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art.020/1 | ||
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1 | ARTICLE 20 | |
2 | RELATING TO MARIJUANA | |
3 | 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 | |
4 | Laws in Chapter 2-26 entitled "Hemp Growth Act" are hereby amended to read as follows: | |
5 | 2-26-1. Short title. | |
6 | This chapter shall be known and may be cited as the "Industrial Hemp Growth Act." | |
7 | 2-26-3. Definitions. | |
8 | When used in this chapter, the following terms shall have the following meanings: | |
9 | (1) "Applicant" means any person, firm, corporation, or other legal entity who or that, on | |
10 | his, her, or its own behalf, or on behalf of another, has applied for permission to engage in any act | |
11 | or activity that is regulated under the provisions of this chapter. | |
12 | (2) “Cannabis” means all parts of the plant of the genus marijuana, also known as | |
13 | marijuana sativa L, whether growing or not; the seeds thereof; the resin extracted from any | |
14 | part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation | |
15 | of the plant, its seeds, or resin regardless of cannabinoid content or cannabinoid potency including | |
16 | “marijuana” and “industrial hemp” or “industrial hemp products” which satisfy the requirements | |
17 | of this chapter. | |
18 | (3) “Cannabidiol” or “CBD” means cannabidiol (CBD) derived from a hemp plant as | |
19 | defined in § 2-26-3(8), not including products derived from exempt cannabis plant material as | |
20 | defined in 21 C.F.R. § 1308.35. | |
21 | (2) (4) "Department" means the office of cannabis regulation within the department of | |
22 | business regulation. | |
23 | (3) (5) "Division" means the division of agriculture in the department of environmental | |
24 | management. | |
25 | (4) (6) "Grower" means a person or entity who or that produces hemp for commercial | |
26 | purposes. | |
27 | (5) (7) "Handler" means a person or entity who or that produces hemp for processing into | |
28 | commodities, products, or agricultural hemp seed. | |
29 | (6) (8) "Hemp" or “industrial hemp” means the plant of the genus cannabis and any part of | |
30 | such plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration that does not | |
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1 | exceed three-tenths percent (0.3%) on a dry-weight basis of any part of the plant cannabis, or per | |
2 | volume or weight of marijuana product or the combined percent of delta-9 tetrahydrocannabinol | |
3 | and tetrahydrocannabinolic acid in any part of the plant cannabis regardless of the moisture content. | |
4 | Hemp is also commonly referred to in this context as "industrial hemp." means the plant Cannabis | |
5 | sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, | |
6 | cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 | |
7 | tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight or per volume | |
8 | basis regardless of moisture content, and which satisfies the requirements of this chapter. | |
9 | (9) “Hemp-derived consumable CBD product” means any product meant for ingestion, | |
10 | including but not limited to concentrates, extracts, and cannabis-infused foods and products, which | |
11 | contains cannabidiol derived from a hemp plant as defined in § 2-26-3(8), not including products | |
12 | derived from exempt cannabis plant material as defined in 21 C.F.R. § 1308.35. | |
13 | (7) (10) "Hemp products" or “industrial hemp products” means all products made from the | |
14 | plants, including, but not limited to, concentrated oil, cloth, cordage, fiber, food, fuel, hemp-derived | |
15 | consumable CBD products, paint, paper, construction materials, plastics, seed, seed meal, seed oil, | |
16 | and seed certified for cultivation., which satisfy the requirements of this chapter. | |
17 | (11) “Licensed CBD distributor” means a person licensed to distribute hemp-derived | |
18 | consumable CBD products pursuant to this chapter. | |
19 | (12) “Licensed CBD retailer” means a person licensed to sell hemp-derived consumable | |
20 | CBD products pursuant to this chapter. | |
21 | (8) (13) "THC" means tetrahydrocannabinol, the principal psychoactive constituent of | |
22 | cannabis. | |
23 | (9) (14) "THCA" means tetrahydrocannabinol acid. | |
24 | 2-26-4. Hemp an agricultural product. | |
25 | Hemp is an agricultural product that may be grown as a crop, produced, possessed, | |
26 | distributed, sold at retail, and commercially traded pursuant to the provisions of this chapter. Hemp | |
27 | is subject to primary regulation by the department. The division may assist the department in the | |
28 | regulation of hemp growth and production. | |
29 | 2-26-5. Authority over licensing and sales. | |
30 | (a) The department shall promulgate rules and regulations for the licensing and regulation | |
31 | of hemp growers, and handlers, licensed CBD distributors, and licensed CBD retailers and or | |
32 | persons otherwise employed by the applicant and shall be responsible for the enforcement of such | |
33 | licensing and regulation. | |
34 | (b) All growers and handlers, and licensed CBD distributors, and licensed CBD retailers | |
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1 | must have a hemp license issued by the department. | |
2 | (c) The application for a hemp license shall include, but not be limited to, the following: | |
3 | (1)(i) The name and address of the applicant who will supervise, manage, or direct the | |
4 | growing and handling of hemp and the names and addresses of any person or entity partnering or | |
5 | providing consulting services regarding the growing or handling of hemp. ; and | |
6 | (ii) The name and address of the applicant who will supervise, manage, or direct the | |
7 | distribution or sale of hemp-derived consumable CBD products, and names and addresses of any | |
8 | person or entity partnering or providing consulting services regarding the distribution or sale of | |
9 | hemp-derived CBD products. | |
10 | (2) A certificate of analysis that the seeds or plants obtained for cultivation are of a type | |
11 | and variety that do not exceed the maximum concentration of delta-9 THC, as set forth in § 2-26- | |
12 | 3(8); any seeds that are obtained from a federal agency are presumed not to exceed the maximum | |
13 | concentration and do not require a certificate of analysis. | |
14 | (3)(i) The location of the facility, including the Global Positioning System location, and | |
15 | other field reference information as may be required by the department with a tracking program | |
16 | and security layout to ensure that all hemp grown is tracked and monitored from seed to distribution | |
17 | outlets. ; and | |
18 | (ii) The location of the facility and other information as may be required by the department | |
19 | as to where the distribution or sale of hemp-derived consumable CBD products will occur. | |
20 | (4) An explanation of the seed to sale tracking, cultivation method, extraction method, and | |
21 | certificate of analysis or certificate of analysis for the standard hemp seeds or hemp product if | |
22 | required by the department. | |
23 | (5) Verification, prior to planting any seed, that the plant to be grown is of a type and | |
24 | variety of hemp that will produce a delta-9 THC concentration of no more than three-tenths of one | |
25 | percent (0.3%) on a dry-weight basis. | |
26 | (6) Documentation that the licensee and/or its agents have entered into a purchase | |
27 | agreement with a hemp handler or processor, distributor or retailer, if required by the department. | |
28 | (7) All applicants: | |
29 | (i) Shall apply to the state police, attorney general, or local law enforcement for a National | |
30 | Criminal Identification records check that shall include fingerprints submitted to the Federal | |
31 | Bureau of Investigation. Upon the discovery of a disqualifying conviction defined in paragraph (iv) | |
32 | and (v), and in accordance with the rules promulgated by the department, the state police shall | |
33 | inform the applicant, in writing, of the nature of the conviction, and the state police shall notify the | |
34 | department, in writing, without disclosing the nature of the conviction, that a conviction has been | |
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1 | found; | |
2 | (ii) In those situations in which no conviction has been found, the state police shall inform | |
3 | the applicant and the department, in writing, of this fact; | |
4 | (iii) All applicants shall be responsible for any expense associated with the criminal | |
5 | background check with fingerprints. | |
6 | (iv) Any applicant who has been convicted of any felony offense under chapter 28 of title | |
7 | 21, or any person who has been convicted of murder, manslaughter, first-degree sexual assault, | |
8 | second-degree sexual assault, first-degree child molestation, second-degree child molestation, | |
9 | kidnapping, first-degree arson, second-degree arson, mayhem, robbery, burglary, breaking and | |
10 | entering, assault with a dangerous weapon, or any assault and battery punishable as a felony or | |
11 | assault with intent to commit any offense punishable as a felony, shall be disqualified from holding | |
12 | any license or permit under this chapter. The department shall notify any applicant, in writing, of | |
13 | for a denial of a license pursuant to this subsection. | |
14 | (v) For purposes of this section, "conviction" means, in addition to judgments of conviction | |
15 | entered by a court subsequent to a finding of guilty, or plea of guilty, those instances where the | |
16 | defendant has entered a plea of nolo contendere and has received a jail sentence or a suspended jail | |
17 | sentence, or those instances wherein the defendant has entered into a deferred sentence agreement | |
18 | with the Rhode Island attorney general and the period of deferment has not been completed. | |
19 | (8) Any other information as set forth in rules and regulations as required by the | |
20 | department. | |
21 | (d) All employees of the applicant shall register with the Rhode Island state police. | |
22 | (e) (d) The department shall issue a hemp license to the grower or handler applicant if he, | |
23 | she, or it meets the requirements of this chapter, upon the applicant paying a licensure fee of two | |
24 | thousand five hundred dollars ($2,500). Said license shall be renewed every two (2) years upon | |
25 | payment of a two thousand five hundred dollar ($2,500) renewal fee. Any licensee convicted of | |
26 | any disqualifying offense described in subsection (c)(7)(iv) shall have his, her, or its license | |
27 | revoked. All license fees shall be directed to the department to help defray the cost of enforcement. | |
28 | The department shall collect a nonrefundable application fee of two hundred fifty dollars ($250) | |
29 | for each application to obtain a license. | |
30 | (e) Any grower or handler license applicant or license holder may also apply for, and be | |
31 | issued a CBD distributor and/or CBD retailer license at no additional cost provided their grower or | |
32 | handler license is issued or renewed. CBD distributor and CBD retailer licenses shall be renewed | |
33 | each year at no additional fee provided the applicant also holds or renews a grower and/or handler | |
34 | license. | |
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1 | (f) For applicants who do not hold, renew, or receive a grower or handler license, CBD | |
2 | handler and CBD retailer licenses shall have a licensure fee of five hundred dollars ($500). Said | |
3 | licenses shall be renewed each year upon approval by the department and payment of a five hundred | |
4 | dollars ($500) renewal fee. | |
5 | 2-26-6. Rulemaking authority. | |
6 | (a) The department shall adopt rules to provide for the implementation of this chapter, | |
7 | which shall include rules to require hemp to be tested during growth for THC levels and to require | |
8 | inspection of hemp during sowing, growing season, harvest, storage, and processing. Included in | |
9 | these rules should be a system requiring the licensee to submit crop samples to an approved testing | |
10 | facility, as determined by the department for testing and verification of compliance with the limits | |
11 | on delta-9 THC concentration. | |
12 | (b) The department shall adopt rules and regulations for all operational requirements for | |
13 | licensed growers, handlers, CBD distributors and retailers. | |
14 | (b) (c) The department shall not adopt under this or any other section, a rule that would | |
15 | prohibit a person or entity to grow, or distribute or sell hemp based solely on the legal status of | |
16 | hemp under federal law. | |
17 | (d) The department may adopt rules and regulations based on federal law provided those | |
18 | rules and regulations are designed to comply with federal guidance and mitigate federal | |
19 | enforcement against the licenses issued under this chapter. | |
20 | 2-26-7. Registration Licensure. | |
21 | (a) Except as provided in this section, beginning sixty (60) days after the effective date of | |
22 | this chapter, the department shall accept the application for licensure to cultivate hemp submitted | |
23 | by the applicant. | |
24 | (b) A person or entity registered with licensed by the department pursuant to this chapter | |
25 | shall allow hemp crops, throughout sowing, year-long growing seasons, harvest storage, and | |
26 | processing, to be inspected and tested by and at the discretion of the department. | |
27 | SECTION 2. Chapter 2-26 of the General Laws entitled "Hemp Growth Act" is hereby | |
28 | amended by adding thereto the following Sections 2-26-10; 2-26-11 and 2-26-12: | |
29 | 2-26-10. Tax obligations; enforcement. | |
30 | Licensees under this chapter shall comply with provisions of chapter 44-49.1 of the general | |
31 | laws, and upon the failure of a licensee to comply with its obligations under chapter 44-49.1 the | |
32 | department may revoke or suspend a license upon the request of the tax administrator. | |
33 | 2-26-11. Enforcement of violations of chapter. | |
34 | (a) (1) Notwithstanding any other provision of this chapter, if the director of the department | |
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1 | or his or her designee has cause to believe that a violation of any provision of this chapter 2-26 or | |
2 | any regulations promulgated hereunder has occurred by a licensee that is under the department’s | |
3 | jurisdiction pursuant to this chapter, or that any person or entity is conducting any activities | |
4 | requiring licensure by the department under this chapter or the regulations promulgated hereunder | |
5 | without such licensure, the director or his or her designee may, in accordance with the requirements | |
6 | of the administrative procedures act, chapter 35 of title 42: | |
7 | (i) Revoke or suspend a license; | |
8 | (ii) Levy an administrative penalty in an amount established pursuant to regulations | |
9 | promulgated by the department ; | |
10 | (iii) Order the violator to cease and desist such actions; | |
11 | (iv) Require a licensee or person or entity conducting any activities requiring licensure | |
12 | under this chapter 2-26 to take such actions as are necessary to comply with such chapter and the | |
13 | regulations promulgated thereunder; or | |
14 | (v) Any combination of the above penalties. | |
15 | (2) If the director of the department finds that public health, safety, or welfare requires | |
16 | emergency action, and incorporates a finding to that effect in his or her order, summary suspension | |
17 | of license and/or cease and desist may be ordered pending proceedings for revocation or other | |
18 | action. These proceedings shall be promptly instituted and determined. | |
19 | 2-26-12. Revenue. | |
20 | There is created within the general fund a restricted receipt account to be known as the | |
21 | “industrial hemp licensing” or “industrial hemp licensing program” account. Fees collected | |
22 | pursuant to this chapter shall be deposited into this account and be used to finance costs of | |
23 | administering this chapter, including but not limited to licensing, inspections, and enforcement. | |
24 | The restricted receipt account will be housed within the budgets of the departments of business | |
25 | regulation, health, revenue and public safety, and the executive office of health and human services. | |
26 | All amounts deposited into the industrial hemp licensing account shall be exempt from the indirect | |
27 | cost recovery provisions of § 35-4-27. | |
28 | SECTION 3. Section 21-28-1.02 of the General Laws in Chapter 21-28 entitled "Uniform | |
29 | Controlled Substances Act" is hereby amended to read as follows: | |
30 | 21-28-1.02. Definitions. [Effective until January 1, 2023.] | |
31 | Unless the context otherwise requires, the words and phrases as defined in this section are | |
32 | used in this chapter in the sense given them in the following definitions: | |
33 | (1) "Administer" refers to the direct application of controlled substances to the body of a | |
34 | patient or research subject by: | |
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1 | (i) A practitioner, or, in his or her presence by his or her authorized agent; or | |
2 | (ii) The patient or research subject at the direction and in the presence of the practitioner | |
3 | whether the application is by injection, inhalation, ingestion, or any other means. | |
4 | (2) "Agent" means an authorized person who acts on behalf of, or at the direction of, a | |
5 | manufacturer, wholesaler, distributor, or dispenser; except that these terms do not include a | |
6 | common or contract carrier or warehouse operator, when acting in the usual and lawful course of | |
7 | the carrier's or warehouse operator's business. | |
8 | (3) "Apothecary" means a registered pharmacist as defined by the laws of this state and, | |
9 | where the context requires, the owner of a licensed pharmacy or other place of business where | |
10 | controlled substances are compounded or dispensed by a registered pharmacist; and includes | |
11 | registered assistant pharmacists as defined by existing law, but nothing in this chapter shall be | |
12 | construed as conferring on a person who is not registered as a pharmacist any authority, right, or | |
13 | privilege that is not granted to him or her by the pharmacy laws of the state. | |
14 | (4) "Automated data processing system" means a system utilizing computer software and | |
15 | hardware for the purposes of record keeping. | |
16 | (5) "Certified law enforcement prescription drug diversion investigator" means a certified | |
17 | law enforcement officer assigned by his or her qualified law enforcement agency to investigate | |
18 | prescription drug diversion. | |
19 | (6) "Computer" means programmable electronic device capable of multi-functions, | |
20 | including, but not limited to: storage, retrieval, and processing of information. | |
21 | (7) "Control" means to add a drug or other substance or immediate precursor to a schedule | |
22 | under this chapter, whether by transfer from another schedule or otherwise. | |
23 | (8) "Controlled substance" means a drug, substance, immediate precursor, or synthetic drug | |
24 | in schedules I -- V of this chapter. The term shall not include distilled spirits, wine, or malt | |
25 | beverages, as those terms are defined or used in chapter 1 of title 3, nor tobacco. | |
26 | (9) "Co-prescribing" means issuing a prescription for an opioid antagonist along with a | |
27 | prescription for an opioid analgesic. | |
28 | (10) "Counterfeit substance" means a controlled substance that, or the container or labeling | |
29 | of which, without authorization bears the trademark, trade name, or other identifying mark, imprint, | |
30 | number, or device, or any likeness of them, of a manufacturer, distributor, or dispenser, other than | |
31 | the person or persons who in fact manufactured, distributed, or dispensed the substance and that | |
32 | thereby falsely purports or is represented to be the product of, or to have been distributed by, the | |
33 | other manufacturer, distributor, or dispenser, or which substance is falsely purported to be or | |
34 | represented to be one of the controlled substances by a manufacturer, distributor, or dispenser. | |
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1 | (11) "CRT" means cathode ray tube used to impose visual information on a screen. | |
2 | (12) "Deliver" or "delivery" means the actual, constructive, or attempted transfer of a | |
3 | controlled substance or imitation controlled substance, whether or not there exists an agency | |
4 | relationship. | |
5 | (13) "Department" means the department of health of this state. | |
6 | (14) "Depressant or stimulant drug" means: | |
7 | (i) A drug that contains any quantity of: | |
8 | (A) Barbituric acid or derivatives, compounds, mixtures, or preparations of barbituric acid; | |
9 | and | |
10 | (B) "Barbiturate" or "barbiturates" includes all hypnotic and/or somnifacient drugs, | |
11 | whether or not derivatives of barbituric acid, except that this definition shall not include bromides | |
12 | and narcotics. | |
13 | (ii) A drug that contains any quantity of: | |
14 | (A) Amphetamine or any of its optical isomers; | |
15 | (B) Any salt of amphetamine and/or desoxyephedrine or any salt of an optical isomer of | |
16 | amphetamine and/or desoxyephedrine, or any compound, mixture, or preparation of them. | |
17 | (iii) A drug that contains any quantity of coca leaves. "Coca leaves" includes cocaine, or | |
18 | any compound, manufacture, salt, derivative, mixture, or preparation of coca leaves, except | |
19 | derivatives of coca leaves, that do not contain cocaine, ecgonine, or substance from which cocaine | |
20 | or ecgonine may be synthesized or made. | |
21 | (iv) Any other drug or substance that contains any quantity of a substance that the attorney | |
22 | general of the United States, or the director of health, after investigation, has found to have, or by | |
23 | regulation designates as having, a potential for abuse because of its depressant or stimulant effect | |
24 | on the central nervous system. | |
25 | (15) "Director" means the director of health. | |
26 | (16) "Dispense" means to deliver, distribute, leave with, give away, or dispose of a | |
27 | controlled substance to the ultimate user or human research subject by or pursuant to the lawful | |
28 | order of a practitioner, including the packaging, labeling, or compounding necessary to prepare the | |
29 | substance for that delivery. | |
30 | (17) "Dispenser" is a practitioner who delivers a controlled substance to the ultimate user | |
31 | or human research subject. | |
32 | (18) "Distribute" means to deliver (other than by administering or dispensing) a controlled | |
33 | substance or an imitation controlled substance and includes actual constructive, or attempted | |
34 | transfer. "Distributor" means a person who so delivers a controlled substance or an imitation | |
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1 | controlled substance. | |
2 | (19) "Downtime" means that period of time when a computer is not operable. | |
3 | (20) "Drug addicted person" means a person who exhibits a maladaptive pattern of | |
4 | behavior resulting from drug use, including one or more of the following: impaired control over | |
5 | drug use; compulsive use; and/or continued use despite harm, and craving. | |
6 | (21) "Drug Enforcement Administration" means the Drug Enforcement Administration | |
7 | United States Department of Justice or its successor. | |
8 | (22) "Federal law" means the Comprehensive Drug Abuse Prevention and Control Act of | |
9 | 1970, (84 stat. 1236) (see generally 21 U.S.C. § 801 et seq.), and all regulations pertaining to that | |
10 | federal act. | |
11 | (23) "Hardware" means the fixed component parts of a computer. | |
12 | (24) "Hospital" means an institution as defined in chapter 17 of title 23. | |
13 | (25) "Imitation controlled substance" means a substance that is not a controlled substance, | |
14 | that by dosage unit, appearance (including color, shape, size, and markings), or by representations | |
15 | made, would lead a reasonable person to believe that the substance is a controlled substance and, | |
16 | which imitation controlled substances contain substances that if ingested, could be injurious to the | |
17 | health of a person. In those cases when the appearance of the dosage unit is not reasonably sufficient | |
18 | to establish that the substance is an "imitation controlled substance" (for example in the case of | |
19 | powder or liquid), the court or authority concerned should consider, in addition to all other logically | |
20 | relevant factors, the following factors as related to "representations made" in determining whether | |
21 | the substance is an "imitation controlled substance": | |
22 | (i) Statement made by an owner, possessor, transferor, recipient, or by anyone else in | |
23 | control of the substance concerning the nature of the substance, or its use or effect. | |
24 | (ii) Statements made by the owner, possessor, or transferor, to the recipient that the | |
25 | substance may be resold for substantial profit. | |
26 | (iii) Whether the substance is packaged in a manner reasonably similar to packaging of | |
27 | illicit controlled substances. | |
28 | (iv) Whether the distribution or attempted distribution included an exchange of or demand | |
29 | for money or other property as consideration, and whether the amount of the consideration was | |
30 | substantially greater than the reasonable value of the non-controlled substance. | |
31 | (26) "Immediate precursor" means a substance: | |
32 | (i) That the director of health has found to be and by regulation designated as being the | |
33 | principal compound used, or produced primarily for use, in the manufacture of a controlled | |
34 | substance; | |
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1 | (ii) That is an immediate chemical intermediary used or likely to be used in the manufacture | |
2 | of those controlled substances; and | |
3 | (iii) The control of which is necessary to prevent, curtail, or limit the manufacture of that | |
4 | controlled substance. | |
5 | (27) "Laboratory" means a laboratory approved by the department of health as proper to be | |
6 | entrusted with controlled substances and the use of controlled substances for scientific and medical | |
7 | purposes and for the purposes of instruction. | |
8 | (28) "Manufacture" means the production, preparation, propagation, cultivation, | |
9 | compounding, or processing of a drug or other substance, including an imitation controlled | |
10 | substance, either directly or indirectly or by extraction from substances of natural origin, or | |
11 | independently by means of chemical synthesis or by a combination of extraction and chemical | |
12 | synthesis and includes any packaging or repackaging of the substance or labeling or relabeling of | |
13 | its container in conformity with the general laws of this state except by a practitioner as an incident | |
14 | to his or her administration or dispensing of the drug or substance in the course of his or her | |
15 | professional practice. | |
16 | (29) "Manufacturer" means a person who manufactures but does not include an apothecary | |
17 | who compounds controlled substances to be sold or dispensed on prescriptions. | |
18 | (30) "Marijuana" means all parts of the plant cannabis sativa L., whether growing or not; | |
19 | the seeds of the plant; the resin extracted from any part of the plant; and every compound, | |
20 | manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin, but shall not | |
21 | include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the | |
22 | seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of | |
23 | mature stalks, (except the resin extracted from it), fiber, oil or cake, or the sterilized seed from the | |
24 | plant which is incapable of germination. Marijuana shall not include “industrial hemp” or” | |
25 | industrial hemp products” which satisfy the requirements of chapter 2-26 of the general laws and | |
26 | the regulations promulgated thereunder. | |
27 | (31) "Narcotic drug" means any of the following, whether produced directly or indirectly | |
28 | by extraction from substances of vegetable origin, or independently by means of chemical synthesis | |
29 | or by a combination of extraction and chemical synthesis: | |
30 | (i) Opium and opiates. | |
31 | (ii) A compound, manufacture, salt, derivative, or preparation of opium or opiates. | |
32 | (iii) A substance (and any compound, manufacture, salt, derivative, or preparation of it) | |
33 | that is chemically identical with any of the substances referred to in paragraphs (i) and (ii) of this | |
34 | subdivision. | |
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1 | (iv) Any other substance that the attorney general of the United States, or his or her | |
2 | successor, or the director of health, after investigation, has found to have, and by regulation | |
3 | designates as having, a potential for abuse similar to opium and opiates. | |
4 | (32) "Official written order" means an order written on a form provided for that purpose | |
5 | by the Drug Enforcement Administration under any laws of the United States making provision for | |
6 | an official form, if order forms are authorized and required by federal law, and if no order form is | |
7 | provided then on an official form provided for that purpose by the director of health. | |
8 | (33) "Opiate" means any substance having an addiction-forming or addiction-sustaining | |
9 | liability similar to morphine or being capable of conversion into a drug having addiction-forming | |
10 | or addiction-sustaining liability. | |
11 | (34) "Opioid analgesics" means and includes, but is not limited to, the medicines | |
12 | buprenophine, butorphanol, codeine, hydrocodone, hydromorphone, levorphanol, meperidine, | |
13 | methadone, morphine, nalbuphine, oxycodone, oxymorphone, pentazocine, propoxyphene as well | |
14 | as their brand names, isomers, and combinations, or other medications approved by the department. | |
15 | (35) "Opioid antagonist" means naloxone hydrochloride and any other drug approved by | |
16 | the United States Food and Drug Administration for the treatment of opioid overdose. | |
17 | (36) "Opium poppy" means the plant of the species papaver somniferum L., except the | |
18 | seeds of the plant. | |
19 | (37) "Ounce" means an avoirdupois ounce as applied to solids and semi-solids, and a fluid | |
20 | ounce as applied to liquids. | |
21 | (38) "Person" means any corporation, association, partnership, or one or more individuals. | |
22 | (39) "Physical dependence" means a state of adaptation that is manifested by a drug class | |
23 | specific withdrawal syndrome that can be produced by abrupt cessation, rapid dose reduction, | |
24 | decreasing blood level of the drug, and/or administration of an antagonist. | |
25 | (40) "Poppy straw" means all parts, except the seeds, of the opium poppy, after mowing. | |
26 | (41) "Practitioner" means: | |
27 | (i) A physician, osteopath, dentist, chiropodist, veterinarian, scientific investigator, or other | |
28 | person licensed, registered or permitted to distribute, dispense, conduct research with respect to or | |
29 | to administer a controlled substance in the course of professional practice or research in this state. | |
30 | (ii) A pharmacy, hospital, or other institution licensed, registered or permitted to distribute, | |
31 | dispense, conduct research with respect to, or to administer a controlled substance in the course of | |
32 | professional practice or research in this state. | |
33 | (42) "Printout" means a hard copy produced by computer that is readable without the aid | |
34 | of any special device. | |
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1 | (43) "Production" includes the manufacture, planting, cultivation, growing, or harvesting | |
2 | of a controlled substance. | |
3 | (44) "Qualified law enforcement agency" means the U.S. Food and Drug Administration, | |
4 | Drug Enforcement Administration, Federal Bureau of Investigation, Office of Inspector General of | |
5 | the U.S. Department of Health & Human Services, or the Medicaid Fraud and Patient Abuse Unit | |
6 | in the Office of the Attorney General. | |
7 | (45) "Researcher" means a person authorized by the director of health to conduct a | |
8 | laboratory as defined in this chapter. | |
9 | (46) "Sell" includes sale, barter, gift, transfer, or delivery in any manner to another, or to | |
10 | offer or agree to do the same. | |
11 | (47) "Software" means programs, procedures and storage of required information data. | |
12 | (48) "Synthetic drugs" means any synthetic cannabinoids or piperazines or any synthetic | |
13 | cathinones as provided for in schedule I. | |
14 | (49) "Ultimate user" means a person who lawfully possesses a controlled substance for his | |
15 | or her own use or for the use of a member of his or her household, or for administering to an animal | |
16 | owned by him or her or by a member of his or her household. | |
