2016 -- H 7803

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LC005211

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

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A N   A C T

RELATING TO FOOD AND DRUGS - THE EDWARD O. HAWKINS AND THOMAS C.

SLATER MEDICAL MARIJUANA ACT

     Introduced By: Representative Scott Slater

     Date Introduced: March 02, 2016

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 21-28.6-14 of the General Laws in Chapter 21-28.6 entitled "The

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

follows:

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

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

following restrictions:

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

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

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

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

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

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

displayed prominently in the premises cooperative cultivation.

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

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

hundred sixty (160) ounces of usable marijuana, forty-eight (48) mature marijuana plants, and

twenty-four (24) seedlings forty-eight (48) immature plants.

      (ii) A residential, cooperative cultivation may have no more than ten (10) eighty (80)

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

twenty-four (24) immature plants.

      (6) Cooperative cultivations must be inspected as follows:

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

premises documentation from the municipality where the single location is located that the

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

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

housing and zoning codes.

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

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

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

where the cooperative cultivation is located.

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

division of state police.

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

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

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

the cooperative cultivation.

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

of the cardholder's registry identification card.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO FOOD AND DRUGS - THE EDWARD O. HAWKINS AND THOMAS C.

SLATER MEDICAL MARIJUANA ACT

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     This act would increase the amounts of marijuana that non-residential and residential

cooperative cultivation may lawfully possess.

     This act would take effect upon passage.

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LC005211

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