benefit and beneficiary societies;

     (2) To regulate and control the manufacture, transportation, possession, and sale of

alcoholic beverages;

     (3) To license and regulate the manufacture and sale of articles of bedding, upholstered

furniture, and filling materials.;

     (4) To regulate the licensing of compassion centers, licensed cultivators, and cooperative

cultivations pursuant to chapter 28.6 of title 21of the general laws.

     (b) Whenever any hearing is required or permitted to be held pursuant to law or

regulation of the department of business regulation, and whenever no statutory provision exists

providing that notice be given to interested parties prior to the hearing, no such hearing shall be

held without notice in writing being given at least ten (10) days prior to such hearing to all

interested parties. For purposes of this section, an "interested party" shall be deemed to include

the party subject to regulation hereunder, the Rhode Island consumers' council, and any party

entitled to appear at the hearing. Notice to the party that will be subject to regulation, the Rhode

Island consumers' council [Repealed], and any party who has made known his or her intention to

appear at the hearing shall be sufficient if it be in writing and mailed, first class mail, to the party

at his or her regular business address. Notice to the general public shall be sufficient hereunder if

it be by publication in a newspaper of general circulation in the municipality affected by the

regulation.

     SECTION 5. This article shall take effect as of July 1, 2016.