17 | (50) "Wholesaler" means a person who sells, vends, or distributes at wholesale, or as a | |
18 | jobber, broker agent, or distributor, or for resale in any manner in this state any controlled | |
19 | substance. | |
20 | 21-28-1.02. Definitions. [Effective January 1, 2023.] | |
21 | Unless the context otherwise requires, the words and phrases as defined in this section are | |
22 | used in this chapter in the sense given them in the following definitions: | |
23 | (1) "Administer" refers to the direct application of controlled substances to the body of a | |
24 | patient or research subject by: | |
25 | (i) A practitioner, or, in his or her presence by his or her authorized agent; or | |
26 | (ii) The patient or research subject at the direction and in the presence of the practitioner | |
27 | whether the application is by injection, inhalation, ingestion, or any other means. | |
28 | (2) "Agent" means an authorized person who acts on behalf of, or at the direction of, a | |
29 | manufacturer, wholesaler, distributor, or dispenser; except that these terms do not include a | |
30 | common or contract carrier or warehouse operator, when acting in the usual and lawful course of | |
31 | the carrier's or warehouse operator's business. | |
32 | (3) "Apothecary" means a registered pharmacist as defined by the laws of this state and, | |
33 | where the context requires, the owner of a licensed pharmacy or other place of business where | |
34 | controlled substances are compounded or dispensed by a registered pharmacist; and includes | |
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| |
1 | registered assistant pharmacists as defined by existing law, but nothing in this chapter shall be | |
2 | construed as conferring on a person who is not registered as a pharmacist any authority, right, or | |
3 | privilege that is not granted to him or her by the pharmacy laws of the state. | |
4 | (4) "Automated data processing system" means a system utilizing computer software and | |
5 | hardware for the purposes of record keeping. | |
6 | (5) "Computer" means programmable electronic device capable of multi-functions, | |
7 | including, but not limited to: storage, retrieval, and processing of information. | |
8 | (6) "Control" means to add a drug or other substance or immediate precursor to a schedule | |
9 | under this chapter, whether by transfer from another schedule or otherwise. | |
10 | (7) "Controlled substance" means a drug, substance, immediate precursor, or synthetic drug | |
11 | in schedules I -- V of this chapter. The term shall not include distilled spirits, wine, or malt | |
12 | beverages, as those terms are defined or used in chapter 1 of title 3, nor tobacco. | |
13 | (8) "Co-prescribing" means issuing a prescription for an opioid antagonist along with a | |
14 | prescription for an opioid analgesic. | |
15 | (9) "Counterfeit substance" means a controlled substance that, or the container or labeling | |
16 | of which, without authorization bears the trademark, trade name, or other identifying mark, imprint, | |
17 | number, or device, or any likeness of them, of a manufacturer, distributor, or dispenser, other than | |
18 | the person or persons who in fact manufactured, distributed, or dispensed the substance and that | |
19 | thereby falsely purports or is represented to be the product of, or to have been distributed by, the | |
20 | other manufacturer, distributor, or dispenser, or which substance is falsely purported to be or | |
21 | represented to be one of the controlled substances by a manufacturer, distributor, or dispenser. | |
22 | (10) "CRT" means cathode ray tube used to impose visual information on a screen. | |
23 | (11) "Deliver" or "delivery" means the actual, constructive, or attempted transfer of a | |
24 | controlled substance or imitation controlled substance, whether or not there exists an agency | |
25 | relationship. | |
26 | (12) "Department" means the department of health of this state. | |
27 | (13) "Depressant or stimulant drug" means: | |
28 | (i) A drug that contains any quantity of: | |
29 | (A) Barbituric acid or derivatives, compounds, mixtures, or preparations of barbituric acid; | |
30 | and | |
31 | (B) "Barbiturate" or "barbiturates" includes all hypnotic and/or somnifacient drugs, | |
32 | whether or not derivatives of barbituric acid, except that this definition shall not include bromides | |
33 | and narcotics. | |
34 | (ii) A drug that contains any quantity of: | |
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| |
1 | (A) Amphetamine or any of its optical isomers; | |
2 | (B) Any salt of amphetamine and/or desoxyephedrine or any salt of an optical isomer of | |
3 | amphetamine and/or desoxyephedrine, or any compound, mixture, or preparation of them. | |
4 | (iii) A drug that contains any quantity of coca leaves. "Coca leaves" includes cocaine, or | |
5 | any compound, manufacture, salt, derivative, mixture, or preparation of coca leaves, except | |
6 | derivatives of coca leaves, that do not contain cocaine, ecgonine, or substance from which cocaine | |
7 | or ecgonine may be synthesized or made. | |
8 | (iv) Any other drug or substance that contains any quantity of a substance that the attorney | |
9 | general of the United States, or the director of health, after investigation, has found to have, or by | |
10 | regulation designates as having, a potential for abuse because of its depressant or stimulant effect | |
11 | on the central nervous system. | |
12 | (14) "Director" means the director of health. | |
13 | (15) "Dispense" means to deliver, distribute, leave with, give away, or dispose of a | |
14 | controlled substance to the ultimate user or human research subject by or pursuant to the lawful | |
15 | order of a practitioner, including the packaging, labeling, or compounding necessary to prepare the | |
16 | substance for that delivery. | |
17 | (16) "Dispenser" is a practitioner who delivers a controlled substance to the ultimate user | |
18 | or human research subject. | |
19 | (17) "Distribute" means to deliver (other than by administering or dispensing) a controlled | |
20 | substance or an imitation controlled substance and includes actual constructive, or attempted | |
21 | transfer. "Distributor" means a person who so delivers a controlled substance or an imitation | |
22 | controlled substance. | |
23 | (18) "Downtime" means that period of time when a computer is not operable. | |
24 | (19) "Drug addicted person" means a person who exhibits a maladaptive pattern of | |
25 | behavior resulting from drug use, including one or more of the following: impaired control over | |
26 | drug use; compulsive use; and/or continued use despite harm, and craving. | |
27 | (20) "Drug Enforcement Administration" means the Drug Enforcement Administration | |
28 | United States Department of Justice or its successor. | |
29 | (21) "Federal law" means the Comprehensive Drug Abuse Prevention and Control Act of | |
30 | 1970, (84 stat. 1236) (see generally 21 U.S.C. § 801 et seq.), and all regulations pertaining to that | |
31 | federal act. | |
32 | (22) "Hardware" means the fixed component parts of a computer. | |
33 | (23) "Hospital" means an institution as defined in chapter 17 of title 23. | |
34 | (24) "Imitation controlled substance" means a substance that is not a controlled substance, | |
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| |
1 | that by dosage unit, appearance (including color, shape, size, and markings), or by representations | |
2 | made, would lead a reasonable person to believe that the substance is a controlled substance and, | |
3 | which imitation controlled substances contain substances that if ingested, could be injurious to the | |
4 | health of a person. In those cases when the appearance of the dosage unit is not reasonably sufficient | |
5 | to establish that the substance is an "imitation controlled substance" (for example in the case of | |
6 | powder or liquid), the court or authority concerned should consider, in addition to all other logically | |
7 | relevant factors, the following factors as related to "representations made" in determining whether | |
8 | the substance is an "imitation controlled substance": | |
9 | (i) Statement made by an owner, possessor, transferor, recipient, or by anyone else in | |
10 | control of the substance concerning the nature of the substance, or its use or effect. | |
11 | (ii) Statements made by the owner, possessor, or transferor, to the recipient that the | |
12 | substance may be resold for substantial profit. | |
13 | (iii) Whether the substance is packaged in a manner reasonably similar to packaging of | |
14 | illicit controlled substances. | |
15 | (iv) Whether the distribution or attempted distribution included an exchange of or demand | |
16 | for money or other property as consideration, and whether the amount of the consideration was | |
17 | substantially greater than the reasonable value of the non-controlled substance. | |
18 | (25) "Immediate precursor" means a substance: | |
19 | (i) That the director of health has found to be and by regulation designated as being the | |
20 | principal compound used, or produced primarily for use, in the manufacture of a controlled | |
21 | substance; | |
22 | (ii) That is an immediate chemical intermediary used or likely to be used in the manufacture | |
23 | of those controlled substances; and | |
24 | (iii) The control of which is necessary to prevent, curtail, or limit the manufacture of that | |
25 | controlled substance. | |
26 | (26) "Laboratory" means a laboratory approved by the department of health as proper to be | |
27 | entrusted with controlled substances and the use of controlled substances for scientific and medical | |
28 | purposes and for the purposes of instruction. | |
29 | (27) "Manufacture" means the production, preparation, propagation, cultivation, | |
30 | compounding, or processing of a drug or other substance, including an imitation controlled | |
31 | substance, either directly or indirectly or by extraction from substances of natural origin, or | |
32 | independently by means of chemical synthesis or by a combination of extraction and chemical | |
33 | synthesis and includes any packaging or repackaging of the substance or labeling or relabeling of | |
34 | its container in conformity with the general laws of this state except by a practitioner as an incident | |
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| |
1 | to his or her administration or dispensing of the drug or substance in the course of his or her | |
2 | professional practice. | |
3 | (28) "Manufacturer" means a person who manufactures but does not include an apothecary | |
4 | who compounds controlled substances to be sold or dispensed on prescriptions. | |
5 | (29) "Marijuana" means all parts of the plant cannabis sativa L., whether growing or not; | |
6 | the seeds of the plant; the resin extracted from any part of the plant; and every compound, | |
7 | manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin, but shall not | |
8 | include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the | |
9 | seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of | |
10 | mature stalks, (except the resin extracted from it), fiber, oil or cake, or the sterilized seed from the | |
11 | plant which is incapable of germination. Marijuana shall not include “industrial hemp” or” | |
12 | industrial hemp products” which satisfy the requirements of chapter 2-26 of the general laws and | |
13 | the regulations promulgated thereunder. | |
14 | (30) "Narcotic drug" means any of the following, whether produced directly or indirectly | |
15 | by extraction from substances of vegetable origin, or independently by means of chemical synthesis | |
16 | or by a combination of extraction and chemical synthesis: | |
17 | (i) Opium and opiates. | |
18 | (ii) A compound, manufacture, salt, derivative, or preparation of opium or opiates. | |
19 | (iii) A substance (and any compound, manufacture, salt, derivative, or preparation of it) | |
20 | that is chemically identical with any of the substances referred to in paragraphs (i) and (ii) of this | |
21 | subdivision. | |
22 | (iv) Any other substance that the attorney general of the United States, or his or her | |
23 | successor, or the director of health, after investigation, has found to have, and by regulation | |
24 | designates as having, a potential for abuse similar to opium and opiates. | |
25 | (31) "Official written order" means an order written on a form provided for that purpose | |
26 | by the Drug Enforcement Administration under any laws of the United States making provision for | |
27 | an official form, if order forms are authorized and required by federal law, and if no order form is | |
28 | provided then on an official form provided for that purpose by the director of health. | |
29 | (32) "Opiate" means any substance having an addiction-forming or addiction-sustaining | |
30 | liability similar to morphine or being capable of conversion into a drug having addiction-forming | |
31 | or addiction-sustaining liability. | |
32 | (33) "Opioid analgesics" means and includes, but is not limited to, the medicines | |
33 | buprenophine, butorphanol, codeine, hydrocodone, hydromorphone, levorphanol, meperidine, | |
34 | methadone, morphine, nalbuphine, oxycodone, oxymorphone, pentazocine, propoxyphene as well | |
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| |
1 | as their brand names, isomers, and combinations, or other medications approved by the department. | |
2 | (34) "Opioid antagonist" means naloxone hydrochloride and any other drug approved by | |
3 | the United States Food and Drug Administration for the treatment of opioid overdose. | |
4 | (35) "Opium poppy" means the plant of the species papaver somniferum L., except the | |
5 | seeds of the plant. | |
6 | (36) "Ounce" means an avoirdupois ounce as applied to solids and semi-solids, and a fluid | |
7 | ounce as applied to liquids. | |
8 | (37) "Person" means any corporation, association, partnership, or one or more individuals. | |
9 | (38) "Physical dependence" means a state of adaptation that is manifested by a drug class | |
10 | specific withdrawal syndrome that can be produced by abrupt cessation, rapid dose reduction, | |
11 | decreasing blood level of the drug, and/or administration of an antagonist. | |
12 | (39) "Poppy straw" means all parts, except the seeds, of the opium poppy, after mowing. | |
13 | (40) "Practitioner" means: | |
14 | (i)(ii) A physician, osteopath, dentist, chiropodist, veterinarian, scientific investigator, or | |
15 | other person licensed, registered or permitted to distribute, dispense, conduct research with respect | |
16 | to or to administer a controlled substance in the course of professional practice or research in this | |
17 | state. | |
18 | (41) "Printout" means a hard copy produced by computer that is readable without the aid | |
19 | of any special device. | |
20 | (42) "Production" includes the manufacture, planting, cultivation, growing, or harvesting | |
21 | of a controlled substance. | |
22 | (43) "Researcher" means a person authorized by the director of health to conduct a | |
23 | laboratory as defined in this chapter. | |
24 | (44) "Sell" includes sale, barter, gift, transfer, or delivery in any manner to another, or to | |
25 | offer or agree to do the same. | |
26 | (45) "Software" means programs, procedures and storage of required information data. | |
27 | (46) "Synthetic drugs" means any synthetic cannabinoids or piperazines or any synthetic | |
28 | cathinones as provided for in schedule I. | |
29 | (47) "Ultimate user" means a person who lawfully possesses a controlled substance for his | |
30 | or her own use or for the use of a member of his or her household, or for administering to an animal | |
31 | owned by him or her or by a member of his or her household. | |
32 | (48) "Wholesaler" means a person who sells, vends, or distributes at wholesale, or as a | |
33 | jobber, broker agent, or distributor, or for resale in any manner in this state any controlled | |
34 | substance. | |
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1 | SECTION 4. Section 21-28.5-2 of the General Laws in Chapter 21-28.5 entitled "Sale of | |
2 | Drug Paraphernalia" is hereby amended to read as follows: | |
3 | 21-28.5-2. Manufacture or delivery of drug paraphernalia -- Penalty. | |
4 | It is unlawful for any person to deliver, sell, possess with intent to deliver, or sell, or | |
5 | manufacture with intent to deliver, or sell drug paraphernalia, knowing that it will be used to plant, | |
6 | propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, | |
7 | test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or introduce into the human | |
8 | body a controlled substance in violation of chapter 28 of this title. A violation of this section shall | |
9 | be punishable by a fine not exceeding five thousand dollars ($5,000) or imprisonment not exceeding | |
10 | two (2) years, or both. | |
11 | Notwithstanding any other provision of the general laws, the sale, manufacture, or delivery | |
12 | of drug paraphernalia to a person acting in accordance with chapters 21-28.6, 21-28.10, or 21-28.11 | |
13 | of the general laws shall not be considered a violation of this chapter. | |
14 | 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, | |
15 | 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 | |
16 | General Laws in Chapter 21-28.6 entitled "The Edward O. Hawkins and Thomas C. Slater Medical | |
17 | Marijuana Act" are hereby amended to read as follows: | |
18 | 21-28.6-3. Definitions. | |
19 | For the purposes of this chapter: | |
20 | (1) "Authorized purchaser" means a natural person who is at least twenty-one (21) years | |
21 | old and who is registered with the department of health for the purposes of assisting a qualifying | |
22 | patient in purchasing marijuana from a compassion center. An authorized purchaser may assist no | |
23 | more than one patient, and is prohibited from consuming marijuana obtained for the use of the | |
24 | qualifying patient. An authorized purchaser shall be registered with the department of health and | |
25 | shall possesses a valid registry identification card. | |
26 | (2) “Cannabis” means all parts of the plant of the genus marijuana, also known as | |
27 | marijuana sativa L, whether growing or not; the seeds thereof; the resin extracted from any | |
28 | part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation | |
29 | of the plant, its seeds, or resin regardless of cannabinoid content or cannabinoid potency including | |
30 | “marijuana”, and “industrial hemp” or “industrial hemp products” which satisfy the requirements | |
31 | of chapter 2-26 of the general laws and the regulations promulgated thereunder. | |
32 | (15)(3) "Medical marijuana Cannabis testing laboratory" means a third-party analytical | |
33 | testing laboratory licensed by the department of health, in coordination with the department of | |
34 | business regulation, to collect and test samples of medical marijuana pursuant to regulations | |
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1 | promulgated by the departments. | |
2 | (2)(4) "Cardholder" means a person who has been registered or licensed with the | |
3 | department of health or the department of business regulation pursuant to this chapter and possesses | |
4 | a valid registry identification card or license. | |
5 | (3)(5) "Commercial unit" means a building, office, suite, or room other space within a | |
6 | commercial or industrial building as authorized by the department of business regulation, for use | |
7 | by one business or person and is rented or owned by that business or person. | |
8 | (4)(i) "Compassion center" means a not-for-profit corporation, subject to the provisions of | |
9 | chapter 6 of title 7, and registered under § 21-28.6-12, that acquires, possesses, cultivates, | |
10 | manufactures, delivers, transfers, transports, supplies, or dispenses marijuana, and/or related | |
11 | supplies and educational materials, to patient cardholders and/or their registered caregiver | |
12 | cardholder or authorized purchaser in accordance with regulations promulgated by the department | |
13 | of business regulation. | |
14 | (ii) "Compassion center cardholder" means a principal officer, board member, employee, | |
15 | volunteer, or agent of a compassion center who has registered with the department of health or the | |
16 | department of business regulation and has been issued and possesses a valid, registry identification | |
17 | card. | |
18 | (5)(7) "Debilitating medical condition" means: | |
19 | (i) Cancer, glaucoma, positive status for human immunodeficiency virus, acquired immune | |
20 | deficiency syndrome, Hepatitis C, post-traumatic stress disorder, or the treatment of these | |
21 | conditions; | |
22 | (ii) A chronic or debilitating disease or medical condition, or its treatment, that produces | |
23 | one or more of the following: cachexia or wasting syndrome; severe, debilitating, chronic pain; | |
24 | severe nausea; seizures, including but not limited to, those characteristic of epilepsy; or severe and | |
25 | persistent muscle spasms, including but not limited to, those characteristic of multiple sclerosis or | |
26 | Crohn's disease; or agitation of Alzheimer's Disease; or | |
27 | (iii) Any other medical condition or its treatment approved by the department of health, as | |
28 | provided for in § 21-28.6-5. | |
29 | (6)(8) "Department of business regulation" means the Rhode Island department of business | |
30 | regulation or its successor agency. | |
31 | (7)(9) "Department of health" means the Rhode Island department of health or its successor | |
32 | agency. | |
33 | (8)(10) "Department of public safety" means the Rhode Island department of public safety | |
34 | or its successor agency. | |
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1 | (9)(11) "Dried, useable marijuana" means the dried leaves and flowers of the marijuana | |
2 | plant as defined by regulations promulgated by the departments of health business regulation. | |
3 | (10)(12) "Dwelling unit" means the room, or group of rooms, within a residential dwelling | |
4 | used or intended for use by one family or household, or by no more than three (3) unrelated | |
5 | individuals, with facilities for living, sleeping, sanitation, cooking, and eating. | |
6 | (11)(13) "Equivalent amount" means the portion of usable marijuana, be it in extracted, | |
7 | edible, concentrated, or any other form, found to be equal to a portion of dried, usable marijuana, | |
8 | as defined by regulations promulgated by the departments of health and business regulation. | |
9 | (14) “Immature marijuana plant” means a marijuana plant, rooted or unrooted, with no | |
10 | observable flowers or buds. | |
11 | (12)(15) "Licensed medical marijuana cultivator" means a person or entity, as identified in | |
12 | § 43-3-6, who has been licensed by the department of business regulation to cultivate medical | |
13 | marijuana pursuant to § 21-28.6-16. | |
14 | (16) “Licensed medical marijuana processor” means a person or entity, as identified in § | |
15 | 43-3-6, who has been licensed by the department of business regulation to manufacture medical | |
16 | marijuana products and/or process medical marijuana products pursuant to § 21-28.6-16.1. | |
17 | (13)(17) "Marijuana" has the meaning given that term in § 21-28-1.02(30). | |
18 | (18) “Marijuana establishment licensee” means any person or entity licensed by the | |
19 | department of business regulation under chapters 21-28.6 or 21-28.11 whose license permits it to | |
20 | engage in or conduct activities in connection with the medical marijuana program or adult use | |
21 | marijuana industry. “Marijuana establishment licensees” shall include but not be limited to, | |
22 | compassion centers, medical marijuana cultivators, medical marijuana processors, marijuana | |
23 | retailers, marijuana cultivators, marijuana processors, cannabis testing laboratories, and the holder | |
24 | of any other license issued by the department of business regulation under chapters 21-28.6 or 21- | |
25 | 28.11 of the Rhode Island General Laws and/or as specified and defined in regulations promulgated | |
26 | by the department of business regulation. | |
27 | (14)(19) "Mature marijuana plant" means a marijuana plant that has flowers or buds that | |
28 | are readily observable by an unaided visual examination. | |
29 | (20) “Medical marijuana emporium” means any establishment, facility or club, whether | |
30 | operated for-profit or nonprofit, or any commercial unit or other premises as further defined through | |
31 | regulations promulgated by the department of business regulation, at which the sale, distribution, | |
32 | transfer or use of medical marijuana or medical marijuana products is proposed and/or occurs to, | |
33 | by or among registered patients, registered caregivers, authorized purchaser cardholders or other | |
34 | persons as further defined through regulations promulgated by the department of business | |
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| |
1 | regulation. This shall not include a compassion center regulated and licensed by the department of | |
2 | business regulation pursuant to the terms of this chapter. | |
3 | (21) “Medical marijuana plant tag set” or “plant tag” means any tag, identifier, registration, | |
4 | certificate, or inventory tracking system authorized or issued by the department or which the | |
5 | department requires be used for the lawful possession and cultivation of medical marijuana plants | |
6 | in accordance with this chapter. | |
7 | (16)(22) "Medical use" means the acquisition, possession, cultivation, manufacture, use, | |
8 | delivery, transfer, or transportation of marijuana or paraphernalia relating to the consumption of | |
9 | marijuana to alleviate a patient cardholder's debilitating medical condition or symptoms associated | |
10 | with the medical condition in accordance with the provisions of this chapter. | |
11 | (17)(23) "Practitioner" means a person who is licensed with authority to prescribe drugs | |
12 | pursuant to chapters 34, 37, and 54 of title 5, or a physician licensed with authority to prescribe | |
13 | drugs in Massachusetts or Connecticut, who may provide a qualifying patient with a written | |
14 | certification in accordance with regulations promulgated by the department of health or a physician | |
15 | licensed with authority to prescribe drugs in Massachusetts or Connecticut. | |
16 | (18)(24) "Primary caregiver" means a natural person who is at least twenty-one (21) years | |
17 | old who is registered under this chapter in order to, and who. A primary caregiver may, assist one | |
18 | (1) qualifying patient, or upon a demonstration of need in accordance with regulations promulgated | |
19 | by the department of business regulation, up to but no more than five (5) qualifying patients with | |
20 | their medical use of marijuana in accordance with regulations promulgated by the department of | |
21 | business regulation, provided that a qualified patient may also serve as their own primary caregiver | |
22 | subject to the registration and requirements set forth in § 21-28.6-4 and any regulations | |
23 | promulgated thereunder. | |
24 | (19)(25) "Qualifying patient" means a person who has been diagnosed certified by a | |
25 | practitioner as having a debilitating medical condition and is a resident of Rhode Island. | |
26 | (20)(26) "Registry identification card" means a document issued by the department of | |
27 | health or the department of business regulation, as applicable, that identifies a person as a registered | |
28 | qualifying patient, a registered primary caregiver, or authorized purchaser, or a document issued | |
29 | by the department of business regulation that identifies a person as a registered principal officer, | |
30 | board member, employee, volunteer, or agent of a compassion center, licensed medical marijuana | |
31 | cultivator, medical marijuana processor, cannabis testing lab, or any other medical marijuana | |
32 | licensee or marijuana establishment. | |
33 | (21) "Seedling" means a marijuana plant with no observable flowers or buds. | |
34 | (22)(27) "Unusable marijuana" means marijuana seeds, stalks, seedlings and unusable | |
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| |
1 | roots and shall not count towards any weight based possession limits established in the act. | |
2 | (23)(28) "Usable marijuana" means the dried leaves and flowers of the marijuana plant, | |
3 | and any mixture or preparation thereof, but does not include the seeds, stalks, and roots of the plant. | |
4 | (24)(29) "Wet marijuana" means the harvested leaves and flowers of the marijuana plant | |
5 | before they have reached a dry useable state, as defined by regulations promulgated by the | |
6 | departments of health and business regulation. | |
7 | (25)(30) "Written certification" means the qualifying patient's medical records, and a | |
8 | statement signed by a practitioner, stating that, in the practitioner's professional opinion, the | |
9 | potential benefits of the medical use of marijuana would likely outweigh the health risks for the | |
10 | qualifying patient. A written certification shall be made only in the course of a bona fide, | |
11 | practitioner-patient relationship after the practitioner has completed a full assessment of the | |
12 | qualifying patient's medical history. The written certification shall specify the qualifying patient's | |
13 | debilitating medical condition or conditions and include any other information required by | |
14 | regulations promulgated by the department of health which may include the qualifying patient’s | |
15 | medical records. | |
16 | 21-28.6-4. Protections for the medical use of marijuana. | |
17 | (a) A qualifying patient cardholder who has in his or her possession a registry identification | |
18 | card shall not be subject to arrest, prosecution, or penalty in any manner, or denied any right or | |
19 | privilege, including, but not limited to, civil penalty or disciplinary action by a business or | |
20 | occupational or professional licensing board or bureau, solely for the medical use of marijuana; | |
21 | provided; | |
22 | (1) Before July 1, 2019, tThe qualifying patient cardholder possesses an amount of | |
23 | marijuana that does not exceed twelve (12) mature marijuana plants and twelve (12) immature | |
24 | marijuana plants that are accompanied by valid medical marijuana tags (provided that if a | |
25 | qualifying patient cardholder has valid medical marijuana tags that were ordered and issued prior | |
26 | to July 1, 2019, and such tags have an expiration date that is on or after July 1, 2019, the plant | |
27 | possession limits set forth in this subsection shall apply to such qualifying patient until the | |
28 | expiration date of the issued tags), two and one-half (2.5) three (3) ounces of dried usable | |
29 | marijuana, or its equivalent amount, and an amount of wet marijuana to be set by regulations | |
30 | promulgated by the departments of health and business regulation. Said plants shall be stored in an | |
31 | indoor facility. | |
32 | Marijuana plants and the marijuana they produce shall only be grown, stored, | |
33 | manufactured, and processed in accordance with regulations promulgated by the department of | |
34 | business regulation; and | |
|
| |
1 | (2) On and after July 1, 2019, the qualifying patient cardholder possesses an amount of | |
2 | marijuana that does not exceed six (6) mature marijuana plants and six (6) immature marijuana | |
3 | plants that are accompanied by valid medical marijuana tags (provided that if a qualifying patient | |
4 | cardholder has valid medical marijuana tags that were ordered and issued prior to July 1, 2019, and | |
5 | such tags have an expiration date that is on or after July 1, 2019, the plant possession limits set | |
6 | forth in subsection (1) above shall apply to such qualifying patient until the expiration date of the | |
7 | issued tags), three (3) ounces of dried marijuana, or its equivalent amount, and an amount of wet | |
8 | marijuana to be set by regulations promulgated by the department of business regulation. Said | |
9 | plants shall be stored in an indoor facility. Marijuana plants and the marijuana they produce shall | |
10 | be grown, stored, manufactured, and processed in accordance with regulations promulgated by the | |
11 | department of business regulation and; | |
12 | (3) On and after July 1, 2019, in order to lawfully possess and grow marijuana plants, a | |
13 | qualifying patient cardholder, prior to applying for, or renewing medical marijuana plant grow tags, | |
14 | must first apply for and be issued a caregiver registration card by the department of business | |
15 | regulation. The department of business regulation may issue a caregiver registration card and plant | |
16 | tags to any qualified patient cardholder who qualifies to serve as their own caregiver through a | |
17 | demonstration of need in accordance with regulations promulgated by the department of business | |
18 | regulation. | |
19 | (b) An authorized purchaser who has in his or her possession a registry identification card | |
20 | shall not be subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege, | |
