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art.015/2/015/1

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     ARTICLE 15 AS AMENDED

RELATING TO MARIJUANA

     SECTION 1. Sections 2-26-1, 2-26-3, 2-26-4, 2-26-5, 2-26-6 and 2-26-7 of the General

Laws in Chapter 2-26 entitled "Hemp Growth Act" are hereby amended to read as follows:

     2-26-1. Short title.

     This chapter shall be known and may be cited as the "Industrial Hemp Growth Act." 

     2-26-3. Definitions.

     When used in this chapter, the following terms shall have the following meanings:

     (1) "Applicant" means any person, firm, corporation, or other legal entity who or that, on

his, her, or its own behalf, or on behalf of another, has applied for permission to engage in any act

or activity that is regulated under the provisions of this chapter.

     (2) "Cannabis" means all parts of the plant of the genus marijuana, also known as marijuana

sativa L. 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 regardless of cannabinoid content or cannabinoid potency including "marijuana" and

"industrial hemp" or "industrial hemp products" which satisfy the requirements of this chapter.

     (3) "Cannabidiol" or "CBD" means cannabidiol (CBD) derived from a hemp plant as

defined in § 2-26-3, not including products derived from exempt cannabis plant material as defined

in 21 C.F.R. § 1308.35.

     (2)(4)"Department" means the office of cannabis regulation within the department of

business regulation.

     (3)(5) "Division" means the division of agriculture in the department of environmental

management.

     (4)(6) "Grower" means a person or entity who or that produces hemp for commercial

purposes.

     (5)(7) "Handler" means a person or entity who or that produces or processes hemp or

agricultural hemp seed for processing into commodities or who manufactures hemp, products, or

agricultural hemp seed.

     (6)(8) "Hemp" or "industrial hemp" means the plant of the genus cannabis and any part of

such plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration that does not

exceed three-tenths percent (0.3%) on a dry-weight basis of any part of the plant cannabis, or per

volume or weight of marijuana product or the combined percent of delta-9 tetrahydrocannabinol

and tetrahydrocannabinolic acid in any part of the plant cannabis regardless of the moisture content.

Hemp is also commonly referred to in this context as "industrial hemp." the plant Cannabis sativa

L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids,

isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9

tetrahydrocannabinol concentration of not more than three-tenths percent (0.3%) on a dry weight

or per volume basis regardless of moisture content, and which satisfies the requirements of this

chapter.

     (9) "Hemp-derived consumable CBD product" means any product meant for ingestion,

including, but not limited to, concentrates, extracts, and cannabis-infused foods and products,

which contains cannabidiol derived from a hemp plant as defined in § 2-26-3, which shall only be

sold to persons age twenty-one (21) or older, and which shall not include products derived from

exempt cannabis plant material as defined in 21 C.F.R. § 1308.35.

     (7)(10) "Hemp products" or "industrial hemp products" means all products made from the

plants, including, but not limited to, concentrated oil, cloth, cordage, fiber, food, fuel, hemp-derived

consumable CBD products, paint, paper, construction materials, plastics, seed, seed meal, seed oil,

and seed certified for cultivation, which satisfy the requirements of this chapter.

     (11) "Licensed CBD distributor" means a person licensed to distribute hemp-derived

consumable CBD products pursuant to this chapter.

     (12) "Licensed CBD retailer" means a person licensed to sell hemp-derived consumable

CBD products pursuant to this chapter.

     (8)(13) "THC" means tetrahydrocannabinol, the principal psychoactive constituent of

cannabis.

     (9)(14) "THCA" means tetrahydrocannabinol acid. 

     2-26-4. Hemp an agricultural product.

     Hemp is an agricultural product that may be grown as a crop, produced, possessed,

distributed, sold at retail, and commercially traded pursuant to the provisions of this chapter. Hemp

is subject to primary regulation by the department. The division may assist the department in the

regulation of hemp growth and production. 

     2-26-5. Authority over licensing and sales. 

     (a) The department shall promulgate prescribe rules and regulations for the licensing and

regulation of hemp growers, and handlers, licensed CBD distributors, and licensed CBD retailers

and or persons otherwise employed by the applicant not inconsistent with law, to carry into effect

the provision of this chapter and shall be responsible for the enforcement of such licensing and

regulation.

     (b) All growers, and handlers, and licensed CBD distributors, and licensed CBD retailers

must have a hemp license issued by the department. All production, distribution and retail sale of

hemp-derived consumable CBD products must be consistent with any applicable state or local food

processing and safety regulations, and the applicant shall be responsible to ensure its compliance

with such regulations and any applicable food safety licensing requirements including but not

limited to those promulgated by the department of health.

     (c) The application for a hemp license shall include, but not be limited to, the following:

     (1)(i) The name and address of the applicant who will supervise, manage, or direct the

growing and handling of hemp and the names and addresses of any person or entity partnering or

providing consulting services regarding the growing or handling of hemp.; and

     (ii) The name and address of the applicant who will supervise, manage, or direct the

distribution or sale of hemp-derived consumable CBD products, and names and addresses of any

person or entity partnering or providing consulting services regarding the distribution or sale of

hemp-derived CBD products.

     (2) A certificate of analysis that the seeds or plants obtained for cultivation are of a type

and variety that do not exceed the maximum concentration of delta-9 THC, as set forth in § 2-26-

3; any seeds that are obtained from a federal agency are presumed not to exceed the maximum

concentration and do not require a certificate of analysis.

     (3)(i) The location of the facility, including the Global Positioning System location, and

other field reference information as may be required by the department with a tracking program

and security layout to ensure that all hemp grown is tracked and monitored from seed to distribution

outlets.; and

     (ii) The location of the facility and other information as may be required by the department

as to where the distribution or sale of hemp-derived consumable CBD products will occur.

     (4) An explanation of the seed to sale tracking, cultivation method, extraction method, and

certificate of analysis or certificate of analysis for the standard hemp seeds or hemp product if

required by the department.

     (5) Verification, prior to planting any seed, that the plant to be grown is of a type and

variety of hemp that will produce a delta-9 THC concentration of no more than three-tenths of one

percent (0.3%) on a dry-weight basis.

     (6) Documentation that the licensee and/or its agents have entered into a purchase

agreement with a hemp handler, or processor, distributor or retailer.

     (7) All applicants:

     (i) Shall apply to the state police, attorney general, or local law enforcement for a National

Criminal Identification records check that shall include fingerprints submitted to the Federal

Bureau of Investigation. Upon the discovery of a disqualifying conviction defined in paragraph (iv)

and (v), and in accordance with the rules promulgated by the department, the state police shall

inform the applicant, in writing, of the nature of the conviction, and the state police shall notify the

department, in writing, without disclosing the nature of the conviction, that a conviction has been

found;

     (ii) In those situations in which no conviction has been found, the state police shall inform

the applicant and the department, in writing, of this fact;

     (iii) All applicants shall be responsible for any expense associated with the criminal

background check with fingerprints.

     (iv) Any applicant who has been convicted of any felony offense under chapter 28 of title

21, or any person who has been convicted of murder, manslaughter, first-degree sexual assault,

second-degree sexual assault, first-degree child molestation, second-degree child molestation,

kidnapping, first-degree arson, second-degree arson, mayhem, robbery, burglary, breaking and

entering, assault with a dangerous weapon, or any assault and battery punishable as a felony or

assault with intent to commit any offense punishable as a felony, shall be disqualified from holding

any license or permit under this chapter. The department shall notify any applicant, in writing, of

for a denial of a license pursuant to this subsection.

     (v) For purposes of this section, "conviction" means, in addition to judgments of conviction

entered by a court subsequent to a finding of guilty, or plea of guilty, those instances where the

defendant has entered a plea of nolo contendere and has received a jail sentence or a suspended jail

sentence, or those instances wherein the defendant has entered into a deferred sentence agreement

with the Rhode Island attorney general and the period of deferment has not been completed.

     (8) Any other information as set forth in rules and regulations as required by the

department.

     (d) All employees of the applicant shall register with the Rhode Island state police.

     (e)(d) The department shall issue a hemp license to the grower or handler applicant if he,

she, or it meets the requirements of this chapter, upon the applicant paying a licensure fee of two

thousand five hundred dollars ($2,500). Said license shall be renewed every two (2) years upon

payment of a two thousand five hundred dollar ($2,500) renewal fee. Any licensee convicted of

any disqualifying offense described in subsection (c)(7)(iv) shall have his, her, or its license

revoked. The department shall collect a nonrefundable application fee of two hundred fifty dollars

($250) for each application to obtain a license. 

     (e) Any grower or handler license applicant or license holder may also apply for, and be

issued one (1) CBD distributor and/or one (1) CBD retailer license at no additional cost provided

their grower or handler license is issued or renewed. CBD distributor and CBD retailer licenses

shall be renewed each year at no additional fee provided the applicant also holds or renews a grower

and/or handler license.

     (f) For applicants who do not hold, renew, or receive a grower or handler license, CBD

distributor and CBD retailer licenses shall have a licensure fee of five hundred dollars ($500). Said

licenses shall be renewed each year upon approval by the department and payment of a five hundred

dollar ($500) renewal fee.

     2-26-6. Rulemaking authority. 

     (a) The department shall adopt rules to provide for the implementation of this chapter,

which shall include rules to require hemp to be tested during growth for THC levels and to require

inspection of hemp during sowing, growing season, harvest, storage, and processing. Included in

these rules should be a system requiring the licensee to submit crop samples to an approved testing

facility, as determined by the department, for testing and verification of compliance with the limits

on delta-9 THC concentration.

