2018 -- S 2595

========

LC004727

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2018

____________

A N   A C T

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

SLATER MEDICAL MARIJUANA ACT

     Introduced By: Senators Ciccone, Lombardi, Conley, and Nesselbush

     Date Introduced: March 01, 2018

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 21-28.6-3, 21-28.6-4 and 21-28.6-12 of the General Laws in

Chapter 21-28.6 entitled "The Edward O. Hawkins and Thomas C. Slater Medical Marijuana Act"

are hereby amended to read as follows:

     21-28.6-3. Definitions.

     For the purposes of this chapter:

     (1) "Acute pain" means pain that is usually related to a physical injury and resolves

gradually during the appropriate healing period.

     (1)(2) "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.

     (2)(3) "Cardholder" means a person who has been registered or licensed with the

department of health or the department of business regulation pursuant to this chapter and

possesses a valid registry identification card or license.

     (3)(4) "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.

     (4)(5) (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 or authorized purchaser.

     (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.

     (5)(6) "Debilitating medical condition" means:

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

immune deficiency syndrome, Hepatitis C, post-traumatic stress disorder, 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.

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

business regulation or its successor agency.

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

successor agency.

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

or its successor agency.

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

plant as defined by regulations promulgated by the department of health.

     (10)(11) "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)(12) "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,

LC004727 - Page 2 of 21

as defined by regulations promulgated by the department of health.

     (12)(13) "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.

     (13)(14) "Marijuana" has the meaning given that term in § 21-28-1.02(29).

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

are readily observable by an unaided visual examination.

     (15)(16) "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.

     (16)(17) "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.

     (17)(18) "Primary caregiver" means a natural person who is at least twenty-one (21) years

old. A primary caregiver may assist no more than five (5) qualifying patients with their medical

use of marijuana.

     (18)(19) "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.

     (19)(20) "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.

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

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

roots.

     (22)(23) "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)(24) "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.

     (24)(25) "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

LC004727 - Page 3 of 21

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)(1) Prior to July 1, 2018, 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 that are accompanied by

valid medical marijuana tags, two and one-half (2.5) three (3) ounces of dried 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.

Marijuana plants and the marijuana they produce shall be gown, stored, manufactured, and

processed in accordance with regulations promulgated by the department of business regulation.

     (2) On or after July 1, 2018, a qualifying patient cardholder who has in their 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 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 six (6) mature marijuana plants and six (6) immature marijuana plants that are

accompanied by valid medical marijuana tab; provided, however, that if the tags were ordered

and processed prior to July 1, 2018, and the tags have an expiration date on or after July 1, 2018,

the plant possession limits set forth in subsection (a)(1) of this section shall apply until the

expiration of the tags, three (3) ounces of dried 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. The plants must be stored in an indoor facility. Marijuana plants and the

marijuana they produce shall be grown, stored, manufactured, and processed in accordance with

regulations promulgated by the department of business regulation.

     (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

LC004727 - Page 4 of 21

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.

     (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), that he or she has cultivated

or manufactured pursuant to this chapter.

     (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.

     (e)(1) Prior to July 1, 2018, a 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 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 that are accompanied by valid medical marijuana tags, two and one-half (2.5) three (3)

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 of health's registration

process. Marijuana plants and the marijuana they produce shall be gown, stored, manufactured,

and processed in accordance with regulations promulgated by the department of business

regulation.

     (2) On or after July 1, 2018, a primary caregiver who has in their 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 limited to, civil penalty or disciplinary action by a business

or occupational or professional licensing board or bureau for the medical use of marijuana;

LC004727 - Page 5 of 21

provided, that the qualifying patient cardholder possesses an amount of marijuana that does not

exceed six (6) mature marijuana plants and six (6) immature marijuana plants that are

accompanied by valid medical marijuana tabs; provided, however, that if the tags were ordered

and processed prior to July 1, 2018, and such tags have an expiration date on or after July 1,

2018, the plant possession limits set forth in subsection (e)(1) of this section shall apply until the

expiration of the tags, three (3) ounces of dried 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. The plants must be stored in an indoor facility. Marijuana plants and the

marijuana they produce shall be grown, stored, manufactured, and processed in accordance with

regulations promulgated by the department of business regulation.

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

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

marijuana tags. A primary caregiver cardholder shall be allowed to possess a reasonable amount

of unusable marijuana, including up to twenty-four (24) seedlings that 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.

     (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.

     (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.

     (i) 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 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 (e), if:

     (1) The primary caregiver cardholder cultivated the marijuana pursuant to this chapter,

not to exceed the limits of subsection (e); and

LC004727 - Page 6 of 21

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

through the 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).