21 | including, but not limited to, civil penalty or disciplinary action by a business or occupational or | |
22 | professional licensing board or bureau, for the possession of marijuana; provided that the | |
23 | authorized purchaser possesses an amount of marijuana that does not exceed two and one-half (2.5) | |
24 | three (3) ounces of dried usable marijuana, or its equivalent amount, and this marijuana was | |
25 | purchased legally from a compassion center for the use of their designated qualifying patient. | |
26 | (c) A qualifying patient cardholder, who has in his or her possession a registry | |
27 | identification card, shall not be subject to arrest, prosecution, or penalty in any manner, or denied | |
28 | any right or privilege, including, but not limited to, civil penalty or disciplinary action by a business | |
29 | or occupational or professional licensing board or bureau, for selling, giving, or distributing, on or | |
30 | before December 31, 2016, to a compassion center cardholder, marijuana of the type, and in an | |
31 | amount not to exceed, that set forth in subsection (a), that he or she has cultivated or manufactured | |
32 | pursuant to this chapter. | |
33 | (d) No school, employer, or landlord may refuse to enroll, employ, or lease to, or otherwise | |
34 | penalize, a person solely for his or her status as a cardholder. Provided, however, due to the safety | |
|
| |
1 | and welfare concern for other tenants, the property, and the public, as a whole, a landlord may have | |
2 | the discretion not to lease, or continue to lease, to a cardholder who cultivates, manufactures, | |
3 | processes, smokes, or vaporizes marijuana in the leased premises. | |
4 | (e) A primary caregiver cardholder, who has in his or her possession a registry | |
5 | identification card, shall not be subject to arrest, prosecution, or penalty in any manner, or denied | |
6 | any right or privilege, including, but not limited to, civil penalty or disciplinary action by a business | |
7 | or occupational or professional licensing board or bureau, for assisting a patient cardholder, to | |
8 | whom he or she is connected through the department of health or department of business | |
9 | regulation’s registration process, with the medical use of marijuana; provided, that; | |
10 | (1)Before July 1, 2019, the primary caregiver cardholder possesses an amount of marijuana | |
11 | that does not exceed twelve (12) mature marijuana plants and twelve (12) immature marijuana | |
12 | plants that are accompanied by valid medical marijuana tags (provided that if a primary caregiver | |
13 | cardholder has valid medical marijuana tags that were ordered and processed prior to July 1, 2019, | |
14 | and such tags have an expiration date that is on or after July 1, 2019, the plant possession limits set | |
15 | forth in this subsection shall apply to such primary caregiver until the expiration date of the issued | |
16 | tags), two and one-half (2.5) three (3) ounces of dried usable marijuana, or its equivalent amount, | |
17 | and an amount of wet marijuana set in regulations promulgated by the departments of health and | |
18 | business regulation for each qualified patient cardholder to whom he or she is connected through | |
19 | the department of health business regulation’s registration process. Said plants shall be stored in an | |
20 | indoor facility. Marijuana plants and the marijuana they produce shall be grown, stored, | |
21 | manufactured, processed, and distributed to qualified patient cardholders to whom the primary | |
22 | caregiver is connected and in accordance with regulations promulgated by the department of | |
23 | business regulation; and | |
24 | (2) On and after July 1, 2019, the primary caregiver cardholder possesses an amount of | |
25 | marijuana that does not exceed six (6) mature marijuana plants and six (6) immature marijuana | |
26 | plants that are accompanied by valid medical marijuana tags (provided that if a primary caregiver | |
27 | cardholder has valid medical marijuana tags that were ordered and processed prior to July 1, 2019, | |
28 | and such tags have an expiration date that is on or after July 1, 2019, the plant possession limits set | |
29 | forth in subsection (1) above shall apply to such primary caregiver until the expiration date of the | |
30 | issued tags), three (3) ounces of dried marijuana, or its equivalent amount, and an amount of wet | |
31 | marijuana set in regulations promulgated by the department of business regulation for each | |
32 | qualified patient cardholder to whom he or she is connected through the department of business | |
33 | regulation’s registration process. Said plants shall be stored in an indoor facility. Marijuana plants | |
34 | and the marijuana they produce shall be grown, stored, manufactured, processed, and distributed to | |
|
| |
1 | qualified patient cardholders to whom the primary caregiver is connected and in accordance with | |
2 | regulations promulgated by the department of business regulation. | |
3 | (f) A qualifying patient cardholder shall be allowed to possess a reasonable amount of | |
4 | unusable marijuana, including up to twelve (12) seedlings that are accompanied by valid medical | |
5 | marijuana tags. A primary caregiver cardholder shall be allowed to possess a reasonable amount of | |
6 | unusable marijuana, including up to twenty-four (24) seedlings that are accompanied by valid | |
7 | medical marijuana tags and an amount of wet marijuana set in regulations promulgated by the | |
8 | departments of health and business regulation. | |
9 | (g)(f) There shall exist a presumption that a cardholder is engaged in the medical use of | |
10 | marijuana if the cardholder: | |
11 | (1) Is in possession of a registry identification card; and | |
12 | (2) Is in possession of an amount of marijuana that does not exceed the amount permitted | |
13 | under this chapter. Such presumption may be rebutted by evidence that conduct related to marijuana | |
14 | was not for the purpose of alleviating the qualifying patient's debilitating medical condition or | |
15 | symptoms associated with the medical condition. | |
16 | (h)(g) A primary caregiver cardholder may receive reimbursement for costs associated with | |
17 | assisting a qualifying patient cardholder's medical use of marijuana A primary caregiver cardholder | |
18 | may only receive reimbursement for the actual costs of goods, materials, services or utilities for | |
19 | which they have incurred expenses. A primary caregiver may not receive reimbursement or | |
20 | compensation for their time, knowledge, or expertise. Compensation shall not constitute sale of | |
21 | controlled substances under state law. The department of business regulation may promulgate | |
22 | regulations for the documentation and tracking of reimbursements and the transfer of marijuana | |
23 | between primary caregivers and their registered patients. | |
24 | (i)(h) A primary caregiver cardholder, who has in his or her possession a registry | |
25 | identification card, shall not be subject to arrest, prosecution, or penalty in any manner, or denied | |
26 | any right or privilege, including, but not limited to, civil penalty or disciplinary action by a business | |
27 | or occupational or professional licensing board or bureau, for selling, giving, or distributing, on or | |
28 | before December 31, 2016, to a compassion center cardholder, marijuana, of the type, and in an | |
29 | amount not to exceed that set forth in subsection (e), if: | |
30 | (1) The primary caregiver cardholder cultivated the marijuana pursuant to this chapter, not | |
31 | to exceed the limits of subsection (e); and | |
32 | (2) Each qualifying patient cardholder the primary caregiver cardholder is connected with | |
33 | through the department of health's registration process has been provided an adequate amount of | |
34 | the marijuana to meet his or her medical needs, not to exceed the limits of subsection (a). | |
|
| |
1 | (j)(i) A practitioner shall not be subject to arrest, prosecution, or penalty in any manner, or | |
2 | denied any right or privilege, including, but not limited to, civil penalty or disciplinary action by | |
3 | the Rhode Island board of medical licensure and discipline, or by any other business an or | |
4 | occupational or professional licensing board or bureau solely for providing written certifications in | |
5 | accordance with this chapter and regulations promulgated by the department of health, or for | |
6 | otherwise stating that, in the practitioner's professional opinion, the potential benefits of the medical | |
7 | marijuana would likely outweigh the health risks for a patient. | |
8 | (k)(j) Any interest in, or right to, property that is possessed, owned, or used in connection | |
9 | with the medical use of marijuana, or acts incidental to such use, shall not be forfeited. | |
10 | (l)(k) No person shall be subject to arrest or prosecution for constructive possession, | |
11 | conspiracy, aiding and abetting, being an accessory, or any other offense, for simply being in the | |
12 | presence or vicinity of the medical use of marijuana as permitted under this chapter, or for assisting | |
13 | a qualifying patient cardholder with using or administering marijuana. | |
14 | (m)(l) A practitioner, licensed with authority to prescribe drugs pursuant to chapters 34, | |
15 | 37, and 54 of title 5, or pharmacist, licensed under chapter 19.1 of title 5, or certified school nurse | |
16 | teacher, shall not be subject to arrest, prosecution, or penalty in any manner, or denied any right or | |
17 | privilege, including, but not limited to, civil penalty or disciplinary action by an employer business | |
18 | or occupational or professional licensing board or bureau solely for: | |
19 | (i) discussing the benefits or health risks of medical marijuana or its interaction with other | |
20 | substances with a patient. or; | |
21 | (ii) administering a non-smokable and non-vaporized form of medical marijuana in a | |
22 | school setting to a qualified patient registered in accordance with chapter 21-28.6 of the general | |
23 | laws. | |
24 | (n)(m) A qualifying patient or primary caregiver registry identification card, or its | |
25 | equivalent, issued under the laws of another state, U.S. territory, or the District of Columbia, to | |
26 | permit the medical use of marijuana by a patient with a debilitating medical condition, or to permit | |
27 | a person to assist with the medical use of marijuana by a patient with a debilitating medical | |
28 | condition, shall have the same force and effect as a registry identification card. | |
29 | (o)(n) Notwithstanding the provisions of subsection (e), no primary caregiver cardholder | |
30 | shall; | |
31 | (1) Before July 1, 2019, pPossess an amount of marijuana in excess of twenty-four (24) | |
32 | mature marijuana plants and twenty-four (24) immature marijuana plants that are accompanied by | |
33 | valid medical marijuana tags (provided that if a primary caregiver cardholder has valid medical | |
34 | marijuana tags that were ordered and processed prior to July 1, 2019, and such tags have an | |
|
| |
1 | expiration date that is on or after July 1, 2019, the plant possession limits set forth in this subsection | |
2 | (1) shall apply to such primary caregiver until the expiration date of the issued tags) and five (5) | |
3 | six (6) ounces of dried usable marijuana, or its equivalent, and an amount of wet marijuana set in | |
4 | regulations promulgated by the departments of health and business regulation for patient | |
5 | cardholders to whom he or she is connected through the department of health department of | |
6 | business regulation’s registration process. | |
7 | (2) On or after July 1, 2019, possess an amount of marijuana in excess of twelve (12) | |
8 | mature marijuana plants and twelve (12) immature marijuana plants that are accompanied by valid | |
9 | medical marijuana tags (provided that if a primary caregiver cardholder has valid medical | |
10 | marijuana tags that were ordered and processed prior to July 1, 2019, and such tags have an | |
11 | expiration date that is on or after July 1, 2019, the plant possession limits set forth in subsection (1) | |
12 | above shall apply to such primary caregiver until the expiration date of the issued tags) and six (6) | |
13 | ounces of dried marijuana, or its equivalent, and an amount of wet marijuana set in regulations | |
14 | promulgated by the department of business regulation for patient cardholders to whom he or she is | |
15 | connected through the department of business regulation’s registration process. | |
16 | (p) A qualifying patient or primary caregiver cardholder may give marijuana to another | |
17 | qualifying patient or primary caregiver cardholder to whom they are not connected by the | |
18 | department's registration process, provided that no consideration is paid for the marijuana, and that | |
19 | the recipient does not exceed the limits specified in this section. | |
20 | (o) Except as expressly authorized under this chapter, a qualifying patient or primary | |
21 | caregiver shall not deliver or otherwise transfer marijuana to any other person or entity. | |
22 | (q)(p) Qualifying patient cardholders and primary caregiver cardholders electing to grow | |
23 | marijuana shall only grow at one premises, and this premises shall be registered with the department | |
24 | of health business regulation. Except for licensed compassion centers, licensed cooperative | |
25 | cultivations, licensed medical marijuana processors and licensed medical marijuana cultivators, no | |
26 | more than twenty-four (24) twelve (12) mature marijuana plants and twelve (12) immature | |
27 | marijuana plants that are accompanied by valid medical marijuana tags shall be grown or otherwise | |
28 | located at any one dwelling unit or commercial unit (provided that if a qualifying patient cardholder | |
29 | or a primary caregiver cardholder has valid medical marijuana tags for the plants grown at such | |
30 | registered premises that were ordered and processed prior to July 1, 2019, and such tags have an | |
31 | expiration date that is on or after July 1, 2019, the plant possession limit of twenty-four (24) mature | |
32 | marijuana plants and twenty-four (24) immature marijuana plants shall apply to such qualifying | |
33 | patient or primary caregiver until the expiration date of the issued tags). The number of qualifying | |
34 | patients or primary caregivers residing, owning, renting, growing, or otherwise operating at a | |
|
| |
1 | dwelling or commercial unit does not affect this limit. The department of health business regulation | |
2 | shall promulgate regulations to enforce this provision. | |
3 | (r)(q) For the purposes of medical care, including organ transplants, a patient cardholder's | |
4 | authorized use of marijuana shall be considered the equivalent of the authorized use of any other | |
5 | medication used at the direction of a physician, and shall not constitute the use of an illicit | |
6 | substance. | |
7 | (s)(r) Notwithstanding any other provisions of the general laws, the manufacture of | |
8 | marijuana using a solvent extraction process that includes the use of a compressed, flammable gas | |
9 | as a solvent by a patient cardholder or primary caregiver cardholder shall not be subject to the | |
10 | protections of this chapter. | |
11 | (t)(s) Notwithstanding any provisions to the contrary, nothing in this chapter or the general | |
12 | laws shall restrict or otherwise affect the manufacturing, distribution, transportation, sale, | |
13 | prescribing and dispensing of a product that has been approved for marketing as a prescription | |
14 | medication by the U.S. Food and Drug Administration and legally prescribed, nor shall hemp, as | |
15 | defined in in accordance with chapter 26 of title 2 § 2-26-3, be defined as marijuana or marihuana | |
16 | pursuant to this chapter, chapter 28 of this title or elsewhere in the general laws. | |
17 | 21-28.6-5. Departments of health and business regulation to issue regulations. | |
18 | (a) Not later than ninety (90) days after the effective date of this chapter, the department of | |
19 | health shall promulgate regulations governing the manner in which it shall consider petitions from | |
20 | the public to add debilitating medical conditions to those included in this chapter. In considering | |
21 | such petitions, the department of health shall include public notice of, and an opportunity to | |
22 | comment in a public hearing, upon such petitions. The department of health shall, after hearing, | |
23 | approve or deny such petitions within one hundred eighty (180) days of submission. The approval | |
24 | or denial of such a petition shall be considered a final department of health action, subject to judicial | |
25 | review. Jurisdiction and venue for judicial review are vested in the superior court. The denial of a | |
26 | petition shall not disqualify qualifying patients with that condition, if they have a debilitating | |
27 | medical condition as defined in § 21-28.6-3(56). The denial of a petition shall not prevent a person | |
28 | with the denied condition from raising an affirmative defense. | |
29 | (b) Not later than ninety (90) days after the effective date of this chapter, the department | |
30 | of health shall promulgate regulations governing the manner in which it shall consider applications | |
31 | for, and renewals of, registry identification cards for qualifying patients, primary caregivers, and | |
32 | authorized purchasers. The department of health's regulations shall establish application and | |
33 | renewal fees that generate revenues sufficient to offset all expenses of implementing and | |
34 | administering this chapter. The department of health may vary the application and renewal fees | |
|
| |
1 | along a sliding scale that accounts for a qualifying patient's or caregiver's income. The department | |
2 | of health may accept donations from private sources in order to reduce the application and renewal | |
3 | fees. | |
4 | (c) Not later than October 1, 2019, the department of business regulation shall promulgate | |
5 | regulations governing the manner in which it shall consider applications for, and renewals of, | |
6 | registry identification cards for primary caregivers which may include criteria for eligibility or a | |
7 | demonstration of need. The department of business regulation’s regulations shall establish | |
8 | application and renewal fees. The department of business regulation may vary the application and | |
9 | renewal fees along a sliding scale that accounts for a qualifying patient's or caregiver's income. The | |
10 | department of business regulation may accept donations from private sources in order to reduce the | |
11 | application and renewal fees. | |
12 | 21-28.6-6. Administration of departments of health and business regulation | |
13 | regulations. | |
14 | (a) The department of health shall issue registry identification cards to qualifying patients | |
15 | who submit the following, in accordance with the department's regulations. Applications shall | |
16 | include but not be limited to: | |
17 | (1) Written certification as defined in § 21-28.6-3(2530) of this chapter; | |
18 | (2) Application fee, as applicable; | |
19 | (3) Name, address, and date of birth of the qualifying patient; provided, however, that if | |
20 | the patient is homeless, no address is required; | |
21 | (4) Name, address, and telephone number of the qualifying patient's practitioner; | |
22 | (5) Whether the patient elects to apply to the department of business regulation to serve as | |
23 | their own caregiver and grow medical marijuana plants for himself or herself; and | |
24 | (6) Name, address, and date of birth of one primary caregiver of the qualifying patient and | |
25 | any authorized purchasers for the qualifying patient, if any primary caregiver or authorized | |
26 | purchaser is chosen by the patient or allowed in accordance with regulations promulgated by the | |
27 | departments of health or business regulation. | |
28 | (b) The department of health shall not issue a registry identification card to a qualifying | |
29 | patient under the age of eighteen (18) unless: | |
30 | (1) The qualifying patient's practitioner has explained the potential risks and benefits of the | |
31 | medical use of marijuana to the qualifying patient and to a parent, guardian, or person having legal | |
32 | custody of the qualifying patient; and | |
33 | (2) A parent, guardian, or person having legal custody consents in writing to: | |
34 | (i) Allow the qualifying patient's medical use of marijuana; | |
|
| |
1 | (ii) Serve as the qualifying patient's primary caregiver or authorized purchaser; and | |
2 | (iii) Control the acquisition of the marijuana, the dosage, and the frequency of the medical | |
3 | use of marijuana by the qualifying patient. | |
4 | (c) The department of health shall renew registry identification cards to qualifying patients | |
5 | in accordance with regulations promulgated by the department of health and subject to payment of | |
6 | any applicable renewal fee. | |
7 | (d) The department of health shall not issue a registry identification card to a qualifying | |
8 | patient seeking treatment for post-traumatic stress disorder (PTSD) under the age of eighteen (18). | |
9 | (e) The department of health shall verify the information contained in an application or | |
10 | renewal submitted pursuant to this section, and shall approve or deny an application or renewal | |
11 | within thirty-five (35) days of receiving it. The department may deny an application or renewal | |
12 | only if the applicant did not provide the information required pursuant to this section, or if the | |
13 | department determines that the information provided was falsified, or that the renewing applicant | |
14 | has violated this chapter under their previous registration. Rejection of an application or renewal is | |
15 | considered a final department action, subject to judicial review. Jurisdiction and venue for judicial | |
16 | review are vested in the superior court. | |
17 | (f) If the qualifying patient's practitioner notifies the department of health in a written | |
18 | statement that the qualifying patient is eligible for hospice care or chemotherapy, the department | |
19 | of health and department of business regulation, as applicable, shall give priority to these | |
20 | applications when verifying the information in accordance with subsection (e) and issue a registry | |
21 | identification card to these qualifying patients, primary caregivers and authorized purchasers within | |
22 | seventy-two (72) hours of receipt of the completed application. The departments shall not charge a | |
23 | registration fee to the patient, caregivers or authorized purchasers named in the application. The | |
24 | department of health may identify through regulation a list of other conditions qualifying a patient | |
25 | for expedited application processing. | |
26 | (g) Following the promulgation of regulations pursuant to 21-28.6-5 (c), Tthe department | |
27 | of health shall department of business regulation may issue or renew a registry identification card | |
28 | to the qualifying patient cardholder's primary caregiver, if any, who is named in the qualifying | |
29 | patient's approved application provided the qualifying patient is eligible to appoint a primary | |
30 | caregiver, or serve as their own primary caregiver pursuant to regulations promulgated by the | |
31 | department of business regulation and the caregiver applicant has submitted all necessary | |
32 | application or renewal materials and fees pursuant to regulations promulgated by the department | |
33 | of business regulation. The department of business regulation shall verify the information contained | |
34 | in applications and renewal forms submitted pursuant to this chapter prior to issuing any registry | |
|
| |
1 | identification card. The department of business regulation may deny an application or renewal if | |
2 | the applicant or appointing patient did not provide the information required pursuant to this section, | |
3 | or if the department determines that the information provided was falsified, or if the applicant or | |
4 | appointing patient has violated this chapter under their previous registration or has otherwise failed | |
5 | to satisfy the application or renewal requirements. | |
6 | (1) Any qualifying patient who qualifies to grow medical marijuana for themselves and | |
7 | serve as their own caregiver shall not be allowed to appoint a caregiver unless said qualifying | |
8 | patient is able to demonstrate the necessity of appointing a caregiver in accordance with regulations | |
9 | promulgated by the department of business regulation. | |
10 | (2) A primary caregiver shall only be registered with and assist one patient cardholder with | |
11 | their medical use of marijuana except as allowed in subdivision (g)(3) of this section. | |
12 | (3) A primary caregiver may be registered with more than one patient cardholder provided | |
13 | that any additional patient is an immediate family member of the primary caregiver or is able to | |
14 | demonstrate the necessity of appointing the caregiver in accordance with regulations promulgated | |
15 | by the department of business regulation. | |
16 | (1)(4) A primary caregiver applicant or an authorized purchaser applicant shall apply to the | |
17 | bureau of criminal identification of the department of attorney general, department of public safety | |
18 | division of state police, or local police department for a national criminal records check that shall | |
19 | include fingerprints submitted to the Federal Bureau of Investigation. Upon the discovery of any | |
20 | disqualifying information as defined in subdivision (g) (4)(8), and in accordance with the rules | |
21 | promulgated by the director, the bureau of criminal identification of the department of attorney | |
22 | general, department of public safety division of state police, or the local police department shall | |
23 | inform the applicant, in writing, of the nature of the disqualifying information; and, without | |
24 | disclosing the nature of the disqualifying information, shall notify the department of business | |
25 | regulation or department of health, as applicable, in writing, that disqualifying information has been | |
26 | discovered. | |
27 | (2)(5) In those situations in which no disqualifying information has been found, the bureau | |
28 | of criminal identification of the department of attorney general, department of public safety division | |
29 | of state police, or the local police shall inform the applicant and the department of business | |
30 | regulation or department of health, as applicable, in writing, of this fact. | |
31 | (3)(6) The department of health or department of business regulation, as applicable, shall | |
32 | maintain on file evidence that a criminal records check has been initiated on all applicants seeking | |
33 | a primary caregiver registry identification card or an authorized purchaser registry identification | |
34 | card and the results of the checks. The primary caregiver cardholder shall not be required to apply | |
|
| |
1 | for a national criminal records check for each patient he or she is connected to through the | |
2 | department's registration process, provided that he or she has applied for a national criminal records | |
3 | check within the previous two (2) years in accordance with this chapter. The department of health | |
4 | and department of business regulation, as applicable, shall not require a primary caregiver | |
5 | cardholder or an authorized purchaser cardholder to apply for a national criminal records check | |
6 | more than once every two (2) years. | |
7 | (7) Notwithstanding any other provision of this chapter, the department of business | |
8 | regulation or department of health may revoke or refuse to issue any class or type of registry | |
9 | identification card or license if it determines that failing to do so would conflict with any federal | |
10 | law or guidance pertaining to regulatory, enforcement and other systems that states, businesses, or | |
11 | other institutions may implement to mitigate the potential for federal intervention or enforcement. | |
12 | This provision shall not be construed to prohibit the overall implementation and administration of | |
13 | this chapter on account of the federal classification of marijuana as a schedule I substance or any | |
14 | other federal prohibitions or restrictions. | |
15 | (4)(8) Information produced by a national criminal records check pertaining to a conviction | |
16 | for any felony offense under chapter 28 of title 21 ("Rhode Island Controlled Substances Act"), | |
17 | murder, manslaughter, rape, first-degree sexual assault, second-degree sexual assault, first-degree | |
18 | child molestation, second-degree child molestation, kidnapping, first-degree arson, second-degree | |
19 | arson, mayhem, robbery, burglary, breaking and entering, assault with a dangerous weapon, assault | |
20 | or battery involving grave bodily injury, and/or assault with intent to commit any offense | |
21 | punishable as a felony or a similar offense from any other jurisdiction shall result in a letter to the | |
22 | applicant and the department of health or department of business regulation, as applicable, | |
23 | disqualifying the applicant. If disqualifying information has been found, the department of health | |
24 | or department of business regulation, as applicable may use its discretion to issue a primary | |
25 | caregiver registry identification card or an authorized purchaser registry identification card if the | |
26 | applicant's connected patient is an immediate family member and the card is restricted to that | |
27 | patient only. | |
28 | (5)(9) The primary caregiver or authorized purchaser applicant shall be responsible for any | |
29 | expense associated with the national criminal records check. | |
30 | (6)(10) For purposes of this section, "conviction" means, in addition to judgments of | |
31 | conviction entered by a court subsequent to a finding of guilty or a plea of guilty, those instances | |
32 | where the defendant has entered a plea of nolo contendere and has received a sentence of probation | |
33 | and those instances where a defendant has entered into a deferred sentence agreement with the | |
34 | attorney general. | |
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| |
1 | (h)(i) On or before December 31, 2016, the department of health shall issue registry | |
2 | identification cards within five (5) business days of approving an application or renewal that shall | |
3 | expire two (2) years after the date of issuance. | |
4 | (ii) Effective January 1, 2017, and thereafter, the department of health or the department | |
5 | of business regulation, as applicable, shall issue registry identification cards within five (5) business | |
6 | days of approving an application or renewal that shall expire one year after the date of issuance. | |
7 | (iii) Registry identification cards shall contain: | |
8 | (1) The date of issuance and expiration date of the registry identification card; | |
9 | (2) A random registry identification number; | |
10 | (3) A photograph; and | |
11 | (4) Any additional information as required by regulation of the department of health or | |
12 | business regulation as applicable. | |
13 | (i) Persons issued registry identification cards by the department of health or department | |
14 | of business regulation shall be subject to the following: | |
15 | (1) A qualifying patient cardholder shall notify the department of health of any change in | |
16 | his or her name, address, primary caregiver, or authorized purchaser; or if he or she ceases to have | |
17 | his or her debilitating medical condition, within ten (10) days of such change. | |
18 | (2) A qualifying patient cardholder who fails to notify the department of health of any of | |
19 | these changes is responsible for a civil infraction, punishable by a fine of no more than one hundred | |
20 | fifty dollars ($150). If the patient cardholder has ceased to suffer from a debilitating medical | |
21 | condition, the card shall be deemed null and void and the person shall be liable for any other | |
22 | penalties that may apply to the person's nonmedical use of marijuana. | |
23 | (3) A primary caregiver cardholder or authorized purchaser shall notify the issuing | |
24 | department of health of any change in his or her name or address within ten (10) days of such | |
25 | change. A primary caregiver cardholder or authorized purchaser who fails to notify the department | |
26 | of any of these changes is responsible for a civil infraction, punishable by a fine of no more than | |
27 | one hundred fifty dollars ($150). | |
28 | (4) When a qualifying patient cardholder or primary caregiver cardholder notifies the | |
29 | department of health or department of business regulation, as applicable, of any changes listed in | |
30 | this subsection, the department of health or department of business regulation, as applicable, shall | |