     (b) The department shall prescribe rules and regulations for all operational requirements

for licensed growers, handlers, CBD distributors and retailers, and to ensure consistency in

manufactured products and appropriate packaging, labeling, and placement with respect to retail

sales not inconsistent with law, to carry in effect the provisions of this chapter.

     (b)(c) The department shall not adopt under this or any other section, a rule that would

prohibit a person or entity to grow, or distribute or sell hemp based solely on the legal status of

hemp under federal law.

     (d) The department may adopt rules and regulations based on federal law provided those

rules and regulations are designed to comply with federal guidance and mitigate federal

enforcement against the licenses issued under this chapter.

     (e) All new and revised rules and regulations promulgated by the department of business

regulation and/or the department of health pursuant to this chapter shall be subject to approval by

the general assembly prior to enactment.

     2-26-7. RegistrationLicensure. 

     (a) Except as provided in this section, beginning sixty (60) days after the effective date of

this chapter, the department shall accept the application for licensure to cultivate hemp submitted

by the applicant.

     (b) A person or entity registered with licensed by the department pursuant to this chapter

shall allow hemp crops or hemp products, throughout sowing, year-long growing seasons, harvest

storage, and processing, manufacturing, and retail facilities, to be inspected and tested by and at

the discretion of the department and as required pursuant to any applicable state or local food

processing and safety regulations including but not limited to those promulgated by the Rhode

Island department of health.

     SECTION 2. Chapter 2-26 of the General Laws entitled "Hemp Growth Act" is hereby

amended by adding thereto the following sections:

     2-26-10. Enforcement of violations of chapter.

     (a)(1) Notwithstanding any other provision of this chapter, if the director of the department

or his or her designee has cause to believe that a violation of any provision of this chapter 26 of

title 2 or any regulations promulgated hereunder has occurred by a licensee that is under the

department's jurisdiction pursuant to this chapter, or that any person or entity is conducting any

activities requiring licensure by the department under this chapter or the regulations promulgated

hereunder without such licensure, the director or his or her designee may, in accordance with the

requirements of the administrative procedures act, chapter 35 of title 42:

     (i) Revoke or suspend a license;

     (ii) Levy an administrative penalty in an amount established pursuant to regulations

promulgated by the department;

     (iii) Order the violator to cease and desist such actions;

     (iv) Require a licensee or person or entity conducting any activities requiring licensure

under chapter 26 of title 2 to take such actions as are necessary to comply with such chapter and

the regulations promulgated thereunder; or

     (v) Any combination of the above penalties.

     (2) If the director of the department finds that public health, safety, or welfare requires

emergency action, and incorporates a finding to that effect in his or her order, summary suspension

of license and/or cease and desist may be ordered pending proceedings for revocation or other

action.

     SECTION 3. Section 21-28-1.02 of Chapter 21-28 of the General Laws entitled "Uniform

Controlled Substances Act" is hereby amended to read as follows:

     21-28-1.02. Definitions. [Effective until January 1, 2023.] 

     Unless the context otherwise requires, the words and phrases as defined in this section are

used in this chapter in the sense given them in the following definitions:

     (1) "Administer" refers to the direct application of controlled substances to the body of a

patient or research subject by:

     (i) A practitioner, or, in his or her presence by his or her authorized agent; or

     (ii) The patient or research subject at the direction and in the presence of the practitioner

whether the application is by injection, inhalation, ingestion, or any other means.

     (2) "Agent" means an authorized person who acts on behalf of, or at the direction of, a

manufacturer, wholesaler, distributor, or dispenser; except that these terms do not include a

common or contract carrier or warehouse operator, when acting in the usual and lawful course of

the carrier's or warehouse operator's business.

     (3) "Apothecary" means a registered pharmacist as defined by the laws of this state and,

where the context requires, the owner of a licensed pharmacy or other place of business where

controlled substances are compounded or dispensed by a registered pharmacist; and includes

registered assistant pharmacists as defined by existing law, but nothing in this chapter shall be

construed as conferring on a person who is not registered as a pharmacist any authority, right, or

privilege that is not granted to him or her by the pharmacy laws of the state.

     (4) "Automated data processing system" means a system utilizing computer software and

hardware for the purposes of record keeping.

     (5) "Certified law enforcement prescription drug diversion investigator" means a certified

law enforcement officer assigned by his or her qualified law enforcement agency to investigate

prescription drug diversion.

     (6) "Computer" means programmable electronic device capable of multi-functions,

including, but not limited to: storage, retrieval, and processing of information.

     (7) "Control" means to add a drug or other substance or immediate precursor to a schedule

under this chapter, whether by transfer from another schedule or otherwise.

     (8) "Controlled substance" means a drug, substance, immediate precursor, or synthetic drug

in schedules I – V of this chapter. The term shall not include distilled spirits, wine, or malt

beverages, as those terms are defined or used in chapter 1 of title 3, nor tobacco.

     (9) "Co-prescribing" means issuing a prescription for an opioid antagonist along with a

prescription for an opioid analgesic.

     (10) "Counterfeit substance" means a controlled substance that, or the container or labeling

of which, without authorization bears the trademark, trade name, or other identifying mark, imprint,

number, or device, or any likeness of them, of a manufacturer, distributor, or dispenser, other than

the person or persons who in fact manufactured, distributed, or dispensed the substance and that

thereby falsely purports or is represented to be the product of, or to have been distributed by, the

other manufacturer, distributor, or dispenser, or which substance is falsely purported to be or

represented to be one of the controlled substances by a manufacturer, distributor, or dispenser.

     (11) "CRT" means cathode ray tube used to impose visual information on a screen.

     (12) "Deliver" or "delivery" means the actual, constructive, or attempted transfer of a

controlled substance or imitation controlled substance, whether or not there exists an agency

relationship.

     (13) "Department" means the department of health of this state.

     (14) "Depressant or stimulant drug" means:

     (i) A drug that contains any quantity of:

     (A) Barbituric acid or derivatives, compounds, mixtures, or preparations of barbituric acid;

and

     (B) "Barbiturate" or "barbiturates" includes all hypnotic and/or somnifacient drugs,

whether or not derivatives of barbituric acid, except that this definition shall not include bromides

and narcotics.

     (ii) A drug that contains any quantity of:

     (A) Amphetamine or any of its optical isomers;

     (B) Any salt of amphetamine and/or desoxyephedrine or any salt of an optical isomer of

amphetamine and/or desoxyephedrine, or any compound, mixture, or preparation of them.

     (iii) A drug that contains any quantity of coca leaves. "Coca leaves" includes cocaine, or

any compound, manufacture, salt, derivative, mixture, or preparation of coca leaves, except

derivatives of coca leaves, that do not contain cocaine, ecgonine, or substance from which cocaine

or ecgonine may be synthesized or made.

     (iv) Any other drug or substance that contains any quantity of a substance that the attorney

general of the United States, or the director of health, after investigation, has found to have, or by

regulation designates as having, a potential for abuse because of its depressant or stimulant effect

on the central nervous system.

     (15) "Director" means the director of health.

     (16) "Dispense" means to deliver, distribute, leave with, give away, or dispose of a

controlled substance to the ultimate user or human research subject by or pursuant to the lawful

order of a practitioner, including the packaging, labeling, or compounding necessary to prepare the

substance for that delivery.

     (17) "Dispenser" is a practitioner who delivers a controlled substance to the ultimate user

or human research subject.

     (18) "Distribute" means to deliver (other than by administering or dispensing) a controlled

substance or an imitation controlled substance and includes actual constructive, or attempted

transfer. "Distributor" means a person who so delivers a controlled substance or an imitation

controlled substance.

     (19) "Downtime" means that period of time when a computer is not operable.

     (20) "Drug addicted person" means a person who exhibits a maladaptive pattern of

behavior resulting from drug use, including one or more of the following: impaired control over

drug use; compulsive use; and/or continued use despite harm, and craving.

     (21) "Drug Enforcement Administration" means the Drug Enforcement Administration

United States Department of Justice or its successor.

     (22) "Federal law" means the Comprehensive Drug Abuse Prevention and Control Act of

1970, (84 stat. 1236) (see generally 21 U.S.C. § 801 et seq.), and all regulations pertaining to that

federal act.

     (23) "Hardware" means the fixed component parts of a computer.

     (24) "Hospital" means an institution as defined in chapter 17 of title 23.

     (25) "Imitation controlled substance" means a substance that is not a controlled substance,

that by dosage unit, appearance (including color, shape, size, and markings), or by representations

made, would lead a reasonable person to believe that the substance is a controlled substance and,

which imitation controlled substances contain substances that if ingested, could be injurious to the

health of a person. In those cases when the appearance of the dosage unit is not reasonably sufficient

to establish that the substance is an "imitation controlled substance" (for example in the case of

powder or liquid), the court or authority concerned should consider, in addition to all other logically

relevant factors, the following factors as related to "representations made" in determining whether

the substance is an "imitation controlled substance":

     (i) Statement made by an owner, possessor, transferor, recipient, or by anyone else in

control of the substance concerning the nature of the substance, or its use or effect.

     (ii) Statements made by the owner, possessor, or transferor, to the recipient that the

substance may be resold for substantial profit.

     (iii) Whether the substance is packaged in a manner reasonably similar to packaging of

illicit controlled substances.

     (iv) Whether the distribution or attempted distribution included an exchange of or demand

for money or other property as consideration, and whether the amount of the consideration was

substantially greater than the reasonable value of the non-controlled substance.

     (26) "Immediate precursor" means a substance:

     (i) That the director of health has found to be and by regulation designated as being the

principal compound used, or produced primarily for use, in the manufacture of a controlled

substance;

     (ii) That is an immediate chemical intermediary used or likely to be used in the manufacture

of those controlled substances; and

     (iii) The control of which is necessary to prevent, curtail, or limit the manufacture of that

controlled substance.

