2018 -- S 2895

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LC005540

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2018

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A N   A C T

RELATING TO FOOD AND DRUGS -- ADULT USE OF CANNABIS ACT

     Introduced By: Senator Joshua Miller

     Date Introduced: May 16, 2018

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Title 21 of the General Laws entitled "FOOD AND DRUGS" is hereby

amended by adding thereto the following chapters:

CHAPTER 28.10

ADULT USE OF CANNABIS ACT

     21-28.10-1. Short title.

     This chapter shall be known and may be cited as the "Adult Use of Cannabis Act."

     21-28.10-2. Legislative findings.

     The general assembly hereby finds and declares that:

     (1) Prohibiting the possession, cultivation, and sale of cannabis to adults has proven to be

an ineffective, unfair, and costly policy for the state of Rhode Island. In the absence of a legal,

tightly regulated market, an illicit cannabis industry has thrived, undermining the public health

and safety of Rhode Islanders.

     (2) Virtually every objective scientific study has found cannabis to be less harmful to the

consumer and society than alcohol. There is no evidence that cannabis use contributes to

criminality or violence, but the policy of cannabis prohibition, which leaves criminals in control

of the market, does.

     (3) Colorado, Washington, Oregon, Alaska, California, Nevada, Massachusetts, and

Maine have each enacted measures to regulate cannabis in a manner similar to alcohol. These

states have chosen to replace illegal cannabis dealers with legitimate, taxpaying businesses.

     (4) The regulation and taxation of cannabis for adult use in other states is working

successfully. Revenue is being diverted away from the illicit drug market and into projects such

as school construction and substance abuse treatment; far fewer people are receiving criminal

records for cannabis offenses; and the regulated cannabis market has created thousands of new

jobs and contributed to economic growth.

     (5) Recognizing that a majority of Rhode Islanders support ending the failed policy of

cannabis prohibition, Rhode Island joins these other states in replacing cannabis prohibition with

regulation and taxation.

     21-28.10-3. Definitions.

     For purposes of this chapter:

     (1) "Cannabis" means marijuana and all parts of the plant of the genus cannabis, whether

growing or not; the seeds thereof; the resin extracted from any part of the plant; and every

compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. It

does not include hemp, the mature stalks of the plant, fiber produced from the stalks, oil or cake

made from the seeds of the plant, or any other compound, manufacture, salt, derivative, mixture,

or preparation of the mature stalks (except the resin extracted from it), fiber, oil, or cake, or the

sterilized seed of the plant that is incapable of germination.

     (2) "Cannabis cultivation facility" means an entity that is registered pursuant to chapter

28.11 of title 21, to be exempt from state penalties for cultivating, preparing, packaging, and

selling cannabis to a retailer, processor, or another cannabis cultivation facility, but not for

manufacturing or selling cannabis products or selling cannabis to the general public.

     (3) "Cannabis establishment" means a cannabis cultivation facility, processor, retailer, or

cannabis testing facility.

     (4) "Cannabis paraphernalia" means equipment, products, and materials which are used

or intended for use in planting, propagating, cultivating, growing, harvesting, manufacturing,

compounding, converting, producing, processing, preparing, testing, analyzing, packaging,

repackaging, storing, containing, concealing, ingesting, inhaling, or otherwise introducing

cannabis into the human body.

     (5) "Cannabis processor" means an entity registered pursuant to chapter 28.11 of title 21

to be exempt from state penalties for purchasing cannabis from cannabis cultivation facilities,

manufacturing cannabis products, and selling, giving, or transferring cannabis products to a

cannabis retailer or a cannabis testing facility.

     (6) "Cannabis products" means concentrated cannabis and products that are comprised of

cannabis and other ingredients that are intended for use or consumption, such as, but not limited

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to, edible products, ointments, and tinctures.

     (7) "Cannabis testing facility" means an entity that is registered pursuant to chapter 28.11

of title 21 to be exempt from state penalties for testing cannabis and cannabis products for

potency and contaminants.

     (8) "Dwelling unit" means a 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.

     (9) "Public place" means any street, alley, park, sidewalk, public building other than

individual dwellings, or any place of business or assembly open to or frequented by the public,

and any other place to which the public has access.

     (10) "Retailer" means an entity that is registered pursuant to chapter 28.11 of title 21 to

be exempt from state penalties for purchasing cannabis from cannabis cultivation facilities,

manufacturing cannabis products and cannabis paraphernalia, and selling cannabis, cannabis

products, and cannabis paraphernalia to customers who are twenty-one (21) years of age or older.

     (11) "Smoke" means to heat to at least the point of combustion, causing plant material to

burn. It does not include vaporizing, which means heating below the point of combustion and

resulting in a vapor or mist.

     (12) "State prosecution" means prosecution initiated or maintained by the state of Rhode

Island or an agency or political subdivision of the state of Rhode Island.

     21-28.10-4. Exempt activities.

     Except as otherwise provided in this chapter:

     (1) A person who is twenty-one (21) years of age or older is exempt from arrest, civil or

criminal penalty, seizure or forfeiture of assets, discipline by any state or local licensing board,

and state prosecution for the following acts:

     (i) Actually or constructively using, obtaining, purchasing, transporting, or possessing

one ounce (1 oz) or less of cannabis, not including cannabis products;

     (ii) Actually or constructively using, obtaining, purchasing, transporting, or possessing

cannabis products containing no more than three hundred milligrams (300 mg) of delta-9-

tetrahydrocannabinol;

     (iii) Possessing five ounces (5 ozs) or less of cannabis in the person’s primary residence;

     (iv) Controlling any premises or vehicle where persons who are twenty-one (21) years of

age or older possess, process, or store amounts of cannabis and cannabis products that are legal

under state law under subsections (1)(i) and (1)(ii) of this section;

     (v) Using, obtaining, manufacturing, producing, purchasing, transporting, or possessing,

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actually or constructively, cannabis paraphernalia;

     (vi) Giving away, without consideration, cannabis seeds to a cannabis establishment or to

a person who is twenty-one (21) years of age or older;

     (vii) Selling, delivering, or transferring cannabis paraphernalia to cannabis establishments

or persons who are twenty-one (21) years of age or older;

     (viii) Giving away, without consideration, the amounts of cannabis and cannabis products

that are legal under state law under subsections (1)(i) and (1)(ii) of this section if the recipient is a

person who is twenty-one (21) years of age or older;

     (ix) Transferring or delivering cannabis products or up to one ounce (1oz) of cannabis to

a cannabis testing facility;

     (x) Aiding and abetting another person who is twenty-one (21) years of age or older in

the actions allowed under this chapter;

     (xi) Cultivating, possessing, growing, processing, or transporting no more than two (2)

cannabis plants, which are accompanied by valid cannabis tags issued by the department of

business regulation, with one or fewer being a mature, flowering plant;

     (xii) Controlling any premises where other persons twenty-one (21) years of age or older

cultivate cannabis plants, which are accompanied by valid cannabis tags issued by the department

of business regulation, with the total number of mature, flowering plants not exceeding three (3)

in any dwelling unit unless a greater number is allowed pursuant to chapter 28.6 of title 21;

     (xiii) Assisting with the cultivation of cannabis plants, which are accompanied by valid

cannabis tags issued by the department of business regulation, that are cultivated at the same

location for persons twenty-one (21) years of age or older, with the total number of mature,

flowering plants not exceeding three (3) in any dwelling unit; and

     (xiv) Any combination of the acts described within subsections (1)(i) through (1)(xiii) of

this section, inclusive.

     (2) Except as provided in this chapter and chapter 28.11 of title 21, a retailer or any

person who is twenty-one (21) years of age or older and acting in their capacity as an owner,

principal officer, partner, board member, employee, or agent of a retailer is exempt from arrest,

civil or criminal penalty, seizure or forfeiture of assets, discipline by any state or local licensing

board, and state prosecution for the following acts:

     (i) Actually or constructively transporting or possessing cannabis, including seedlings or

cuttings, that was purchased from a cannabis cultivation facility or a retailer;

     (ii) Actually or constructively transporting or possessing cannabis products that were

purchased from a processor or a retailer;

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     (iii) Obtaining or purchasing cannabis from a cannabis cultivation facility or cannabis and

cannabis products from a processor or a retailer;

     (iv) Manufacturing, possessing, producing, obtaining, or purchasing cannabis

paraphernalia;

     (v) Selling, delivering, or transferring cannabis or cannabis products to another retailer;

     (vi) Selling, transferring, or delivering cannabis, including seedlings or cuttings, cannabis

products, or cannabis paraphernalia to any person who is twenty-one (21) years of age or older;

     (vii) Transferring or delivering cannabis or cannabis products to a cannabis testing

facility;

     (viii) Controlling any premises or vehicle where cannabis, cannabis products, and

cannabis paraphernalia are possessed, sold, or deposited in a manner that is not in conflict with

this chapter or the regulations pursuant thereto; and

     (ix) Any combination of the acts described within subsections (2)(i) through (2)(viii) of

this section, inclusive.

     (3) Except as provided in this chapter and chapter 28.11 of title 21, a cannabis cultivation

facility or any person who is twenty-one (21) years of age or older and acting in their capacity as

an owner, principal officer, partner, board member, employee, or agent of a cannabis cultivation

facility is exempt from arrest, civil or criminal penalty, seizure or forfeiture of assets, discipline

by any state or local licensing board, and state prosecution for the following acts:

     (i) Cultivating, packing, processing, transporting, or manufacturing cannabis, but not

cannabis products;

     (ii) Transporting or possessing cannabis that was produced by the cannabis cultivation

facility or another cannabis cultivation facility;

     (iii) Transporting or possessing cannabis seeds;

     (iv) Possessing, transporting, or producing cannabis paraphernalia;

     (v) Selling, delivering, or transferring cannabis to a retailer, cannabis processor, or a

cannabis cultivation facility;

     (vi) Purchasing cannabis from a cannabis cultivation facility;

     (vii) Receiving cannabis seeds from a person who is twenty-one (21) years of age or

older;

     (viii) Delivering or transferring cannabis to a cannabis testing facility;

     (ix) Controlling any premises or vehicle where cannabis and cannabis paraphernalia are

possessed, manufactured, sold, or deposited; and

     (x) Any combination of the acts described within subsections (3)(i) through (3)(ix) of this

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section, inclusive.

     (4) Except as provided in this chapter and chapter 28.11 of title 21, a cannabis processor

facility or any person who is twenty-one (21) years of age or older and acting in their capacity as

an owner, principal officer, partner, board member, employee, or agent of a cannabis processor

facility is exempt from arrest, civil or criminal penalty, seizure or forfeiture of assets, discipline

by any state or local licensing board, and state prosecution for the following acts:

     (i) Producing, manufacturing, packing, processing, or transporting cannabis products;

     (ii) Packing, processing, possessing, or transporting cannabis or cannabis seeds that were

produced by a cannabis cultivation center;

     (iii) Possessing, transporting, or producing cannabis paraphernalia;

     (iv) Manufacturing, possessing, or producing cannabis products;

     (v) Selling, delivering, or transferring cannabis products to a cannabis retailer or another

cannabis processor;

     (vi) Purchasing cannabis from a cannabis cultivation facility or another cannabis

processor;

     (vii) Delivering or transferring cannabis or cannabis products to a cannabis testing

facility;

     (viii) Controlling any premises or vehicle where cannabis products and cannabis

paraphernalia are possessed, manufactured, sold, or deposited;

     (ix) Controlling any premises or vehicle where cannabis is possessed, packaged, or

deposited; and

     (x) Any combination of the acts described within subsections (4)(i) through (4)(ix) of this

section, inclusive.