31 | issue the qualifying patient cardholder and each primary caregiver cardholder a new registry | |
32 | identification card within ten (10) days of receiving the updated information and a ten-dollar | |
33 | ($10.00) fee. | |
34 | (5) When a qualifying patient cardholder changes his or her primary caregiver or authorized | |
|
| |
1 | purchaser, the department of health or department of business regulation, as applicable shall notify | |
2 | the primary caregiver cardholder or authorized purchaser within ten (10) days. The primary | |
3 | caregiver cardholder's protections as provided in this chapter as to that patient shall expire ten (10) | |
4 | days after notification by the issuing department. If the primary caregiver cardholder or authorized | |
5 | purchaser is connected to no other qualifying patient cardholders in the program, he or she must | |
6 | return his or her registry identification card to the issuing department. | |
7 | (6) If a cardholder or authorized purchaser loses his or her registry identification card, he | |
8 | or she shall notify the department that issued the card and submit a ten-dollar ($10.00) fee within | |
9 | ten (10) days of losing the card. Within five (5) days, the department of health or department of | |
10 | business regulation shall issue a new registry identification card with new random identification | |
11 | number. | |
12 | (7) Effective January 1, 2019, if a patient cardholder chooses to alter his or her registration | |
13 | with regard to the growing of medical marijuana for himself or herself, he or she shall notify the | |
14 | department prior to the purchase of medical marijuana tags or the growing of medical marijuana | |
15 | plants. | |
16 | (8)(7) If a cardholder or authorized purchaser willfully violates any provision of this | |
17 | chapter as determined by the department of health or the department of business regulation, his or | |
18 | her registry identification card may be revoked. | |
19 | (j) Possession of, or application for, a registry identification card shall not constitute | |
20 | probable cause or reasonable suspicion, nor shall it be used to support the search of the person or | |
21 | property of the person possessing or applying for the registry identification card, or otherwise | |
22 | subject the person or property of the person to inspection by any governmental agency. | |
23 | (k)(1) Applications and supporting information submitted by qualifying patients, including | |
24 | information regarding their primary caregivers, authorized purchaser, and practitioners, are | |
25 | confidential and protected under in accordance with the federal Health Insurance Portability and | |
26 | Accountability Act of 1996, as amended, and shall be exempt from the provisions of chapter 2 of | |
27 | title 38 et seq. (Rhode Island access to public records act) and not subject to disclosure, except to | |
28 | authorized employees of the departments of health and business regulation as necessary to perform | |
29 | official duties of the departments, and pursuant to subsections (l) and (m). | |
30 | (2) The application for qualifying patient's registry identification card shall include a | |
31 | question asking whether the patient would like the department of health to notify him or her of any | |
32 | clinical studies about marijuana's risk or efficacy. The department of health shall inform those | |
33 | patients who answer in the affirmative of any such studies it is notified of, that will be conducted | |
34 | in Rhode Island. The department of health may also notify those patients of medical studies | |
|
| |
1 | conducted outside of Rhode Island. | |
2 | (3) The department of health and the department of business regulation, as applicable, shall | |
3 | maintain a confidential list of the persons to whom the department of health or department of | |
4 | business regulation has issued authorized patient, primary caregiver, and authorized purchaser | |
5 | registry identification cards. Individual names and other identifying information on the list shall be | |
6 | confidential, exempt from the provisions of Rhode Island access to public information, chapter 2 | |
7 | of title 38, and not subject to disclosure, except to authorized employees of the departments of | |
8 | health and business regulation as necessary to perform official duties of the departments and | |
9 | pursuant to subsections (l) and (m). | |
10 | (l) Notwithstanding subsections (k) C the departments of health and business regulation, | |
11 | as applicable, shall verify to law enforcement personnel whether a registry identification card is | |
12 | valid and may provide additional information to confirm whether a cardholder is compliant with | |
13 | the provisions of this chapter and the regulations promulgated hereunder. solely by confirming the | |
14 | random registry identification number or name. The department of business regulation shall verify | |
15 | to law enforcement personnel whether a registry identification card is valid and may confirm | |
16 | whether the cardholder is compliant with the provisions of this chapter and the regulations | |
17 | promulgated hereunder. This verification may occur through the use of a shared database, provided | |
18 | that any medical records or confidential information in this database related to a cardholder’s | |
19 | specific medical condition is protected in accordance with subdivision (k)(1). | |
20 | (m) It shall be a crime, punishable by up to one hundred eighty (180) days in jail and a one | |
21 | thousand dollar ($1,000) fine, for any person, including an employee or official of the departments | |
22 | of health, business regulation, public safety, or another state agency or local government, to breach | |
23 | the confidentiality of information obtained pursuant to this chapter. Notwithstanding this provision, | |
24 | the department of health and department of business regulation employees may notify law | |
25 | enforcement about falsified or fraudulent information submitted to the department or violations of | |
26 | this chapter. Nothing in this act shall be construed as to prohibit law enforcement, public safety, | |
27 | fire, or building officials from investigating violations of, or enforcing state law. | |
28 | (n) On or before the fifteenth day of the month following the end of each quarter of the | |
29 | fiscal year, the department of health and the department of business regulation shall report to the | |
30 | governor, the speaker of the house of representatives, and the president of the senate on applications | |
31 | for the use of marijuana for symptom relief. The report shall provide: | |
32 | (1) The number of applications for registration as a qualifying patient, primary caregiver, | |
33 | or authorized purchaser that have been made to the department of health and the department of | |
34 | business regulation during the preceding quarter, the number of qualifying patients, primary | |
|
| |
1 | caregivers, and authorized purchasers approved, the nature of the debilitating medical conditions | |
2 | of the qualifying patients, the number of registrations revoked, and the number and specializations, | |
3 | if any, of practitioners providing written certification for qualifying patients. | |
4 | (o) On or before September 30 of each year, the department of health and the department | |
5 | of business regulation, as applicable, shall report to the governor, the speaker of the house of | |
6 | representatives, and the president of the senate on the use of marijuana for symptom relief. The | |
7 | report shall provide: | |
8 | (1) The total number of applications for registration as a qualifying patient, primary | |
9 | caregiver, or authorized purchaser that have been made to the department of health and the | |
10 | department of business regulation, the number of qualifying patients, primary caregivers, and | |
11 | authorized purchasers approved, the nature of the debilitating medical conditions of the qualifying | |
12 | patients, the number of registrations revoked, and the number and specializations, if any, of | |
13 | practitioners providing written certification for qualifying patients; | |
14 | (2) The number of active qualifying patient, primary caregiver, and authorized purchaser | |
15 | registrations as of June 30 of the preceding fiscal year; | |
16 | (3) An evaluation of the costs permitting the use of marijuana for symptom relief, including | |
17 | any costs to law enforcement agencies and costs of any litigation; | |
18 | (4) Statistics regarding the number of marijuana-related prosecutions against registered | |
19 | patients and caregivers, and an analysis of the facts underlying those prosecutions; | |
20 | (5) Statistics regarding the number of prosecutions against physicians for violations of this | |
21 | chapter; and | |
22 | (6) Whether the United States Food and Drug Administration has altered its position | |
23 | regarding the use of marijuana for medical purposes or has approved alternative delivery systems | |
24 | for marijuana. | |
25 | (p) After June 30, 2018, the department of business regulation shall report to the speaker | |
26 | of the house, senate president, the respective fiscal committee chairpersons, and fiscal advisors | |
27 | within 60 days of the close of the prior fiscal year. The report shall provide: | |
28 | (1) The number of applications for registry identification cards to compassion center staff, | |
29 | the number approved, denied and the number of registry identification cards revoked, and the | |
30 | number of replacement cards issued; | |
31 | (2) The number of applications for compassion centers and licensed cultivators; | |
32 | (3) The number of marijuana plant tag sets ordered, delivered, and currently held within | |
33 | the state; | |
34 | (4) The total revenue collections of any monies related to its regulator activities for the | |
|
| |
1 | prior fiscal year, by the relevant category of collection, including enumerating specifically the total | |
2 | amount of revenues foregone or fees paid at reduced rates pursuant to this chapter. | |
3 | 21-28.6-7. Scope of chapter. | |
4 | (a) This chapter shall not permit: | |
5 | (1) Any person to undertake any task under the influence of marijuana, when doing so | |
6 | would constitute negligence or professional malpractice; | |
7 | (2) The smoking of marijuana: | |
8 | (i) In a school bus or other form of public transportation; | |
9 | (ii) On any school grounds; | |
10 | (iii) In any correctional facility; | |
11 | (iv) In any public place; | |
12 | (v) In any licensed drug treatment facility in this state; or | |
13 | (vi) Where exposure to the marijuana smoke significantly adversely affects the health, | |
14 | safety, or welfare of children. | |
15 | (3) Any person to operate, navigate, or be in actual physical control of any motor vehicle, | |
16 | aircraft, or motorboat while under the influence of marijuana. However, a registered qualifying | |
17 | patient shall not be considered to be under the influence solely for having marijuana metabolites in | |
18 | his or her system. | |
19 | (4) The operation of a medical marijuana emporium is prohibited in this state without a | |
20 | license issued by the department of business regulation. | |
21 | (b) Nothing in this chapter shall be construed to require: | |
22 | (1) A government medical assistance program or private health insurer to reimburse a | |
23 | person for costs associated with the medical use of marijuana; or | |
24 | (2) An employer to accommodate the medical use of marijuana in any workplace. | |
25 | (c) Fraudulent representation to a law enforcement official of any fact or circumstance | |
26 | relating to the medical use of marijuana to avoid arrest or prosecution shall be punishable by a fine | |
27 | of five hundred dollars ($500) which shall be in addition to any other penalties that may apply for | |
28 | making a false statement for the nonmedical use of marijuana. | |
29 | 21-28.6-8. Affirmative defense and dismissal. | |
30 | (a) Except as provided in § 21-28.6-7, a qualifying patient may assert the medical purpose | |
31 | for using marijuana as a defense to any prosecution involving marijuana, and such defense shall be | |
32 | presumed valid where the evidence shows that: | |
33 | (1) The qualifying patient's practitioner has stated that, in the practitioner's professional | |
34 | opinion, after having completed a full assessment of the person's medical history and current | |
|
| |
1 | medical condition made in the course of a bona fide practitioner-patient relationship, the potential | |
2 | benefits of using marijuana for medical purposes would likely outweigh the health risks for the | |
3 | qualifying patient; and | |
4 | (2) The qualifying patient was compliant with this chapter and all regulations promulgated | |
5 | hereunder and was in possession of a quantity of marijuana that was not more than what is permitted | |
6 | under this chapter to ensure the uninterrupted availability of marijuana for the purpose of alleviating | |
7 | the person's medical condition or symptoms associated with the medical condition. | |
8 | (b) A person may assert the medical purpose for using marijuana in a motion to dismiss, | |
9 | and the charges shall be dismissed following an evidentiary hearing where the defendant shows the | |
10 | elements listed in subsection (a) of this section. | |
11 | (c) Any interest in, or right to, property that was possessed, owned, or used in connection | |
12 | with a qualifying patient's use of marijuana for medical purposes shall not be forfeited if the | |
13 | qualifying patient demonstrates the qualifying patient's medical purpose for using marijuana | |
14 | pursuant to this section. | |
15 | 21-28.6-9. Enforcement. | |
16 | (a) If the department of health fails to adopt regulations to implement this chapter within | |
17 | one hundred twenty (120) days of the effective date of this act, a qualifying patient may commence | |
18 | an action in a court of competent jurisdiction to compel the department to perform the actions | |
19 | mandated pursuant to the provisions of this chapter. | |
20 | (b) If the department of health or the department of business regulation fails to issue a valid | |
21 | registry identification card in response to a valid application submitted pursuant to this chapter | |
22 | within thirty-five (35) days of its submission, the registry identification card shall be deemed | |
23 | granted and a copy of the registry identification application shall be deemed a valid registry | |
24 | identification card. | |
25 | (c) The department of health and the department of business regulation shall revoke and | |
26 | shall not reissue, the registry identification card of any cardholder or licensee who is convicted of; | |
27 | placed on probation; whose case is filed pursuant to § 12-10-12 where the defendant pleads nolo | |
28 | contendere; or whose case is deferred pursuant to § 12-19-19 where the defendant pleads nolo | |
29 | contendere for any felony offense under chapter 28 of title 21 ("Rhode Island Controlled | |
30 | Substances Act") or a similar offense from any other jurisdiction. | |
31 | (d) If a cardholder exceeds the possession limits set forth in §§ 21-28.6-4 or 21-28.6-14, or | |
32 | is in violation of any other section of this chapter or the regulations promulgated hereunder, he or | |
33 | she shall may be subject to arrest and prosecution under chapter 28 of title 21 ("Rhode Island | |
34 | Controlled Substances Act"). | |
|
| |
1 | (e) (1) Notwithstanding any other provision of this chapter, if the director of the department | |
2 | of business regulation or his or her designee has cause to believe that a violation of any provision | |
3 | of chapter 21-28.6 or the regulations promulgated thereunder has occurred by a licensee or | |
4 | registrant under the department’s jurisdiction, or that any person or entity is conducting any | |
5 | activities requiring licensure or registration by the department of business regulation under chapter | |
6 | 21-28.6 or the regulations promulgated thereunder without such licensure or registration, the | |
7 | director or his or her designee may, in accordance with the requirements of the administrative | |
8 | procedures act, chapter 35 of title 42: | |
9 | (i) Revoke or suspend a license or registration; | |
10 | (ii) Levy an administrative penalty in an amount established pursuant to regulations | |
11 | promulgated by the department of business regulation; | |
12 | (iii) Order the violator to cease and desist such actions; | |
13 | (iv) Require a licensee or registrant or person or entity conducting any activities requiring | |
14 | licensure or registration under chapter 21-28.6 to take such actions as are necessary to comply with | |
15 | such chapter and the regulations promulgated thereunder; or | |
16 | (v) Any combination of the above penalties. | |
17 | (2) If the director of the department of business regulation finds that public health, safety, | |
18 | or welfare imperatively requires emergency action, and incorporates a finding to that effect in his | |
19 | or her order, summary suspension of license or registration and/or cease and desist may be ordered | |
20 | pending proceedings for revocation or other action. These proceedings shall be promptly instituted | |
21 | and determined. | |
22 | (f) All medical marijuana products that are held for sale or distribution within the borders | |
23 | of this state in violation of the requirements of this chapter are declared to be contraband goods and | |
24 | may be seized by the department of business regulation, the tax administrator or his or her agents, | |
25 | or employees, or by any sheriff, or his or her deputy, or any police officer when requested by the | |
26 | tax administrator or the department of business regulation to do so, without a warrant. All | |
27 | contraband goods seized by the state under this chapter may be destroyed. | |
28 | 21-28.6-12. Compassion centers. | |
29 | (a) A compassion center registered licensed under this section may acquire, possess, | |
30 | cultivate, manufacture, deliver, transfer, transport, supply, or dispense marijuana, or related | |
31 | supplies and educational materials, to registered qualifying patients and their registered primary | |
32 | caregivers or authorized purchasers, out of state patient cardholders, or other marijuana business | |
33 | license holders, in accordance with regulations promulgated by the department of business | |
34 | regulation. Except as specifically provided to the contrary, all provisions of the Edward O. Hawkins | |
|
| |
1 | and Thomas C. Slater Medical Marijuana Act, §§ 21-28.6-1 et seq., apply to a compassion center | |
2 | unless they conflict with a provision contained in § 21-28.6-12. | |
3 | (b) Registration License of compassion centers--authority of the departments of health and | |
4 | business regulation: | |
5 | (1) Not later than ninety (90) days after the effective date of this chapter, the department | |
6 | of health shall promulgate regulations governing the manner in which it shall consider applications | |
7 | for registration certificates licenses for compassion centers, including regulations governing: | |
8 | (i) The form and content of registration license and renewal applications; | |
9 | (ii) Minimum oversight requirements for compassion centers; | |
10 | (iii) Minimum record-keeping requirements for compassion centers; | |
11 | (iv) Minimum security requirements for compassion centers; and | |
12 | (v) Procedures for suspending, revoking, or terminating the registration license of | |
13 | compassion centers that violate the provisions of this section or the regulations promulgated | |
14 | pursuant to this subsection. | |
15 | (2) Within ninety (90) days of the effective date of this chapter, the department of health | |
16 | shall begin accepting applications for the operation of a single compassion center. | |
17 | (3) Within one hundred fifty (150) days of the effective date of this chapter, the department | |
18 | of health shall provide for at least one public hearing on the granting of an application to a single | |
19 | compassion center. | |
20 | (4) Within one hundred ninety (190) days of the effective date of this chapter, the | |
21 | department of health shall grant a single registration certificate to a single compassion center, | |
22 | providing at least one applicant has applied who meets the requirements of this chapter. | |
23 | (5) If at any time after fifteen (15) months after the effective date of this chapter, there is | |
24 | no operational compassion center in Rhode Island, the department of health shall accept | |
25 | applications, provide for input from the public, and issue a registration certificate license for a | |
26 | compassion center if a qualified applicant exists. | |
27 | (6) Within two (2) years of the effective date of this chapter, the department of health shall | |
28 | begin accepting applications to provide registration certificates licenses for two (2) additional | |
29 | compassion centers. The department shall solicit input from the public, and issue registration | |
30 | certificates licenses if qualified applicants exist. | |
31 | (7)(i) Any time a compassion center registration certificate license is revoked, is | |
32 | relinquished, or expires on or before December 31, 2016, the department of health shall accept | |
33 | applications for a new compassion center. | |
34 | (ii) Any time a compassion center registration certificate is revoked, is relinquished, or | |
|
| |
1 | expires on or after January 1, 2017, the department of business regulation shall accept applications | |
2 | for a new compassion center. | |
3 | (8) (i) If at any time after three (3) years after the effective date of this chapter and on or | |
4 | before December 31, 2016, fewer than three (3) compassion centers are holding valid registration | |
5 | certificates licenses in Rhode Island, the department of health shall accept applications for a new | |
6 | compassion center. If at any time on or after January 1, 2019, fewer than three (3) nine (9) | |
7 | compassion centers are holding valid registration certificates licenses in Rhode Island, or are | |
8 | approved by the department of business regulation, the department of business regulation shall | |
9 | accept applications for a new compassion center. No more than nine (9) three (3) compassion | |
10 | centers may hold valid registration certificates licenses at one time. | |
11 | (ii) Before September 1, 2019 the department of business regulation shall not accept | |
12 | applications for additional compassion centers except for those submitted by a compassion center | |
13 | that is licensed by the department. A compassion center that holds a license in good standing by | |
14 | the department and whose application meets the requirements of this chapter including the payment | |
15 | of all applicable fees, shall be issued a second compassion center license for the retail sale of | |
16 | medical marijuana. | |
17 | (iii) On and after September 1, 2019 the department of business regulation shall accept | |
18 | applications from all other applicants. | |
19 | (9) Any compassion center application selected for approval by the department of health | |
20 | on or before December 31, 2016, or selected for approval by the department of business regulation | |
21 | on or after January 1, 2017, shall remain in full force and effect, notwithstanding any provisions of | |
22 | this chapter to the contrary, and shall be subject to state law adopted herein and rules and regulations | |
23 | adopted by the departments of health and business regulation subsequent to passage of this | |
24 | legislation. | |
25 | (c) Compassion center and agent applications and registration certificate license: | |
26 | (1) Each application for a compassion center shall include be submitted in accordance with | |
27 | regulations promulgated by the department of business regulation and shall include but not be | |
28 | limited to: | |
29 | (i) A non-refundable application fee paid to the department in the amount of two hundred | |
30 | fifty dollars ($250) ten thousand dollars ($10,000); | |
31 | (ii) The proposed legal name and proposed articles of incorporation of the compassion | |
32 | center; | |
33 | (iii) The proposed physical address of the compassion center, if a precise address has been | |
34 | determined, or, if not, the general location where it would be located. This may include a second | |
|
| |
1 | location for the a second compassion center retail location in accordance with 21-28.6-12 (b)(8)(ii) | |
2 | cultivation of medical marijuana; | |
3 | (iv) A description of the enclosed, locked facility that would be used in the cultivation of | |
4 | marijuana; | |
5 | (v) The name, address, and date of birth of each principal officer and board member of the | |
6 | compassion center; | |
7 | (vi)(v) Proposed security and safety measures that shall include at least one security alarm | |
8 | system for each location, planned measures to deter and prevent the unauthorized entrance into | |
9 | areas containing marijuana and the theft of marijuana, as well as a draft, employee-instruction | |
10 | manual including security policies, safety and security procedures, personal safety, and crime- | |
11 | prevention techniques; and | |
12 | (vii)(vi) Proposed procedures to ensure accurate record keeping; | |
13 | (2)(i) For applications submitted on or before December 31, 2016, any time one or more | |
14 | compassion center registration license applications are being considered, the department of health | |
15 | shall also allow for comment by the public and shall solicit input from registered qualifying | |
16 | patients, registered primary caregivers; and the towns or cities where the applicants would be | |
17 | located; | |
18 | (ii) For applications submitted on or after January 1, 2017, any time one or more | |
19 | compassion center registration license applications are being considered, the department of | |
20 | business regulation shall also allow for comment by the public and shall solicit input from | |
21 | registered qualifying patients, registered primary caregivers; and the towns or cities where the | |
22 | applicants would be located. | |
23 | (3) Each time a new compassion center certificate license is granted issued, the decision | |
24 | shall be based upon the overall health needs of qualified patients and the safety of the public, | |
25 | including, but not limited to, the following factors: | |
26 | (i) Convenience to patients from underserved areas throughout the state of Rhode Island to | |
27 | the compassion centers if the applicant were approved; | |
28 | (ii) The applicant's ability to provide a steady supply to the registered qualifying patients | |
29 | in the state; | |
30 | (iii) The applicant's experience running a non-profit or business; | |
31 | (iv) The interests of qualifying patients regarding which applicant be granted a registration | |
32 | certificate license; | |
33 | (v) The interests of the city or town where the dispensary would be located; | |
34 | (vi) The sufficiency of the applicant's plans for record keeping and security, which records | |
|
| |
1 | shall be considered confidential health-care information under Rhode Island law and are intended | |
2 | to be deemed protected health-care information for purposes of the Federal Health Insurance | |
3 | Portability and Accountability Act of 1996, as amended; and | |
4 | (vii) The sufficiency of the applicant's plans for safety and security, including proposed | |
5 | location, security devices employed, and staffing; | |
6 | (4) A compassion center approved by the department of health on or before December 31, | |
7 | 2016, shall submit the following to the department before it may begin operations: | |
8 | (i) A fee paid to the department in the amount of five thousand dollars ($5,000); | |
9 | (ii) The legal name and articles of incorporation of the compassion center; | |
10 | (iii) The physical address of the compassion center; this may include a second address for | |
11 | the secure cultivation of marijuana; | |
12 | (iv) The name, address, and date of birth of each principal officer and board member of the | |
13 | compassion center; and | |
14 | (v) The name, address, and date of birth of any person who will be an agent of, employee, | |
15 | or volunteer of the compassion center at its inception. | |
16 | (5) A compassion center approved or renewed by the department of business regulation on | |
17 | or after January 1, 2017, shall submit materials pursuant to regulations promulgated by the | |
18 | department of business regulation the following to the department before it may begin operations | |
19 | which shall include but not be limited to: | |
20 | (i) A fee paid to the department in the amount of five fifty thousand dollars ($550,000); | |
21 | (ii) The legal name and articles of incorporation of the compassion center; | |
22 | (iii) The physical address of the compassion center; this may include a second address for | |
23 | the secure cultivation of marijuana | |
24 | (iv) The name, address, and date of birth of each principal officer and board member of the | |
25 | compassion center; | |
26 | (v) The name, address, and date of birth of any person who will be an agent of, employee, | |
27 | or volunteer of the compassion center at its inception. | |
28 | (6) Except as provided in subdivision (7), the department of health or the department of | |
29 | business regulation shall issue each principal officer, board member, agent, volunteer, and | |
30 | employee of a compassion center a registry identification card or renewal card after receipt of the | |
31 | person's name, address, date of birth; a fee in an amount established by the department of health or | |
32 | the department of business regulation; and, except in the case of an employee, notification to the | |
33 | department of health or the department of business regulation by the department of public safety | |
34 | division of state police, attorney general’s office, or local law enforcement that the registry | |
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1 | identification card applicant has not been convicted of a felony drug offense or has not entered a | |
2 | plea of nolo contendere for a felony drug offense and received a sentence of probation. Each card | |
3 | shall specify that the cardholder is a principal officer, board member, agent, volunteer, or employee | |
4 | of a compassion center and shall contain the following: | |
5 | (i) The name, address, and date of birth of the principal officer, board member, agent, | |
6 | volunteer, or employee; | |
7 | (ii) The legal name of the compassion center to which the principal officer, board member, | |
8 | agent, volunteer, or employee is affiliated; | |
9 | (iii) A random identification number that is unique to the cardholder; | |
10 | (iv) The date of issuance and expiration date of the registry identification card; and | |
11 | (v) A photograph, if the department of health or the department of business regulation | |
12 | decides to require one; and | |
13 | (vi) Any other information or card classification that the department of business regulation | |
14 | requires. | |
15 | (7) Except as provided in this subsection, neither the department of health nor the | |
16 | department of business regulation shall issue a registry identification card to any principal officer, | |
17 | board member, or agent, volunteer, or employee of a compassion center who has been convicted | |
18 | of a felony drug offense or has entered a plea of nolo contendere for a felony drug offense and | |
19 | received a sentence of probation. If a registry identification card is denied, the compassion center | |
20 | will be notified in writing of the purpose for denying the registry identification card. A registry | |
21 | identification card may be granted if the offense was for conduct that occurred prior to the | |
22 | enactment of the Edward O. Hawkins and Thomas C. Slater Medical Marijuana Act or that was | |
23 | prosecuted by an authority other than the state of Rhode Island and for which the Edward O. | |
24 | Hawkins and Thomas C. Slater Medical Marijuana Act would otherwise have prevented a | |
25 | conviction. | |
26 | (i) All registry identification card applicants shall apply to the department of public safety | |
27 | division of state police, the attorney general’s office, or local law enforcement for a national | |
28 | criminal identification records check that shall include fingerprints submitted to the federal bureau | |
29 | of investigation. Upon the discovery of a felony drug offense conviction or a plea of nolo | |
30 | contendere for a felony drug offense with a sentence of probation, and in accordance with the rules | |
31 | promulgated by the department of health and the department of business regulation, the department | |
32 | of public safety division of state police, the attorney general’s office, or local law enforcement shall | |
33 | inform the applicant, in writing, of the nature of the felony and the department of public safety | |
34 | division of state police shall notify the department of health or the department of business | |
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1 | regulation, in writing, without disclosing the nature of the felony, that a felony drug offense | |