     (27) "Laboratory" means a laboratory approved by the department of health as proper to be

entrusted with controlled substances and the use of controlled substances for scientific and medical

purposes and for the purposes of instruction.

     (28) "Manufacture" means the production, preparation, propagation, cultivation,

compounding, or processing of a drug or other substance, including an imitation controlled

substance, either directly or indirectly or by extraction from substances of natural origin, or

independently by means of chemical synthesis or by a combination of extraction and chemical

synthesis and includes any packaging or repackaging of the substance or labeling or relabeling of

its container in conformity with the general laws of this state except by a practitioner as an incident

to his or her administration or dispensing of the drug or substance in the course of his or her

professional practice.

     (29) "Manufacturer" means a person who manufactures but does not include an apothecary

who compounds controlled substances to be sold or dispensed on prescriptions.

     (30) "Marijuana" means all parts of the plant cannabis sativa L., whether growing or not;

the seeds of the plant; 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, but shall not

include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the

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

mature stalks, (except the resin extracted from it), fiber, oil or cake, or the sterilized seed from the

plant which is incapable of germination. Marijuana shall not include "industrial hemp" or

"industrial hemp products" which satisfy the requirements of chapter 26 of title 2.

     (31) "Narcotic drug" means any of the following, whether produced directly or indirectly

by extraction from substances of vegetable origin, or independently by means of chemical synthesis

or by a combination of extraction and chemical synthesis:

     (i) Opium and opiates.

     (ii) A compound, manufacture, salt, derivative, or preparation of opium or opiates.

     (iii) A substance (and any compound, manufacture, salt, derivative, or preparation of it)

that is chemically identical with any of the substances referred to in paragraphs (i) and (ii) of this

subdivision.

     (iv) Any other substance that the attorney general of the United States, or his or her

successor, or the director of health, after investigation, has found to have, and by regulation

designates as having, a potential for abuse similar to opium and opiates.

     (32) "Official written order" means an order written on a form provided for that purpose

by the Drug Enforcement Administration under any laws of the United States making provision for

an official form, if order forms are authorized and required by federal law, and if no order form is

provided then on an official form provided for that purpose by the director of health.

     (33) "Opiate" means any substance having an addiction-forming or addiction-sustaining

liability similar to morphine or being capable of conversion into a drug having addiction-forming

or addiction-sustaining liability.

     (34) "Opioid analgesics" means and includes, but is not limited to, the medicines

buprenophine, butorphanol, codeine, hydrocodone, hydromorphone, levorphanol, meperidine,

methadone, morphine, nalbuphine, oxycodone, oxymorphone, pentazocine, propoxyphene as well

as their brand names, isomers, and combinations, or other medications approved by the department.

     (35) "Opioid antagonist" means naloxone hydrochloride and any other drug approved by

the United States Food and Drug Administration for the treatment of opioid overdose.

     (36) "Opium poppy" means the plant of the species papaver somniferum L., except the

seeds of the plant.

     (37) "Ounce" means an avoirdupois ounce as applied to solids and semi-solids, and a fluid

ounce as applied to liquids.

     (38) "Person" means any corporation, association, partnership, or one or more individuals.

     (39) "Physical dependence" means a state of adaptation that is manifested by a drug class

specific withdrawal syndrome that can be produced by abrupt cessation, rapid dose reduction,

decreasing blood level of the drug, and/or administration of an antagonist.

     (40) "Poppy straw" means all parts, except the seeds, of the opium poppy, after mowing.

     (41) "Practitioner" means:

     (i) A physician, osteopath, dentist, chiropodist, veterinarian, scientific investigator, or other

person licensed, registered or permitted to distribute, dispense, conduct research with respect to or

to administer a controlled substance in the course of professional practice or research in this state.

     (ii) A pharmacy, hospital, or other institution licensed, registered or permitted to distribute,

dispense, conduct research with respect to, or to administer a controlled substance in the course of

professional practice or research in this state.

     (42) "Printout" means a hard copy produced by computer that is readable without the aid

of any special device.

     (43) "Production" includes the manufacture, planting, cultivation, growing, or harvesting

of a controlled substance.

     (44) "Qualified law enforcement agency" means the U.S. Food and Drug Administration,

Drug Enforcement Administration, Federal Bureau of Investigation, Office of Inspector General of

the U.S. Department of Health & Human Services, or the Medicaid Fraud and Patient Abuse Unit

in the Office of the Attorney General.

     (45) "Researcher" means a person authorized by the director of health to conduct a

laboratory as defined in this chapter.

     (46) "Sell" includes sale, barter, gift, transfer, or delivery in any manner to another, or to

offer or agree to do the same.

     (47) "Software" means programs, procedures and storage of required information data.

     (48) "Synthetic drugs" means any synthetic cannabinoids or piperazines or any synthetic

cathinones as provided for in schedule I.

     (49) "Ultimate user" means a person who lawfully possesses a controlled substance for his

or her own use or for the use of a member of his or her household, or for administering to an animal

owned by him or her or by a member of his or her household.

     (50) "Wholesaler" means a person who sells, vends, or distributes at wholesale, or as a

jobber, broker agent, or distributor, or for resale in any manner in this state any controlled

substance. 

     21-28-1.02. Definitions. [Effective January 1, 2023.]

     Unless the context otherwise requires, the words and phrases as defined in this section are

used in this chapter in the sense given them in the following definitions:

     (1) "Administer" refers to the direct application of controlled substances to the body of a

patient or research subject by:

     (i) A practitioner, or, in his or her presence by his or her authorized agent; or

     (ii) The patient or research subject at the direction and in the presence of the practitioner

whether the application is by injection, inhalation, ingestion, or any other means.

     (2) "Agent" means an authorized person who acts on behalf of, or at the direction of, a

manufacturer, wholesaler, distributor, or dispenser; except that these terms do not include a

common or contract carrier or warehouse operator, when acting in the usual and lawful course of

the carrier's or warehouse operator's business.

     (3) "Apothecary" means a registered pharmacist as defined by the laws of this state and,

where the context requires, the owner of a licensed pharmacy or other place of business where

controlled substances are compounded or dispensed by a registered pharmacist; and includes

registered assistant pharmacists as defined by existing law, but nothing in this chapter shall be

construed as conferring on a person who is not registered as a pharmacist any authority, right, or

privilege that is not granted to him or her by the pharmacy laws of the state.

     (4) "Automated data processing system" means a system utilizing computer software and

hardware for the purposes of record keeping.

     (5) "Computer" means programmable electronic device capable of multi-functions,

including, but not limited to: storage, retrieval, and processing of information.

     (6) "Control" means to add a drug or other substance or immediate precursor to a schedule

under this chapter, whether by transfer from another schedule or otherwise.

     (7) "Controlled substance" means a drug, substance, immediate precursor, or synthetic drug

in schedules I – V of this chapter. The term shall not include distilled spirits, wine, or malt

beverages, as those terms are defined or used in chapter 1 of title 3, nor tobacco.

     (8) "Co-prescribing" means issuing a prescription for an opioid antagonist along with a

prescription for an opioid analgesic.

     (9) "Counterfeit substance" means a controlled substance that, or the container or labeling

of which, without authorization bears the trademark, trade name, or other identifying mark, imprint,

number, or device, or any likeness of them, of a manufacturer, distributor, or dispenser, other than

the person or persons who in fact manufactured, distributed, or dispensed the substance and that

thereby falsely purports or is represented to be the product of, or to have been distributed by, the

other manufacturer, distributor, or dispenser, or which substance is falsely purported to be or

represented to be one of the controlled substances by a manufacturer, distributor, or dispenser.

     (10) "CRT" means cathode ray tube used to impose visual information on a screen.

     (11) "Deliver" or "delivery" means the actual, constructive, or attempted transfer of a

controlled substance or imitation controlled substance, whether or not there exists an agency

relationship.

     (12) "Department" means the department of health of this state.

     (13) "Depressant or stimulant drug" means:

     (i) A drug that contains any quantity of:

     (A) Barbituric acid or derivatives, compounds, mixtures, or preparations of barbituric acid;

and

     (B) "Barbiturate" or "barbiturates" includes all hypnotic and/or somnifacient drugs,

whether or not derivatives of barbituric acid, except that this definition shall not include bromides

and narcotics.

     (ii) A drug that contains any quantity of:

     (A) Amphetamine or any of its optical isomers;

     (B) Any salt of amphetamine and/or desoxyephedrine or any salt of an optical isomer of

amphetamine and/or desoxyephedrine, or any compound, mixture, or preparation of them.

     (iii) A drug that contains any quantity of coca leaves. "Coca leaves" includes cocaine, or

any compound, manufacture, salt, derivative, mixture, or preparation of coca leaves, except

derivatives of coca leaves, that do not contain cocaine, ecgonine, or substance from which cocaine

or ecgonine may be synthesized or made.

     (iv) Any other drug or substance that contains any quantity of a substance that the attorney

general of the United States, or the director of health, after investigation, has found to have, or by

regulation designates as having, a potential for abuse because of its depressant or stimulant effect

on the central nervous system.

     (14) "Director" means the director of health.

     (15) "Dispense" means to deliver, distribute, leave with, give away, or dispose of a

controlled substance to the ultimate user or human research subject by or pursuant to the lawful

order of a practitioner, including the packaging, labeling, or compounding necessary to prepare the

substance for that delivery.

     (16) "Dispenser" is a practitioner who delivers a controlled substance to the ultimate user

or human research subject.

     (17) "Distribute" means to deliver (other than by administering or dispensing) a controlled

substance or an imitation controlled substance and includes actual constructive, or attempted

transfer. "Distributor" means a person who so delivers a controlled substance or an imitation

controlled substance.