     (5) Except as provided in this chapter and chapter 28.11 of title 21, a cannabis testing

facility or any person who is twenty-one (21) years of age or older and acting in their capacity as

an owner, principal officer, owner, partner, board member, employee, or agent of a cannabis

testing facility shall not be subject to state prosecution; search, except by the department of

business regulation or department of health pursuant to § 21-28.11-8; seizure; or penalty in any

manner or be denied any right or privilege, including, but not limited to, civil penalty or

disciplinary action by a court or business licensing board or entity for the following acts:

     (i) Acquiring, transporting, storing, or possessing cannabis or cannabis products;

     (ii) Returning cannabis and cannabis products to cannabis cultivation facilities, cannabis

processor facilities, and retailers, or, if the quantity is no more than the amounts allowed under

the provisions of this section, to individuals twenty-one (21) years of age or older;

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     (iii) Receiving compensation for analytical testing, including for contaminants or

potency; and

     (iv) Any combination of the acts described within subsections (4)(i) through (4)(iv) of

this section, inclusive.

     (6) The acts listed in subsections (1) through (5) of this section, when undertaken in

compliance with the provisions of this chapter, are lawful under Rhode Island law.

     21-28.10-5. Authorized activities.

     (a) Any person who is twenty-one (21) years of age or older is authorized to manufacture,

produce, use, obtain, purchase, transport, or possess, actually or constructively, cannabis

paraphernalia.

     (b) Any person who is twenty-one (21) years of age or older is authorized to distribute or

sell cannabis paraphernalia to cannabis establishments or persons who are twenty-one (21) years

of age or older.

     21-28.10-6. Public or unsecured cultivation of cannabis - Penalty.

     (a) The manufacture or cultivation of two (2) or fewer cannabis plants by any person who

is twenty-one (21) years of age or older in a manner that is contrary to this subsection is a

misdemeanor punishable by a fine of up to one thousand dollars ($1,000), up to ten (10) days in

jail, or both.

     (b) Cultivation shall not occur in a location where the cannabis plants are subject to

public view, including from another private property, without the use of binoculars, aircraft, or

other optical aids.

     (c) Cannabis must be cultivated in an enclosed, locked location.

     (d) Cultivation may only occur on property lawfully in possession of the cultivator.

     (e) If one or more persons under twenty-one (21) years of age live in or are guests at the

property where cannabis is cultivated, reasonable precautions must be taken to prevent their

access to cannabis plants. For purposes of illustration and not limitation, cultivating cannabis in a

locked closet, room, or fully enclosed area to which the person or persons under twenty-one (21)

years of age do not possess a key, constitutes reasonable precautions.

     (f) Unless the cultivator is a cannabis cultivation facility, cannabis plants must be

accompanied by valid cannabis tags issued by the department of business regulation.

     21-28.10-7. Activities not exempt.

     The provisions of this chapter do not exempt any person from arrest, civil or criminal

penalty, seizure or forfeiture of assets, discipline by any state or local licensing board, and state

prosecution for, nor may they establish an affirmative defense based on this chapter to charges

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arising from, any of the following acts:

     (1) Driving, operating, or being in actual physical control of a vehicle or a vessel under

power or sail while impaired by cannabis or cannabis products;

     (2) Possessing cannabis or cannabis products if the person is a prisoner;

     (3) Possessing cannabis or cannabis products in any local detention facility, county jail,

state prison, reformatory, or other correctional facility, including, without limitation, any facility

for the detention of juvenile offenders; or

     (4) Manufacturing of cannabis products with the use of prohibited solvents, in violation

of § 21- 28.10-12.

     21-28.10-8. Smoking cannabis shall be prohibited in all public places.

     (a) A person who smokes cannabis in a public place shall be liable for a civil penalty of

one hundred fifty dollars ($150).

     (b) Municipalities may impose additional fines for the public consumption of cannabis

that are equivalent to state fines for the consumption of alcohol in a public place.

     21-28.10-9. Places of employment.

     The provisions of this chapter do not require employers to accommodate the use or

possession of cannabis, or being under the influence of cannabis, in a place of employment.

     21-28.10-10. Private property.

     (a) Except as provided in this section, the provisions of this chapter do not require any

person, corporation, or any other entity that occupies, owns, or controls a property to allow the

consumption, cultivation, display, or transfer of cannabis on or in that property.

     (b) Except as provided in this section, in the case of the rental of a residential dwelling

unit governed by chapter 18 of title 34, a landlord may not prohibit the consumption of cannabis

by non-smoked means, the display of cannabis, or the transfer without compensation of cannabis,

if it is done within a dwelling unit and is not visible from outside of the individual residential

dwelling unit. A landlord may prohibit the consumption, display, and transfer of cannabis by a

roomer as defined in § 34-18-11.

     21-28.10-11. False age representation.

     (a) Any person who falsely represents themselves to be twenty-one (21) years of age or

older in order to obtain any cannabis, cannabis products, or cannabis paraphernalia pursuant to

this chapter is guilty of a violation.

     (b) Any person who violates this section shall be punished for the first offense by a

mandatory fine of not less than one hundred dollars ($100) nor more than five hundred dollars

($500) and shall be further punished by thirty (30) hours of community service and by a

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suspension of their motor vehicle operator's license or driving privileges for a period of thirty (30)

days; for the second offense by a mandatory fine of not less than five hundred dollars ($500) nor

more than seven hundred fifty dollars ($750) and shall be further punished by forty (40) hours of

community service and by a suspension of their motor vehicle operator's license or driving

privileges for a period of three (3) months; and for the third and subsequent offenses by a

mandatory fine for each offense of not less than seven hundred fifty dollars ($750) nor more than

one thousand dollars ($1,000) and shall be further punished by fifty (50) hours of community

service and by a suspension of their motor vehicle operator's license or driving privileges for a

period of one year.

     21-28.10-12. Unlawful cannabis extraction, penalties.

     (a) No person, other than a processor complying with this chapter and accompanying

regulations or an agent of a processor acting in that capacity, may extract compounds from

cannabis using solvents other than water, glycerin, propylene glycol, vegetable oil, or food grade

ethanol (ethyl alcohol). No person may extract compounds from cannabis using ethanol in the

presence or vicinity of open flame.

     (b) A person who violates this section is guilty of a felony punishable by up to three (3)

years in prison and a fine of up to five thousand dollars ($5,000).

CHAPTER 28.11

CANNABIS REGULATION, CONTROL, AND TAXATION ACT

     21-28.11-1. Short title.

     This chapter shall be known and may be cited as the "Cannabis Regulation, Control, and

Taxation Act."

     21-28.11-2. Definitions.

     For purposes of this chapter:

     (1) "Cannabis" means marijuana and all parts of the plant of the genus cannabis, whether

growing or not; the seeds thereof; the resin extracted from any part of the plant; and every

compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. It

does not include hemp, the mature stalks of the plant, fiber produced from the stalks, oil or cake

made from the seeds of the plant, or any other compound, manufacture, salt, derivative, mixture,

or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the

sterilized seed of the plant that is incapable of germination.

     (2) "Cannabis cultivation facility" means an entity that is registered pursuant to chapter

28.11 of title 21, to be exempt from state penalties for cultivating, preparing, packaging, and

selling cannabis to a retailer, a cannabis processor, or another cannabis cultivation facility, but not

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for manufacturing or selling cannabis products or selling cannabis to the general public.

     (3) "Cannabis establishment" means a cannabis cultivation facility, processor, retailer, or

cannabis testing facility.

     (4) "Cannabis processor" means an entity registered pursuant to chapter 28.11 of title 21

to be exempt from state penalties for purchasing cannabis from cannabis cultivation facilities,

manufacturing cannabis products, and selling, giving, or transferring cannabis products to a

cannabis retailer or a cannabis testing facility.

     (5) "Cannabis products" means concentrated cannabis and products that are comprised of

cannabis and other ingredients and are intended for use or consumption, such as, but not limited

to, edible products, ointments, and tinctures.

     (6) "Cannabis testing facility" means an entity that is registered pursuant to chapter 28.11

of title 21, to be exempt from state penalties for testing cannabis for potency and contaminants.

     (7) "Retailer" means an entity that is registered pursuant to chapter 28.11 of title 21, to be

exempt from state penalties for purchasing cannabis from cannabis cultivation facilities,

manufacturing cannabis products and cannabis paraphernalia, and selling cannabis, cannabis

products, and cannabis paraphernalia to customers who are twenty-one (21) years of age or older.

     (8) "State prosecution" means prosecution initiated or maintained by the state of Rhode

Island or an agency or political subdivision of the state of Rhode Island.

     21-28.11-3. Office of Cannabis Coordination.

     (a) There is hereby created within the office of the governor the office of cannabis

coordination, the head of which is the director of the office of cannabis coordination. Subject to

available appropriations, the director of the office shall be assisted by a deputy director and a staff

to fulfill the office's mission.

     (b) The office of cannabis coordination shall coordinate the executive branch response to

the regulation of cannabis as directed by the governor. The coordination of the executive branch

response includes, but is not limited to, strategic planning, coordination and approval of

regulations, educational content, planning and implementation, community engagement, budget

coordination, data collection and analysis functions, and any other duties deemed necessary and

appropriate by the director of the office or the governor to carry out the provisions of this chapter.

     (c) In furtherance of coordinating the oversight of adult use and medical cannabis across

state agencies, the office of cannabis coordination shall:

     (1) Coordinate with the directors and staff of each state agency regarding the agency's

promulgation and implementation of rules on adult use and medical cannabis with the objective

of producing positive economic, public safety, and health outcomes for the state and its citizens;

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     (2) Offer guidance to and communicate with municipal officials regarding the

implementation and enforcement of this chapter;

     (3) Align all policy suggestions and the promulgation of rules across state agencies to

increase efficiency and eliminate unintended negative impacts on the state and its citizens;

     (4) Communicate with regulatory officials from other states that allow cannabis for adult

use to learn from the experiences of those states;

     (5) Anticipate, prioritize, and respond to emerging issues with the regulation of cannabis;

     (6) Collect data on adult use of cannabis regulation from state agencies and report to the

governor and legislature no later than January 1, 2018, and every year thereafter. The report shall

include, but is not limited to:

     (i) The number and geographic distribution of all registered cannabis establishments;

     (ii) Data on the total amount of sales of cannabis and the total amount of revenue raised

from taxes and fees levied on cannabis;

     (iii) Projected estimate of the total cannabis revenue that will be raised in the proceeding

year; and

     (iv) The distribution of funds to programs and agencies from revenue raised from fees

and taxes levied on cannabis.