2 | conviction or a plea of nolo contendere for a felony drug offense with probation has been found. | |
3 | (ii) In those situations in which no felony drug offense conviction or plea of nolo | |
4 | contendere for a felony drug offense with probation has been found, the department of public safety | |
5 | division of state police, the attorney general’s office, or local law enforcement shall inform the | |
6 | applicant and the department of health or the department of business regulation, in writing, of this | |
7 | fact. | |
8 | (iii) All registry identification card applicants except for employees with no ownership, | |
9 | equity, financial interest, or managing control of a marijuana establishment license shall be | |
10 | responsible for any expense associated with the criminal background check with fingerprints. | |
11 | (8) A registry identification card of a principal officer, board member, agent, volunteer, or | |
12 | employee, or any other designation required by the department of business regulation shall expire | |
13 | one year after its issuance, or upon the expiration of the registered licensed organization's | |
14 | registration certificate license, or upon the termination of the principal officer, board member, | |
15 | agent, volunteer or employee's relationship with the compassion center, whichever occurs first. | |
16 | (9) A compassion center cardholder shall notify and request approval from the department | |
17 | of business regulation of any change in his or her name or address within ten (10) days of such | |
18 | change. A compassion center cardholder who fails to notify the department of business regulation | |
19 | of any of these changes is responsible for a civil infraction, punishable by a fine of no more than | |
20 | one hundred fifty dollars ($150). | |
21 | (10) When a compassion center cardholder notifies the department of health or the | |
22 | department of business regulation of any changes listed in this subsection, the department shall | |
23 | issue the cardholder a new registry identification card within ten (10) days of receiving the updated | |
24 | information and a ten-dollar ($10.00) fee. | |
25 | (11) If a compassion center cardholder loses his or her registry identification card, he or | |
26 | she shall notify the department of health or the department of business regulation and submit a ten- | |
27 | dollar ($10.00) fee within ten (10) days of losing the card. Within five (5) days, the department | |
28 | shall issue a new registry identification card with new random identification number. | |
29 | (12) On or before December 31, 2016, a compassion center cardholder shall notify the | |
30 | department of health of any disqualifying criminal convictions as defined in subdivision (c)(7). The | |
31 | department of health may choose to suspend and/or revoke his or her registry identification card | |
32 | after such notification. | |
33 | (13) On or after January 1, 2017, a compassion center cardholder shall notify the | |
34 | department of business regulation of any disqualifying criminal convictions as defined in | |
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1 | subdivision (c)(7). The department of business regulation may choose to suspend and/or revoke his | |
2 | or her registry identification card after such notification. | |
3 | (14) If a compassion center cardholder violates any provision of this chapter or regulations | |
4 | promulgated hereunder as determined by the departments of health and business regulation, his or | |
5 | her registry identification card may be suspended and/or revoked. | |
6 | (d) Expiration or termination of compassion center: | |
7 | (1) On or before December 31, 2016, a compassion center's registration license shall expire | |
8 | two (2) years after its registration certificate license is issued. On or after January 1, 2017, a | |
9 | compassion center's registration license shall expire one year after its registration certificate license | |
10 | is issued. The compassion center may submit a renewal application beginning sixty (60) days prior | |
11 | to the expiration of its registration certificate license; | |
12 | (2) The department of health or the department of business regulation shall grant a | |
13 | compassion center's renewal application within thirty (30) days of its submission if the following | |
14 | conditions are all satisfied: | |
15 | (i) The compassion center submits the materials required under subdivisions (c)(4) and | |
16 | (c)(5), including a two hundred fifty thousand dollar fifty thousand dollar ($25050,000) fee; | |
17 | (ii) The compassion center's registration license has never been suspended for violations | |
18 | of this chapter or regulations issued pursuant to this chapter; and | |
19 | (iii) The department of health and the department of business regulation find that the | |
20 | compassion center is adequately providing patients with access to medical marijuana at reasonable | |
21 | rates; | |
22 | (3) If the department of health or the department of business regulation determines that any | |
23 | of the conditions listed in paragraphs (d)(2)(i) -- (iii) have not been met, the department shall may | |
24 | begin an open application process for the operation of a compassion center. In granting a new | |
25 | registration certificate license, the department of health or the department of business regulation | |
26 | shall consider factors listed in subdivision (c)(3); | |
27 | (4) The department of health or the department of business regulation shall issue a | |
28 | compassion center one or more thirty-day (30) temporary registration certificates licenses after that | |
29 | compassion center's registration license would otherwise expire if the following conditions are all | |
30 | satisfied: | |
31 | (i) The compassion center previously applied for a renewal, but the department had not yet | |
32 | come to a decision; | |
33 | (ii) The compassion center requested a temporary registration certificate license; and | |
34 | (iii) The compassion center has not had its registration certificate license suspended or | |
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1 | revoked due to violations of this chapter or regulations issued pursuant to this chapter. | |
2 | (5) A compassion center's registry identification card license shall be subject to revocation | |
3 | if the compassion center: | |
4 | (i) Possesses an amount of marijuana exceeding the limits established by this chapter; | |
5 | (ii) Is in violation of the laws of this state; | |
6 | (iii) Is in violation of other departmental regulations; or | |
7 | (iv) Employs or enters into a business relationship with a medical practitioner who provides | |
8 | written certification of a qualifying patient's medical condition. | |
9 | (e) Inspection. Compassion centers are subject to reasonable inspection by the department | |
10 | of health, division of facilities regulation and the department of business regulation. During an | |
11 | inspection, the departments may review the compassion center's confidential records, including its | |
12 | dispensing records, which shall track transactions according to qualifying patients' registry | |
13 | identification numbers to protect their confidentiality. | |
14 | (f) Compassion center requirements: | |
15 | (1) A compassion center shall be operated on a not-for-profit basis for the mutual benefit | |
16 | of its patients. A compassion center need not be recognized as a tax-exempt organization by the | |
17 | Internal Revenue Service;. A compassion center shall be subject to regulations promulgated by the | |
18 | department of business regulation for general operations and record keeping which shall include | |
19 | but not be limited to: | |
20 | (i) Minimum security and surveillance requirements; | |
21 | (ii) Minimum requirements for workplace safety and sanitation; | |
22 | (iii) Minimum requirements for product safety and testing; | |
23 | (iv) Minimum requirements for inventory tracking and monitoring; | |
24 | (v) Minimum requirements for the secure transport and transfer of medical marijuana; | |
25 | (vi) Minimum requirements to address odor mitigation; | |
26 | (vii) Minimum requirements for product packaging and labeling; | |
27 | (viii) Minimum requirements for advertising; | |
28 | (ix) Minimum requirements for the testing and destruction of marijuana. Wherever | |
29 | destruction of medical marijuana and medical marijuana product is required to bring a person or | |
30 | entity into compliance with any provision of chapter 21-28.6, any rule or regulation promulgated | |
31 | thereunder, or any administrative order issued in accordance therewith, the director of the | |
32 | department of business regulation may designate his or her employees or agents to facilitate said | |
33 | destruction; | |
34 | (x) A requirement that if a compassion center violates this chapter, or any regulation | |
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1 | thereunder, and the department of business regulation determines that violation does not pose an | |
2 | immediate threat to public health or public safety, the compassion center shall pay to the department | |
3 | of business regulation a fine of no less than five-hundred dollars ($500); and | |
4 | (xi) A requirement that if f a compassion center violates this chapter, or any regulation | |
5 | promulgated hereunder, and the department of business regulation determines that the violation | |
6 | poses an immediate threat to public health or public safety, the compassion center shall pay to the | |
7 | department of business regulation a fine of no less than two-thousand dollars ($2,000) and the | |
8 | department shall be entitled to pursue any other enforcement action provided for under this chapter | |
9 | and the regulations. | |
10 | (2) A compassion center may not be located within one thousand feet (1,000') of the | |
11 | property line of a preexisting public or private school; | |
12 | (3) On or before December 31, 2016, a compassion center shall notify the department of | |
13 | health within ten (10) days of when a principal officer, board member, agent, volunteer, or | |
14 | employee ceases to work at the compassion center. On or after January 1, 2017, a compassion | |
15 | center shall notify the department of business regulation within ten (10) days of when a principal | |
16 | officer, board member, agent, volunteer, or employee ceases to work at the compassion center. His | |
17 | or her card shall be deemed null and void and the person shall be liable for any penalties that may | |
18 | apply to any nonmedical possession or use of marijuana by the person; | |
19 | (4)(i) On or before December 31, 2016, a compassion center shall notify the department of | |
20 | health in writing of the name, address, and date of birth of any new principal officer, board member, | |
21 | agent, volunteer or employee and shall submit a fee in an amount established by the department for | |
22 | a new registry identification card before that person begins his or her relationship with the | |
23 | compassion center; | |
24 | (ii) On or after January 1, 2017, a compassion center shall notify the department of business | |
25 | regulation, in writing, of the name, address, and date of birth of any new principal officer, board | |
26 | member, agent, volunteer, or employee and shall submit a fee in an amount established by the | |
27 | department of business regulation for a new registry identification card before that person begins | |
28 | his or her relationship with the compassion center; | |
29 | (5) A compassion center shall implement appropriate security measures to deter and | |
30 | prevent the unauthorized entrance into areas containing marijuana and the theft of marijuana and | |
31 | shall insure that each location has an operational security alarm system. Each compassion center | |
32 | shall request that the department of public safety division of state police visit the compassion center | |
33 | to inspect the security of the facility and make any recommendations regarding the security of the | |
34 | facility and its personnel within ten (10) days prior to the initial opening of each compassion center. | |
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1 | Said recommendations shall not be binding upon any compassion center, nor shall the lack of | |
2 | implementation of said recommendations delay or prevent the opening or operation of any center. | |
3 | If the department of public safety division of state police does not inspect the compassion center | |
4 | within the ten-day (10) period, there shall be no delay in the compassion center's opening. | |
5 | (6) The operating documents of a compassion center shall include procedures for the | |
6 | oversight of the compassion center and procedures to ensure accurate record keeping. | |
7 | (7) A compassion center is prohibited from acquiring, possessing, cultivating, | |
8 | manufacturing, delivering, transferring, transporting, supplying, or dispensing marijuana for any | |
9 | purpose except to assist registered qualifying patient cardholders with the medical use of marijuana | |
10 | directly or through the qualifying patient's primary caregiver or authorized purchaser, unless | |
11 | otherwise authorized by the department of business regulations in accordance with regulations | |
12 | promulgated by the department. | |
13 | (8) All principal officers and board members of a compassion center must be residents of | |
14 | the state of Rhode Island. | |
15 | (9) Each time a new, registered, qualifying patient visits a compassion center, it shall | |
16 | provide the patient with a frequently asked questions sheet, designed by the department, that | |
17 | explains the limitations on the right to use medical marijuana under state law. | |
18 | (10) Effective July 1, 20167, each compassion center shall be subject to any regulations | |
19 | promulgated by the department of health and business regulation that specify how usable marijuana | |
20 | must be tested for items included but not limited to cannabinoid profile and contaminants. | |
21 | (11) Effective January 1, 2017, each compassion center shall be subject to any product | |
22 | labeling requirements promulgated by the department of business regulation. | |
23 | (12) Each compassion center shall develop, implement, and maintain on the premises | |
24 | employee, volunteer, and agent policies and procedures to address the following requirements: | |
25 | (i) A job description or employment contract developed for all employees and agents, and | |
26 | a volunteer agreement for all volunteers, that includes duties, authority, responsibilities, | |
27 | qualifications, and supervision; and | |
28 | (ii) Training in, and adherence to, state confidentiality laws. | |
29 | (13) Each compassion center shall maintain a personnel record for each employee, agent, | |
30 | and volunteer that includes an application and a record of any disciplinary action taken. | |
31 | (14) Each compassion center shall develop, implement, and maintain on the premises an | |
32 | on-site training curriculum, or enter into contractual relationships with outside resources capable | |
33 | of meeting employee training needs, that includes, but is not limited to, the following topics: | |
34 | (i) Professional conduct, ethics, and patient confidentiality; and | |
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1 | (ii) Informational developments in the field of medical use of marijuana. | |
2 | (15) Each compassion center entity shall provide each employee, agent, and volunteer, at | |
3 | the time of his or her initial appointment, training in the following: | |
4 | (i) The proper use of security measures and controls that have been adopted; and | |
5 | (ii) Specific procedural instructions on how to respond to an emergency, including robbery | |
6 | or violent accident. | |
7 | (16) All compassion centers shall prepare training documentation for each employee and | |
8 | volunteer and have employees and volunteers sign a statement indicating the date, time, and place | |
9 | the employee and volunteer received said training and topics discussed, to include name and title | |
10 | of presenters. The compassion center shall maintain documentation of an employee's and a | |
11 | volunteer's training for a period of at least six (6) months after termination of an employee's | |
12 | employment or the volunteer's volunteering. | |
13 | (g) Maximum amount of usable marijuana to be dispensed: | |
14 | (1) A compassion center or principal officer, board member, agent, volunteer, or employee | |
15 | of a compassion center may not dispense more than two and one half ounces (2.5 three (3oz.) of | |
16 | dried usable marijuana, or its equivalent, to a patient cardholder or qualifying patient directly or | |
17 | through a qualifying patient's primary caregiver or authorized purchaser during a fifteen-day (15) | |
18 | period; | |
19 | (2) A compassion center or principal officer, board member, agent, volunteer, or employee | |
20 | of a compassion center may not dispense an amount of usable marijuana, or its equivalent, | |
21 | seedlings, or mature marijuana plants, to a patient cardholder, qualifying patient, a qualifying | |
22 | patient's primary caregiver, or a qualifying patient's authorized purchaser that the compassion | |
23 | center, principal officer, board member, agent, volunteer, or employee knows would cause the | |
24 | recipient to possess more marijuana than is permitted under the Edward O. Hawkins and Thomas | |
25 | C. Slater Medical Marijuana Act. | |
26 | (3) Compassion centers shall utilize a database administered by the departments of health | |
27 | and business regulation. The database shall contains all compassion centers' transactions according | |
28 | to qualifying patients' cardholders, authorized purchasers', and primary caregivers' registry | |
29 | identification numbers, or other means as specified by the department(s) to protect the | |
30 | confidentiality of patient personal and medical information. Compassion centers will not have | |
31 | access to any applications or supporting information submitted by qualifying patients, authorized | |
32 | purchasers or primary caregivers. Before dispensing marijuana to any patient, caregiver, or | |
33 | authorized purchaser, the compassion center must utilize the database to ensure that a qualifying | |
34 | patient cardholder is not dispensed more than two and one half ounces (2.5 three (3) ounces of dried | |
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1 | usable marijuana or its equivalent directly or through the qualifying patient's primary caregiver or | |
2 | authorized purchaser during a fifteen-day (15) period. | |
3 | (h) Immunity: | |
4 | (1) No registered licensed compassion center shall be subject to prosecution; search, except | |
5 | by the departments pursuant to subsection (e); seizure; or penalty in any manner, or denied any | |
6 | right or privilege, including, but not limited to, civil penalty or disciplinary action by a business, | |
7 | occupational, or professional licensing board or entity, solely for acting in accordance with this | |
8 | section to assist registered qualifying patients. | |
9 | (2) No registered licensed compassion center shall be subject to prosecution, seizure, or | |
10 | penalty in any manner, or denied any right or privilege, including, but not limited to, civil penalty | |
11 | or disciplinary action, by a business, occupational, or professional licensing board or entity, for | |
12 | selling, giving, or distributing marijuana in whatever form, and within the limits established by, the | |
13 | department of health or the department of business regulation to another registered compassion | |
14 | center. | |
15 | (3) No principal officers, board members, agents, volunteers, or employees of a registered | |
16 | compassion center shall be subject to arrest, prosecution, search, seizure, or penalty in any manner, | |
17 | or denied any right or privilege, including, but not limited to, civil penalty or disciplinary action by | |
18 | a business, occupational, or professional licensing board or entity, solely for working for or with a | |
19 | compassion center to engage in acts permitted by this section. | |
20 | (4) No state employee shall be subject to arrest, prosecution or penalty in any manner, or | |
21 | denied any right or privilege, including, but not limited to, civil penalty, disciplinary action, | |
22 | termination, or loss of employee or pension benefits, for any and all conduct that occurs within the | |
23 | scope of his or her employment regarding the administration, execution and/or enforcement of this | |
24 | act, and the provisions of §§ 9-31-8 and 9-31-9 shall be applicable to this section. | |
25 | (i) Prohibitions: | |
26 | (1) A compassion center must limit its inventory of seedlings, plants, and usable marijuana | |
27 | to reflect the projected needs of qualifying patients; (i) A compassion center may not cultivate | |
28 | marijuana or manufacture or process marijuana products pursuant to its compassion center | |
29 | registration, provided that cultivation, processing and manufacture may be conducted under a | |
30 | medical marijuana cultivator license and/or a medical marijuana processor license which may be | |
31 | issued to a compassion center by the department of business regulation pursuant to regulations | |
32 | promulgated by the department. | |
33 | (ii) A compassion center which was approved by the department of health or renewed by | |
34 | the department of business regulation prior to July 1, 2019 may also hold a medical marijuana | |
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| |
1 | cultivator license and a medical marijuana processor license and shall be issued said license or | |
2 | licenses in accordance with regulations promulgated by the department of business regulation, | |
3 | provided that the class or classes of said medical marijuana cultivator license and medical | |
4 | marijuana processor license shall correspond to the size and scope of any growing, manufacturing, | |
5 | or processing facility or facilities which were in operation or were approved prior to July 1, 2019. | |
6 | (iii) A compassion center which is first approved by the department of business regulation | |
7 | on or after July 1, 2019 may also hold a medical marijuana cultivator license and a medical | |
8 | marijuana processor license in accordance with regulations promulgated by the department of | |
9 | business regulation, provided the class or classes of said medical marijuana cultivator license and | |
10 | medical marijuana processor license shall correspond to the size of any growing, manufacturing, | |
11 | or processing facility or facilities which were licensed or approved by the department of business | |
12 | regulation prior to July 1, 2019. | |
13 | (2) A compassion center may not dispense, deliver, or otherwise transfer marijuana to a | |
14 | person other than a patient cardholder or to such qualified patient's primary caregiver or authorized | |
15 | purchaser; | |
16 | (3) A compassion center may not procure, purchase, transfer or sell marijuana to or from | |
17 | any entity other than a marijuana establishment licensee in accordance with regulations | |
18 | promulgated by the department of business regulation. | |
19 | (34) A person found to have violated paragraph (2) or (3) this subsection may not be an | |
20 | employee, agent, volunteer, principal officer, or board member of any compassion center; | |
21 | (45) An employee, agent, volunteer, principal officer or board member of any compassion | |
22 | center found in violation of paragraph (2) shall have his or her registry identification revoked | |
23 | immediately; and | |
24 | (56) No person who has been convicted of a felony drug offense or has entered a plea of | |
25 | nolo contendere for a felony drug offense with a sentence of probation may be the principal officer, | |
26 | board member, or agent, volunteer, or employee of a compassion center unless the department has | |
27 | determined that the person's conviction was for the medical use of marijuana or assisting with the | |
28 | medical use of marijuana in accordance with the terms and conditions of this chapter. A person | |
29 | who is employed by or is an agent, volunteer, principal officer, or board member of a compassion | |
30 | center in violation of this section is guilty of a civil violation punishable by a fine of up to one | |
31 | thousand dollars ($1,000). A subsequent violation of this section is a misdemeanor. | |
32 | (j) Legislative oversight committee: | |
33 | (1) The general assembly shall appoint a nine-member (9) oversight committee comprised | |
34 | of: one member of the house of representatives; one member of the senate; one physician to be | |
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1 | selected from a list provided by the Rhode Island medical society; one nurse to be selected from a | |
2 | list provided by the Rhode Island state nurses association; two (2) registered qualifying patients; | |
3 | one registered primary caregiver; one patient advocate to be selected from a list provided by the | |
4 | Rhode Island patient advocacy coalition; and the superintendent of the department of public safety, | |
5 | or his/her designee. | |
6 | (2) The oversight committee shall meet at least six (6) times per year for the purpose of | |
7 | evaluating and making recommendations to the general assembly regarding: | |
8 | (i) Patients' access to medical marijuana; | |
9 | (ii) Efficacy of compassion centers; | |
10 | (iii) Physician participation in the Medical Marijuana Program; | |
11 | (iv) The definition of qualifying medical condition; and | |
12 | (v) Research studies regarding health effects of medical marijuana for patients. | |
13 | (3) On or before January 1 of every even numbered year, the oversight committee shall | |
14 | report to the general assembly on its findings. | |
15 | (k) License required. No person or entity shall engage in activities described in this § 21- | |
16 | 28.6-12 without a compassion center license issued by the department of business regulation. | |
17 | 21-28.6-14. Cooperative cultivations. | |
18 | (a) Two (2) or more qualifying cardholders may cooperatively cultivate marijuana in | |
19 | residential or non-residential locations subject to the following restrictions: | |
20 | (1) Effective January 1, 2017, cooperative cultivations shall apply to the department of | |
21 | business regulation for a license to operate; | |
22 | (2) A registered patient or primary caregiver cardholder can only cultivate in one location, | |
23 | including participation in a cooperative cultivation; | |
24 | (3) No single location may have more than one cooperative cultivation. For the purposes | |
25 | of this section, location means one structural building, not units within a structural building; | |
26 | (4) The cooperative cultivation shall not be visible from the street or other public areas; | |
27 | (5) A written acknowledgement of the limitations of the right to use and possess marijuana | |
28 | for medical purposes in Rhode Island that is signed by each cardholder and is displayed prominently | |
29 | in the premises cooperative cultivation; | |
30 | (6) Cooperative cultivations are restricted to the following possession limits: | |
31 | (i) A non-residential, cooperative cultivation may have no more than ten (10) ounces of | |
32 | dried usable marijuana, or its equivalent, and an amount of wet marijuana set in regulations | |
33 | promulgated by the departments of health and business regulation, forty-eight (48) mature | |
34 | marijuana plants, and forty-eight (48) seedlings; | |
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| |
1 | (ii) A residential, cooperative cultivation may have no more than ten (10) ounces of dried | |
2 | usable marijuana, or its equivalent, and an amount of wet marijuana set in regulations promulgated | |
3 | by the departments of health and business regulation, twenty-four (24) mature marijuana plants, | |
4 | and twenty-four (24) seedlings; | |
5 | (iii) A non-residential or residential, cooperative cultivation must have displayed | |
6 | prominently on the premises its license issued by the department of business regulation; | |
7 | (iv) Every marijuana plant possessed by a cooperative cultivation must be accompanied by | |
8 | a valid medical marijuana tag issued by the department of business regulation pursuant to § 21- | |
9 | 28.6-15. Each cooperative cultivation must purchase at least one medical marijuana tag in order to | |
10 | remain a licensed cooperative cultivation; and | |
11 | (v) Cooperative cultivations are subject to reasonable inspection by the department of | |
12 | business regulation for the purposes of enforcing regulations promulgated pursuant to this chapter | |
13 | and all applicable Rhode Island general laws. | |
14 | (7) Cooperative cultivations must be inspected as follows: | |
15 | (i) A non-residential, cooperative cultivation must have displayed prominently on the | |
16 | premises documentation from the municipality where the single location is located that the location | |
17 | and the cultivation has been inspected by the municipal building and/or zoning official and the | |
18 | municipal fire department and is in compliance with any applicable state or municipal housing and | |
19 | zoning codes; and | |
20 | (ii) A residential, cooperative cultivation must have displayed prominently on the premises | |
21 | an affidavit by a licensed electrician that the cultivation has been inspected and is in compliance | |
22 | with any applicable state or municipal housing and zoning codes for the municipality where the | |
23 | cooperative cultivation is located. | |
24 | (8) Cooperative cultivations must report the location of the cooperative cultivation to the | |
25 | department of public safety. | |
26 | (9) The reports provided to the department of public safety in subsection (8) of this section | |
27 | shall be confidential, but locations may be confirmed for law enforcement purposes. The report of | |
28 | the location of the cooperative cultivation alone shall not constitute probable cause for a search of | |
29 | the cooperative cultivation. | |
30 | (10) The department of business regulation shall promulgate regulations governing the | |
31 | licensing and operation of cooperative cultivations, and may promulgate regulations that set a fee | |
32 | for a cooperative cultivation license. | |
33 | (b) Any violation of any provision of this chapter or regulations promulgated hereunder as | |
34 | determined by the department of business regulation may result in the revocation/suspension of the | |
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1 | cooperative cultivation license. | |
2 | (c) License required. No person or entity shall engage in activities described in this § 21- | |
3 | 28.6-14 without a cooperative cultivation license issued by the department of business regulation. | |
4 | (d) Effective July 1, 2019, except as to cooperative cultivator licenses issued by the | |
5 | department of business regulation before July 1, 2019, the department of business regulation shall | |
6 | no longer accept applications or renewals for licensed cooperative cultivations and cooperative | |
7 | cultivations shall no longer be permitted. | |
8 | (e) Effective July 1, 2019, except as permitted in regulations promulgated by the | |
9 | department of business regulation, not more than one registered cardholder shall be permitted to | |
10 | grow marijuana in a dwelling unit or commercial unit, except for two (2) or more qualifying patient | |
11 | or primary caregiver cardholder(s) who are primary residents of the same dwelling unit where the | |
12 | medical marijuana plants are grown and in all instances subject to the plant limits in § 21-28.6- | |
13 | 4(p). | |
14 | 21-28.6-15. Medical marijuana plant tags. | |
15 | (a) Effective January 1, 2017, the department of business regulation shall make medical | |
16 | marijuana tag sets available for purchase. Effective April 1, 2017, every marijuana plant, either | |
17 | mature or seedling immature, grown by a registered patient or primary caregiver, must be | |
18 | accompanied by a physical medical marijuana tag purchased through the department of business | |
19 | regulation and issued by the department of health department of business regulation to qualifying | |
20 | patients and primary caregivers or by the department of business regulation to licensed cultivators. | |
21 | (1) The department of business regulation shall charge an annual fee for each medical | |
22 | marijuana tag set, which shall include one tag for a mature medical marijuana plant and one tag for | |
23 | a seedling an immature plant. If the required fee has not been paid, those medical marijuana tags | |
24 | shall be considered expired and invalid. The fee established by the department of business | |
25 | regulation shall be in accordance with the following requirements: | |
26 | (i) For patient cardholders authorized to grow medical marijuana by the department of | |
27 | health department of business regulation, the fee per tag set shall not exceed twenty-five dollars | |