     (18) "Downtime" means that period of time when a computer is not operable.

     (19) "Drug addicted person" means a person who exhibits a maladaptive pattern of

behavior resulting from drug use, including one or more of the following: impaired control over

drug use; compulsive use; and/or continued use despite harm, and craving.

     (20) "Drug Enforcement Administration" means the Drug Enforcement Administration

United States Department of Justice or its successor.

     (21) "Federal law" means the Comprehensive Drug Abuse Prevention and Control Act of

1970, (84 stat. 1236) (see generally 21 U.S.C. § 801 et seq.), and all regulations pertaining to that

federal act.

     (22) "Hardware" means the fixed component parts of a computer.

     (23) "Hospital" means an institution as defined in chapter 17 of title 23.

     (24) "Imitation controlled substance" means a substance that is not a controlled substance,

that by dosage unit, appearance (including color, shape, size, and markings), or by representations

made, would lead a reasonable person to believe that the substance is a controlled substance and,

which imitation controlled substances contain substances that if ingested, could be injurious to the

health of a person. In those cases when the appearance of the dosage unit is not reasonably sufficient

to establish that the substance is an "imitation controlled substance" (for example in the case of

powder or liquid), the court or authority concerned should consider, in addition to all other logically

relevant factors, the following factors as related to "representations made" in determining whether

the substance is an "imitation controlled substance":

     (i) Statement made by an owner, possessor, transferor, recipient, or by anyone else in

control of the substance concerning the nature of the substance, or its use or effect.

     (ii) Statements made by the owner, possessor, or transferor, to the recipient that the

substance may be resold for substantial profit.

     (iii) Whether the substance is packaged in a manner reasonably similar to packaging of

illicit controlled substances.

     (iv) Whether the distribution or attempted distribution included an exchange of or demand

for money or other property as consideration, and whether the amount of the consideration was

substantially greater than the reasonable value of the non-controlled substance.

     (25) "Immediate precursor" means a substance:

     (i) That the director of health has found to be and by regulation designated as being the

principal compound used, or produced primarily for use, in the manufacture of a controlled

substance;

     (ii) That is an immediate chemical intermediary used or likely to be used in the manufacture

of those controlled substances; and

     (iii) The control of which is necessary to prevent, curtail, or limit the manufacture of that

controlled substance.

     (26) "Laboratory" means a laboratory approved by the department of health as proper to be

entrusted with controlled substances and the use of controlled substances for scientific and medical

purposes and for the purposes of instruction.

     (27) "Manufacture" means the production, preparation, propagation, cultivation,

compounding, or processing of a drug or other substance, including an imitation controlled

substance, either directly or indirectly or by extraction from substances of natural origin, or

independently by means of chemical synthesis or by a combination of extraction and chemical

synthesis and includes any packaging or repackaging of the substance or labeling or relabeling of

its container in conformity with the general laws of this state except by a practitioner as an incident

to his or her administration or dispensing of the drug or substance in the course of his or her

professional practice.

     (28) "Manufacturer" means a person who manufactures but does not include an apothecary

who compounds controlled substances to be sold or dispensed on prescriptions.

     (29) "Marijuana" means all parts of the plant cannabis sativa L., whether growing or not;

the seeds of the plant; 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, but shall not

include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the

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

mature stalks, (except the resin extracted from it), fiber, oil or cake, or the sterilized seed from the

plant which is incapable of germination. Marijuana shall not include "industrial hemp" or

"industrial hemp products" which satisfy the requirements of chapter 26 of title 2.

     (30) "Narcotic drug" means any of the following, whether produced directly or indirectly

by extraction from substances of vegetable origin, or independently by means of chemical synthesis

or by a combination of extraction and chemical synthesis:

     (i) Opium and opiates.

     (ii) A compound, manufacture, salt, derivative, or preparation of opium or opiates.

     (iii) A substance (and any compound, manufacture, salt, derivative, or preparation of it)

that is chemically identical with any of the substances referred to in paragraphs (i) and (ii) of this

subdivision.

     (iv) Any other substance that the attorney general of the United States, or his or her

successor, or the director of health, after investigation, has found to have, and by regulation

designates as having, a potential for abuse similar to opium and opiates.

     (31) "Official written order" means an order written on a form provided for that purpose

by the Drug Enforcement Administration under any laws of the United States making provision for

an official form, if order forms are authorized and required by federal law, and if no order form is

provided then on an official form provided for that purpose by the director of health.

     (32) "Opiate" means any substance having an addiction-forming or addiction-sustaining

liability similar to morphine or being capable of conversion into a drug having addiction-forming

or addiction-sustaining liability.

     (33) "Opioid analgesics" means and includes, but is not limited to, the medicines

buprenophine, butorphanol, codeine, hydrocodone, hydromorphone, levorphanol, meperidine,

methadone, morphine, nalbuphine, oxycodone, oxymorphone, pentazocine, propoxyphene as well

as their brand names, isomers, and combinations, or other medications approved by the department.

     (34) "Opioid antagonist" means naloxone hydrochloride and any other drug approved by

the United States Food and Drug Administration for the treatment of opioid overdose.

     (35) "Opium poppy" means the plant of the species papaver somniferum L., except the

seeds of the plant.

     (36) "Ounce" means an avoirdupois ounce as applied to solids and semi-solids, and a fluid

ounce as applied to liquids.

     (37) "Person" means any corporation, association, partnership, or one or more individuals.

     (38) "Physical dependence" means a state of adaptation that is manifested by a drug class

specific withdrawal syndrome that can be produced by abrupt cessation, rapid dose reduction,

decreasing blood level of the drug, and/or administration of an antagonist.

     (39) "Poppy straw" means all parts, except the seeds, of the opium poppy, after mowing.

     (40) "Practitioner" means:

     (i)(ii) A physician, osteopath, dentist, chiropodist, veterinarian, scientific investigator, or

other person licensed, registered or permitted to distribute, dispense, conduct research with respect

to or to administer a controlled substance in the course of professional practice or research in this

state.

     (41) "Printout" means a hard copy produced by computer that is readable without the aid

of any special device.

     (42) "Production" includes the manufacture, planting, cultivation, growing, or harvesting

of a controlled substance.

     (43) "Researcher" means a person authorized by the director of health to conduct a

laboratory as defined in this chapter.

     (44) "Sell" includes sale, barter, gift, transfer, or delivery in any manner to another, or to

offer or agree to do the same.

     (45) "Software" means programs, procedures and storage of required information data.

     (46) "Synthetic drugs" means any synthetic cannabinoids or piperazines or any synthetic

cathinones as provided for in schedule I.

     (47) "Ultimate user" means a person who lawfully possesses a controlled substance for his

or her own use or for the use of a member of his or her household, or for administering to an animal

owned by him or her or by a member of his or her household.

     (48) "Wholesaler" means a person who sells, vends, or distributes at wholesale, or as a

jobber, broker agent, or distributor, or for resale in any manner in this state any controlled

substance. 

     SECTION 4. Section 21-28.5-2 of the General Laws in Chapter 21-28.5 entitled "Sale of

Drug Paraphernalia" is hereby amended to read as follows:

     21-28.5-2. Manufacture or delivery of drug paraphernalia – Penalty.

     It is unlawful for any person to deliver, sell, possess with intent to deliver, or sell, or

manufacture with intent to deliver, or sell drug paraphernalia, knowing that it will be used to plant,

propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare,

test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or introduce into the human

body a controlled substance in violation of chapter 28 of this title. A violation of this section shall

be punishable by a fine not exceeding five thousand dollars ($5,000) or imprisonment not exceeding

two (2) years, or both. 

     Notwithstanding any other provision of the general laws, the sale, manufacture, or delivery

of drug paraphernalia to a person acting in accordance with chapter 28.6 of title 21 shall not be

considered a violation of this chapter.

     SECTION 5. Sections 21-28.6-3, 21-28.6-4, 21-28.6-5, 21-28.6-6, 21-28.6-7, 21-28.6-8,

21-28.6-9, 21-28.6-12, 21-28.6-14, 21-28.6-15, 21-28.6-16, 21-28.6-16.2 and 21-28.6-17 of the

General Laws in Chapter 21-28.6 entitled "The Edward O. Hawkins and Thomas C. Slater Medical

Marijuana Act" are hereby amended to read as follows:

     21-28.6-3. Definitions.

     For the purposes of this chapter:

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

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

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

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

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

shall possesses a valid registry identification card.

     (2) "Cannabis" means all parts of the plant of the genus marijuana, also known as marijuana

sativa L. 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 regardless of cannabinoid content or cannabinoid potency including "marijuana", and

"industrial hemp" or "industrial hemp products" which satisfy the requirements of chapter 26 of

title 2.

     (3) "Cannabis testing laboratory" means a third-party analytical testing laboratory licensed

by the department of health, in coordination with the department of business regulation, to collect

and test samples of cannabis.

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

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

a valid registry identification card or license.

     (3)(5) "Commercial unit" means a building, office, suite, or room other space within a

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

business or person.

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

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

cultivates, manufactures, delivers, transfers, transports, supplies, or dispenses medical marijuana,

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

caregiver, cardholder or authorized purchaser.

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

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

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

card.

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

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

deficiency syndrome, Hepatitis C, post-traumatic stress disorder, or the treatment of these

conditions;

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

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

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

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

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

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

provided for in § 21-28.6-5.

     (6)(8) "Department of business regulation" means the office of cannabis regulation within

the Rhode Island department of business regulation or its successor agency.

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

agency.

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

or its successor agency.

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

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

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

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

individuals, with facilities for living, sleeping, sanitation, cooking, and eating.

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

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

as defined by regulations promulgated by the department of business regulation health.