     (7) Facilitate periodic meetings of the cannabis advisory board in accordance with the

provisions outlined in § 21-28.11-4.

     (d) The office of cannabis coordination shall have final approval authority for all

guidelines, rules, and regulations pertaining to the implementation and enforcement of this

chapter.

     21-28.11-4. Cannabis advisory board.

     (a) The leaders of the general assembly shall establish a cannabis advisory board to study

and make recommendations on the regulation of cannabis and cannabis products.

     (b) The cannabis advisory board shall consist of fifteen (15) members, seven (7)

appointed by the speaker of the house, seven (7) appointed the senate president, and one

appointed by the governor. Both the speaker of the house and the senate president shall appoint

one member of the general assembly, one expert in law enforcement, one expert in public health,

one expert in the legal cannabis business community, one attorney with experience in cannabis

law and policy, one expert in social welfare or social justice, and one individual who represents

cannabis consumers. The governor shall appoint one economist.

     (c) Members of the cannabis advisory board shall serve terms of two (2) years.

     (d) Members of the board shall serve without compensation but shall be reimbursed for

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their expenses actually and necessarily incurred in the discharge of their official duties.

     (e) The director of the office of cannabis coordination shall convene and facilitate

meetings of the board at their discretion, with no fewer than three (3) meetings in any twelve (12)

month period after the effective date of this chapter. Eight (8) or more members of the board

present and voting shall constitute a quorum.

     (f) The cannabis advisory board’s duties shall include:

     (1) Advising the office of cannabis coordination on matters related to cannabis

cultivation, processing, manufacture, transport, distribution, testing and sale;

     (2) Considering and formulating recommendations on all matters submitted to it by the

office of cannabis coordination;

     (3) On its own initiative, recommending to the commission guidelines, rules and

regulations and any changes to guidelines, rules and regulations that the board considers

important or necessary;

     (4) Holding public hearings to take testimony from experts and members of the general

public on issues related to the regulation and taxation of cannabis.

     (g) All records of the cannabis advisory board shall be public records.

     (h) The director of the office of cannabis coordination shall issue advance public notice at

least fourteen (14) days prior to each meeting of the cannabis advisory board.

     21-28.11-5. Registration of cannabis establishments.

     Except as otherwise provided in this chapter:

     (1) A person or an entity may apply, in accordance with the provisions of this chapter and

the regulations adopted pursuant thereto, for the issuance of a registration exempting the entity

from state prosecution and penalties for operating as a cannabis retailer, cannabis cultivator,

cannabis processor, or cannabis testing facility pursuant to the provisions of this chapter.

     (2) As directed by the office of cannabis coordination, the department of business

regulation shall have authority to issue registrations to cannabis cultivators, cannabis retailers,

and cannabis processors.

     (3) As directed by the office of cannabis coordination, the department of health shall have

authority to issue registrations to cannabis testing facilities.

     (4) In order to determine which entities are to be issued registrations for cannabis

establishments, the office of cannabis coordination, in coordination with the department of

business regulation and the department of health, shall:

     (i) Set forth the procedures for entities to submit applications to become registered

cannabis establishments, including the content and form for applications;

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     (ii) Require remittance of an application fee, which may not exceed five thousand dollars

($5,000);

     (iii) Establish minimum qualifications for registration that are directly and demonstrably

related to the operation of a cannabis cultivation facilities, cannabis processors, retailers, and

cannabis testing facilities;

     (iv) Set forth procedures to issue registrations to applicants that meet the minimum

qualifications specified by the office of cannabis coordination.

     (5) The office of cannabis coordination shall determine the number of registrations that

may be issued for each kind of cannabis establishment, with no fewer than twenty-five (25)

registrations issued for cannabis cultivation facilities, twenty (20) registrations for cannabis

processors, forty (40) registrations for retailers, and ten (10) registrations for cannabis testing

facilities, provided that there are a sufficient number of qualified applicants to meet this

requirement.

     (6) The department of business regulation shall have the authority to adopt regulations

governing the allowable size of cannabis cultivation facilities and whether indoor or outdoor

cultivation is permitted. These regulations may include adoption of different classifications for

cannabis cultivation facilities based on their physical size or the total number of cannabis plants

allowed to be grown at the facility.

     (7) The department of business regulation may not issue a cannabis cultivation facility,

cannabis processor, or retailer registration to any entity that operates or exercises ownership,

management, or other control over a cannabis testing facility.

     (8) The department of health may not issue a cannabis testing facility registration to any

applicant that operates or exercises ownership, management, or other control over a cannabis

cultivation facility, cannabis, compassion center, cannabis product manufacturing facility, or

retailer or that shares joint ownership or management with any cultivation facility, compassion

center, cannabis product manufacturing facility, or retailer.

     (9) The office of cannabis coordination shall determine an annual registration fee, not to

exceed ten thousand dollars ($10,000) for cannabis processors, retailers, and cannabis testing

facilities and not to exceed twenty thousand dollars ($20,000) for cannabis cultivation facilities. If

the department of business regulation adopts regulations to classify cannabis cultivation facilities

based on the physical size or total number of plants allowed to be grown, annual registration fees

for cannabis cultivation facilities with different classifications shall be determined in a manner

that is proportional to the physical size of the cannabis cultivation facility or the number of plants

it is allowed to cultivate. The registration fee must be paid upon the initial issuance of the

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registration and every twelve (12) months thereafter. If the registration fee is not remitted to the

state in a timely manner, the registration shall be revoked.

     (10) The office of cannabis coordination shall set forth procedures to require all owners

and investors with a five-percent (5%) or greater financial stake in the operation of a proposed

cannabis establishment to undergo a national background check conducted by the office of the

attorney general, the state police, a local police department, or some other agency approved by

the office of cannabis coordination. An application for a cannabis establishment registration may

be rejected if a background check of an owner or investor reveals past offenses that the office of

cannabis coordination deems to be disqualifying, except that any nonviolent cannabis offense

involving one pound (1lb) or less of cannabis, or an equivalent amount pursuant to regulations

promulgated by the department of health, or three (3) or fewer cannabis plants which was

committed prior to the effective date of this chapter shall not be considered disqualifying.

     (11) The office of cannabis coordination shall consult with the office of diversity, equity,

and opportunity to set forth procedures to award registrations in a manner that promotes diversity

within the cannabis industry and creates economic opportunities for minority and women-owned

business enterprises as defined in § 37-14.1-3.

     (12) Whenever an entity seeks to renew a registration as a cannabis establishment, the

office of cannabis coordination shall require the renewal application to include a question

regarding any Occupational Safety and Health Administration actions. The office of cannabis

coordination shall consider whether additional regulations are necessary to address any such

actions in light of worker safety concerns.

     (13) Nothing in this section shall prohibit an entity holding a registration or seeking a

registration as a cannabis cultivation facility, cannabis processor, or retailer from also holding a

separate registration or seeking a separate registration for another cannabis cultivation facility,

cannabis processor, or retailer.

     (14) Nothing in this section shall prohibit an entity holding a registration or seeking a

registration as a cannabis cultivation facility, cannabis processor, or retailer from also holding a

registration as a compassion center or licensed cultivator or seeking a registration to operate as a

compassion center under § 21-28.6-12 or a licensed cultivator under § 21-28.6-16.

     21-28.11-6. Ineligibility for registration.

     (a) A cannabis establishment may not operate, and a prospective cannabis establishment

may not apply for a registration, if any of the following are true:

     (1) The entity is applying for a registration to operate as a cannabis establishment, and the

establishment would operate in a location that would violate regulations adopted by the office of

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cannabis coordination pursuant to §§ 21-28.11-8(p) and 21-28.11-8 (q); or

     (2) The establishment would be located at a site that is not designated as either an

industrial, commercial, manufacturing, horticultural, pharmaceutical, or agricultural zone or if the

proposed location would violate a municipality's zoning ordinance; or

     (3) The establishment would be located in a municipality in which residents have

approved, by a simple majority referendum, a ban on the kind of cannabis establishment being

proposed. For purpose of illustration but not limitation, a cannabis retailer may not operate in a

municipality in which residents have approved by a simple majority referendum a ban on

cannabis retailers.

     (b) Prior to July 1, 2021, no applicant may operate or apply for registrations to operate

more than:

     (1) Three (3) retailers;

     (2) Three (3) cannabis cultivation facilities; and

     (3) Three (3) cannabis processors.

     (c) For the purpose of this section, the term "applicant" includes an investor owning ten

percent (10%) or greater of the business, all members of the board of directors, members of the

LLC, or partners in the business, and all officers or other managerial employees. It does not

include non-managerial employees.

     (d) For the purpose of this section, the term "operate" includes owning ten percent (10%)

or greater of the business, serving as a member of the board of directors, being a member of an

LLC, being a partner in the business, or acting as an officer or other managerial employee. It does

not include working as a non-managerial employee.

     21-28.11-7. Suspension or termination of registration.

     The department of business regulation or department of health may suspend or terminate

the registration of a cannabis establishment that it issued a registration to if the cannabis

establishment commits violations of this chapter, regulations issued pursuant to it, or any other

state or local law.

     21-28.11-8. Regulation and control of cannabis establishments.

     (a) With input and recommendations from the cannabis advisory board and in

coordination with various other governmental agencies, the office of cannabis coordination, the

department of business regulation, and the department of health shall adopt all regulations

necessary and convenient to carry out and administer provisions in this chapter.

     (b) The advertisement of cannabis and cannabis products is prohibited with the following

exceptions:

LC005540 - Page 15 of 47

     (1) A registered cannabis establishment may maintain a website advertising cannabis,

cannabis products, and cannabis paraphernalia, including the prices of those items, provided the

website requires the user to verify that they are twenty-one (21) years of age or older before

entering.

     (2) A registered cannabis establishment may display signage outside its facility

displaying the name of the establishment, provided the signage conforms to all applicable local

guidelines and rules and does not display imagery of a cannabis leaf or the use of cannabis.

     (3) A registered cannabis establishment may be listed in public phonebooks.

     (4) A registered cannabis establishment and its logo may be listed as a sponsor of a

charitable event, provided the logo does not contain imagery of a cannabis leaf or the use of

cannabis.

     (c) The office of cannabis coordination and the department of business regulation shall

adopt regulations that specify acceptable forms of packaging for cannabis and cannabis products,

including, but not limited to, requirements that the packaging be:

     (1) Opaque; and

     (2) Constructed to be significantly difficult for children under five (5) years of age to

open and not difficult for normal adults to use properly as defined by 16 C.F.R. 1700.20 (1995);

and

     (3) Designed in a way that is not deemed as especially appealing to children.

     (d) The office of cannabis coordination and the department of business regulation shall

adopt regulations specifying the content of mandatory labels that must be affixed to all packages

containing cannabis or cannabis products at the time of sales. These regulations shall include, but

are not limited to, requirements that the label display:

     (1) The name of the establishment that cultivated the cannabis or produced the cannabis

product;

     (2) The tetrahydrocannabinol (THC) content of the product;

     (3) A "produced on" date; and

     (4) Warnings that state: "Consumption of cannabis impairs your ability to drive a car or

operate machinery” and "Keep away from children” and, unless federal law has changed to

accommodate cannabis possession, "Possession of cannabis is illegal under federal law and in

many states outside of Rhode Island."