28 | ($25); | |
29 | (ii) For primary caregivers, the fee per tag set shall not exceed twenty-five dollars ($25); | |
30 | (iii) For patients who qualify for reduced registration due to income or disability status, | |
31 | there shall be no fee per tag set; | |
32 | (iv) For caregivers who provide care for a patient cardholder who qualifies for reduced- | |
33 | registration due to income or disability status, there shall be no fee per tag set for such qualifying | |
34 | patient; and | |
|
| |
1 | (v) For licensed medical marijuana cultivators, the fee per tag set shall be established in | |
2 | regulations promulgated by the department of business regulation. | |
3 | (2) Effective January 1, 2017, tThe department of business regulation shall verify with the | |
4 | department of health that all medical marijuana tag purchases are made by qualifying patient | |
5 | cardholders or primary caregiver cardholders as applicable. The department of health shall provide | |
6 | this verification according to qualifying patients' and primary caregivers' registry identification | |
7 | numbers and without providing access to any applications or supporting information submitted by | |
8 | qualifying patients to protect patient confidentiality; | |
9 | (3) Effective January July 1, 20179, and thereafter, the department of business regulation | |
10 | shall verify with the department of health that all medical marijuana tag purchases are made by | |
11 | registered patient cardholders, who have notified the department of health of their election to grow | |
12 | medical marijuana, or primary caregiver cardholders in accordance with regulations promulgated | |
13 | by the department. The department of health shall provide this verification according to qualifying | |
14 | patients' and primary caregivers' registry identification numbers and without providing access to | |
15 | any applications or supporting information submitted by qualifying patients to protect patient | |
16 | confidentiality; | |
17 | (4) The department of business regulation shall maintain information pertaining to medical | |
18 | marijuana tags and shall share that information with the department of health. | |
19 | (5) All primary caregivers shall purchase at least one medical marijuana tag set for each | |
20 | patient under their care and all patients growing medical marijuana for themselves or serving as | |
21 | their own caregiver shall purchase at least one medical marijuana tag set. | |
22 | (6) All licensed medical marijuana cultivators shall purchase at least one medical marijuana | |
23 | tag set or utilize a seed to sale tracking system in accordance with regulations promulgated by the | |
24 | department of business regulation. | |
25 | (7) The departments of business regulation and health shall jointly promulgate regulations | |
26 | to establish a process by which medical marijuana tags may be returned to either department. The | |
27 | department of business regulation may choose to reimburse a portion or the entire amount of any | |
28 | fees paid for medical marijuana tags that are subsequently returned. | |
29 | (b) Enforcement: | |
30 | (1) If a patient cardholder, primary caregiver cardholder, licensed medical marijuana | |
31 | processor, compassion center, or licensed medical marijuana cultivator violates any provision of | |
32 | this chapter or the regulations promulgated hereunder as determined by the departments of business | |
33 | regulation and or health, his or her medical marijuana tags may be revoked. In addition, the | |
34 | department that issued the cardholder's registration or the license may revoke the cardholder's | |
|
| |
1 | registration or license pursuant to § 21-28.6-9. | |
2 | (2) The department of business regulation may revoke and not reissue, pursuant to | |
3 | regulations, medical marijuana tags to any cardholder or licensee who is convicted of; placed on | |
4 | probation; whose case is filed pursuant to § 12-10-12 where the defendant pleads nolo contendere; | |
5 | or whose case is deferred pursuant to § 12-19-19 where the defendant pleads nolo contendere for | |
6 | any felony offense under chapter 28 of title 21 ("Rhode Island Controlled Substances Act") or a | |
7 | similar offense from any other jurisdiction. | |
8 | (3) If a patient cardholder, primary caregiver cardholder, licensed cooperative cultivation, | |
9 | compassion center, licensed medical marijuana processor licensed medical marijuana cultivator or | |
10 | any other person or entity is found to have mature marijuana plants, or marijuana material without | |
11 | valid medical marijuana tags sets or which are not tracked in accordance with regulation, the | |
12 | department or health or department of business regulation shall impose an administrative penalty | |
13 | in accordance with regulations promulgated by the department on such the patient cardholder, | |
14 | primary caregiver cardholder, licensed cooperative cultivation, compassion center, licensed | |
15 | medical marijuana processor, or licensed medical marijuana cultivator or other person or entity for | |
16 | each untagged mature marijuana plant or unit of untracked marijuana material not in excess of the | |
17 | limits set forth in § 21-28.6-4, § 21-28.6-14 and § 21-28.6-16 of no more than the total fee that | |
18 | would be paid by a cardholder or licensee who purchased medical marijuana tags for such plants | |
19 | in compliance with this chapter. | |
20 | (4) If a patient cardholder, primary caregiver cardholder, or licensed cooperative | |
21 | cultivation is found to have mature marijuana plants exceeding the limits set forth in § 21-28.6-4, | |
22 | § 21-28.6-14, and § 21-28.6-16 in addition to any penalties that may be imposed pursuant to § 21- | |
23 | 28.6-9, the department of health or department of business regulation may impose an administrative | |
24 | penalty on that cardholder or license holder for each mature marijuana plant in excess of the | |
25 | applicable statutory limit of no less than the total fee that would be paid by a cardholder who | |
26 | purchased medical marijuana tags for such plants in compliance with this chapter. | |
27 | 21-28.6-16. Licensed medical marijuana cultivators. | |
28 | (a) A licensed medical marijuana cultivator licensed under this section may acquire, | |
29 | possess, cultivate, deliver, or transfer marijuana to licensed compassion centers, to a licensed | |
30 | medical marijuana processor, to another licensed medical marijuana cultivator, or to any other | |
31 | marijuana establishment licensee, in accordance with regulations promulgated by the department | |
32 | of business regulation. A licensed medical marijuana cultivator shall not be a primary caregiver | |
33 | cardholder and shall not hold a cooperative cultivation license. Except as specifically provided to | |
34 | the contrary, all provisions of the Edward O. Hawkins and Thomas C. Slater Medical Marijuana | |
|
| |
1 | Act, §§ 21-28.6-1 -- 21-28.6-15, apply to a licensed cultivator unless they conflict with a provision | |
2 | contained in § 21-28.6-16. | |
3 | (b) Licensing of medical marijuana cultivators -- Department of business regulation | |
4 | authority. The department of business regulation shall promulgate regulations governing the | |
5 | manner in which it shall consider applications for the licensing of medical marijuana cultivators, | |
6 | including regulations governing: | |
7 | (1) The form and content of licensing and renewal applications; | |
8 | (2) Minimum oversight requirements for licensed medical marijuana cultivators; | |
9 | (3) Minimum record-keeping requirements for cultivators; | |
10 | (4) Minimum security requirements for cultivators; and | |
11 | (5) Procedures for suspending, revoking, or terminating the license of cultivators that | |
12 | violate the provisions of this section or the regulations promulgated pursuant to this subsection. | |
13 | (c) A licensed medical marijuana cultivator license issued by the department of business | |
14 | regulation shall expire one year after it was issued and the licensed medical marijuana cultivator | |
15 | may apply for renewal with the department in accordance with its regulations pertaining to licensed | |
16 | medical marijuana cultivators. | |
17 | (d) The department of business regulation shall promulgate regulations that govern how | |
18 | many marijuana plants, how many marijuana seedlings mature and immature, how much wet | |
19 | marijuana, and how much usable marijuana a licensed medical marijuana cultivator may possess. | |
20 | Every marijuana plant possessed by a licensed medical marijuana cultivator must be accompanied | |
21 | by valid medical marijuana tag issued by the department of business regulation pursuant to § 21- | |
22 | 28.6-15 or catalogued in a seed to sale inventory tracking system in accordance with regulations | |
23 | promulgated by the department of business regulation. Each cultivator must purchase at least one | |
24 | medical marijuana tag in order to remain a licensed cultivator. | |
25 | (e) Medical marijuana cultivators shall only sell marijuana to compassion centers, a | |
26 | licensed medical marijuana processor, another licensed medical marijuana cultivator, or other | |
27 | marijuana establishment licensee, in accordance with regulations promulgated by the department | |
28 | of business regulation. All marijuana possessed by a cultivator in excess of the possession limit | |
29 | established pursuant to subsection (d) shall be under formal agreement to be purchased by a | |
30 | marijuana establishment in accordance with regulations promulgated by the department of business | |
31 | regulation compassion center. If such excess marijuana is not under formal agreement to be | |
32 | purchased, the cultivator will have a period of time, specified in regulations promulgated by the | |
33 | department of business regulation, to sell or destroy that excess marijuana. The department may | |
34 | suspend and/or revoke the cultivator's license and the license of any officer, director, employee, or | |
|
| |
1 | agent of such cultivator and/or impose an administrative penalty in accordance with such | |
2 | regulations promulgated by the department for any violation of this section or the regulations. In | |
3 | addition, any violation of this section or the regulations promulgated pursuant to this subsection | |
4 | and subsection (d) shall cause a licensed medical marijuana cultivator to lose the protections | |
5 | described in subsection (m) and may subject the licensed medical marijuana cultivator to arrest and | |
6 | prosecution under Chapter 28 of title 21 (the Rhode Island Controlled Substances Act). | |
7 | (f) Medical marijuana cultivators shall be subject to any regulations promulgated by the | |
8 | department of health or department of business regulation that specify how marijuana must be | |
9 | tested for items, including, but not limited to, potency, cannabinoid profile, and contaminants. | |
10 | (g) Medical marijuana cultivators shall be subject to any product labeling requirements | |
11 | promulgated by the department of business regulation and the department of health. | |
12 | (h) Notwithstanding any other provisions of the general laws, the manufacture of marijuana | |
13 | using a solvent extraction process that includes the use of a compressed, flammable gas as a solvent | |
14 | by a licensed medical marijuana cultivator shall not be subject to the protections of this chapter. | |
15 | (i) Medical marijuana cultivators shall only be licensed to grow marijuana at a single | |
16 | location, registered with the department of business regulation and the department of public safety | |
17 | unless the cultivator’s license is held by a compassion center which was approved by the | |
18 | department of health or renewed by the department of business regulation prior to July 1, 2019. | |
19 | The department of business regulation may promulgate regulations governing where cultivators are | |
20 | allowed to grow. Medical marijuana cultivators must abide by all local ordinances, including | |
21 | zoning ordinances. | |
22 | (j) Inspection. Medical marijuana cultivators shall be subject to reasonable inspection by | |
23 | the department of business regulation or the department of health for the purposes of enforcing | |
24 | regulations promulgated pursuant to this chapter and all applicable Rhode Island general laws. | |
25 | (k) The cultivator applicant, unless they are an employee with no equity, ownership, | |
26 | financial interest, or managing control, shall apply to the bureau of criminal identification of the | |
27 | department of attorney general, department of public safety division of state police, or local police | |
28 | department for a national criminal records check that shall include fingerprints submitted to the | |
29 | Federal Bureau of Investigation. Upon the discovery of any disqualifying information as defined | |
30 | in subdivision (k)(2), and in accordance with the rules promulgated by the director of the | |
31 | department of business regulation, the bureau of criminal identification of the department of | |
32 | attorney general, department of public safety division of state police, or the local police department | |
33 | shall inform the applicant, in writing, of the nature of the disqualifying information; and, without | |
34 | disclosing the nature of the disqualifying information, shall notify the department of business | |
|
| |
1 | regulation, in writing, that disqualifying information has been discovered. | |
2 | (1) In those situations in which no disqualifying information has been found, the bureau of | |
3 | criminal identification of the department of attorney general, department of public safety division | |
4 | of state police, or the local police department shall inform the applicant and the department of | |
5 | business regulation, in writing, of this fact. | |
6 | (2) Information produced by a national criminal records check pertaining to a conviction | |
7 | for a felony drug offense or a plea of nolo contendere for a felony drug offense and received a | |
8 | sentence of probation shall result in a letter to the applicant and the department of business | |
9 | regulation disqualifying the applicant. | |
10 | (3) The except for employees, cultivator applicant shall be responsible for any expense | |
11 | associated with the national criminal records check. | |
12 | (l) Persons issued medical marijuana cultivator licenses shall be subject to the following: | |
13 | (1) A licensed medical marijuana cultivator cardholder shall notify and request approval | |
14 | from the department of business regulation of any change in his or her name or address within ten | |
15 | (10) days of such change. A cultivator cardholder who fails to notify the department of business | |
16 | regulation of any of these changes is responsible for a civil infraction, punishable by a fine of no | |
17 | more than one hundred fifty dollars ($150). | |
18 | (2) When a licensed medical marijuana cultivator cardholder notifies the department of | |
19 | business regulation of any changes listed in this subsection, the department of business regulation | |
20 | shall issue the cultivator cardholder a new license registry identification card after the department | |
21 | approves the changes and receives from the licensee payment of a fee specified in regulation. | |
22 | (3) If a licensed medical marijuana cultivator cardholder loses his or her license card, he or | |
23 | she shall notify the department of business regulation and submit a fee specified in regulation within | |
24 | ten (10) days of losing the license card. The department of business regulation shall issue a new | |
25 | license card with a new random identification number. | |
26 | (4) A licensed medical marijuana cultivator cardholder shall notify the department of | |
27 | business regulation of any disqualifying criminal convictions as defined in subdivision (k)(2). The | |
28 | department of business regulation may choose to suspend and/or revoke his or her license license | |
29 | card after such notification. | |
30 | (5) If a licensed medical marijuana cultivator or cultivator cardholder violates any | |
31 | provision of this chapter or regulations promulgated hereunder as determined by the department of | |
32 | business regulation, his or her card and the issued license may be suspended and/or revoked. | |
33 | (m) Immunity: | |
34 | (1) No licensed medical marijuana cultivator shall be subject to prosecution; search, except | |
|
| |
1 | by the departments pursuant to subsection (j); seizure; or penalty in any manner, or denied any right | |
2 | or privilege, including, but not limited to, civil penalty or disciplinary action by a business, | |
3 | occupational, or professional licensing board or entity, solely for acting in accordance with this | |
4 | section to assist registered qualifying; | |
5 | (2) No licensed medical marijuana cultivator shall be subject to prosecution, seizure, or | |
6 | penalty in any manner, or denied any right or privilege, including, but not limited to, civil penalty | |
7 | or disciplinary action by a business, occupational, or professional licensing board or entity, for | |
8 | selling, giving, or distributing marijuana in whatever form and within the limits established by the | |
9 | department of business regulation to a licensed medical marijuana processor or registered | |
10 | compassion center. | |
11 | (3) No principal officers, board members, agents, volunteers, or employees of a licensed | |
12 | medical marijuana cultivator shall be subject to arrest, prosecution, search, seizure, or penalty in | |
13 | any manner, or denied any right or privilege, including, but not limited to, civil penalty or | |
14 | disciplinary action by a business, occupational, or professional licensing board or entity, solely for | |
15 | working for or with a licensed medical marijuana cultivator to engage in acts permitted by this | |
16 | section. | |
17 | (4) No state employee shall be subject to arrest, prosecution, or penalty in any manner, or | |
18 | denied any right or privilege, including, but not limited to, civil penalty, disciplinary action, | |
19 | termination, or loss of employee or pension benefits, for any and all conduct that occurs within the | |
20 | scope of his or her employment regarding the administration, execution, and/or enforcement of this | |
21 | act, and the provisions of §§ 9-31-8 and 9-31-9 shall be applicable to this section. | |
22 | (n) License required. No person or entity shall engage in activities described in this § 21- | |
23 | 28.6-16 without a medical marijuana cultivator license issued by the department of business | |
24 | regulation. | |
25 | 21-28.6-16.2. Medical marijuana testing laboratories -- Immunity. | |
26 | (a) No medical marijuana cannabis testing laboratory shall be subject to prosecution; search | |
27 | (except by the departments pursuant to regulations); seizure; or penalty in any manner, or denied | |
28 | any right or privilege, including, but not limited to, civil penalty or disciplinary action by a business, | |
29 | occupational, or professional licensing board or entity, solely for acting in accordance with the act | |
30 | and regulations promulgated hereunder to assist licensees. | |
31 | (b) No medical marijuana cannabis testing laboratory shall be subject to prosecution, search | |
32 | (except by the departments pursuant to regulations), seizure, or penalty in any manner, or denied | |
33 | any right or privilege, including, but not limited to, civil penalty or disciplinary action, by a | |
34 | business, occupational, or professional licensing board or entity, for selling, giving, or distributing | |
|
| |
1 | marijuana in whatever form, and within the limits established by, the department of health to | |
2 | another medical marijuana cannabis testing laboratory. | |
3 | (c) No principal officers, board members, agents, volunteers, or employees of a medical | |
4 | marijuana cannabis testing laboratory shall be subject to arrest, prosecution, search, seizure, or | |
5 | penalty in any manner, or denied any right or privilege, including, but not limited to, civil penalty | |
6 | or disciplinary action by a business, occupational, or professional licensing board or entity, solely | |
7 | for working for or with a medical marijuana cannabis testing laboratory to engage in acts permitted | |
8 | by the act and the regulations promulgated hereunder. | |
9 | (d) No state employee shall be subject to arrest, prosecution or penalty in any manner, or | |
10 | denied any right or privilege, including, but not limited to, civil penalty, disciplinary action, | |
11 | termination, or loss of employee or pension benefits, for any and all conduct that occurs within the | |
12 | scope of his or her employment regarding the administration, execution and/or enforcement of this | |
13 | act, and the provisions of §§ 9-31-8 and 9-31-9 shall be applicable to this section. | |
14 | 21-28.6-17. Revenue. | |
15 | (a) Effective July 1, 2016, all fees collected by the departments of health and business | |
16 | regulation from applicants, registered patients, primary caregivers, authorized purchasers, licensed | |
17 | medical marijuana cultivators, licensed medical marijuana processors, cooperative cultivations, | |
18 | compassion centers, other licensees licensed pursuant to this chapter, and compassion-center and | |
19 | other registry identification cardholders shall be placed in restricted-receipt accounts to support the | |
20 | state's medical marijuana program, including but not limited to, payment of expenses incurred by | |
21 | the departments of health and business regulation for the administration of the program. The | |
22 | restricted receipt account will be known as the “medical marijuana licensing account” or the | |
23 | “medical marijuana licensing program” account and will be housed within the budgets of the | |
24 | departments of business regulation, health, revenue and public safety, and the executive office of | |
25 | health and human services. All amounts deposited into the medical marijuana licensing account or | |
26 | the marijuana licensing program account shall be exempt from the indirect cost recovery provisions | |
27 | of § 35-4-27. | |
28 | (b) All revenues remaining in the restricted-receipt accounts after payments specified in | |
29 | subsection (a) of this section shall first be paid to cover any existing deficit in the department of | |
30 | health's restricted-receipt account or the department of business regulation's restricted-receipt | |
31 | account. These transfers shall be made annually on the last business day of the fiscal year. | |
32 | (c) All revenues remaining in the restricted-receipt accounts after payments specified in | |
33 | subsections (a) and (b) shall be paid into the state's general fund. These payments shall be made | |
34 | annually on the last business day of the fiscal year. | |
|
| |
1 | SECTION 6. Chapter 21-28.6 of the General Laws entitled “The Edward O. Hawkins and | |
2 | Thomas C. Slater Medical Marijuana Act” is hereby amended by adding thereto the following | |
3 | sections: | |
4 | 21-28.6-16.1 Licensed medical marijuana processors. | |
5 | (a) A medical marijuana processor licensed under this section may acquire marijuana from | |
6 | licensed medical marijuana cultivators, another licensed medical marijuana processor, compassion | |
7 | centers, or another marijuana establishment licensee, in accordance with regulations promulgated | |
8 | by the department of business regulation. A licensed medical marijuana processor may possess, | |
9 | manufacture, or process marijuana into marijuana products in accordance with regulations | |
10 | promulgated by the department of business regulation. A licensed medical marijuana processor | |
11 | may deliver, or transfer marijuana products to licensed compassion centers or another licensed | |
12 | medical marijuana processor, or any other marijuana establishment licensee, in accordance with | |
13 | regulations promulgated by the department of business regulation. A licensed medical marijuana | |
14 | processor shall not be a primary caregiver cardholder and shall not hold a cooperative cultivation | |
15 | license. A licensed medical marijuana processor shall not grow, cultivate, sell, or dispense medical | |
16 | marijuana unless the licensed medical marijuana processor has also been issued a medical | |
17 | marijuana cultivator license or compassion center registration by the department of business | |
18 | regulation and pursuant to regulations promulgated by the department of business regulation. The | |
19 | department of business regulation may restrict the number, types, and classes of medical marijuana | |
20 | licenses an applicant may be issued through regulations promulgated by the department. Except as | |
21 | specifically provided to the contrary, all provisions of the Edward O. Hawkins and Thomas C. | |
22 | Slater Medical Marijuana Act, §§ 21-28.6-1 et seq., apply to a licensed medical marijuana processor | |
23 | unless they conflict with a provision contained in this § 21-28.6-16.1. | |
24 | (b) Licensing of medical marijuana processor – Department of business regulation | |
25 | authority. The department of business regulation shall promulgate regulations governing the | |
26 | manner in which it shall consider applications for the licensing of medical marijuana processors, | |
27 | including but not limited to regulations governing: | |
28 | (1) The form and content of licensing and renewal applications; | |
29 | (2) Minimum oversight requirements for licensed medical marijuana processors; | |
30 | (3) Minimum record-keeping requirements for medical marijuana processors; | |
31 | (4) Minimum security requirements for medical marijuana processors; and | |
32 | (5) Procedures for suspending, revoking, or terminating the license of medical marijuana | |
33 | processors that violate any provisions of this chapter or the regulations promulgated hereunder. | |
34 | (6) Applicable application and license fees. | |
|
| |
1 | (c) A medical marijuana processor license issued by the department of business regulation | |
2 | shall expire one year after it was issued and the licensed medical marijuana processor may apply | |
3 | for renewal with the department in accordance with its regulations pertaining to licensed medical | |
4 | marijuana processors. | |
5 | (d) The department of business regulation may promulgate regulations that govern how | |
6 | much marijuana a licensed medical marijuana processor may possess. All marijuana possessed by | |
7 | a licensed medical marijuana processor must be catalogued in a seed to sale inventory tracking | |
8 | system in accordance with regulations promulgated by the department of business regulation. | |
9 | (e) Medical marijuana processors shall only sell processed or manufactured marijuana | |
10 | products to licensed compassion centers, another licensed medical marijuana processor or a | |
11 | marijuana establishment licensee, in accordance with regulations promulgated by the department | |
12 | of business regulation. The department may suspend and/or revoke the medical marijuana | |
13 | processor's license and the license of any officer, director, employee, or agent of such medical | |
14 | marijuana processor and/or impose an administrative penalty in accordance with such regulations | |
15 | promulgated by the department for any violation of this section or the regulations. In addition, any | |
16 | violation of this section or the regulations promulgated pursuant to this subsection and subsection | |
17 | (d) shall cause a licensed medical marijuana processor to lose the protections described in | |
18 | subsection (m) and may subject the licensed medical marijuana processor to arrest and prosecution | |
19 | under Chapter 28 of title 21 (the Rhode Island Controlled Substances Act). | |
20 | (f) Medical marijuana processors shall be subject to any regulations promulgated by the | |
21 | department of health or department of business regulation that specify how marijuana must be | |
22 | tested for items, including, but not limited to, potency, cannabinoid profile, and contaminants; | |
23 | (g) Medical marijuana processors shall be subject to any product labeling requirements | |
24 | promulgated by the department of business regulation and the department of health; | |
25 | (h) Medical marijuana processors shall only be licensed to manufacture and process | |
26 | marijuana at a single location, registered with the department of business regulation and the | |
27 | department of public safety unless the medical marijuana processor license is held by a registered | |
28 | compassion center which was approved by the department of health or renewed by the department | |
29 | of business regulation prior to July 1, 2019. The department of business regulation may promulgate | |
30 | regulations governing where medical marijuana processors are allowed to operate. Medical | |
31 | marijuana processors must abide by all local ordinances, including zoning ordinances. | |
32 | (i) Inspection. Medical marijuana processors shall be subject to reasonable inspection by | |
33 | the department of business regulation or the department of health for the purposes of enforcing | |
34 | regulations promulgated pursuant to this chapter and all applicable Rhode Island general laws. | |
|
| |
1 | (j) The medical marijuana processor applicant, unless they are an employee with no equity, | |
2 | ownership, financial interest, or managing control, shall apply to the bureau of criminal | |
3 | identification of the department of attorney general, department of public safety division of state | |
4 | police, or local police department for a national criminal records check that shall include | |
5 | fingerprints submitted to the Federal Bureau of Investigation. Upon the discovery of any | |
6 | disqualifying information as defined in subdivision (j)(2), and in accordance with the rules | |
7 | promulgated by the director of the department of business regulation, the bureau of criminal | |
8 | identification of the department of attorney general, department of public safety division of state | |
9 | police, or the local police department shall inform the applicant, in writing, of the nature of the | |
10 | disqualifying information; and, without disclosing the nature of the disqualifying information, shall | |
11 | notify the department of business regulation, in writing, that disqualifying information has been | |
12 | discovered. | |
13 | (1) In those situations in which no disqualifying information has been found, the bureau of | |
14 | criminal identification of the department of attorney general, department of public safety division | |
15 | of state police, or the local police department shall inform the applicant and the department of | |
16 | business regulation, in writing, of this fact. | |
17 | (2) Information produced by a national criminal records check pertaining to a conviction | |
18 | for a felony drug offense or a plea of nolo contendere for a felony drug offense and received a | |
19 | sentence of probation shall result in a letter to the applicant and the department of business | |
20 | regulation disqualifying the applicant. | |
21 | (3) The medical marijuana processor applicant, unless an employee, shall be responsible | |
22 | for any expense associated with the national criminal records check. | |
23 | (k) Persons issued medical marijuana processor licenses or registration card shall be subject | |
24 | to the following: | |
25 | (1) A licensed medical marijuana processor cardholder shall notify and request approval | |
26 | from the department of business regulation of any change in his or her name or address within ten | |
27 | (10) days of such change. A medical marijuana processor cardholder who fails to notify the | |
28 | department of business regulation of any of these changes is responsible for a civil infraction, | |
29 | punishable by a fine of no more than one hundred fifty dollars ($150). | |
30 | (2) When a licensed medical marijuana processor cardholder notifies the department of | |
31 | business regulation of any changes listed in this subsection, the department of business regulation | |
32 | shall issue the medical marijuana processor cardholder a new license or registry identification card | |
33 | after the department approves the changes and receives from the licensee payment of a fee specified | |
34 | in regulation. | |
|
| |
1 | (3) If a licensed medical marijuana processor cardholder loses his or her registry | |
2 | identification card, he or she shall notify the department of business regulation and submit a fee | |
3 | specified in regulation within ten (10) days of losing the registry identification cared. The | |
4 | department of business regulation shall issue a new registry identification card with a new random | |
5 | identification number. | |
6 | (4) A licensed medical marijuana processor cardholder shall notify the department of | |
7 | business regulation of any disqualifying criminal convictions as defined in subdivision (j)(2). The | |
8 | department of business regulation may choose to suspend and/or revoke his or her card after such | |
9 | notification. | |
