2016 -- H 7806

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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 21-28.6-3 of the General Laws in Chapter 21-28.6 entitled "The

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

follows:

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

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

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

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

of chapter 6 of title 7, and registered under § 21-28.6-12, that acquires, possesses, cultivates,

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

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

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

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

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

issued and possesses a valid registry identification card.

      (3) "Debilitating medical condition" means:

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

immune deficiency syndrome, Hepatitis C, or the treatment of these conditions;

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

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

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

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

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

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

provided for in § 21-28.6-5.

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

     (5) "Immature marijuana plant" means a marijuana plant with no observable flowers or

buds that is more than eight inches (8") tall and eight inches (8") wide.

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

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

are readily observable by an unaided visual examination.

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

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

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

associated with the medical condition.

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

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

Massachusetts or Connecticut.

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

(21) years old, or a compassion center. A natural person primary caregiver may assist no more

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

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

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

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

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

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

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

unusable marijuana seedling plant that is no taller than eight inches (8") and no wider than eight

inches (8") that is in a cultivating container and shall not count towards the plant limits in this

chapter.

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

roots.

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

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

plant.

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

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

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

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

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

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

debilitating medical condition or conditions.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

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

SLATER MEDICAL MARIJUANA ACT

***

     This act would provide a definition for an immature marijuana plant and update the

definition of seedling.

     This act would take effect upon passage.

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