     (e) All cannabis establishments are required to utilize an inventory tracking system

approved by the department of business regulation that tracks all cannabis from either seed or

immature plant stage up to and including the point of sale.

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     (f) The office of cannabis coordination shall establish security requirements and

regulations for all cannabis establishments to prevent theft and diversion. Security requirements

for cannabis establishments shall include, but are not limited to:

     (1) An alarm system, with a backup power source, that alerts security personnel and local

law enforcement officials of any unauthorized breach;

     (2) Perpetual video surveillance system, with a backup power source, that records video

surveillance must be stored for at least two (2) months and be accessible to law enforcement

officials upon request;

     (3) Protocols that ensure the secure transport, delivery, and storage of cannabis and

cannabis products; and

     (4) Additional security measures to protect against diversion or theft of cannabis from

cannabis cultivation facilities that cultivate cannabis outdoors.

     (g) All employees of cannabis establishments must participate in a comprehensive

training on standard operating procedures, security protocols, health and sanitation standards,

workplace safety, and the provisions of this chapter prior to working at the establishment.

Employees must be retrained on an annual basis or if state officials discover a cannabis

establishment in violation of any rule, regulation, or guideline in the course of regular inspections

or audits.

     (h) While performing duties related to their role as agent or employee of cannabis

establishment, individuals must wear unique identification badges displaying their name and

photo.

     (i) Any individual that is an agent, employee, partner, owner, or manager for a cannabis

establishment must be twenty-one (21) years or age or older.

     (j) In coordination with the office of cannabis coordination, the department of business

regulation and the division of taxation in the department of revenue shall have the authority to

collect fees and taxes levied on cannabis and shall put forth procedures for the collection of all

taxes and fees levied on cannabis.

     (k) The office of cannabis coordination, the department of business regulation, and the

department of health shall have the authority to inspect and audit cannabis establishments and

shall adopt procedures for the regular inspection and audit of cannabis establishments.

     (l) Under the direction of the office of cannabis coordination the department of

environmental management shall set forth regulations governing the allowable uses of pesticides

for the cultivation of cannabis. The department of environmental management shall set forth

procedures to regularly inspect cannabis cultivation facilities to ensure that these regulations are

LC005540 - Page 17 of 47

followed. Any cannabis cultivation facility found to be in violation of these regulations shall be

considered in violation of this chapter.

     (m) The office of cannabis coordination and the department of health shall set forth

regulations for the operation of cannabis testing facilities, including requirements for equipment,

training, and qualifications for personnel. These regulations shall set forth procedures that require

random sample testing to ensure quality control, including, but not limited to, ensuring that

cannabis and cannabis products are accurately labeled for tetrahydrocannabinol (THC) content.

The testing analysis must also include testing for residual solvents, poisons, or toxins; harmful

chemicals; dangerous molds or mildew; filth; and harmful microbials such as E. coli or

salmonella and pesticides.

     (n) Before being made available for purchase at retailer establishments, all cannabis and

cannabis products must undergo random sample testing at a registered cannabis testing facility or

other laboratory equipped to test cannabis and cannabis products that has been approved by the

office of cannabis coordination.

     (o) In coordination with the department of business regulation and department of health,

the office of cannabis coordination shall adopt regulations regarding edible cannabis products.

Prior to selling edible cannabis products to cannabis retailers, cannabis processors must submit a

proposal, which shall include photographs of the proposed product properly packaged and labeled

and any other materials deemed necessary by the office of cannabis coordination, to the office of

cannabis coordination for each line of edible cannabis products. The office of cannabis

coordination shall develop standards to prohibit cannabis products that pose public health risks,

that are easily confused with existing non-cannabis products, or that are especially attractive to

youth. Upon receipt of a proposal for an edible cannabis product line, the office of cannabis

coordination shall have up to ninety (90) days to deny the product proposal if it conflicts with the

cannabis product standards. Retailers and cannabis processors may only sell cannabis products

that have completed this review process. Additional regulations adopted by the office of cannabis

coordination regarding edible cannabis products shall include, but are not limited to:

     (1) A determination of the amount of tetrahyrdocannabinol (THC) that constitutes a

single serving in an edible cannabis product; and

     (2) A requirement that separable edible cannabis products be individually packaged and

contain no more than a single serving of tetrahydrocannabinol (THC) as defined in regulations

adopted by the office of cannabis coordination.

     (p) The office of cannabis coordination shall adopt regulations regarding allowable

locations for cannabis establishments. Such regulations may include, but are not limited to,

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zoning restrictions and/or minimum distances from public or private preschools, primary schools,

elementary schools, or secondary schools.

     (q) The office of cannabis coordination shall establish penalties for cannabis

establishments that violate approved rules and regulations, which may include fines and/or

revocation of registrations for violations of this chapter or regulations adopted pursuant thereto.

     (r) The department of business regulation shall set forth procedures and a fee, not to

exceed fifty dollars ($50.00), for individuals twenty-one (21) years or older to purchase unique

identifier cannabis plant tags, which must be affixed to any cannabis plant grown by an individual

in a residential space.

     21-28.11-9. Timeline for implementation of this chapter.

     (1) The governor shall establish the office of cannabis coordination and appoint the

director of the office of cannabis coordination no later than two (2) months after the effective date

of this chapter.

     (2) The governor, the speaker of the house, and the senate president shall each appoint

members to the cannabis advisory board as defined in § 21-28.11-4 no later than three (3) months

after the effective date of this chapter.

     (3) The office of cannabis coordination shall coordinate with the department of business

regulation to set forth procedures for the application for and issuance of registrations for cannabis

cultivation facilities and cannabis retail establishments and minimum requirements for the

operation of cannabis cultivation facilities and retailers no later than five (5) months after the

effective date of this chapter.

     (4) The office of cannabis coordination shall coordinate with the department of health to

set forth procedures for the application for and issuance of registrations for cannabis testing

facilities and minimum requirements for the operation of cannabis testing facilities no later than

five (5) months after the effective date of this chapter.

     (5) Beginning five (5) months after the effective date of this chapter, authorized

representatives of properly registered compassion centers may submit a retailer application to the

department of business regulation. Six (6) months after the effective date of this chapter, the

department shall issue a retailer registration to the authorized representative of a properly

registered compassion center under § 21-28.6-12 if the compassion center is in compliance with

all applicable rules and regulations and the authorized representative of the compassion center

submitted a retailer application. Only one retailer registration may be issued per compassion

center pursuant to this subsection. Any retailer registration issued pursuant to this subsection shall

be considered a business registration separate and distinct from the registration issued under

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chapter 28.6 of title 21.

     (6) No later than seven (7) months after the effective date of this chapter, the department

of business regulation shall begin accepting additional applications for retailer registrations,

including from applicants who are not authorized representatives of properly registered

compassion centers. By twelve (12) months after the effective date of this chapter, the department

of business regulation shall have issued at least twenty (20) retailer registrations, provided a

sufficient number of qualified applicants exist. An authorized representative of a

compassion center registered under § 21-28.6-12 shall be given priority over other applicants in

any application process, unless an authorized representative of the same compassion center has

already been granted a retailer registration.

     (7) Two (2) years after the effective date of this chapter, and every twelve (12)

months thereafter, the department of business regulation shall issue additional retailer registration

if the total number of registrations issued is fewer than forty (40). At no time after two (2) years

after the effective date of this chapter shall there be fewer than forty (40) retailer registrations

issued at any given time, provided a sufficient number of qualified applicants exists.

     (8) Beginning five (5) months after the effective date of this chapter, authorized

representatives of properly registered compassion centers or licensed cultivators under chapter

28.6 of title 21 may submit a cannabis cultivation facility application to the department of

business regulation. Six (6) months after the effective date of this chapter, the department of

business regulation shall issue a cannabis cultivation facility registration to the authorized

representative of a properly registered compassion center under § 21-28.6-12 or licensed

cultivator under § 21-28.6-16 if the compassion center or licensed cultivator is in compliance

with all applicable rules and regulations and the authorized representative of the compassion

center submitted an application. Only one cultivation facility registration may be issued per

compassion center or licensed cultivator pursuant to this subsection. Any cannabis cultivation

facility registration issued pursuant to this subsection shall be considered a business registration

separate and distinct from the registration issued under chapter 28.6 of title 21.

     (9) No later than seven (7) months after the effective date of this chapter, the department

of business regulation shall begin accepting applications for cannabis cultivation facilities,

including from applicants who are not authorized representatives of properly registered

compassion centers or licensed cultivators. Within twelve (12) months after the effective date of

this chapter, the department of business regulation shall have issued at least fifteen (15) cannabis

cultivation facility registrations, provided a sufficient number of qualified applicants exist.

     (10) No later than two (2) years after the effective date of this chapter, and every twelve

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(12) months thereafter, the department of business regulation shall issue additional cannabis

cultivation facility registrations if the total number of registrations issued is fewer than twenty-

five (25) or if the total number of registrations is insufficient to meet demand and outcompete the

illicit cannabis market.

     (11) The office of cannabis coordination shall coordinate with the department of business

regulation to set forth procedures for the application for and issuance of registrations for cannabis

processor establishments and minimum requirements for the operation of cannabis processors no

later than eighteen (18) months after the effective date of this chapter.

     (12) No later than eighteen (18) months after the effective date of this chapter, the office

of cannabis coordination shall coordinate with the department of health to adopt regulations

regarding infused cannabis products and edible cannabis product pursuant to § 21-28.11-8(o).

     (13) Beginning eighteen (18) months after the effective date of this chapter, authorized

representatives of properly registered compassion centers or licensed cultivators may submit a

cannabis processor application to the department of business regulation. Nineteen (19) months

after the effective date of this chapter, the department shall issue a cannabis processor facility

registration to the authorized representative of a properly registered compassion center or licensed

cultivator under chapter 28.6 of title 21 if the compassion center or licensed cultivator is in

compliance with all applicable rules and regulations and the authorized representative of the

compassion center or licensed cultivator submitted an application to operate a cannabis processor

facility. No more than one processor registration may be issued per compassion center or licensed

cultivator pursuant to this subsection. Any cannabis processor facility registration issued pursuant

to this subsection shall be considered a business registration separate and distinct from the

registration issued under chapter 28.6 of title 21.

     (14) No later than eighteen (18) months after the effective date of this chapter, the

department of business regulation shall begin accepting applications for processor registrations,

including from applicants who are not authorized representatives of properly registered

compassion centers or licensed cultivators. No later than nineteen (19) months after the effective

date of this chapter, the department of business regulation shall issue processor facility

registrations to no fewer than fifteen (15) qualified applicants, provided there are a sufficient

number of qualified applicants to meet this requirement.

     (15) Two (2) years after the effective date of this chapter, and every twelve (12) months

thereafter, the department of business regulation shall issue additional processor registrations if

the total number of registrations issued is fewer than twenty (20). At no time after two (2) years

after the effective date of this chapter shall there be fewer than twenty (20) processor registrations

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issued at any given time, provided a sufficient number of qualified applicants exists.