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

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

     (13) "Marijuana" has the meaning given that term in § 21-28-1.02(30).

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

readily observable by an unaided visual examination.

     (15)(14) "Medical marijuana testing laboratory" means a third-party analytical testing

laboratory licensed by the department of health to collect and test samples of medical marijuana

pursuant to regulations promulgated by the department. "Immature marijuana plant" means a

marijuana plant, rooted or unrooted, with no observable flower or buds.

     (15) "Licensed medical marijuana cultivator" means a person or entity, as identified in §

43-3-6, who has been licensed by the department of business regulation to cultivate medical

marijuana pursuant to § 21-28.6-16.

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

     (17) "Marijuana establishment licensee" means any person or entity licensed by the

department of business regulation under chapter 28.6 of title 21 whose license permits it to engage

in or conduct activities in connection with the medical marijuana program. "Marijuana

establishment licensees" shall include compassion centers, medical marijuana cultivators, and

cannabis testing laboratories.

     (18) "Mature marijuana plant" means a marijuana plant that has flowers or buds that are

readily observable by an unaided visual examination.

     (19) "Medical marijuana emporium" means any establishment, facility or club, whether

operated for-profit or nonprofit, or any commercial unit, at which the sale, distribution, transfer or

use of medical marijuana or medical marijuana products is proposed and/or occurs to, by or among

registered patients, registered caregivers, authorized purchaser cardholders or any other person.

This shall not include a compassion center regulated and licensed by the department of business

regulation pursuant to the terms of this chapter.

     (20) "Medical marijuana" means marijuana and marijuana products which satisfy the

requirements of this chapter and have been given the designation of "medical marijuana" due to

dose, potency, form. Medical marijuana products are only available for use by patient cardholders,

and may only be sold to or possessed by patient cardholders, or their registered caregiver, or

authorized purchaser in accordance with this chapter. Medical marijuana may not be sold to,

possessed by, manufactured by, or used except as permitted under this chapter.

     (21) "Medical marijuana plant tag set" or "plant tag" means any tag, identifier, registration,

certificate, or inventory tracking system authorized or issued by the department or which the

department requires be used for the lawful possession and cultivation of medical marijuana plants

in accordance with this chapter.

     (16)(22) "Medical use" means the acquisition, possession, cultivation, manufacture, use,

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

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

symptoms associated with the medical condition in accordance with the provisions of this chapter.

     (17)(23) "Practitioner" means a person who is licensed with authority to prescribe drugs

pursuant to chapters 34, 37, and 54 of title 5, who may provide a qualifying patient with a written

certification in accordance with regulations promulgated by the department of health or a physician

licensed with authority to prescribe drugs in Massachusetts or Connecticut.

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

old. A primary caregiver who is registered under this chapter in order to, and who may, assist one

qualifying patient, but no more than five (5) qualifying patients with their medical use of marijuana,

provided that a qualified patient may also serve as his or her own primary caregiver subject to the

registration and requirements set forth in § 21-28.6-4.

     (19)(25) "Qualifying patient" means a person who has been diagnosed certified by a

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

     (20)(26) "Registry identification card" means a document issued by the department of

health or the department of business regulation, as applicable, that identifies a person as a registered

qualifying patient, a registered primary caregiver, or authorized purchaser, or a document issued

by the department of business regulation or department of health that identifies a person as a

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

licensed medical marijuana cultivator, cannabis testing lab, or any other medical marijuana

licensee.

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

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

roots and shall not count towards any weight-based possession limits established in the chapter.

     (23)(28) "Usable marijuana" means the dried leaves and flowers of the marijuana plant,

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

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

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

departments department of health and department of business regulation.

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

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

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

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

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

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

debilitating medical condition or conditions which may include the qualifying patient's relevant

medical records.

     21-28.6-4. Protections for the medical use of marijuana.

     (a) A qualifying patient cardholder who has in his or her possession a registry identification

card shall not be subject to arrest, prosecution, or penalty in any manner, or denied any right or

privilege, including, but not limited to, civil penalty or disciplinary action by a business or

occupational or professional licensing board or bureau, solely for the medical use of medical

marijuana; provided;

     (1) Before July 1, 2019, that the The qualifying patient cardholder possesses an amount of

medical marijuana that does not exceed twelve (12) mature marijuana plants and twelve (12)

immature marijuana plants that are accompanied by valid medical marijuana plant tags, two and

one-half (2.5) ounces (2.5 oz.) of dried usable medical marijuana, or its equivalent amount which

satisfies the requirements of this chapter, and an amount of wet medical marijuana to be set by

regulations promulgated by the departments department of health and business regulation. Said

plants shall be stored in an indoor facility. Marijuana plants and the marijuana they produce shall

only be grown, stored, manufactured, and processed in accordance with regulations promulgated

by the department of business regulation; and

      (b) An authorized purchaser who has in his or her possession a registry identification card

shall not be subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege,

including, but not limited to, civil penalty or disciplinary action by a business or occupational or

professional licensing board or bureau, for the possession of medical marijuana; provided that the

authorized purchaser possesses an amount of medical marijuana that does not exceed two and one-

half (2.5) ounces of usable medical marijuana, or its equivalent amount, and this medical marijuana

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

     (c) A qualifying patient cardholder, who has in his or her possession a registry

identification card, shall not be subject to arrest, prosecution, or penalty in any manner, or denied

any right or privilege, including, but not limited to, civil penalty or disciplinary action by a business

or occupational or professional licensing board or bureau, for selling, giving, or distributing, on or

before December 31, 2016 to a compassion center cardholder, medical marijuana of the type, and

in an amount not to exceed, that set forth in subsection (a), that he or she has cultivated or

manufactured pursuant to this chapter.

     (d) No school, employer, or landlord may refuse to enroll, employ, or lease to, or otherwise

penalize, a person solely for his or her status as a cardholder. Provided, however, due to the safety

and welfare concern for other tenants, the property, and the public, as a whole, a landlord may have

the discretion not to lease, or continue to lease, to a cardholder who cultivates, manufactures,

processes, smokes, or vaporizes medical marijuana in the leased premises.

     (e) No employer may refuse to employ, or otherwise penalize, a person solely for his or

her status as a cardholder, except:

     (1) To the extent employer action is taken with respect to such person's:

     (i) Use or possession of marijuana or being under the influence of marijuana in any

workplace;

     (ii) Undertaking a task under the influence of marijuana when doing so would constitute

negligence or professional malpractice or jeopardize workplace safety;

     (iii) Operation, navigation or actual physical control of any motor vehicle or other transport

vehicle, aircraft, motorboat, machinery or equipment, or firearms while under the influence of

marijuana; or

     (iv) Violation of employment conditions pursuant to the terms of a collective bargaining

agreement; or

     (2) Where the employer is a federal contractor or otherwise subject to federal law such that

failure of the employer to take such action against the employee would cause the employer to lose

a monetary or licensing related benefit.

     (e)(f) A primary caregiver cardholder, who has in his or her possession a registry

identification card, shall not be subject to arrest, prosecution, or penalty in any manner, or denied

any right or privilege, including, but not limited to, civil penalty or disciplinary action by a business

or occupational or professional licensing board or bureau, for assisting a patient cardholder, to

whom he or she is connected through the department of health or department of business

regulation's registration process, with the medical use of medical marijuana; provided, that; the

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

mature marijuana plants that are accompanied by valid medical marijuana tags, two and one-half

(2.5) ounces of usable marijuana, or its equivalent amount, and an amount of wet marijuana set in

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

patient cardholder to whom he or she is connected through the department of health registration

process.

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

unusable marijuana, including up to twelve (12) seedlings immature marijuana plants that are

accompanied by valid medical marijuana tags. A primary caregiver cardholder shall be allowed to

possess a reasonable amount of unusable marijuana, including up to twenty-four (24) seedlings

immature marijuana plants that are accompanied by valid medical marijuana tags and an amount

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

regulation.

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

marijuana if the cardholder:

     (1) Is in possession of a registry identification card; and

     (2) Is in possession of an amount of marijuana that does not exceed the amount permitted

under this chapter. Such presumption may be rebutted by evidence that conduct related to marijuana

was not for the purpose of alleviating the qualifying patient's debilitating medical condition or

symptoms associated with the medical condition.

     (h)(i) A primary caregiver cardholder may receive reimbursement for costs associated with

assisting a qualifying patient cardholder's medical use of marijuana. A primary caregiver

cardholder may only receive reimbursement for the actual costs of goods, materials, services or

utilities for which they have incurred expenses. A primary caregiver may not receive

reimbursement or compensation for his or her time, knowledge, or expertise. Compensation shall

not constitute sale of controlled substances under state law. The department of business regulation

may promulgate regulations for the documentation and tracking of reimbursements and the transfer

of medical marijuana between primary caregivers and their registered patients.

     (i)(j) A primary caregiver cardholder, who has in his or her possession a registry

identification card, shall not be subject to arrest, prosecution, or penalty in any manner, or denied

any right or privilege, including, but not limited to, civil penalty or disciplinary action by a business

or occupational or professional licensing board or bureau, for selling, giving, or distributing, on or

before December 31, 2016 to a compassion center cardholder, marijuana, of the type, and in an

amount not to exceed that set forth in subsection (e)(f), if:

     (1) The primary caregiver cardholder cultivated the marijuana pursuant to this chapter, not

to exceed the limits of subsection (e)(f); and

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

through the department of health's registration process has been provided an adequate amount of

the marijuana to meet his or her medical needs, not to exceed the limits of subsection (a).