10 | (5) If a licensed medical marijuana processor or medical marijuana processor cardholder | |
11 | violates any provision of this chapter or regulations promulgated hereunder as determined by the | |
12 | department of business regulation, his or her card or the issued license may be suspended and/or | |
13 | revoked. | |
14 | (l) Immunity: | |
15 | (1) No licensed medical marijuana processor shall be subject to prosecution; search, except | |
16 | by the departments pursuant to subsection (j); seizure; or penalty in any manner, or denied any right | |
17 | or privilege, including, but not limited to, civil penalty or disciplinary action by a business, | |
18 | occupational, or professional licensing board or entity, solely for acting in accordance with this | |
19 | chapter; | |
20 | (2) No licensed medical marijuana processor shall be subject to prosecution, seizure, or | |
21 | penalty in any manner, or denied any right or privilege, including, but not limited to, civil penalty | |
22 | or disciplinary action by a business, occupational, or professional licensing board or entity, for | |
23 | selling, giving, or distributing marijuana in whatever form and within the limits established by the | |
24 | department of business regulation to another licensed medical marijuana processor or registered | |
25 | compassion center; | |
26 | (3) No principal officers, board members, agents, volunteers, or employees of a licensed | |
27 | medical marijuana processor shall be subject to arrest, prosecution, search, seizure, or penalty in | |
28 | any manner, or denied any right or privilege, including, but not limited to, civil penalty or | |
29 | disciplinary action by a business, occupational, or professional licensing board or entity, solely for | |
30 | working for or with a licensed medical marijuana processor to engage in acts permitted by this | |
31 | section. | |
32 | (4) No state employee shall be subject to arrest, prosecution, or penalty in any manner, or | |
33 | denied any right or privilege, including, but not limited to, civil penalty, disciplinary action, | |
34 | termination, or loss of employee or pension benefits, for any and all conduct that occurs within the | |
|
| |
1 | scope of his or her employment regarding the administration, execution, and/or enforcement of this | |
2 | act, and the provisions of §§ 9-31-8 and 9-31-9 shall be applicable to this section. | |
3 | (m) License required. No person or entity shall engage in activities described in this § 21- | |
4 | 28.6-16.1 without a medical marijuana processor license issued by the department of business | |
5 | regulation. | |
6 | 21-28.6-16.3. Other Supporting Medical Marijuana Licenses. | |
7 | (a) The department of business regulation shall have the authority to promulgate | |
8 | regulations to create and implement additional types and classes of commercial medical marijuana | |
9 | licenses, including but not limited to, licenses for businesses to engage in marijuana destruction, | |
10 | delivery, disposal, research and development, transportation or any other commercial activity | |
11 | needed to support licensed medical marijuana cultivators, licensed medical marijuana processors, | |
12 | compassion centers, licensed cannabis testing facilities and patient need; provided no license | |
13 | created by the department shall allow for the retail sale of medical marijuana to registered | |
14 | cardholders. | |
15 | (b) The department of business regulation shall promulgate regulations governing the | |
16 | manner in which it shall consider applications for issuing additional medical marijuana licenses, | |
17 | including but not limited to, regulations governing: | |
18 | (1) The form and content of licensing and renewal applications; | |
19 | (2) Minimum oversight requirements for additional medical marijuana license holders; | |
20 | (3) Minimum record-keeping requirements for additional medical marijuana license | |
21 | holders; | |
22 | (4) Minimum security requirements for additional medical marijuana license holders; | |
23 | (5) Procedures for suspending, revoking, or terminating the licenses of licensees that | |
24 | violate the provisions of this chapter or the regulations promulgated pursuant to this chapter; and | |
25 | (6) Applicable application and license fees. | |
26 | (c) Any applicant, employee, officer, director, manager, member or agent of a holder of a | |
27 | license issued by the department of business regulation pursuant to this section and the regulations | |
28 | shall be required to obtain a registry identification card from the division subject to the requirements | |
29 | and fees set by the department pursuant to the regulations provided that employees with no | |
30 | ownership, equity stake, financial interest, or managing control shall not be required to submit to a | |
31 | criminal background check to obtain a registry identification card. | |
32 | (d) With respect to any licenses and registrations issued by the department of business | |
33 | regulation pursuant to this chapter, the department of business regulation shall be entitled to charge | |
34 | application, license and registration fees as set by the department of business regulation and set | |
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| |
1 | forth in regulations promulgated here under. | |
2 | SECTION 7. Title 21 of the General Laws entitled "FOOD AND DRUGS" is hereby | |
3 | amended by adding thereto the following chapters 28.10 and 28.11: | |
4 | CHAPTER 28.10 | |
5 | ADULT USE OF MARIJUANA ACT | |
6 | 21-28.10-1. Short title. | |
7 | This chapter shall be known and may be cited as the "Adult Use of Marijuana Act." | |
8 | 21-28.10-2. Legislative Findings. | |
9 | The general assembly finds and declares that: | |
10 | (1) Prohibiting the possession, cultivation, and sale of cannabis to adults has proven to be | |
11 | an ineffective policy for the State of Rhode Island. In the absence of a legal, tightly regulated | |
12 | market, an illicit cannabis industry has thrived, undermining the public health, safety and welfare | |
13 | of Rhode Islanders. | |
14 | (2) Regional and national shifts in cannabis policy are providing Rhode Island adults with | |
15 | easy access to cannabis and marijuana products manufactured and sold from other states, | |
16 | contributing to the funds these states use to safeguard public health, safety and welfare within their | |
17 | borders, while providing no funds to the State of Rhode Island to address the public health, safety | |
18 | and welfare externalities that come with increased access to cannabis, including marijuana. | |
19 | (3) It is in the best interests of the of the State of Rhode Island to implement a new | |
20 | regulatory framework and tax structure for the commercial production and sale of cannabis and | |
21 | cannabis products, all aspects of which shall be tightly regulated and controlled by the provisions | |
22 | of this act and the office of cannabis regulation created herein, the revenue from which is to be used | |
23 | to tightly regulate cannabis and cannabis products and to study and mitigate the risks and | |
24 | deleterious impacts that cannabis and marijuana use may have on the citizens and State of Rhode | |
25 | Island. | |
26 | 21-28.10-3. Definitions. | |
27 | For purposes of this chapter: | |
28 | (1) “Cannabis” means all parts of the plant of the genus marijuana, also known as | |
29 | marijuana sativa L, whether growing or not; the seeds thereof; the resin extracted from any | |
30 | part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation | |
31 | of the plant, its seeds, or resin regardless of cannabinoid content or cannabinoid potency including | |
32 | “marijuana”, and “industrial hemp” or “industrial hemp products” which satisfy the requirements | |
33 | of chapter 2-26 of the general laws and the regulations promulgated thereunder. | |
34 | (2) “Department” or “department of business regulation” means the office of cannabis | |
|
| |
1 | regulation within the department of business regulation or its successor agency. | |
2 | (3) "Dwelling unit" means a room or group of rooms within a residential dwelling used | |
3 | or intended for use by one family or household, or by no more than three (3) unrelated | |
4 | individuals, with facilities for living, sleeping, sanitation, cooking, and eating. | |
5 | (4) "Industrial Hemp" means the plant of the genus cannabis and any part of such plant, | |
6 | whether growing or not, with a delta-9 tetrahydrocannabinol concentration that does not exceed | |
7 | three-tenths percent (0.3%) on a dry-weight basis of any part of the plant cannabis, or per volume | |
8 | or weight of cannabis product or the combined percent of delta-9 tetrahydrocannabinol and | |
9 | tetrahydrocannabinolic acid in any part of the plant cannabis regardless of the moisture content, | |
10 | which satisfy the requirements of chapter 2-26 of the general laws and the regulations promulgated | |
11 | thereunder. | |
12 | (5) "Industrial Hemp products" means all products made from industrial hemp plants, | |
13 | including, but not limited to, concentrated oil, cloth, cordage, fiber, food, fuel, paint, paper, | |
14 | construction materials, plastics, seed, seed meal, seed oil, and certified for cultivation which satisfy | |
15 | the requirements of chapter 2-26 of the general laws and the regulations promulgated thereunder. | |
16 | (6) "Marijuana" means all parts of the plant cannabis sativa L., whether growing or not; | |
17 | the seeds of the plant; the resin extracted from any part of the plant; and every compound, | |
18 | manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin, but shall not | |
19 | include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the | |
20 | seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of | |
21 | mature stalks, (except the resin extracted from it), fiber, oil or cake, or the sterilized seed from the | |
22 | plant which is incapable of germination. Marijuana shall not include “industrial hemp” or” | |
23 | industrial hemp products” which satisfy the requirements of chapter 2-26 of the general laws and | |
24 | the regulations promulgated thereunder. | |
25 | (7) "Marijuana cultivation facility" means an entity that is licensed pursuant to | |
26 | chapter 21-28.11 of title 21, to be exempt from state penalties for cultivating, preparing, | |
27 | packaging, and selling or transferring marijuana to a marijuana retailer, marijuana processor, | |
28 | another marijuana cultivation facility, cannabis testing laboratory, or another marijuana | |
29 | establishment licensed by the office of cannabis regulation, in accordance with regulations | |
30 | promulgated by the office of cannabis regulation but not for manufacturing, processing or selling | |
31 | marijuana products or selling marijuana at retail or otherwise to the general public. | |
32 | (8) "Marijuana establishment" and “marijuana establishment licensee” means any person | |
33 | or entity licensed by the office of cannabis regulation under chapter 21-28.11 or chapter 21-28.6 | |
34 | whose license permits it to engage in or conduct activities in connection with the adult use | |
|
| |
1 | marijuana industry or medical marijuana program and includes but is not limited to a licensed | |
2 | marijuana cultivation facility, marijuana processor, marijuana retailer, marijuana testing facility, | |
3 | compassion center, medical marijuana cultivator, medical marijuana processor, or any other license | |
4 | issued by the office of cannabis regulation under chapter 21-28.11 or chapter 21-28.6 and/or as | |
5 | specified and defined in regulations promulgated by the office of cannabis regulation. | |
6 | (9) "Marijuana paraphernalia" means equipment, products, and materials which are | |
7 | used or intended for use in planting, propagating, cultivating, growing, harvesting, | |
8 | manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, | |
9 | packaging, repackaging, storing, containing, concealing, ingesting, or inhaling marijuana, or | |
10 | otherwise introducing marijuana into the human body. | |
11 | (10) "Marijuana processor" means an entity licensed pursuant to chapter 21-28.11 of | |
12 | title 21 to be exempt from state penalties for purchasing marijuana from marijuana cultivation | |
13 | facilities, other marijuana processors, or other marijuana establishments, in accordance with | |
14 | regulations promulgated by the office of cannabis regulation; and manufacturing or processing | |
15 | marijuana products, selling, giving, or transferring marijuana products to a marijuana | |
16 | retailer, marijuana testing facility, or other marijuana establishments, in accordance with | |
17 | regulations promulgated by the office of cannabis regulation but not for selling marijuana or | |
18 | marijuana products at retail or otherwise to the general public. | |
19 | (11) "Marijuana products" means any form of marijuana, including concentrated | |
20 | marijuana and products that are comprised of marijuana and other ingredients that are intended | |
21 | for use or consumption, such as, but not limited to, extracts, infusions, edible products, | |
22 | ointments, and tinctures, as further defined in regulations promulgated by the office of cannabis | |
23 | regulation. | |
24 | (12) "Marijuana retailer" means an entity that is licensed pursuant to chapter 21-28.11 | |
25 | of title 21 to be exempt from state penalties for purchasing marijuana from marijuana | |
26 | cultivation facilities, marijuana processors, or other marijuana establishments in accordance with | |
27 | regulations promulgated by the office of cannabis regulation, and selling marijuana, marijuana | |
28 | products, and marijuana paraphernalia to customers who are twenty-one (21) years of age or older | |
29 | in accordance with the provisions of this chapter, chapter 21-28.11 and rules and regulations | |
30 | promulgated by the office of cannabis regulation. | |
31 | (13) "Marijuana testing facility" and “cannabis testing laboratory” means a third party | |
32 | analytical testing laboratory licensed by the departments of health and office of cannabis regulation | |
33 | to collect and test samples of cannabis pursuant to regulations promulgated by the departments. | |
34 | (14) “Office of cannabis regulation” means the office of cannabis regulation within the | |
|
| |
1 | department of business regulation. | |
2 | (15) "Public place" means any street, alley, park, sidewalk, public building other | |
3 | than individual dwellings, or any place of business or assembly open to or frequented by the | |
4 | public, and any other place to which the public has access. | |
5 | (16) "Smoke" or "smoking" means heating to at least the point of combustion, causing | |
6 | plant material to burn, inhaling, exhaling, burning, or carrying any lighted or heated cigarette, pipe, | |
7 | weed, plant, other marijuana product in any manner or in any form intended for inhalation in any | |
8 | manner or form and includes but is not limited to the use of electronic cigarettes, electronic pipes, | |
9 | electronic marijuana delivery system products, or other similar products that rely on vaporization | |
10 | or aerosolization. | |
11 | . (17) "State prosecution" means prosecution initiated or maintained by the state of | |
12 | Rhode Island or an agency or political subdivision of the state of Rhode Island. | |
13 | (18) “Vaporize” or “vape” means heating below the point of combustion and resulting | |
14 | in a vapor or mist. | |
15 | (19) "Equivalent amount" means the portion of usable marijuana, be it in extracted, edible, | |
16 | concentrated, or any other form, found to be equal to a portion of dried, marijuana, as defined by | |
17 | regulations promulgated by the office of cannabis regulation. | |
18 | (20) “Cannabis plant” means a cannabis plant, rooted or unrooted, mature, or immature, | |
19 | with or without flowers or buds. | |
20 | 21-28.10-4. Exempt activities. | |
21 | Effective from and after January 1, 2020, except as otherwise provided in this chapter: | |
22 | (1) A person who is twenty-one (21) years of age or older is exempt from arrest, civil | |
23 | or criminal penalty, seizure or forfeiture of assets, discipline by any state or local licensing | |
24 | board, and state prosecution for solely engaging in the following acts: | |
25 | (i) Actually or constructively using, obtaining, purchasing, transporting, or possessing | |
26 | one ounce (1 oz.) or less of marijuana plant material, or an equivalent amount of marijuana product | |
27 | as determined by regulations promulgated by the office of cannabis regulation, provided that a | |
28 | person who is twenty-one (21) years of age or older may only purchase one ounce (1 oz.) of | |
29 | marijuana plant material, or an equivalent amount of marijuana product as determined by | |
30 | regulations promulgated by the department of office of cannabis regulation per day; | |
31 | (ii) Possessing in the person’s primary residence in secured and locked storage five | |
32 | ounces (5 oz) or less of marijuana plant material or an equivalent amount of marijuana product as | |
33 | determined by regulations promulgated by the office of cannabis regulation, or possessing in any | |
34 | dwelling unit used as the a primary residence by two or more persons who are each twenty-one | |
|
| |
1 | (21) years of age or older in secured and locked storage ten ounces (10 oz.) or less of marijuana | |
2 | plant material or an equivalent amount of marijuana product as determined by regulations | |
3 | promulgated by the office of cannabis regulation; | |
4 | (iii) Controlling any premises or vehicle where persons who are twenty-one (21) years | |
5 | of age or older possess, process, or store amounts of marijuana plant material and marijuana | |
6 | products that are legal under state law under subsections (1)(i) and (1)(ii) of this section, provided | |
7 | that any and all marijuana plant material and/or marijuana products in a vehicle are sealed, unused, | |
8 | and in their original unopened packaging; | |
9 | (iv) Giving away, without consideration, the amounts of marijuana and marijuana | |
10 | products that are legal under state law under subsection (1)(i) of this section, if the recipient is | |
11 | a person who is twenty-one (21) years of age or older, provided the gift or transfer of marijuana | |
12 | is not advertised or promoted to the public and the gift or transfer of marijuana is not in conjunction | |
13 | with the sale or transfer of any money, consideration or value, or another item or any other services | |
14 | in an effort to evade laws governing the sale of marijuana; | |
15 | (v) Aiding and abetting another person who is twenty-one (21) years of age or older | |
16 | in the actions allowed under this chapter; and | |
17 | (vi) Any combination of the acts described within subsections (1)(i) through (1)(v) of | |
18 | this section, inclusive. | |
19 | (2) Except as provided in this chapter and chapter 28.11 of title 21, a marijuana | |
20 | retailer or any person who is twenty-one (21) years of age or older and acting in their | |
21 | capacity as an owner, principal officer, partner, board member, employee, or agent of a retailer is | |
22 | exempt from arrest, civil or criminal penalty, seizure or forfeiture of assets, discipline by any | |
23 | state or local licensing board, and state prosecution for solely engaging in the following acts: | |
24 | (i) Actually or constructively transporting or possessing marijuana or marijuana | |
25 | products that were purchased from a marijuana cultivation facility, a marijuana processor, another | |
26 | marijuana retailer, or any other marijuana establishment in accordance with regulations | |
27 | promulgated by the office of cannabis regulation; | |
28 | (ii) Manufacturing, possessing, producing, obtaining, or purchasing marijuana | |
29 | paraphernalia; | |
30 | (iii) Selling, delivering, or transferring marijuana or marijuana products to another retailer | |
31 | in accordance with regulations promulgated by the office of cannabis regulation; | |
32 | (iv) Selling, transferring, or delivering, no more than, one ounce (1 oz.) of marijuana, | |
33 | or an equivalent amount of marijuana product per day, or marijuana paraphernalia to any person | |
34 | who is twenty-one (21) years of age or older, in accordance with regulations promulgated by the | |
|
| |
1 | office of cannabis regulation and within the transaction limits of this chapter, chapter 21-28.11 and | |
2 | transactions limits specified in regulations promulgated by the office of cannabis regulation; | |
3 | (v) Transferring or delivering marijuana or marijuana products to a cannabis | |
4 | testing facility in accordance with regulations promulgated by the office of cannabis regulation; | |
5 | (vi) Controlling any premises or vehicle where marijuana, marijuana products, | |
6 | and marijuana paraphernalia are possessed, sold, or deposited in a manner that is not in | |
7 | conflict with this chapter or the regulations pursuant thereto; and | |
8 | (vii) Any combination of the acts described within subsections (2)(i) through (2)(vi) | |
9 | of this section, inclusive. | |
10 | (3) Except as provided in this chapter and chapter 28.11 of title 21, a marijuana | |
11 | cultivation facility or any person who is twenty-one (21) years of age or older and acting in | |
12 | their capacity as an owner, principal officer, partner, board member, employee, or agent of a | |
13 | marijuana cultivation facility is exempt from arrest, civil or criminal penalty, seizure or | |
14 | forfeiture of assets, discipline by any state or local licensing board, and state prosecution for | |
15 | solely engaging in the following acts: | |
16 |
| |
17 | (i) Cultivating, packing, processing, transporting, or manufacturing marijuana, | |
18 | but not marijuana products, in accordance with regulations promulgated by the office of cannabis | |
19 | regulation; | |
20 | (ii) Transporting or possessing marijuana that was produced by the marijuana | |
21 | cultivation facility or another marijuana establishment, in accordance with regulations | |
22 | promulgated by the office of cannabis regulation; | |
23 | (iii) Selling, delivering, or transferring marijuana to a marijuana retailer, marijuana | |
24 | processor, a marijuana cultivation facility, or any other marijuana establishment, in accordance | |
25 | with regulations promulgated by the office of cannabis regulation; | |
26 | (iv) Purchasing marijuana from a marijuana cultivation facility; | |
27 | (v) Delivering or transferring marijuana to a marijuana testing facility; | |
28 | (vi) Controlling any premises or vehicle where marijuana is possessed, manufactured, | |
29 | sold, or deposited, in accordance with regulations promulgated by the office of cannabis | |
30 | regulation; and | |
31 | (vii) Any combination of the acts described within subsections (3)(i) through (3)(vi) | |
32 | of this section, inclusive. | |
33 | (4) Except as provided in this chapter and chapter 28.11 of title 21, a marijuana processor | |
34 | facility or any person who is twenty-one (21) years of age or older and acting in their capacity | |
|
| |
1 | as an owner, principal officer, partner, board member, employee, or agent of a marijuana | |
2 | processor facility is exempt from arrest, civil or criminal penalty, seizure or forfeiture of | |
3 | assets, discipline by any state or local licensing board, and state prosecution for solely engaging | |
4 | in the following acts: | |
5 | (i) Producing, manufacturing, packing, processing, or transporting marijuana products, | |
6 | in accordance with regulations promulgated by the office of cannabis regulation; | |
7 | (ii) Packing, processing, possessing, or transporting marijuana that was produced by a | |
8 | marijuana cultivation center in accordance with regulations promulgated by the office of cannabis | |
9 | regulation; | |
10 | (iii) Possessing, transporting, or producing marijuana paraphernalia; | |
11 | (iv) Manufacturing, possessing, or producing marijuana products, in accordance with | |
12 | regulations promulgated by the office of cannabis regulation; | |
13 | (v) Selling, delivering, or transferring marijuana products to a marijuana retailer, | |
14 | another marijuana processor, or any other marijuana establishment, in accordance with regulations | |
15 | promulgated by the office of cannabis regulation; | |
16 | (vi) Purchasing marijuana from a marijuana cultivation facility, or another | |
17 | marijuana processor, or any other marijuana establishment, in accordance with regulations | |
18 | promulgated by the office of cannabis regulation; | |
19 | (vii) Delivering or transferring marijuana or marijuana products to a cannabis | |
20 | testing facility; | |
21 |
| |
22 | (viii) Controlling any premises or vehicle where marijuana products and | |
23 | marijuana paraphernalia are possessed, manufactured, sold, or deposited; | |
24 | (ix) Controlling any premises or vehicle where marijuana is possessed, processed | |
25 | packaged, or deposited; and | |
26 | (x) Any combination of the acts described within subsections (4)(i) through (4)(ix) of | |
27 | this section, inclusive. | |
28 | (5) Except as provided in this chapter and chapter 28.11 of title 21, a cannabis | |
29 | testing facility or any person who is twenty-one (21) years of age or older and acting in their | |
30 | capacity as an owner, principal officer, owner, partner, board member, employee, or agent | |
31 | of a cannabis testing facility shall not be subject to state prosecution; search, except by the | |
32 | department of business regulation or department of health pursuant to §21-28.11-8; seizure; | |
33 | or penalty in any manner or be denied any right or privilege, including, but not | |
34 | limited to, civil penalty or disciplinary action by a court or business licensing board or entity | |
|
| |
1 | solely engaging in for the following acts: | |
2 | (i) Acquiring, transporting, storing, or possessing marijuana or marijuana products, in | |
3 | accordance with regulations promulgated by the office of cannabis regulation; | |
4 | (ii) Returning marijuana and marijuana products to marijuana cultivation facilities, | |
5 | marijuana processor facilities, marijuana retailers, other marijuana establishment licensees and | |
6 | industrial hemp license holders, in accordance with regulations promulgated by the office of | |
7 | cannabis regulation ; | |
8 | (iii) Receiving compensation for analytical testing, including but not limited to | |
9 | testing for contaminants and potency; and | |
10 | (iv) Any combination of the acts described within subsections (4)(i) through (4)(iii) | |
11 | of this section, inclusive. | |
12 | (6) The acts listed in subsections (1) through (5) of this section, when undertaken | |
13 | in compliance with the provisions of this chapter and regulations promulgated hereunder, are | |
14 | lawful under Rhode Island law. | |
15 | (7) Except as provided in this chapter and chapter 28.11 of title 21, a marijuana | |
16 | establishment licensee or any person who is twenty-one (21) years of age or older and | |
17 | acting in their capacity as an owner, principal officer, partner, board member, employee, or agent | |
18 | of a marijuana establishment licensee created by the office of cannabis regulation is exempt from | |
19 | arrest, civil or criminal penalty, seizure or forfeiture of assets, discipline by any state or | |
20 | local licensing board, and state prosecution solely for possessing, transferring, dispensing, or | |
21 | delivering marijuana in accordance with the corresponding marijuana establishment license | |
22 | regulations promulgated by the office of cannabis regulation, or otherwise engaging in activities | |
23 | permitted under the specific marijuana establishment license it holds as issued by the office of | |
24 | cannabis regulation and the regulations promulgated by the office of cannabis regulation. | |
25 | (8) Except for the exemption set forth in subsection (2)(iv) of this section which shall | |
26 | be effective from and after January 1, 2020, the exemptions set forth in subsections (2), (3), (4) and | |
27 | (5) of this section shall be effective as to a marijuana establishment licensee from and after the date | |
28 | of issuance of a license by the office of cannabis regulation. | |
29 | 21-28.10-5. Authorized activities; paraphernalia. | |
30 | (a) Any person who is twenty-one (21) years of age or older is authorized to manufacture, | |
31 | produce, use, obtain, purchase, transport, or possess, actually or constructively, marijuana | |
32 | paraphernalia in accordance with all applicable laws. | |
33 | (b) Any person who is twenty-one (21) years of age or older is authorized to distribute | |
34 | or sell marijuana paraphernalia to marijuana establishments or persons who are twenty-one | |
|
| |
1 | (21) years of age or older in accordance with all applicable laws. | |
2 | 21-28.10-6. Unlawful activities; penalties. | |
3 | (a) Except as expressly provided in this chapter and chapters 2-26 and 21-28.11, no person | |
4 | or entity shall cultivate, grow, manufacture, process, or otherwise produce cannabis, cannabis | |
5 | plants or cannabis products. | |
6 | (b) Any person who cultivates, grows, manufactures, processes, or otherwise produces | |
7 | cannabis, cannabis plants or cannabis products in violation of this chapter and chapters 2-26, 21- | |
8 | 28.6, 21-28.11, and/or the regulations promulgated hereunder shall be subject to imposition of an | |
9 | administrative penalty and order by the office of cannabis regulation as follows: | |
10 | (i) for a violation of this section involving one (1) to five (5) cannabis plants, an | |
11 | administrative penalty of $2,000 per plant and an order requiring forfeiture and/or destruction of | |
12 | said plants; | |
13 | (ii) for a violation of this section involving six (6) to ten (10) cannabis plants, an | |
14 | administrative penalty of $3,000 per plant and an order requiring forfeiture and/or destruction of | |
15 | said plants; | |
16 | (iii) for a violation of this section involving eleven (11) to twenty (20) cannabis plants, an | |
17 | administrative penalty of $4,000 per plant and an order requiring forfeiture and/or destruction of | |
18 | said plants; | |
19 | (iv) for a violation of this section involving more than twenty (20) cannabis plants, an | |
20 | administrative penalty of $5,000 per plant and an order requiring forfeiture and/or destruction of | |
21 | said plants; | |
22 | (v) for any violation of this section involving more than twenty (20) cannabis plants, such | |
23 | person and, in the case of an entity such entity’s principal officers and other key persons, shall also | |
24 | be guilty of a felony, and upon conviction shall be punished by imprisonment and a fine as provided | |
25 | in chapter 21-28 of the general laws and the attorney general shall prosecute such criminal | |
26 | violation; and | |
27 | (vi) for any violation of this section involving possession of marijuana material or | |
28 | marijuana products over the legal possession limits of this chapter, there shall be an administrative | |
29 | penalty of $2,000 per ounce of equivalent marijuana material over the legal possession limit and | |
30 | an order requiring forfeiture and/or destruction of said marijuana. | |
31 | 21-28.10-7. Activities not exempt. | |
32 | The provisions of this chapter do not exempt any person from arrest, civil or | |
33 | criminal penalty, seizure or forfeiture of assets, discipline by any state or local licensing | |
34 | board or authority, and state prosecution for, nor may they establish an affirmative defense | |
|
| |
1 | based on this chapter to charges arising from, any of the following acts: | |
2 | (1) Driving, operating, or being in actual physical control of a vehicle or a vessel | |
3 | under power or sail while impaired by marijuana or marijuana products; | |
4 | (2) Possessing marijuana or marijuana products if the person is a prisoner; | |
5 | (3) Possessing marijuana or marijuana products in any local detention facility, county | |
6 | jail, state prison, reformatory, or other correctional facility, including, without limitation, | |
7 | any facility for the detention of juvenile offenders; or | |
8 | (4) Manufacturing or processing of marijuana products with the use of prohibited | |
9 | solvents, in violation of § 21-28.10-12. | |
10 | 21-28.10-8. Marijuana use prohibitions. | |
11 | (a) No person shall smoke, vaporize or otherwise consume or use cannabis in a public | |
12 | place. A person who violates this section shall be subject to imposition of an administrative penalty | |
13 | by the office of cannabis regulation of one hundred fifty dollars ($150) per violation, in addition | |
14 | to and not in lieu of any applicable penalty or fine by the municipality where the public | |
15 | consumption or use occurred. | |
16 | (b) No person shall smoke or vaporize cannabis in, on or about the premises of any housing | |
17 | that is subject to regulation or otherwise within the purview of chapters 45-25, 45-26, 45-53 or 45- | |
18 | 60 of the general laws and any regulations promulgated thereunder. A person who smokes or | |
19 | vaporizes cannabis in, on or about such housing premises shall be subject to imposition of an | |