     (16) Beginning five (5) months after the effective date of this chapter, the department of

health shall accept applications to operate a cannabis testing facility.

     (17) The department of health shall grant a one year registration to at least two (2)

cannabis testing facilities within six (6) months of the effective date of this chapter.

     (18) The department of health shall grant a one year registration to a total of at least five

(5) cannabis testing facilities within twelve (12) months of the effective date of this chapter,

provided a sufficient number of qualified applicants exist.

     (19) If at any time after two (2) years after the effective date of this chapter, there are

fewer than ten (10) valid cannabis testing facility registrations, the department of health shall

accept and process applications for cannabis testing facility registrations.

     21-28.11-10. Municipal control over cannabis establishments.

     (a) Municipalities shall have the authority to enact ordinances or regulations not in

conflict with this chapter or with rules and regulations adopted by the office of cannabis

coordination regulating the time, place, and manner of cannabis establishments' operations,

provided that no local government may prohibit any type of cannabis establishments' operation

altogether, either expressly or through the enactment of ordinances or regulations which make

any type of cannabis establishments' operation impracticable.

     (b) Notwithstanding subsection (a) of this section, municipalities may prohibit specific

classes of cannabis establishments from operating within their jurisdiction if the residents of the

municipality have approved, by a simple majority referendum in the course of regularly

scheduled election, a proposal to ban cannabis cultivation facilities, retailers, processors, or

cannabis testing facilities. Municipalities must hold separate referenda to ban each class of

cannabis establishment. A single question to ban all classes of cannabis establishments shall not

be permitted.

     (c) Municipalities may impose civil and criminal penalties on the violation of ordinances

enacted pursuant to this section.

     21-28.11-11. Transportation of cannabis.

     The office of cannabis coordination shall set forth regulations and procedures to facilitate

the secure transportation of cannabis for retailers delivering products to purchasers and shipments

of cannabis or cannabis products between cannabis establishments.

     21-28.11-12. Minors on the premises of cannabis establishments.

     (a) A cannabis establishment shall not allow any person who is under twenty-one (21)

years of age to be present inside any room where cannabis or cannabis products are stored,

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produced, or sold by the cannabis establishment unless the person who is under twenty-one (21)

years of age is:

     (1) A government employee performing their official duties;

     (2) An elected official, a member of the media, a contractor performing labor that does

not include cannabis cultivation, manufacturing, packaging, or processing; or

     (3) If the cannabis establishment is a retailer, a medical cannabis patient registered

pursuant to chapter 28.6 of title 21, if the retailer premises are also registered as a compassion

center pursuant to § 21-28.6-12 and the individual under twenty-one (21) years of age is a

qualifying patient registered under chapter 28.6 of title 21.

     (b) Except as otherwise provided in this subsection, in a prosecution for a violation of this

section, it is a complete defense that before allowing a person who is under twenty-one (21) years

of age into the room where cannabis is sold or stored, a staff member for the cannabis

establishment was shown a document which appeared to be issued by an agency of a federal,

state, tribal, or foreign sovereign government and which indicated that the person who was

allowed onto the premises of the cannabis establishment was twenty-one (21) years of age or

older at the time the person was allowed onto the premises. The complete defense set forth in this

subsection does not apply if:

     (1) The document which was shown to the person who allowed the person who is under

twenty-one (21) years of age onto the premises of the retailer was counterfeit, forged, altered, or

issued to a person other than the person who was allowed onto the premises of the retailer; and

     (2) Under the circumstances, a reasonable person would have known or suspected that the

document was counterfeit, forged, altered, or issued to a person other than the person who was

allowed onto the premises.

     21-28.11-13. Retailer violations.

     (a) A retailer shall not:

     (1) Sell, give, deliver, or otherwise furnish cannabis, cannabis products, or cannabis

paraphernalia to any person who is under twenty-one (21) years of age unless the individual

under twenty-one (21) years of age is a qualifying patient registered under chapter 28.6 of title 21.

     (i) The following documents shall serve as acceptable forms of identification for the

purpose of proving an individual’s age: an armed service identification card, valid passport, the

identification card license, or any other documentation used for identification purposes that may

belong to any other person who is twenty-one (21) years or older; a motor vehicle operator's

license which bears the date of birth of the licensee, and which is issued by this state or any other

state.

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     (ii) If the retailer discovers evidence that the document presented to verify a person’s age

is inaccurate or falsified in any way to misrepresent the age of the person attempting to purchase

cannabis or cannabis products, they shall refuse to sell cannabis or cannabis products to that

individual and notify law enforcement officials.

     (iii) Except where regulations attendant to this chapter specifically modify or provide

otherwise, rules similar to the rules of § 3-8-6, applying to alcohol retailers, shall apply to

cannabis retailers.

     (iv) Proof of good faith reliance on any misrepresentation is a defense to the prosecution

of the retailer and/or the retailer’s employer an alleged violation of this section.

     (2) Sell, give, deliver, or otherwise furnish cannabis or cannabis products to any person

who is twenty-one (21) years of age or older unless the cannabis or cannabis products have

undergone random sample testing for potency and contaminants at a cannabis testing facility or

other laboratory equipped to test cannabis and cannabis products that has been approved by the

office of cannabis coordination.

     (3) Except as provided in this section, sell, deliver, give, or otherwise furnish more than

the following quantities of cannabis or cannabis products to a person in a single transaction;

     (i) One ounce (1 oz.) of cannabis, not including hashish;

     (ii) Two (2) immature cannabis plants; and

     (iii) Cannabis products containing 300 milligrams of delta-9-tetrahydrocannabinol.

     (4) Except as provided in this section, knowingly and willfully sell, give, or otherwise

furnish an amount of cannabis to a person that would cause that person to possess more than the

quantities listed in subsection (3) of this section.

     (5) Purchase cannabis from any person other than a cannabis cultivation facility or

retailer.

     (6) Purchase cannabis products from any person other than a cannabis processor.

     (7) Violate regulations issued by the office of cannabis coordination.

     (8) Offer customers special deals, coupons, or giveaways that allow avoidance of

cannabis taxes. Except as otherwise provided by regulation, the tax levied under this subsection

shall apply to the full price, if non-itemized, of any transaction involving both:

     (i) Cannabis or cannabis products; and

     (ii) Any other otherwise distinct and identifiable goods or services.

     (b) The prohibitions on dispensing cannabis in subsections (a)(2) and (a)(3) of this

section do not apply in instances where the retailer holds a valid registration as a compassion

center under chapter 28.6 of title 21 and has verified that the person is a qualifying patient or

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primary caregiver registered under chapter 28.6 of title 21 and the amount of cannabis dispensed

is within the qualifying patient's limits.

     (c) In addition to any other penalty provided pursuant to specific statutes, a retailer who

violates this section is guilty of a misdemeanor and shall be punished by a fine of not more than

one thousand dollars ($1,000).

     21-28.11-14. Cannabis cultivation facility violations.

     (a) A cannabis cultivation facility shall not:

     (1) Manufacture, sell, give away, or otherwise distribute cannabis products;

     (2) Sell, deliver, give away, or otherwise furnish cannabis to any person other than a

cannabis establishment or an agent or staff member acting on behalf of a cannabis establishment;

     (3) Purchase cannabis from any person other than a cannabis cultivation facility; or

     (4) Purchase or sell, deliver, give, or otherwise furnish cannabis in any manner other than

as is exempted from state penalties pursuant to the provisions of this chapter and any regulations

adopted pursuant thereto.

     (b) In addition to any other penalty provided pursuant to specific statutes, a person who

violates this section is guilty of a misdemeanor and shall be punished by a fine of not more than

one thousand dollars ($1,000).

     21-28.11-15. Cannabis processor facility violations.

     (a) A cannabis processor facility shall not:

     (1) Manufacture, cultivate, or produce cannabis;

     (2) Sell, deliver, give away, or otherwise furnish cannabis products to any person other

than a cannabis retailer or an agent or staff member acting on behalf of a cannabis retailer;

     (3) Purchase cannabis from any person other than a cannabis cultivation facility; or

     (4) Purchase or sell, deliver, give, or otherwise furnish cannabis products in any manner

other than as is exempted from state penalties pursuant to the provisions of this chapter and any

regulations adopted pursuant thereto.

     (b) In addition to any other penalty provided pursuant to specific statutes, a person who

violates this section is guilty of a misdemeanor and shall be punished by a fine of not more than

one thousand dollars ($1,000).

     21-28.11-16. Excise tax.

     Imposition of excise tax on retail cannabis sales.

     (a) Except as provided for in subsection (b) of this section, an excise tax at a rate of ten

percent (10%) of the sales price, in addition to the standard sales tax imposed by § 44-18-18, shall

be imposed on all retail sales of cannabis, cannabis products, seedlings, and cuttings.

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     (b) The excise tax does not apply to medical cannabis sales from a registered compassion

center to a registered qualifying patient or a registered primary caregiver pursuant to § 21-28.6-

12.

     (c) Under the direction of the office of cannabis coordination, the division of taxation

shall have the authority to collect the proceeds of the excise tax on retail cannabis sales and

disburse the funds to the cannabis regulation fund pursuant to § 21-28.11-17.

     (d) Except as provided for in subsection (b) of this section, any city or town may impose,

an additional local excise tax upon the retail sale of cannabis, cannabis products, seedlings and

cuttings by a marijuana retailer operating within the city or town at a rate not greater than three

percent (3%) of the sales price to anyone other than a marijuana establishment. A marijuana

retailer shall pay a local excise tax imposed under this section to the division of taxation at the

same time and in the same manner as the excise tax due to the state.

     All sums received by the division of taxation under this subsection shall be distributed,

credited and paid at least quarterly by the state treasurer to each city or town that has adopted this

section in production to the amount of such sums received from the sale or transfer of marijuana

and marijuana products in the city or town.

     21-28.11-17. Restricted receipt account and distribution of funds.

     (a) Fees and taxes collected pursuant to this chapter shall be deposited in a restricted

receipt account entitled "cannabis regulation fund."

     (b) The amounts on deposit in the account for receipts of cannabis state excise taxes and

fees shall be disbursed in the following manner:

     (1) In the 2018 fiscal year budget and every fiscal year budget thereafter, the governor

shall submit a budget to the general assembly to appropriate funds from the cannabis regulation

fund to provide for all necessary expenses incurred by the office of cannabis coordination, the

department of business regulation, the department of health, the division of taxation, and the

department of environmental management in the performance of their duties pursuant to this

chapter.