     (j)(k) A practitioner shall not be subject to arrest, prosecution, or penalty in any manner, or

denied any right or privilege, including, but not limited to, civil penalty or disciplinary action by

the Rhode Island board of medical licensure and discipline, or by any other business an employer

or occupational or professional licensing board or bureau solely for providing written certifications

in accordance with this chapter and regulations promulgated by the department of health, or for

otherwise stating that, in the practitioner's professional opinion, the potential benefits of the medical

marijuana would likely outweigh the health risks for a patient.

     (k)(l) Any interest in, or right to, property that is possessed, owned, or used in connection

with the lawful medical use of marijuana, or acts incidental to such use, shall not be forfeited.

     (l)(m) No person shall be subject to arrest or prosecution for constructive possession,

conspiracy, aiding and abetting, being an accessory, or any other offense, for simply being in the

presence or vicinity of the medical use of marijuana as permitted under this chapter, or for assisting

a qualifying patient cardholder with using or administering marijuana.

     (m)(n) A practitioner licensed with authority to prescribed drugs pursuant to chapters 34,

37 and 54 of title 5, or pharmacist licensed under chapter 19.1 of title 5, or certified school nurse

teacher, shall not be subject to arrest, prosecution, or penalty in any manner, or denied any right

or privilege, including, but not limited to, civil penalty or disciplinary action by an employer a

business or occupational or professional licensing board or bureau solely for Discussing discussing

the benefits or health risks of medical marijuana or its interaction with other substances with a

patient.

     (2) Administering a non-smokable and non-vaporized form of medical marijuana in a

school setting to a qualified patient registered in accordance with chapter 28.6 of title 21.

      (n)(o) A qualifying patient or primary caregiver registry identification card, or its

equivalent, issued under the laws of another state, U.S. territory, or the District of Columbia, to

permit the medical use of marijuana by a patient with a debilitating medical condition, or to permit

a person to assist with the medical use of marijuana by a patient with a debilitating medical

condition, shall have the same force and effect as a registry identification card.

     (o)(p) Notwithstanding the provisions of subsection (e)(f), no primary caregiver cardholder

shall Possess possess an amount of marijuana in excess of twenty-four (24) mature marijuana plants

that are accompanied by valid medical marijuana tags and five (5) ounces of usable marijuana, or

its equivalent, and an amount of wet medical marijuana set in regulations promulgated by the

departments of health and business regulation for patient cardholders to whom he or she is

connected through the department of health and/or department of business regulation registration

process.

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

qualifying patient or primary caregiver cardholder to whom they are not connected by the

department's registration process, provided that no consideration is paid for the marijuana, and that

the recipient does not exceed the limits specified in this section.

     (q)(r) Qualifying patient cardholders and primary caregiver cardholders who are authorized

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

department of health business regulation. Except for licensed compassion centers, and licensed

cooperative cultivations., and licensed cultivators, no more than twenty four (24) mature marijuana

plants that are accompanied by valid medical marijuana tags shall be grown or otherwise located

at any one dwelling unit or commercial unit The number of qualifying patients or primary

caregivers residing, owning, renting, growing, or otherwise operating at a dwelling or commercial

unit does not affect this limit. The department of health business regulation shall promulgate

regulations to enforce this provision.

     (r)(s) For the purposes of medical care, including organ transplants, a patient cardholder's

authorized use of marijuana shall be considered the equivalent of the authorized use of any other

medication used at the direction of a physician, and shall not constitute the use of an illicit

substance.

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

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

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

protections of this chapter. 

     (t)(u) Notwithstanding any provisions to the contrary, nothing in this chapter or the general

laws shall restrict or otherwise affect the manufacturing, distribution, transportation, sale,

prescribing and dispensing of a product that has been approved for marketing as a prescription

medication by the U.S. Food and Drug Administration and legally prescribed, nor shall hemp, as

defined in in accordance with chapter 26 of title 2 § 2-26-3, be defined as marijuana or marihuana

pursuant to this chapter, chapter 28 of this title or elsewhere in the general laws. 

     21-28.6-5. Departments of health to issue regulations Departments of health and

business regulation to issue regulations. 

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

health shall promulgate regulations governing the manner in which it shall consider petitions from

the public to add debilitating medical conditions to those included in this chapter. In considering

such petitions, the department of health shall include public notice of, and an opportunity to

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

approve or deny such petitions within one hundred eighty (180) days of submission. The approval

or denial of such a petition shall be considered a final department of health action, subject to judicial

review. Jurisdiction and venue for judicial review are vested in the superior court. The denial of a

petition shall not disqualify qualifying patients with that condition, if they have a debilitating

medical condition as defined in § 21-28.6-3(5). The denial of a petition shall not prevent a person

with the denied condition from raising an affirmative defense.

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

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

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

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

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

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

along a sliding scale that accounts for a qualifying patient's or caregiver's income. The department

of health may accept donations from private sources in order to reduce the application and renewal

fees. 

     (c) Not later than October 1, 2019, the department of business regulation shall promulgate

regulations not inconsistent with law, to carry into effect the provisions of this section, governing

the manner in which it shall consider applications for, and renewals of, registry identification cards

for primary caregivers. The department of business regulation's regulations shall establish

application and renewal fees. The department of business regulation may vary the application and

renewal fees along a sliding scale that accounts for a qualifying patient's or caregiver's income. The

department of business regulation may accept donations from private sources in order to reduce the

application and renewal fees. 

     21-28.6-6. Administration of departments of health and business regulation

regulations.

     (a) The department of health shall issue registry identification cards to qualifying patients

who submit the following, in accordance with the department's regulations. Applications shall

include but not be limited to:

     (1) Written certification as defined in § 21-28.6-3(25) of this chapter;

     (2) Application fee, as applicable;

     (3) Name, address, and date of birth of the qualifying patient; provided, however, that if

the patient is homeless, no address is required;

     (4) Name, address, and telephone number of the qualifying patient's practitioner;

     (5) Whether the patient elects to grow medical marijuana plants for himself or herself; and

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

any authorized purchaser for the qualifying patient, if any primary caregiver or authorized

purchaser is chosen by the patient or allowed in accordance with regulations promulgated by the

department departments of health or business regulation.

     (b) The department of health shall not issue a registry identification card to a qualifying

patient under the age of eighteen (18) unless:

     (1) The qualifying patient's practitioner has explained the potential risks and benefits of the

medical use of marijuana to the qualifying patient and to a parent, guardian, or person having legal

custody of the qualifying patient; and

     (2) A parent, guardian, or person having legal custody consents in writing to:

     (i) Allow the qualifying patient's medical use of marijuana;

     (ii) Serve as the qualifying patient's primary caregiver or authorized purchaser; and

     (iii) Control the acquisition of the marijuana, the dosage, and the frequency of the medical

use of marijuana by the qualifying patient.

     (c) The department of health shall renew registry identification cards to qualifying patients

in accordance with regulations promulgated by the department of health and subject to payment of

any applicable renewal fee.

     (d) The department of health shall not issue a registry identification card to a qualifying

patient seeking treatment for post-traumatic stress disorder (PTSD) under the age of eighteen (18).

     (e) The department of health shall verify the information contained in an application or

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

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

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

department determines that the information provided was falsified, or that the renewing applicant

has violated this chapter under their previous registration. Rejection of an application or renewal is

considered a final department action, subject to judicial review. Jurisdiction and venue for judicial

review are vested in the superior court.

     (f) If the qualifying patient's practitioner notifies the department of health in a written

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

of health and department of business regulation, as applicable, shall give priority to these

applications when verifying the information in accordance with subsection (e) and issue a registry

identification card to these qualifying patients, primary caregivers and authorized purchasers within

seventy-two (72) hours of receipt of the completed application. The departments shall not charge a

registration fee to the patient, caregivers or authorized purchasers named in the application. The

department of health may identify through regulation a list of other conditions qualifying a patient

for expedited application processing.

     (g) Following the promulgation of regulations pursuant to § 21-28.6-5(c), the The

department of health shall department of business regulation may issue or renew a registry

identification card to the qualifying patient cardholder's primary caregiver, if any, who is named in

the qualifying patient's approved application The department of business regulation shall verify the

information contained in applications and renewal forms submitted pursuant to this chapter prior

to issuing any registry identification card. The department of business regulation may deny an

application or renewal if the applicant or appointing patient did not provide the information

required pursuant to this section, or if the department determines that the information provided was

falsified, or if the applicant or appointing patient has violated this chapter under his or her previous

registration or has otherwise failed to satisfy the application or renewal requirements.

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

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

division of state police, or local police department for a national criminal records check that shall

include fingerprints submitted to the Federal Bureau of Investigation. Upon the discovery of any

disqualifying information as defined in subdivision (g)(4)(5), and in accordance with the rules

promulgated by the director, the bureau of criminal identification of the department of attorney

general, department of public safety division of state police, or the local police department shall

inform the applicant, in writing, of the nature of the disqualifying information; and, without

disclosing the nature of the disqualifying information, shall notify the department of business

regulation or department of health, as applicable, in writing, that disqualifying information has been

discovered.

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

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

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

regulation or department of health, as applicable, in writing, of this fact.

     (3) The department of health or department of business regulation, as applicable, shall

maintain on file evidence that a criminal records check has been initiated on all applicants seeking

a primary caregiver registry identification card or an authorized purchaser registry identification

card and the results of the checks. The primary caregiver cardholder shall not be required to apply

for a national criminal records check for each patient he or she is connected to through the

department's registration process, provided that he or she has applied for a national criminal records

check within the previous two (2) years in accordance with this chapter. The department of health

and department of business regulation, as applicable, shall not require a primary caregiver

cardholder or an authorized purchaser cardholder to apply for a national criminal records check

more than once every two (2) years.