     (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.

     (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.

     (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.

     (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.

     (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.

     (o)(1) Notwithstanding the provisions of § 21-28.6-4(e), prior to July 1, 2018, no primary

caregiver cardholder shall possess an amount of marijuana in excess of twenty-four (24) mature

marijuana plants and twenty-four (24) immature marijuana plants that are accompanied by valid

medical marijuana tags and five (5) six (6) ounces of dried 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 of health's registration process.

     (2) Notwithstanding the provisions of § 21-28.6-4(e), on or after July 1, 2018, no primary

caregiver cardholder shall possess an amount of marijuana in excess of twelve (12) mature

LC004727 - Page 7 of 21

marijuana plants, and twelve (12) immature marijuana plants that are accompanied by valid

medical marijuana tags; provided, however, that if the tags were ordered and processed prior to

July 1, 2018, and such tags have an expiration date on or after July 1, 2018, the plant possession

limits set forth in subsection (o)(1) of this section shall apply until the expiration date of the tags

and six (6) ounces of dried usable marijuana, or its equivalent, and an amount of wet marijuana

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

patient cardholders who have completed the department of health's registration process.

     (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 that 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.

     (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.

     (t) Notwithstanding any other provision of this chapter, a qualifying patient whose

written certification specifies that their debilitating medical condition is acute pain shall:

     (1) Be issued a patient registration card which shall be valid for a period of time

determined by the recommending practitioner, and noted on the written certification in

accordance with regulations promulgated by the department of health which shall expire no later

than six (6) months after issuance;

     (2) Not be eligible to obtain medical marijuana grow tags, nor be qualified to grow,

LC004727 - Page 8 of 21

cultivate, manufacture, or process marijuana unless they have also been issued a valid primary

caregiver registration card;

     (3) Only lawfully obtain marijuana and marijuana products from a licensed compassion

center; and

     (4) Not be eligible to appoint or register with a primary caregiver.

     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. 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:

     (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

LC004727 - Page 9 of 21

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 2018, 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

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 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) ten thousand dollars ($10,000);

     (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;

LC004727 - Page 10 of 21

     (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 that 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 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 applicant's ability to provide a steady supply to the registered qualifying patients

in the state;

     (iii) The 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

LC004727 - Page 11 of 21

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

location, security devices employed, and staffing;

     (4) A compassion center approved by the department of health on or before December

31, 2016, 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; and

     (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.

     (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 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;

LC004727 - Page 12 of 21

     (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 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. If a registry identification card is denied, the compassion center

will be notified in writing of the purpose for denying the registry identification card. A registry

identification card may be granted if 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 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,

LC004727 - Page 13 of 21

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 subdivision (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

subdivision (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 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;

LC004727 - Page 14 of 21

     (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 department of health and the department of business regulation find that the

compassion center is adequately providing patients with access to medical marijuana at

reasonable rates;

     (3) If the department of health or the department of business regulation determines that

any of the conditions listed in paragraphs (d)(2)(i) -- (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);

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

compassion center one or more thirty-day (30) 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

LC004727 - Page 15 of 21

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 Service;

     (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 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 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 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 department of public safety division of state police does not inspect

LC004727 - Page 16 of 21

the compassion center within the ten-day (10) 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 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 a frequently asked questions sheet, designed by the department, that

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.

     (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, that includes duties, authority, responsibilities,

qualifications, and supervision; and

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

     (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.

     (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, that 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.

     (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

LC004727 - Page 17 of 21

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

robbery or violent accident.

     (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 primary caregiver or authorized purchaser during a fifteen-day (15) 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 its

equivalent, seedlings, or mature marijuana plants, to a qualifying patient, a qualifying patient's

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-day (15) 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,

LC004727 - Page 18 of 21

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

section to assist registered qualifying patients.

     (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 §§ 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 qualifying patients;

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

person other than a qualifying patient or to such patient's primary caregiver or 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) 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

LC004727 - Page 19 of 21

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-member (9) 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, 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 centers;

     (iii) Physician participation in the Medical Marijuana Program;

     (iv) The definition of qualifying medical condition; and

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

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

report to the general assembly on its findings.

     SECTION 2. This act shall take effect upon passage.

========

LC004727

========

LC004727 - Page 20 of 21

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 limit the amount of marijuana plants a patient cardholder and a primary

caregiver cardholder can cultivate, the length of time marijuana treatment is permitted for acute

pain, and would raise the application fee for a compassion center from two hundred-fifty dollars

($250) to ten thousand dollars ($10,000).

     This act would take effect upon passage.

========

LC004727

========

LC004727 - Page 21 of 21