     (2) After sufficient funds are appropriated from the cannabis regulation fund to provide

for the expenses related to implementation and regulatory enforcement of this chapter, three

million dollars ($3,000,000) of remaining funds shall be disbursed to the state police, beginning

in fiscal year 2019-2020 until and including fiscal year 2024-2025 to establish and adopt

protocols to determine whether a driver is operating a vehicle while impaired, including

impairment by the use of marijuana and to establish and adopt best practices to assist law

enforcement agencies. An additional fifteen percent (15%) of remaining funds shall be disbursed

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to the state police for the purpose of conducting training programs for detecting, testing, and

enforcing laws against impaired driving while under the influence of alcohol or drugs, enforcing

laws against impaired driving and training additional law enforcement officers to become drug

recognition experts. Fifteen percent (15%) of remaining funds shall be disbursed to the

department of behavioral healthcare, developmental disabilities and hospitals, for evidence-based

and evidence-informed programs for youth designed to educate and prevent substance abuse

disorders and to prevent harm from substance abuse, including youth substance use early

intervention services and youth substance use disorder treatment and recovery services. Fifteen

percent (15%) of remaining funds shall be used for public education to prevent driving while

impaired by alcohol or other drugs, including marijuana. Fifty-five percent (55%) of remaining

funds shall be deposits into the state's general fund.

     21-28.11-18. Contracts enforceable.

     It is the public policy of the state that contracts related to the operation of a cannabis

establishment, compassion center, or hemp cultivator registered pursuant to Rhode Island law

shall be enforceable. It is the public policy of the state that no contract entered into by a registered

cannabis establishment or hemp cultivator or its employees or agents as permitted pursuant to a

valid registration with a department of the state, or by those who allow property to be used by an

establishment, its employees, or its agents as permitted pursuant to a valid registration, shall be

unenforceable on the basis that cultivating, obtaining, manufacturing, distributing, dispensing,

transporting, selling, possessing, or using cannabis or hemp is prohibited by federal law.

     21-28.11-19. Compassion center registrants.

     (a) Each cannabis establishment that is at the same location as a compassion center must:

     (1) Follow all provisions pursuant to chapter 28.6 of title 21 and all regulations related to

medical cannabis adopted by the office of cannabis coordination, the department of business, or

the department of health;

     (2) Separate all inventory that is offered for sale or donation to medical cannabis

cardholders pursuant to chapter 28.6 of title 21 from cannabis and cannabis products that are

offered for sale to adult consumers;

     (3) Label all cannabis and cannabis products that are offered for sale to adult consumers §

21-28.6-12 with "Retail cannabis - for use by adults 21 and older only."

     (b) For purposes of this section, "adult consumer" means a person who is twenty-one (21)

years of age or older and who is not a medical cannabis cardholder obtaining medical cannabis

from a compassion center pursuant to chapter 28.6 of title 21.

     21-28.11-20. Failure of department to adopt regulations.

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     (a) If the office of cannabis coordination fails to adopt regulations to implement this

chapter or fails to begin processing applications for cannabis establishments within twelve (12)

months of the effective date of this chapter, any citizen may commence an action in a court of

competent jurisdiction to compel the office of cannabis coordination to perform the actions

mandated pursuant to the provisions of this chapter.

     21-28.11-21. Severability.

     (a) If any provision of this chapter or its application thereof to any person or

circumstance is held invalid, such invalidity shall not affect other provisions or applications of

this chapter, which can be given effect without the invalid provision or application, and to this

end the provisions of this chapter are declared to be severable.

     SECTION 2. Sections 12-1.3-2 and 12-1.3-3 of the General Laws in Chapter 12-1.3

entitled "Expungement of Criminal Records" are hereby amended to read as follows:

     12-1.3-2. Motion for expungement.

     (a) Any person who is a first offender may file a motion for the expungement of all

records and records of conviction for a felony or misdemeanor by filing a motion in the court in

which the conviction took place; provided, that no person who has been convicted of a crime of

violence shall have his or her records and records of conviction expunged; and provided, that all

outstanding court-imposed or court-related fees, fines, costs, assessments, charges, and/or any

other monetary obligations have been paid, unless such amounts are reduced or waived by order

of the court.

     (b) Subject to subsection (a), a person may file a motion for the expungement of records

relating to a misdemeanor conviction after five (5) years from the date of the completion of his or

her sentence.

     (c) Subject to subsection (a), a person may file a motion for the expungement of records

relating to a felony conviction after ten (10) years from the date of the completion of his or her

sentence.

     (d) Subject to § 12-19-19(c), and without regard to subsections (a) through (c) of this

section, a person may file a motion for the expungement of records relating to a deferred sentence

upon its completion, after which the court will hold a hearing on the motion.

     (e) With regard to subsections (a) through (c) of this section, a person may file a motion

for the expungement of records related to an offense that has been either decriminalized or

legalized subsequent to the date of such conviction, after which the court will hold a hearing on

the motion in the court in which the original conviction took place.

     12-1.3-3. Motion for expungement -- Notice -- Hearing -- Criteria for granting.

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     (a) Any person filing a motion for expungement of the records of his or her conviction

pursuant to § 12-1.3-2 shall give notice of the hearing date set by the court to the department of

the attorney general and the police department that originally brought the charge against the

person at least ten (10) days prior to that date.

     (b) The court, after the hearing at which all relevant testimony and information shall be

considered, may, in its discretion, order the expungement of the records of conviction of the

person filing the motion if it finds:

     (1) (i) That in the five (5) years preceding the filing of the motion, if the conviction was

for a misdemeanor, or in the ten (10) years preceding the filing of the motion, if the conviction

was for a felony, the petitioner has not been convicted nor arrested for any felony or

misdemeanor; there are no criminal proceedings pending against the person; that the person does

not owe any outstanding court-imposed or court-related fees, fines, costs, assessments, or

charges, unless such amounts are reduced or waived by order of the court, and he or she has

exhibited good moral character; or

     (ii) That after a hearing held under the provisions of § 12-19-19(c), the court finds that

the person has complied with all of the terms and conditions of the deferral agreement including,

but not limited to, the payment in full of any court-ordered fines, fees, costs, assessments, and

restitution to victims of crimes; there are no criminal proceedings pending against the person; and

he or she has established good moral character. Provided, that no person who has been convicted

of a crime of violence shall have their records relating to a deferred sentence expunged.

     (2) That the petitioner's rehabilitation has been attained to the court's satisfaction and the

expungement of the records of his or her conviction is consistent with the public interest.

     (c) If the court grants the motion, it shall, after payment by the petitioner of a one

hundred dollar ($100) fee to be paid to the court, order all records and records of conviction

relating to the conviction expunged and all index and other references to it removed from public

inspection. A copy of the order of the court shall be sent to any law enforcement agency and other

agency known by either the petitioner, the department of the attorney general, or the court to have

possession of the records. Compliance with the order shall be according to the terms specified by

the court.

     (d) The defendant shall be advised at the hearing that any and all bail money relating to a

case that remains on deposit and is not claimed at the time of expungement shall be escheated to

the state's general treasury in accordance with chapter 12 of title 8.

     (e) In cases of expungement sought pursuant to § 12-1.3-2(d), the court shall, after a

hearing at which it finds that all conditions of the original criminal sentence have been completed

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and any and all fines, fees, and costs related to conviction have been paid in full, order the

expungement without cost to the petitioner. At said hearing, should the petitioner demonstrate, by

prima facie evidence, that the conviction of said offense resulted from conduct that is a

decriminalized civil violation under current law or has been legalized subsequent to the

conviction, the burden shifts to the state to demonstrate that the conviction does not qualify for

relief under this chapter.

     SECTION 3. Sections 21-28-4.01, 21-28-4.01.1 and 21-28-4.01.2 of the General Laws in

Chapter 21-28 entitled "Uniform Controlled Substances Act" are hereby amended to read as

follows:

     21-28-4.01. Prohibited acts A -- Penalties.

     (a) (1) Except as authorized by this chapter, or exempted from annual penalties pursuant

to chapters 28.10 or 28.11 of title 21, it shall be unlawful for any person to manufacture, deliver,

or possess with intent to manufacture or deliver a controlled substance.

     (2) Any person who is not a drug-addicted person, as defined in § 21-28-1.02(18), who

violates this subsection with respect to a controlled substance classified in schedule I or II, except

the substance classified as marijuana, is guilty of a crime and, upon conviction, may be

imprisoned to a term up to life or fined not more than five hundred thousand dollars ($500,000)

nor less than ten thousand dollars ($10,000), or both.

     (3) Where the deliverance as prohibited in this subsection shall be the proximate cause of

death to the person to whom the controlled substance is delivered, it shall not be a defense that

the person delivering the substance was, at the time of delivery, a drug-addicted person as defined

in § 21-28-1.02(18).

     (4) Any person under twenty-one (21) years of age, except as provided for in subdivision

(2) of this subsection, who violates this subsection with respect to the manufacture of two (2) or

fewer total marijuana plants is guilty of a crime and upon conviction may be imprisoned for not

more than six (6) months, or fined not more than five hundred dollars ($500), or both:

     (5) Any person, except as provided for in subsections (2) or (4) of this section, who

violates this subsection with respect to:

     (i) A controlled substance, classified in schedule I or II, is guilty of a crime and, upon

conviction, may be imprisoned for not more than thirty (30) years, or fined not more than one

hundred thousand dollars ($100,000) nor less than three thousand dollars ($3,000), or both;

     (ii) The manufacture of three (3) or more marijuana plants, is guilty of a crime and upon

conviction may be imprisoned for not more than three (3) years or fined not more than two

thousand five hundred dollars ($2,500) for each plant over the allowed limit of two (2), or both;

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     (iii) The delivery of marijuana is guilty of a crime and upon conviction may be

imprisoned for not more than five (5) years or fined not more than one hundred thousand dollars

($100,000), or both;

     (ii)(iv) A controlled substance, classified in schedule III or IV, is guilty of a crime and,

upon conviction, may be imprisoned for not more than twenty (20) years, or fined not more than

forty thousand dollars ($40,000), or both; provided, with respect to a controlled substance

classified in schedule III(d), upon conviction may be imprisoned for not more than five (5) years,

or fined not more than twenty thousand dollars ($20,000), or both.

     (iii)(v) A controlled substance, classified in schedule V, is guilty of a crime and, upon

conviction, may be imprisoned for not more than one year, or fined not more than ten thousand

dollars ($10,000), or both.

     (b) (1) Except as authorized by this chapter, it is unlawful for any person to create,

deliver, or possess with intent to deliver, a counterfeit substance.

     (2) Any person who violates this subsection with respect to:

     (i) A counterfeit substance, classified in schedule I or II, is guilty of a crime and, upon

conviction, may be imprisoned for not more than thirty (30) years, or fined not more than one

hundred thousand dollars ($100,000), or both;

     (ii) A counterfeit substance, classified in schedule III or IV, is guilty of a crime and, upon

conviction, may be imprisoned for not more than twenty (20) years, or fined not more than forty

thousand dollars ($40,000), or both; provided, with respect to a controlled substance classified in

schedule III(d), upon conviction may be imprisoned for not more than five (5) years, or fined not

more than twenty thousand dollars ($20,000), or both.

     (iii) A counterfeit substance, classified in schedule V, is guilty of a crime and, upon

conviction, may be imprisoned for not more than one year, or fined not more than ten thousand

dollars ($10,000), or both.

     (c) (1) It shall be unlawful for any person knowingly or intentionally to possess a

controlled substance, unless the substance was obtained directly from, or pursuant to, a valid

prescription or order of a practitioner while acting in the course of his or her professional

practice, or except as otherwise authorized by this chapter or exempt from arrest by chapters

28.10 or 28.11 of title 21.