     (4) Notwithstanding any other provision of this chapter, the department of business

regulation or department of health may revoke or refuse to issue any class or type of registry

identification card or license if it determines that failing to do so would conflict with any federal

law or guidance pertaining to regulatory, enforcement and other systems that states, businesses, or

other institutions may implement to mitigate the potential for federal intervention or enforcement.

This provision shall not be construed to prohibit the overall implementation and administration of

this chapter on account of the federal classification of marijuana as a schedule I substance or any

other federal prohibitions or restrictions.

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

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

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

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

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

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

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

applicant and the department of health or department of business regulation, as applicable,

disqualifying the applicant. If disqualifying information has been found, the department of health

or department of business regulation, as applicable may use its discretion to issue a primary

caregiver registry identification card or an authorized purchaser registry identification card if the

applicant's connected patient is an immediate family member and the card is restricted to that

patient only.

     (5)(6) The primary caregiver or authorized purchaser applicant shall be responsible for any

expense associated with the national criminal records check.

     (6)(7) For purposes of this section, "conviction" means, in addition to judgments of

conviction entered by a court subsequent to a finding of guilty or a plea of guilty, those instances

where the defendant has entered a plea of nolo contendere and has received a sentence of probation

and those instances where a defendant has entered into a deferred sentence agreement with the

attorney general.

     (8) (i) The office of cannabis regulation may adopt rules and regulations based on federal

guidance provided those rules and regulations are designed to comply with federal guidance and

mitigate federal enforcement against the registrations and licenses issued under this chapter.

      (ii) All new and revised rules and regulations promulgated by the department of business

regulation and/or the department of health pursuant to this chapter shall be subject to approval by

the general assembly prior to enactment.

      (h)(1) On or before December 31, 2016, the department of health shall issue registry

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

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

     (ii)(2) Effective January 1, 2017, and thereafter, the department of health or the department

of business regulation, as applicable, shall issue registry identification cards within five (5) business

days of approving an application or renewal that shall expire one year after the date of issuance.

     (iii)(3) Registry identification cards shall contain:

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

     (2)(ii) A random registry identification number;

     (3)(iii) A photograph; and

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

business regulation as applicable.

     (i) Persons issued registry identification cards by the department of health or department

of business regulation shall be subject to the following:

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

his or her name, address, primary caregiver, or authorized purchaser; or if he or she ceases to have

his or her debilitating medical condition, within ten (10) days of such change.

     (2) A qualifying patient cardholder who fails to notify the department of health of any of

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

fifty dollars ($150). If the patient cardholder has ceased to suffer from a debilitating medical

condition, the card shall be deemed null and void and the person shall be liable for any other

penalties that may apply to the person's nonmedical use of marijuana.

     (3) A primary caregiver cardholder or authorized purchaser shall notify the issuing

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

change. A primary caregiver cardholder or authorized purchaser who fails to notify the issuing

department of any of these changes is responsible for a civil infraction, punishable by a fine of no

more than one hundred fifty dollars ($150).

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

department of health or department of business regulation, as applicable, of any changes listed in

this subsection, the department of health or department of business regulation, as applicable, shall

issue the qualifying patient cardholder and each primary caregiver cardholder a new registry

identification card within ten (10) days of receiving the updated information and a ten-dollar

($10.00) fee.

     (5) When a qualifying patient cardholder changes his or her primary caregiver or authorized

purchaser, the department of health or department of business regulation, as applicable shall notify

the primary caregiver cardholder or authorized purchaser within ten (10) days. The primary

caregiver cardholder's protections as provided in this chapter as to that patient shall expire ten (10)

days after notification by the issuing department. If the primary caregiver cardholder or authorized

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

return his or her registry identification card to the issuing department.

     (6) If a cardholder or authorized purchaser loses his or her registry identification card, he

or she shall notify the department that issued the card and submit a ten-dollar ($10.00) fee within

ten (10) days of losing the card. Within five (5) days, the department of health or department of

business regulation shall issue a new registry identification card with new random identification

number.

     (7) Effective January 1, 2019, if a patient cardholder chooses to alter his or her registration

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

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

plants.

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

as determined by the department of health or the department of business regulation, his or her

registry identification card may be revoked.

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

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

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

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

     (k)(1) Applications and supporting information submitted by qualifying patients, including

information regarding their primary caregivers, authorized purchaser, and practitioners, are

confidential and protected under in accordance with the federal Health Insurance Portability and

Accountability Act of 1996, as amended, and shall be exempt from the provisions of chapter 2 of

title 38 et seq. (Rhode Island access to public records act) and not subject to disclosure, except to

authorized employees of the departments of health and business regulation as necessary to perform

official duties of the department departments, and pursuant to subsection (l) and (m).

     (2) The application for qualifying patient's registry identification card shall include a

question asking whether the patient would like the department of health to notify him or her of any

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

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

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

conducted outside of Rhode Island.

     (3) The department of health and the department of business regulation, as applicable, shall

maintain a confidential list of the persons to whom the department of health or department of

business regulation has issued authorized patient, primary caregiver, and authorized purchaser

registry identification cards. Individual names and other identifying information on the list shall be

confidential, exempt from the provisions of Rhode Island access to public information, chapter 2

of title 38, and not subject to disclosure, except to authorized employees of the department

departments of health and business regulation as necessary to perform official duties of the

department departments and pursuant to subsections (l) and (m) of this section.

     (l) Notwithstanding subsection subsections (k) and (m) of this section, the departments of

health and business regulation, as applicable, shall verify to law enforcement personnel whether a

registry identification card is valid and may provide additional information to confirm whether a

cardholder is compliant with the provisions of this chapter and the regulations promulgated

hereunder. solely by confirming the random registry identification number or name. The

department of business regulation shall verify to law enforcement personnel whether a registry

identification card is valid and may confirm whether the cardholder is compliant with the provisions

of this chapter and the regulations promulgated hereunder. This verification may occur through the

use of a shared database, provided that any medical records or confidential information in this

database related to a cardholder's specific medical condition is protected in accordance with

subdivision (k)(1).

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

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

of health, business regulation, public safety, or another state agency or local government, to breach

the confidentiality of information obtained pursuant to this chapter. Notwithstanding this provision,

the department of health and department of business regulation employees may notify law

enforcement about falsified or fraudulent information submitted to the department or violations of

this chapter. Nothing in this act shall be construed as to prohibit law enforcement, public safety,

fire, or building officials from investigating violations of, or enforcing state law.

     (n) On or before the fifteenth day of the month following the end of each quarter of the

fiscal year, the department of health and the department of business regulation shall report to the

governor, the speaker of the House of Representatives, and the president of the senate on

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

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

or authorized purchaser that have been made to the department of health and the department of

business regulation during the preceding quarter, the number of qualifying patients, primary

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

of the qualifying patients, the number of registrations revoked, and the number and specializations,

if any, of practitioners providing written certification for qualifying patients.

     (o) On or before September 30 of each year, the department of health and the department

of business regulation, as applicable, shall report to the governor, the speaker of the House of

Representatives, and the president of the senate on the use of marijuana for symptom relief. The

report shall provide:

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

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

department of business regulation, the number of qualifying patients, primary caregivers, and

authorized purchasers approved, the nature of the debilitating medical conditions of the qualifying

patients, the number of registrations revoked, and the number and specializations, if any, of

practitioners providing written certification for qualifying patients;

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

registrations as of June 30 of the preceding fiscal year;

     (3) An evaluation of the costs permitting the use of marijuana for symptom relief, including

any costs to law enforcement agencies and costs of any litigation;

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

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

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

chapter; and

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

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

for marijuana. 

     (p) After June 30, 2018, the department of business regulation shall report to the speaker

of the house, senate president, the respective fiscal committee chairpersons, and fiscal advisors

within 60 days of the close of the prior fiscal year. The report shall provide:

     (1) The number of applications for registry identification cards to compassion center staff,

the number approved, denied and the number of registry identification cards revoked, and the

number of replacement cards issued;

     (2) The number of applications for compassion centers and licensed cultivators;

     (3) The number of marijuana plant tag sets ordered, delivered, and currently held within

the state;

     (4) The total revenue collections of any monies related to its regulator activities for the

prior fiscal year, by the relevant category of collection, including enumerating specifically the total

amount of revenues foregone or fees paid at reduced rates pursuant to this chapter.

     21-28.6-7. Scope of chapter.

     (a) This chapter shall not permit:

     (1) Any person to undertake any task under the influence of marijuana, when doing so

would constitute negligence or professional malpractice;

     (2) The smoking of marijuana:

     (i) In a school bus or other form of public transportation;

     (ii) On any school grounds;

     (iii) In any correctional facility;

     (iv) In any public place;

     (v) In any licensed drug treatment facility in this state; or

     (vi) Where exposure to the marijuana smoke significantly adversely affects the health,

safety, or welfare of children.

     (3) Any person to operate, navigate, or be in actual physical control of any motor vehicle,

aircraft, or motorboat while under the influence of marijuana. However, a registered qualifying

patient shall not be considered to be under the influence solely for having marijuana metabolites in

his or her system.

     (4) The operation of a medical marijuana emporium, which is expressly prohibited.

     (b) Nothing in this chapter shall be construed to require:

     (1) A government medical assistance program or private health insurer or workers'

compensation insurer, workers' compensation group self-insurer or employer self-insured for

workers' compensation under § 28-36-1 to reimburse a person for costs associated with the medical

use of marijuana; or

     (2) An employer to accommodate the medical use of marijuana in any workplace.

     (c) Fraudulent representation to a law enforcement official of any fact or circumstance

relating to the medical use of marijuana to avoid arrest or prosecution shall be punishable by a fine

of five hundred dollars ($500) which shall be in addition to any other penalties that may apply for

making a false statement for the nonmedical use of marijuana.

     21-28.6-8. Affirmative defense and dismissal.

     (a) Except as provided in § 21-28.6-7, a qualifying patient may assert the medical purpose

for using marijuana as a defense to any prosecution involving marijuana, and such defense shall be

presumed valid where the evidence shows that:

     (1) The qualifying patient's practitioner has stated that, in the practitioner's professional

opinion, after having completed a full assessment of the person's medical history and current

medical condition made in the course of a bona fide practitioner-patient relationship, the potential

benefits of using marijuana for medical purposes would likely outweigh the health risks for the

qualifying patient; and

     (2) The qualifying patient was compliant with this chapter and all regulations promulgated

hereunder and in possession of a quantity of marijuana that was not more than what is permitted

under this chapter to ensure the uninterrupted availability of marijuana for the purpose of alleviating

the person's medical condition or symptoms associated with the medical condition.

     (b) A person may assert the medical purpose for using marijuana in a motion to dismiss,

and the charges shall be dismissed following an evidentiary hearing where the defendant shows the

elements listed in subsection (a) of this section.

     (c) Any interest in, or right to, property that was possessed, owned, or used in connection

with a qualifying patient's use of marijuana for medical purposes shall not be forfeited if the

qualifying patient demonstrates the qualifying patient's medical purpose for using marijuana

pursuant to this section.

     21-28.6-9. Enforcement.

     (a) If the department of health fails to adopt regulations to implement this chapter within

one hundred twenty (120) days of the effective date of this act, a qualifying patient may commence

an action in a court of competent jurisdiction to compel the department to perform the actions

mandated pursuant to the provisions of this chapter.

     (b) If the department of health or the department of business regulation fails to issue a valid

registry identification card in response to a valid application submitted pursuant to this chapter

within thirty-five (35) days of its submission, the registry identification card shall be deemed

granted and a copy of the registry identification application shall be deemed a valid registry

identification card.

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

shall not reissue, the registry identification card of any cardholder or licensee who is convicted of;

placed on probation; whose case is filed pursuant to § 12-10-12 where the defendant pleads nolo

contendere; or whose case is deferred pursuant to § 12-19-19 where the defendant pleads nolo

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

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

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

is in violation of any other section of this chapter or the regulations promulgated hereunder, he or

she shall may be subject to arrest and prosecution under chapter 28 of title 21 ("Rhode Island

Controlled Substances Act"). 

     (e)(1) Notwithstanding any other provision of this chapter, if the director of the department

of business regulation or his or her designee has cause to believe that a violation of any provision

of chapter 28.6 of title 21 or the regulations promulgated thereunder has occurred by a licensee or

registrant under the department's jurisdiction, or that any person or entity is conducting any

activities requiring licensure or registration by the department of business regulation under chapter

28.6 of title 21 or the regulations promulgated thereunder without such licensure or registration, or

is otherwise violating any provisions of said chapter, the director or his or her designee may, in

accordance with the requirements of the administrative procedures act, chapter 35 of title 42:

     (i) With the exception of patient and authorized purchaser registrations, revoke or suspend

any license or registration issued under chapters 26 of title 2 or 28.6 of title 21;

     (ii) Levy an administrative penalty in an amount established pursuant to regulations

promulgated by the department of business regulation;

     (iii) Order the violator to cease and desist such actions;

     (iv) Require a licensee or registrant or person or entity conducting any activities requiring

licensure or registration under chapter 28.6 of title 21 to take such actions as are necessary to

comply with such chapter and the regulations promulgated thereunder; or

     (v) Any combination of the above penalties.

     (2) If the director of the department of business regulation finds that public health, safety,

or welfare imperatively requires emergency action, and incorporates a finding to that effect in his

or her order, summary suspension of license or registration and/or cease and desist may be ordered

pending proceedings for revocation or other action. These proceedings shall be promptly instituted

and determined.

     (f) All cannabis products that are held for sale or distribution within the borders of this state

in violation of the requirements of this chapter are declared to be contraband goods and may be

seized by the department of business regulation, the tax administrator or his or her agents, or

employees, or by any sheriff, or his or her deputy, or any police officer when requested by the tax

administrator or the department of business regulation to do so, without a warrant. All contraband

goods seized by the state under this chapter may be destroyed.

     21-28.6-12. Compassion centers.

     (a) A compassion center registered licensed under this section may acquire, possess,

cultivate, manufacture, deliver, transfer, transport, supply, or dispense medical marijuana, or

related supplies and educational materials, to registered qualifying patients and their registered

primary caregivers or authorized purchasers, or out of state patient cardholders or other marijuana

establishment licensees. Except as specifically provided to the contrary, all provisions of chapter

28.6 of title 21 (the Edward O. Hawkins and Thomas C. Slater Medical Marijuana Act), apply to a

compassion center unless they the provision(s) conflict with a provision contained in § 21-28.6-12.

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

business regulation:

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

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

for registration certificates licenses for compassion centers, including regulations governing:

     (i) The form and content of registration license and renewal applications;

     (ii) Minimum oversight requirements for compassion centers;

     (iii) Minimum record-keeping requirements for compassion centers;

     (iv) Minimum security requirements for compassion centers; and

     (v) Procedures for suspending, revoking, or terminating the registration license of

compassion centers that violate the provisions of this section or the regulations promulgated

pursuant to this subsection.

     (2) Within ninety (90) days of the effective date of this chapter, the department of health

shall begin accepting applications for the operation of a single compassion center.

     (3) Within one hundred fifty (150) days of the effective date of this chapter, the department

of health shall provide for at least one public hearing on the granting of an application to a single

compassion center.

     (4) Within one hundred ninety (190) days of the effective date of this chapter, the

department of health shall grant a single registration certificate license to a single compassion

center, providing at least one applicant has applied who meets the requirements of this chapter.

     (5) If at any time after fifteen (15) months after the effective date of this chapter, there is

no operational compassion center in Rhode Island, the department of health shall accept

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

compassion center if a qualified applicant exists.

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

begin accepting applications to provide registration certificates license for two (2) additional

compassion centers. The department shall solicit input from the public, and issue registration

certificates licenses if qualified applicants exist.

     (7) (i) Any time a compassion center registration certificate license is revoked, is

relinquished, or expires on or before December 31, 2016, the department of health shall accept

applications for a new compassion center.

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

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

applications for a new compassion center.

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

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

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

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

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

business regulation shall accept applications for a new compassion center. No more than three (3)

There shall be nine (9) compassion centers that may hold valid registration certificates licenses at

one time. If at any time on or after July 1, 2019, fewer than nine (9) compassion centers are holding

valid licenses in Rhode Island, the department of business regulation shall accept applications for

new compassion centers and shall continue the process until nine (9) licenses have been issued by

the department of business regulation.

     (9) Any compassion center application selected for approval by the department of health

on or before December 31, 2016, or selected for approval by the department of business regulation

on or after January 1, 2017, shall remain in full force and effect, notwithstanding any provisions of

this chapter to the contrary, and shall be subject to state law adopted herein and rules and regulations

adopted by the departments of health and business regulation subsequent to passage of this

legislation.

     (10) A licensed cultivator may apply for, and be issued, an available compassion center

license provided that the licensed cultivation premises is disclosed on the compassion center

application as the permitted second location for growing medical marijuana in accordance with §

21-28.6-12(c)(1). If a licensed cultivator is issued an available compassion center license, their

cultivation facility license will merge with and into their compassion center license in accordance

with regulations promulgated by the department of business regulation. Once merged, the

cultivation of medical marijuana may then be conducted under the compassion center license in

accordance with § 21-28.6-12 and the cultivation license will be considered null and void and of

no further force or effect.

     (c) Compassion center and agent applications and registration license:

     (1) Each application for a compassion center shall include be submitted in accordance with

regulations promulgated by the department of business regulation and shall include, but not be

limited to:

     (i) A non-refundable application fee paid to the department in the amount of two hundred

fifty dollars ($250) ten thousand dollars ($10,000);

     (ii) The proposed legal name and proposed articles of incorporation of the compassion

center;

     (iii) The proposed physical address of the compassion center, if a precise address has been

determined, or, if not, the general location where it would be located. this may include a second

location for the cultivation of medical marijuana;

     (iv) A description of the enclosed, locked facility that would be used in the cultivation of

medical marijuana;

     (v) The name, address, and date of birth of each principal officer and board member of the

compassion center;

     (vi) Proposed security and safety measures that shall include at least one security alarm

system for each location, planned measures to deter and prevent the unauthorized entrance into

areas containing marijuana and the theft of marijuana, as well as a draft, employee-instruction

manual including security policies, safety and security procedures, personal safety, and crime-

prevention techniques; and

     (vii) Proposed procedures to ensure accurate record keeping;

     (2)(i) For applications submitted on or before December 31, 2016, any time one or more

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

shall also allow for comment by the public and shall solicit input from registered qualifying

patients, registered primary caregivers; and the towns or cities where the applicants would be

located;

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

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

business regulation shall also allow for comment by the public and shall solicit input from

registered qualifying patients, registered primary caregivers; and the towns or cities where the

applicants would be located.

     (3) Each time a new compassion center certificate license is granted issued, the decision

shall be based upon the overall health needs of qualified patients and the safety of the public,

including, but not limited to, the following factors:

     (i) Convenience to patients from areas throughout the state of Rhode Island. to the

compassion centers if the applicant were approved;

     (ii) The applicant's ability to provide a steady supply to the registered qualifying patients

in the state;

     (iii) The applicant's experience running a non-profit or business;

     (iv) The interests of qualifying patients regarding which applicant be granted a registration

certificate license;

     (v) The interests of the city or town where the dispensary would be located taking into

consideration need and population;

     (vi) Nothing herein shall prohibit more than one compassion center being geographically