     (2) Any person who violates this subsection with respect to:

     (i) A controlled substance classified in schedules I, II and III, IV, and V, except the

substance classified as marijuana, is guilty of a crime and, upon conviction, may be imprisoned

for not more than three (3) years, or fined not less than five hundred dollars ($500) nor more than

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five thousand dollars ($5,000), or both;

     (ii) More than one ounce (1 oz.) of a controlled substance classified in schedule I as

marijuana is guilty of a misdemeanor, except for those persons subject to (a)(1), and, upon

conviction, may be imprisoned for not more than one year, or fined not less than two hundred

dollars ($200) nor more than five hundred dollars ($500), or both.

     (iii) Notwithstanding any public, special, or general law to the contrary, the possession of

one ounce (1 oz.) or less of marijuana by a person who is eighteen (18) years of age or older but

who is less than twenty-one (21) years of age, and who is not exempted from penalties pursuant

to chapter 28.6 of this title, shall constitute a civil offense, rendering the offender liable to a civil

penalty in the amount of one hundred fifty dollars ($150) and forfeiture of the marijuana, but not

to any other form of criminal or civil punishment or disqualification. Notwithstanding any public,

special, or general law to the contrary, this civil penalty of one hundred fifty dollars ($150) and

forfeiture of the marijuana shall apply if the offense is the first (1st) or second (2nd) violation

within the previous eighteen (18) months.

     (iv) Notwithstanding any public, special, or general law to the contrary, possession of one

ounce (1 oz.) or less of marijuana by a person who is seventeen (17) years of age or older and

under the age of eighteen (18) years, and who is not exempted from penalties pursuant to chapter

28.6 of this title, shall constitute a civil offense, rendering the offender liable to a civil penalty in

the amount of one hundred fifty dollars ($150) and forfeiture of the marijuana; provided the

minor offender completes an approved, drug-awareness program and community service as

determined by the court. If the person seventeen (17) years of age or older and under the age of

eighteen (18) years fails to complete an approved, drug-awareness program and community

service within one year of the disposition, the penalty shall be a three hundred dollar ($300) civil

fine and forfeiture of the marijuana, except that if no drug-awareness program or community

service is available, the penalty shall be a fine of one hundred fifty dollars ($150) and forfeiture

of the marijuana. The parents or legal guardian of any offender seventeen (17) years of age or

older and under the age of eighteen (18) shall be notified of the offense and the availability of a

drug-awareness and community-service program. The drug-awareness program must be approved

by the court, but shall, at a minimum, provide four (4) hours of instruction or group discussion

and ten (10) hours of community service. Notwithstanding any other public, special, or general

law to the contrary, this civil penalty shall apply if the offense is the first or second violation

within the previous eighteen (18) months.

     (v) Notwithstanding any public, special, or general law to the contrary, a person who is

less than twenty-one (21) years of age and who is not exempted from penalties pursuant to

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chapter 28.6 of this title found in possession of one ounce (1 oz.) or less of marijuana is guilty of

a misdemeanor and, upon conviction, may be imprisoned for not more than thirty (30) days, or

fined not less than two hundred dollars ($200) nor more than five hundred dollars ($500), or both,

if that person has been previously adjudicated on a violation for possession of less than one ounce

(1 oz.) of marijuana under (c)(2)(iii) or (c)(2)(iv) two (2) times in the eighteen (18) months prior

to the third (3rd) offense.

     (vi) Any unpaid civil fine issued under (c)(2)(iii) or (c)(2)(iv) shall double to three

hundred dollars ($300) if not paid within thirty (30) days of the disposition. The civil fine shall

double again to six hundred dollars ($600) if it has not been paid within ninety (90) days.

     (vii) No person may be arrested for a violation of (c)(2)(iii) or (c)(2)(iv) of this

subsection except as provided in this subparagraph. Any person in possession of an identification

card, license, or other form of identification issued by the state or any state, city, or town, or any

college or university, who fails to produce the same upon request of a police officer who informs

the person that he or she has been found in possession of what appears to the officer to be one

ounce (1 oz.) or less of marijuana, or any person without any such forms of identification who

fails or refuses to truthfully provide his or her name, address, and date of birth to a police officer

who has informed such person that the officer intends to provide such individual with a citation

for possession of one ounce (1 oz.) or less of marijuana, may be arrested.

     (viii) No violation of (c)(2)(iii) or (c)(2)(iv) of this subsection shall be considered a

violation of parole or probation.

     (ix) Any records collected by any state agency, tribunal, or the family court that include

personally identifiable information about violations of (c)(2)(iii) or (c)(2)(iv) shall not be open to

public inspection in accordance with § 8-8.2-21.

     (3) Jurisdiction. Any and all violations of (c)(2)(iii) and (c)(2)(iv) shall be the exclusive

jurisdiction of the Rhode Island traffic tribunal. All money associated with the civil fine issued

under (c)(2)(iii) or (c)(2)(iv) shall be payable to the Rhode Island traffic tribunal. Fifty percent

(50%) of all fines collected by the Rhode Island traffic tribunal from civil penalties issued

pursuant to (c)(2)(iii) or (c)(2)(iv) shall be expended on drug-awareness and treatment programs

for youth.

     (4) Additionally, every person convicted or who pleads nolo contendere under (c)(2)(i) or

convicted or who pleads nolo contendere a second or subsequent time under (c)(2)(ii), who is not

sentenced to a term of imprisonment to serve for the offense, shall be required to:

     (i) Perform up to one hundred (100) hours of community service;

     (ii) Attend and complete a drug-counseling and education program, as prescribed, by the

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director of the department of behavioral healthcare, developmental disabilities and hospitals and

pay the sum of four hundred dollars ($400) to help defray the costs of this program which shall be

deposited as general revenues. Failure to attend may result, after hearing by the court, in jail

sentence up to one year;

     (iii) The court shall not suspend any part or all of the imposition of the fee required by

this subsection, unless the court finds an inability to pay;

     (iv) If the offense involves the use of any automobile to transport the substance or the

substance is found within an automobile, then a person convicted or who pleads nolo contendere

under (c)(2)(i) and (c)(2)(ii) shall be subject to a loss of license for a period of six (6) months for

a first offense and one year for each offense after.

     (5) All fees assessed and collected pursuant to (c)(3)(ii) shall be deposited as general

revenues and shall be collected from the person convicted or who pleads nolo contendere before

any other fines authorized by this chapter.

     (d) It shall be unlawful for any person to manufacture, distribute, or possess with intent to

manufacture or distribute, an imitation controlled substance. Any person who violates this

subsection is guilty of a crime and, upon conviction, shall be subject to the same term of

imprisonment and/or fine as provided by this chapter for the manufacture or distribution of the

controlled substance that the particular imitation controlled substance forming the basis of the

prosecution was designed to resemble and/or represented to be; but in no case shall the

imprisonment be for more than five (5) years nor the fine for more than twenty thousand dollars

($20,000).

     (e) It shall be unlawful for a practitioner to prescribe, order, distribute, supply, or sell an

anabolic steroid or human growth hormone for: (1) Enhancing performance in an exercise, sport,

or game, or (2) Hormonal manipulation intended to increase muscle mass, strength, or weight

without a medical necessity. Any person who violates this subsection is guilty of a misdemeanor

and, upon conviction, may be imprisoned for not more than six (6) months or a fine of not more

than one thousand dollars ($1,000), or both.

     (f) It is unlawful for any person to knowingly or intentionally possess, manufacture,

distribute, or possess with intent to manufacture or distribute, any extract, compound, salt

derivative, or mixture of salvia divinorum or datura stramonium or its extracts unless the person

is exempt pursuant to the provisions of § 21-28-3.30. Notwithstanding any laws to the contrary,

any person who violates this section is guilty of a misdemeanor and, upon conviction, may be

imprisoned for not more than one year, or fined not more than one thousand dollars ($1,000), or

both. The provisions of this section shall not apply to licensed physicians, pharmacists, and

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accredited hospitals and teaching facilities engaged in the research or study of salvia divinorum or

datura stramonium and shall not apply to any person participating in clinical trials involving the

use of salvia divinorum or datura stramonium.

     21-28-4.01.1. Minimum sentence -- Certain quantities of controlled substances.

     (a) Except as authorized by this chapter, it shall be unlawful for any person to

manufacture, sell, or possess with intent to manufacture, or sell, a controlled substance classified

in schedules I or II (excluding marijuana) or to possess or deliver the following enumerated

quantities of certain controlled substances:

     (1) One ounce (1 oz.) to one kilogram (1 kg.) of a mixture or substance containing a

detectable amount of heroin;

     (2) One ounce (1 oz.) to one kilogram (1 kg.) of a mixture or substance containing a

detectable amount of:

     (i) Coca leaves, except coca leaves and extracts of coca leaves from which cocaine,

ecgonine, and derivatives of ecgonine or their salts have been removed;

     (ii) Cocaine, its salts, optical and geometric isomers, and salts of isomers;

     (iii) Ecgonine, its derivatives, their salts, isomers, and salts of isomers; or

     (iv) Any compound, mixture, or preparation which contains any quantity of any of the

substances referred to in paragraphs (i) -- (iii) of this subdivision;

     (3) One gram (1 g.) to ten grams (10 gs.) of phencyclidine (PCP) or one hundred (100) to

one thousand (1,000) tablets of a mixture or substance containing a detectable amount of

phencyclidine (PCP);

     (4) One-tenth of a gram (0.1 g.) to one gram (1 g.) of lysergic acid diethylamide (LSD) or

one hundred (100) to one thousand (1,000) tablets of a mixture or substance containing a

detectable amount of lysergic acid diethylamide (LSD);

     (5) One kilogram (1 kg.) to five (5 kgs.) kilograms of a mixture containing a detectable

amount of marijuana; or

     (6) One ounce (1 oz.) to one kilogram (1 kg.) of a mixture or substance containing a

detectable amount of synthetic drugs.

     (b) Any person who violates this section shall be guilty of a crime, and upon conviction,

may be imprisoned for a term up to fifty (50) years and fined not more than five hundred

thousand dollars ($500,000).

     21-28-4.01.2. Minimum sentence -- Certain quantities of controlled substances.

     (a) Except as authorized by the chapter, it shall be unlawful for any person to possess,

manufacture, sell, or deliver the following enumerated quantities of certain controlled substances:

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     (1) More than one kilogram (1 kg.) of a mixture or substance containing a detectable

amount of heroin;

     (2) More than one kilogram (1 kg.) of a mixture or substance containing a detectable

amount of:

     (i) Coca leaves, except coca leaves and extracts of coca leaves from which cocaine,

ecgonine, and derivatives of ecgonine or their salts have been removed;

     (ii) Cocaine, its salts, optical and geometric isomers, and salts of isomers;

     (iii) Ecgonine, its derivatives, their salts, isomers, and salts of isomers; or

     (iv) Any compound, mixture, or preparation which contains any quantity of any of the

substances referred to in paragraphs (i) -- (iii) of this subdivision;

     (3) More than ten grams (10 gs.) of phencyclidine (PCP) or more than one thousand

(1,000) tablets of a mixture or substance containing a detectable amount of phencyclidine (PCP);

     (4) More than one gram (1 g.) of lysergic acid diethylamide (LSD); or more than one

thousand (1,000) tablets of a mixture or substance containing a detectable amount of lysergic acid

diethylamide (LSD);

     (5) More than five kilograms (5 kgs.) of a mixture containing a detectable amount of

marijuana; or

     (6) More than one kilogram (1 kg.) of a mixture or substance containing a detectable

amount of synthetic drugs.

     (b) Any person who violates this section shall be guilty of a crime, and upon conviction,

may be imprisoned for a term up to life and fined not more than one million dollars ($1,000,000).

     SECTION 4. Chapter 31-22 of the General Laws entitled "Miscellaneous Rules" is

hereby amended by adding thereto the following section:

     31-22-31. Consuming marijuana in a moving vehicle.

     (a) No person shall consume marijuana while driving a motor vehicle on any street or

highway within the state.

     (b) No person shall smoke or vaporize marijuana while they are a passenger in a motor

vehicle that is being operated on any street or highway within the state.

     (c) Any person found in violation of this section may be fined not more than two hundred

dollars ($200) or have their driver's license suspended for up to six (6) months, or both, for the

first violation, and for each subsequent violation may be fined not more than five hundred dollars

($500) or have their driver's license suspended for up to one year, or both.

     (d) The original jurisdiction of this section shall be exclusively in the traffic tribunal.

     SECTION 5. Sections 31-27-2 and 31-27-2.4 of the General Laws in Chapter 31-27

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entitled "Motor Vehicle Offenses" are hereby amended to read as follows:

     31-27-2. Driving under influence of liquor or drugs.

     (a) Whoever drives or otherwise operates any vehicle in the state while under the

influence of any intoxicating liquor, drugs, toluene, or any controlled substance as defined in

chapter 28 of title 21, or any combination of these, shall be guilty of a misdemeanor, except as

provided in subdivision (d)(3), and shall be punished as provided in subsection (d).

     (b) (1) Any person charged under subsection (a), whose blood alcohol concentration is

eight one-hundredths of one percent (.08%) or more by weight, as shown by a chemical analysis

of a blood, breath, or urine sample, shall be guilty of violating subsection (a). This provision shall

not preclude a conviction based on other admissible evidence. Proof of guilt under this section

may also be based on evidence that the person charged was under the influence of intoxicating

liquor, drugs, toluene, or any controlled substance defined in chapter 28 of title 21, or any

combination of these, to a degree that rendered the person incapable of safely operating a vehicle.

The fact that any person charged with violating this section is, or has been, legally entitled to use

alcohol or a drug shall not constitute a defense against any charge of violating this section. A

person twenty-one (21) years of age or older or a person exempt from criminal penalties for the

medical use of marijuana pursuant to chapter 28.6 of title 21 shall not be considered under the

influence of marijuana solely because of the presence of marijuana metabolites or components of

marijuana.

     (2) Except as provided in this subsection, Whoever whoever drives, or otherwise

operates, any vehicle in the state with a blood presence of any scheduled controlled substance as

defined within chapter 28 of title 21, as shown by analysis of a blood or urine sample, shall be

guilty of a misdemeanor and shall be punished as provided in subsection (d).

     (c) In any criminal prosecution for a violation of subsection (a), evidence as to the

amount of intoxicating liquor, toluene, or any controlled substance as defined in chapter 28 of

title 21, or any combination of these, in the defendant's blood at the time alleged as shown by a

chemical analysis of the defendant's breath, blood, or urine or other bodily substance, shall be

admissible and competent, provided that evidence is presented that the following conditions have

been complied with:

     (1) The defendant has consented to the taking of the test upon which the analysis is made.

Evidence that the defendant had refused to submit to the test shall not be admissible unless the

defendant elects to testify.

     (2) A true copy of the report of the test result was mailed within seventy-two (72) hours

of the taking of the test to the person submitting to a breath test.

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     (3) Any person submitting to a chemical test of blood, urine, or other body fluids shall

have a true copy of the report of the test result mailed to him or her within thirty (30) days

following the taking of the test.

     (4) The test was performed according to methods and with equipment approved by the

director of the department of health of the state of Rhode Island and by an authorized individual.

     (5) Equipment used for the conduct of the tests by means of breath analysis had been

tested for accuracy within thirty (30) days preceding the test by personnel qualified as

hereinbefore provided, and breathalyzer operators shall be qualified and certified by the

department of health within three hundred sixty-five (365) days of the test.

     (6) The person arrested and charged with operating a motor vehicle while under the

influence of intoxicating liquor, toluene, or any controlled substance as defined in chapter 28 of

title 21, or, any combination of these in violation of subsection (a), was afforded the opportunity

to have an additional chemical test. The officer arresting or so charging the person shall have

informed the person of this right and afforded him or her a reasonable opportunity to exercise this

right, and a notation to this effect is made in the official records of the case in the police

department. Refusal to permit an additional chemical test shall render incompetent and

inadmissible in evidence the original report.

     (d) (1) (i) Every person found to have violated subdivision (b)(1) shall be sentenced as

follows: for a first violation whose blood alcohol concentration is eight one-hundredths of one

percent (.08%), but less than one-tenth of one percent (.1%), by weight, or who has a blood

presence of any scheduled controlled substance as defined in subdivision (b)(2), shall be subject

to a fine of not less than one hundred dollars ($100) nor more than three hundred dollars ($300);

shall be required to perform ten (10) to sixty (60) hours of public community restitution, and/or

shall be imprisoned for up to one year. The sentence may be served in any unit of the adult

correctional institutions in the discretion of the sentencing judge and/or shall be required to attend

a special course on driving while intoxicated or under the influence of a controlled substance;

provided, however, that the court may permit a servicemember or veteran to complete any court-

approved counseling program administered or approved by the Veterans' Administration, and his

or her driver's license shall be suspended for thirty (30) days up to one hundred eighty (180) days.

The sentencing judge or magistrate may prohibit that person from operating a motor vehicle that

is not equipped with an ignition interlock system as provided in § 31-27-2.8.

     (ii) Every person convicted of a first violation whose blood alcohol concentration is one-

tenth of one percent (.1%) by weight or above, but less than fifteen hundredths of one percent

(.15%), or whose blood alcohol concentration is unknown, shall be subject to a fine of not less

LC005540 - Page 38 of 47

than one hundred ($100) dollars, nor more than four hundred dollars ($400), and shall be required

to perform ten (10) to sixty (60) hours of public community restitution and/or shall be imprisoned

for up to one year. The sentence may be served in any unit of the adult correctional institutions in

the discretion of the sentencing judge. The person's driving license shall be suspended for a

period of three (3) months to twelve (12) months. The sentencing judge shall require attendance

at a special course on driving while intoxicated or under the influence of a controlled substance

and/or alcoholic or drug treatment for the individual; provided, however, that the court may

permit a servicemember or veteran to complete any court-approved counseling program

administered or approved by the Veterans' Administration. The sentencing judge or magistrate

may prohibit that person from operating a motor vehicle that is not equipped with an ignition

interlock system as provided in § 31-27-2.8.

     (iii) Every person convicted of a first offense whose blood alcohol concentration is

fifteen hundredths of one percent (.15%) or above, or who is under the influence of a drug,

toluene, or any controlled substance as defined in subdivision (b)(1), shall be subject to a fine of

five hundred dollars ($500) and shall be required to perform twenty (20) to sixty (60) hours of

public community restitution and/or shall be imprisoned for up to one year. The sentence may be

served in any unit of the adult correctional institutions in the discretion of the sentencing judge.

The person's driving license shall be suspended for a period of three (3) months to eighteen (18)

months. The sentencing judge shall require attendance at a special course on driving while

intoxicated or under the influence of a controlled substance and/or alcohol or drug treatment for

the individual; provided, however, that the court may permit a servicemember or veteran to

complete any court-approved counseling program administered or approved by the Veterans'

Administration. The sentencing judge or magistrate shall prohibit that person from operating a

motor vehicle that is not equipped with an ignition interlock system as provided in § 31-27-2.8.

     (2) (i) Every person convicted of a second violation within a five-year (5) period with a

blood alcohol concentration of eight one-hundredths of one percent (.08%) or above, but less than

fifteen hundredths of one percent (.15%), or whose blood alcohol concentration is unknown, or

who has a blood presence of any controlled substance as defined in subdivision (b)(2), and every

person convicted of a second violation within a five-year (5) period, regardless of whether the

prior violation and subsequent conviction was a violation and subsequent conviction under this

statute or under the driving under the influence of liquor or drugs statute of any other state, shall

be subject to a mandatory fine of four hundred dollars ($400). The person's driving license shall

be suspended for a period of one year to two (2) years, and the individual shall be sentenced to

not less than ten (10) days, nor more than one year, in jail. The sentence may be served in any

LC005540 - Page 39 of 47

unit of the adult correctional institutions in the discretion of the sentencing judge; however, not

less than forty-eight (48) hours of imprisonment shall be served consecutively. The sentencing

judge shall require alcohol or drug treatment for the individual; provided, however, that the court

may permit a servicemember or veteran to complete any court-approved counseling program

administered or approved by the Veterans' Administration and shall prohibit that person from

operating a motor vehicle that is not equipped with an ignition interlock system as provided in §

31-27-2.8.

     (ii) Every person convicted of a second violation within a five-year (5) period whose

blood alcohol concentration is fifteen hundredths of one percent (.15%) or above, by weight as

shown by a chemical analysis of a blood, breath, or urine sample, or who is under the influence of

a drug, toluene, or any controlled substance as defined in subdivision (b)(1), shall be subject to

mandatory imprisonment of not less than six (6) months, nor more than one year; a mandatory

fine of not less than one thousand dollars ($1,000); and a mandatory license suspension for a

period of two (2) years from the date of completion of the sentence imposed under this

subsection. The sentencing judge shall require alcohol or drug treatment for the individual;

provided, however, that the court may permit a servicemember or veteran to complete any court

approved counseling program administered or approved by the Veterans' Administration. The

sentencing judge or magistrate shall prohibit that person from operating a motor vehicle that is

not equipped with an ignition interlock system as provided in § 31-27-2.8

     (3) (i) Every person convicted of a third or subsequent violation within a five-year (5)

period with a blood alcohol concentration of eight one-hundredths of one percent (.08%) or

above, but less than fifteen hundredths of one percent (.15%), or whose blood alcohol

concentration is unknown or who has a blood presence of any scheduled controlled substance as

defined in subdivision (b)(2), regardless of whether any prior violation and subsequent conviction

was a violation and subsequent conviction under this statute or under the driving under the

influence of liquor or drugs statute of any other state, shall be guilty of a felony and be subject to

a mandatory fine of four hundred ($400) dollars. The person's driving license shall be suspended

for a period of two (2) years to three (3) years, and the individual shall be sentenced to not less

than one year and not more than three (3) years in jail. The sentence may be served in any unit of