20 | administrative penalty by the office of cannabis regulation of one hundred fifty dollars ($150) per | |
21 | violation, in addition to and not in lieu of any applicable penalty, access prohibition or restriction, | |
22 | eviction or other action that may lawfully be taken by the owner and/or applicable authority with | |
23 | respect to said housing. | |
24 | (c) No person shall smoke or vaporize cannabis in, on or about the premises of any multi- | |
25 | unit housing complex or building without the written permission of the owner of such property | |
26 | and/or any applicable governing body of the housing complex or building. A person who smokes | |
27 | or vaporizes cannabis in, on or about any multi-unit housing complex or building premises without | |
28 | such written permission shall be subject to imposition of an administrative penalty by the office of | |
29 | cannabis regulation of one hundred fifty dollars ($150) per violation, in addition to and not in | |
30 | lieu of any applicable penalty, access prohibition or restriction, eviction or other action that may | |
31 | lawfully be taken by the owner and/or any applicable authority with respect to such multi- unit | |
32 | housing complex or building. | |
33 | (d) No person may smoke, vaporize or otherwise consume or use, sell, distribute or | |
34 | otherwise transfer or propose any such sale, distribution or transfer, cannabis or cannabis products | |
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1 | in, on or about the premises of any place of business, establishment, or club, whether public or | |
2 | private, and whether operated for-profit or nonprofit, or any commercial property or other premises | |
3 | as further defined through regulations promulgated by the office of cannabis regulation, unless a | |
4 | cannabis social use license or temporary cannabis social use permit has been issued by the office | |
5 | of cannabis regulation with respect to such business, establishment, club or commercial property | |
6 | premises in accordance with regulations promulgated by the office of cannabis regulation. Any | |
7 | person who violates this section shall be subject to imposition of administrative fine and/or other | |
8 | penalty as prescribed by the office of cannabis regulation in such regulations. | |
9 | 21-28.10-9. Places of employment. | |
10 | (a) The provisions of this chapter do not require employers to accommodate the | |
11 | use or possession of marijuana, or being under the influence of marijuana, in any workplace. | |
12 | (b) Employers may implement drug use policies which prohibit the use or possession of | |
13 | marijuana in the workplace or working under the influence of marijuana, provided that unless such | |
14 | use is prohibited pursuant to the terms of a collective bargaining agreement, an employer shall not | |
15 | fire or take disciplinary action against an employee solely for an employee’s private, lawful use of | |
16 | marijuana outside the workplace and so long as the employee has not and is not working under the | |
17 | influence of marijuana except to the extent that the employer is a federal contractor or otherwise | |
18 | subject to federal law or regulations such that failure to take such action would cause the employer | |
19 | to lose a monetary or licensing related benefit thereunder. | |
20 | 21-28.10-10. Private property. | |
21 | (a) Except as provided in this section, the provisions of this chapter do not require | |
22 | any person, corporation, or any other entity that occupies, owns, or controls a property to | |
23 | allow the consumption, or transfer of marijuana on or in that property. | |
24 | (b) Except as provided in this section, in the case of the rental of a residential dwelling | |
25 | unit governed by chapter 18 of title 34, a landlord may not prohibit the consumption of | |
26 | cannabis by non-smoked or non-vaporized means, or the transfer without compensation of | |
27 | cannabis by the tenant as defined in § 34-18-11, provided the tenant is in compliance with the | |
28 | possession and transfer limits and other requirements set forth in § 21-28.10-4(1)(i) and (iv), and | |
29 | provided any such consumption or transfer by the tenant is done within the tenant’s dwelling | |
30 | unit and is not visible from outside of the individual residential dwelling unit. A landlord | |
31 | may prohibit the consumption, display, and transfer of cannabis by a roomer as defined in | |
32 | §34-18-11 and by any other person who is not a tenant. | |
33 | 21-28.10-11. False age representation. | |
34 | (a) Any person who falsely represents themselves to be twenty-one (21) years of age or | |
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1 | older in order to obtain any marijuana, marijuana products, or marijuana paraphernalia | |
2 | pursuant to this chapter is guilty of a civil violation. | |
3 | (b) Any person who violates this section shall be subject to the following penalties | |
4 | which shall be enforced by the division of motor vehicles in accordance with chapter 11 of title 31 | |
5 | of the general laws and any regulations promulgated thereunder or hereunder: | |
6 | (i) for the first offense, imposition of a mandatory fine of not less than one hundred | |
7 | dollars ($100) nor more than five hundred dollars ($500), the requirement to perform thirty | |
8 | (30) hours of community service and suspension of his/her motor vehicle operator's license | |
9 | or permit and driving privileges for a period of thirty (30) days; | |
10 | (ii) for the second offense, imposition of a mandatory fine of not less than five hundred | |
11 | dollars ($500) nor more than seven hundred fifty dollars ($750), the requirement to perform | |
12 | forty (40) hours of community service and suspension of his/her motor vehicle operator's | |
13 | license or permit and driving privileges for a period of three (3) months; and | |
14 | (iii) for the third and subsequent offenses, imposition of a mandatory fine for each | |
15 | offense of not less than seven hundred fifty dollars ($750) nor more than one thousand dollars | |
16 | ($1,000), the requirement to perform by fifty (50) hours of community service and suspension | |
17 | of his/her motor vehicle operator's license or permit and driving privileges for a period of | |
18 | one (1) year. | |
19 | (c) In addition to and not in lieu of the penalties described in subsection (b), the department | |
20 | of elementary and secondary education and, with the prior approval of the department, any city, | |
21 | town or school district under its authority, may adopt and implement marijuana drug use policies | |
22 | which require students to face disciplinary actions including but not limited to, suspension, | |
23 | expulsion, community service, and prohibition from participation in school sanctioned events, for | |
24 | any violation of this section or for the possession or use of marijuana. The department of | |
25 | elementary and secondary education shall have the authority to adopt rules and regulations as are | |
26 | necessary and proper to carry out the foregoing. | |
27 | 21-28.10-12. Unlawful distribution to minors; penalties. | |
28 | (a) Except as expressly provided in chapters 21-28.6 of the general laws, no person or entity | |
29 | shall sell, deliver or otherwise transfer to any person who is under twenty-one (21) years of age | |
30 | marijuana, marijuana plants or marijuana products. | |
31 | (b) Any person or entity who sells, delivers or otherwise transfers marijuana, marijuana | |
32 | plants or marijuana products to any person who is under twenty-one (21) years of age violation of | |
33 | this chapter and chapter 21-28.11 and/or the regulations promulgated hereunder shall be subject to | |
34 | imposition of an administrative penalty by the office of cannabis regulation in the amount of | |
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1 | $10,000 per violation. | |
2 | (c) As to any violation of this section, such person, and in the case of an entity such entity’s | |
3 | principal officers and other key persons, shall also be guilty of a felony, and upon conviction shall | |
4 | be punished by imprisonment and a fine as provided in chapter 21-28 of the general laws and the | |
5 | attorney general shall prosecute such criminal violation. | |
6 | 21-28.10-13. Unlawful marijuana extraction, penalties. | |
7 | (a) No person, other than a licensed processor who is in compliance with this chapter, | |
8 | chapter 28.11 and accompanying regulations or an agent of a processor acting in that | |
9 | capacity, may extract compounds from marijuana using solvents other than water, glycerin, | |
10 | propylene glycol, vegetable oil, or food grade ethanol (ethyl alcohol). No person may extract | |
11 | compounds from marijuana using ethanol in the presence or vicinity of open flame. | |
12 | (b) A person who violates this section shall be subject to imposition of an administrative | |
13 | penalty by the office of cannabis regulation of up to five thousand dollars ($5,000) per violation. | |
14 | (c) A person who violates this section shall also be guilty of a felony punishable by | |
15 | imprisonment and a fine in accordance with chapter 21-28 of the general laws and the attorney | |
16 | general shall prosecute such criminal violation. | |
17 | CHAPTER 28.11 | |
18 | MARIJUANA REGULATION, CONTROL, AND TAXATION ACT | |
19 | 21-28.11-1. Short title. | |
20 | This chapter shall be known and may be cited as the "Marijuana Regulation, Control, | |
21 | and Taxation Act." | |
22 | 21-28.11-2. Definitions. | |
23 | For purposes of this chapter: | |
24 | (1) “Cannabis” means all parts of the plant of the genus marijuana, also known as | |
25 | marijuana sativa L, whether growing or not; the seeds thereof; the resin extracted from any | |
26 | part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation | |
27 | of the plant, its seeds, or resin regardless of cannabinoid content or cannabinoid potency including | |
28 | “marijuana”, and “industrial hemp” or “industrial hemp products” which satisfy the requirements | |
29 | of chapter 2-26 of the general laws and the regulations promulgated thereunder. | |
30 | (2) "Marijuana" means all parts of the plant cannabis sativa L., whether growing or not; | |
31 | the seeds of the plant; the resin extracted from any part of the plant; and every compound, | |
32 | manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin, but shall not | |
33 | include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the | |
34 | seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of | |
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1 | mature stalks, (except the resin extracted from it), fiber, oil or cake, or the sterilized seed from the | |
2 | plant which is incapable of germination. Marijuana shall not include “industrial hemp or” industrial | |
3 | hemp products” which satisfy the requirements of chapter 2-26 of the general laws and the | |
4 | regulations promulgated thereunder. | |
5 | (3) "Marijuana cultivation facility" means an entity that is licensed pursuant to chapter | |
6 | 28.11 of title 21, to be exempt from state penalties for cultivating, preparing, packaging, | |
7 | and selling marijuana to a marijuana retailer, a marijuana processor, another marijuana | |
8 | cultivation facility, cannabis testing laboratory, or another marijuana establishment licensed by the | |
9 | office of cannabis regulation, in accordance with regulations promulgated by the office of cannabis | |
10 | regulation; but not for manufacturing, processing or selling marijuana products or selling | |
11 | marijuana at retail or otherwise to the general public. | |
12 | (4) "Marijuana establishment" and “marijuana establishment licensee” means any person | |
13 | or entity licensed by the office of cannabis regulation under this chapter or chapter 21-28.6 whose | |
14 | license permits it to engage in or conduct activities in connection with the adult use marijuana | |
15 | industry or medical marijuana program and includes but is not limited to a licensed marijuana | |
16 | cultivation facility, marijuana processor, marijuana retailer, cannabis testing facility, compassion | |
17 | center, medical marijuana cultivator, medical marijuana processor or any other license issued by | |
18 | the office of cannabis regulation under this chapter or chapter 21-28.6 and/or as specified and | |
19 | defined in regulations promulgated by the office of cannabis regulation. | |
20 | (5) "Marijuana paraphernalia" means equipment, products, and materials which are | |
21 | used or intended for use in planting, propagating, cultivating, growing, harvesting, | |
22 | manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, | |
23 | packaging, repackaging, storing, containing, concealing, ingesting, or inhaling marijuana, or | |
24 | otherwise introducing marijuana into the human body. | |
25 | (6) "Marijuana processor" means an entity licensed pursuant to chapter 28.11 of title 21 | |
26 | to be exempt from state penalties for purchasing marijuana from marijuana cultivation | |
27 | facilities, other marijuana processors, or other marijuana establishments, in accordance with | |
28 | regulations promulgated by the office of cannabis regulation and manufacturing or processing | |
29 | marijuana products, selling, giving, or transferring marijuana products to a marijuana | |
30 | retailer, marijuana testing facility, or other marijuana establishments, in accordance with | |
31 | regulations promulgated by the office of cannabis regulation but not for selling marijuana or | |
32 | marijuana products at retail or otherwise to the general public. | |
33 | (7) "Marijuana products" means any form of marijuana, including concentrated marijuana | |
34 | and products that are comprised of marijuana and other ingredients that are intended for use | |
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1 | or consumption, such as, but not limited to, extracts, infusions, edible products, ointments, and | |
2 | tinctures, as further defined in regulations promulgated by the office of cannabis regulation. | |
3 | (8) "Marijuana testing facility" or “cannabis testing laboratory” means a third party | |
4 | analytical testing laboratory licensed by the departments of health and office of cannabis regulation | |
5 | to collect and test samples of cannabis pursuant to regulations promulgated by the departments. | |
6 | (9) "Marijuana retailer" means an entity that is licensed pursuant to chapter 28.11 of | |
7 | title 21, to be exempt from state penalties for purchasing marijuana from marijuana | |
8 | cultivation facilities, marijuana processors, or other marijuana establishments in accordance with | |
9 | regulations promulgated by the office of cannabis regulation, and selling marijuana, marijuana | |
10 | products, and marijuana paraphernalia to customers who are twenty-one (21) years of age or older | |
11 | in accordance with the provisions of this chapter, chapter 21-28.11 and rules and regulations | |
12 | promulgated by the office of cannabis regulation. | |
13 | (10) "Smoke" or "smoking" means heating to at least the point of combustion, causing | |
14 | plant material to burn, inhaling, exhaling, burning, or carrying any lighted or heated cigarette, pipe, | |
15 | weed, plant, other marijuana product in any manner or in any form intended for inhalation in any | |
16 | manner or form and includes but is not limited to the use of electronic cigarettes, electronic pipes, | |
17 | electronic marijuana delivery system products, or other similar products that rely on vaporization | |
18 | or aerosolization. | |
19 | (11) "State prosecution" means prosecution initiated or maintained by the state of | |
20 | Rhode Island or an agency or political subdivision of the state of Rhode Island. | |
21 | (12) “Vaporize” or “vape” means heating below the point of combustion and resulting | |
22 | in a vapor or mist. | |
23 | (13) "Equivalent amount" means the portion of usable marijuana, be it in extracted, edible, | |
24 | concentrated, or any other form, found to be equal to a portion of dried marijuana, as defined by | |
25 | regulations promulgated by the office of cannabis regulation. | |
26 | 21-28.11-3. Office of Cannabis Regulation. | |
27 | (a) Within the department of business regulation there shall be an office of cannabis | |
28 | regulation that oversees the regulation, licensing and control of cannabis, including marijuana, | |
29 | medical marijuana and industrial hemp, and such other matters within the jurisdiction of the | |
30 | department as determined by the director. An associate director or other designee of the director | |
31 | who reports to the director shall be in charge of all matters relating to cannabis regulation and | |
32 | control. | |
33 | (b) Whenever in chapters 2-26, 21-28.6, 21-28.10, 21-28.11 and 44-49.1 of the general | |
34 | laws the words “department of business regulation” shall appear, the words shall be deemed to | |
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| |
1 | mean the office of cannabis regulation within the department of business regulation. Whenever in | |
2 | chapters 2-26, 21-28.6, 21-28.10, 21-28.11 and 44-49.1 of the general laws the words “office of | |
3 | cannabis regulation” shall appear, the words shall be deemed to mean the office of cannabis | |
4 | regulation within the department of business regulation. | |
5 | (c) The office of cannabis regulation shall coordinate the executive branch response to | |
6 | the regulation and control of cannabis including, but not limited to, strategic planning, | |
7 | coordination and approval of regulations, educational content, planning and | |
8 | implementation, community engagement, budget coordination, data collection and analysis | |
9 | functions, and any other duties deemed necessary and appropriate by the office of cannabis | |
10 | regulation to carry out the provisions of this chapter. | |
11 | (d) In furtherance of coordinating the oversight of cannabis, including marijuana, | |
12 | medical marijuana and industrial hemp, across state agencies, the office of cannabis regulation | |
13 | shall: | |
14 | (1) Coordinate with the staff designated by the respective directors of each state agency | |
15 | regarding the agency's promulgation and implementation of rules and regulations regarding | |
16 | adult use of marijuana, medical marijuana and industrial hemp with the objective of producing | |
17 | positive economic, public safety, and health outcomes for the state and its citizens; | |
18 | (2) Offer guidance to and communicate with municipal officials regarding | |
19 | the implementation and enforcement of this chapter and chapters 28.6 and 28.10; | |
20 | (3) Align all policy objectives and the promulgation of rules and regulations across | |
21 | state agencies to increase efficiency and eliminate unintended negative impacts on the state | |
22 | and its citizens; | |
23 | (4) Communicate with regulatory officials from other states that allow marijuana for | |
24 | adult use, medical marijuana use and industrial hemp production to learn from the experiences of | |
25 | those states; | |
26 | (5) Anticipate, prioritize, and respond to emerging issues with the regulation of | |
27 | marijuana; | |
28 | (6) Coordinate the collection of data on adult use of marijuana and medical marijuana | |
29 | use from state agencies and report to the governor and legislature no later than January 1, 2021, | |
30 | and every year thereafter. The report shall include, but is not limited to: | |
31 | (i) The number and geographic distribution of all licensed marijuana establishments; | |
32 | (ii) Data on the total amount of sales of marijuana and the total amount of revenue | |
33 | raised from taxes and fees levied on marijuana; | |
34 | (iii) Projected estimate of the total marijuana revenue that will be raised in the | |
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1 | proceeding year; | |
2 | (iv) The distribution of funds to programs and agencies from revenue raised from | |
3 | fees and taxes levied on marijuana; and | |
4 | (v) Any findings from the departments of health and public safety related to changes in | |
5 | marijuana use rates and the impact, if any, of marijuana use on public health and public safety. | |
6 | 21-28.11-4. Marijuana Advisory Board. | |
7 | (a) The leaders of the general assembly shall establish a marijuana advisory board to | |
8 | study and make recommendations on the regulation of marijuana and marijuana products. | |
9 | (b) The marijuana advisory board shall consist of fourteen (14) members, seven | |
10 | (7) appointed by the speaker of the house, and seven (7) appointed the senate president. | |
11 | Both the speaker of the house and the senate president shall appoint one member of the | |
12 | general assembly, one expert in law enforcement, one expert in public health, one expert in the | |
13 | legal marijuana business community, one attorney with experience in marijuana law and | |
14 | policy, one expert in social welfare or social justice, and one individual who represents | |
15 | marijuana consumers. | |
16 | (c) Members of the marijuana advisory board shall serve terms of two (2) years. | |
17 | (d) Members of the board shall serve without compensation but shall be reimbursed | |
18 | for their expenses actually and necessarily incurred in the discharge of their official duties. Eight | |
19 | (8) or more members of the board present and voting shall constitute a quorum. | |
20 | (e) The marijuana advisory board’s duties shall include: | |
21 | (1) Advising the legislature on matters related to marijuana cultivation, | |
22 | processing, manufacture, transport, distribution, testing and sale; | |
23 | (2) On its own initiative, recommending to the office of cannabis regulation | |
24 | guidelines, rules and regulations and any changes to guidelines, rules and regulations | |
25 | that the board considers important or necessary; and | |
26 | (3) Holding public hearings to take testimony from experts and members of the | |
27 | general public on issues related to the regulation and taxation of marijuana. | |
28 | (f) All records of the marijuana advisory board shall be public records. | |
29 | (g) The chairs of the marijuana advisory board shall issue public notice at least | |
30 | fourteen (14) days prior to each meeting of the marijuana advisory board. | |
31 | 21-28.11-5. Licensing of marijuana establishments. | |
32 | (a) Except as otherwise provided in this chapter: | |
33 | (1) A person or an entity may apply, in accordance with the provisions of this chapter | |
34 | and regulations adopted by the office of cannabis regulation, for the issuance of a license | |
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1 | authorizing the applicant to engage in licensed marijuana activities as a marijuana retailer, | |
2 | marijuana cultivator, marijuana processor, cannabis testing facility, or any other marijuana | |
3 | establishment licensee, pursuant to the provisions of this chapter and regulations promulgated | |
4 | by the office of cannabis regulation provided that a majority of equity in and/or ownership of any | |
5 | license is held by a Rhode Island resident, or Rhode Island residents, as defined in regulations | |
6 | promulgated by the office of cannabis regulation. | |
7 | (2) The office of cannabis regulation shall have authority to issue a license or licenses | |
8 | to marijuana cultivators, marijuana retailers, marijuana processors, and any other category of | |
9 | marijuana establishment licensee established through this chapter or the regulations promulgated | |
10 | hereunder. | |
11 | (3) The department of health, in coordination with the office of cannabis regulation, shall | |
12 | have authority to promulgate regulations to create and implement all licenses involving cannabis | |
13 | reference testing requirements including approval, laboratory proficiency programs and | |
14 | proficiency sample providers, quality assurance sample providers, round robin testing and | |
15 | regulations establishing quality control and test standardization, and create and implement | |
16 | additional types and classes of licensed cannabis testing facilities in accordance with regulations | |
17 | promulgated hereunder. | |
18 | (b) The office of cannabis regulation shall have the authority to promulgate regulations to | |
19 | create and implement additional types and classes of commercial marijuana establishment licenses, | |
20 | including but not limited to, licenses for businesses to engage in marijuana destruction, delivery, | |
21 | disposal, research and development, transportation, social use licenses, or any other commercial | |
22 | activity needed to support licensed marijuana cultivators, licensed marijuana processors, | |
23 | compassion centers, licensed cannabis testing facilities, provided no license created by the | |
24 | department shall allow for the retail sale of marijuana. | |
25 | (c) The office of cannabis regulation shall promulgate regulations governing the manner | |
26 | in which it shall consider applications for issuing additional classes of marijuana establishment | |
27 | licenses, in accordance with this section. | |
28 | (d) The office of cannabis regulation shall promulgate regulations governing the manner | |
29 | in which it shall consider applications for the licensing and renewal of each type of marijuana | |
30 | establishment license necessary and proper to enforce the provisions of and carry out the duties | |
31 | assigned to it under this chapter and chapter 28.10, including but not limited to regulations | |
32 | governing: | |
33 | (1) The form and content of licensing and renewal applications; | |
34 | (2) Application and licensing fees for marijuana establishment licensees; | |
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1 | (3) Procedures for the approval or denial of a license, and procedures for suspension or | |
2 | revocation of the license of any marijuana establishment licensee that violates the provisions of this | |
3 | chapter, chapter 28.10 or the regulations promulgated thereunder in accordance with the provisions | |
4 | of chapter 42-35 of the general laws; and | |
5 | (4) Compliance with municipal zoning restrictions, if any, which comply with 21-28.11- | |
6 | 10 of this chapter. | |
7 | (e) The department of health or the office of cannabis regulation, as applicable, shall issue | |
8 | each principal officer, board member, agent, volunteer, and employee of a marijuana establishment | |
9 | license a registry identification card or renewal card after receipt of the person's name, address, | |
10 | date of birth; a fee in an amount established by the department of health or the office of cannabis | |
11 | regulation; and, when the applicant holds an ownership, equity, controlling, or managing stake in | |
12 | the marijuana establishment license as defined in regulations promulgated by the office of cannabis | |
13 | regulation, notification to the department of health or the office of cannabis regulation by the | |
14 | department of public safety division of state police, attorney general’s office, or local law | |
15 | enforcement that the registry identification card applicant has not been convicted of a felony drug | |
16 | offense or has not entered a plea of nolo contendere for a felony drug offense and received a | |
17 | sentence of probation. Each card shall specify that the cardholder is a principal officer, board | |
18 | member, agent, volunteer, employee, or other designation required by the departments of marijuana | |
19 | establishment license and shall contain the following: | |
20 | (i) The name, address, and date of birth of card applicant; | |
21 | (ii) The legal name of the marijuana establishment licensee to which the applicant is | |
22 | affiliated; | |
23 | (iii) A random identification number that is unique to the cardholder; | |
24 | (iv) The date of issuance and expiration date of the registry identification card; and | |
25 | (v) A photograph, if the department of health or the office of cannabis regulation decides | |
26 | to require one; and | |
27 | (vi) Any other information or card classification that the office of cannabis regulation or | |
28 | department of health requires. | |
29 | (f) Except as provided in subsection (e), neither the department of health nor the office of | |
30 | cannabis regulation shall issue a registry identification card to any card applicant who holds an | |
31 | ownership, equity, controlling, or managing stake in the marijuana establishment license as defined | |
32 | in regulations promulgated by the office of cannabis regulation, who has been convicted of a felony | |
33 | drug offense or has entered a plea of nolo contendere for a felony drug offense and received a | |
34 | sentence of probation or who the department has otherwise deemed unsuitable. If a registry | |
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1 | identification card is denied, the applicant will be notified in writing of the purpose for denying the | |
2 | registry identification card. A registry identification card may be granted if the offense was for | |
3 | conduct that occurred prior to the enactment of this chapter or that was prosecuted by an authority | |
4 | other than the state of Rhode Island and for which the enactment of this chapter would otherwise | |
5 | have prevented a conviction. | |
6 | (g) (i) All registry identification card applicants who hold an ownership, equity, | |
7 | controlling, or managing stake in the marijuana establishment license as defined in regulations | |
8 | promulgated by the office of cannabis regulation shall apply to the department of public safety | |
9 | division of state police, the attorney general’s office, or local law enforcement for a national | |
10 | criminal identification records check that shall include fingerprints submitted to the federal bureau | |
11 | of investigation. Upon the discovery of a felony drug offense conviction or a plea of nolo | |
12 | contendere for a felony drug offense with a sentence of probation, and in accordance with the rules | |
13 | promulgated by the department of health and the office of cannabis regulation, the department of | |
14 | public safety division of state police, the attorney general’s office, or local law enforcement shall | |
15 | inform the applicant, in writing, of the nature of the felony and the department of public safety | |
16 | division of state police shall notify the department of health or the office of cannabis regulation, in | |
17 | writing, without disclosing the nature of the felony, that a felony drug offense conviction or a plea | |
18 | of nolo contendere for a felony drug offense with probation has been found. | |
19 | (ii) In those situations in which no felony drug offense conviction or plea of nolo | |
20 | contendere for a felony drug offense with probation has been found, the department of public safety | |
21 | division of state police, the attorney general’s office, or local law enforcement shall inform the | |
22 | applicant and the department of health or the office of cannabis regulation, in writing, of this fact. | |
23 | (iii) All registry identification card applicants shall be responsible for any expense | |
24 | associated with the criminal background check with fingerprints. | |
25 | (h) A registry identification card of a principal officer, board member, agent, volunteer, or | |
26 | employee, or any other designation required by the office of cannabis regulation shall expire one | |
27 | year after its issuance, or upon the termination of the principal officer, board member, agent, | |
28 | volunteer or employee's relationship with the marijuana establishment licensee, or upon the | |
29 | termination or revocation of the affiliated marijuana establishment’s license, whichever occurs first. | |
30 | (i) A registration identification card holder shall notify and request approval from the office | |
31 | of cannabis regulation or department of health of any change in his or her name or address within | |
32 | ten (10) days of such change. A cardholder who fails to notify the office of cannabis regulation or | |
33 | health of any of these changes is responsible for a civil infraction, punishable by a fine of no more | |
34 | than one hundred fifty dollars ($150). | |
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1 | (j) When a cardholder notifies the department of health or the office of cannabis regulation | |
2 | of any changes listed in this subsection, the department shall issue the cardholder a new registry | |
3 | identification after receiving the updated information and a ten dollar ($10.00) fee. | |
4 | (k) If a cardholder loses his or her registry identification card, he or she shall notify the | |
5 | department of health or the office of cannabis regulation and submit a ten dollar ($10.00) fee within | |
6 | ten (10) days of losing the card and the department shall issue a new card. | |
7 | (l) Registry identification cardholders shall notify the office of cannabis regulation or | |
8 | health of any disqualifying criminal convictions as defined in subdivision (c)(7). The applicable | |
9 | department may choose to suspend and/or revoke his or her registry identification card after such | |
10 | notification. | |
11 | (m) If a registry identification cardholder violates any provision of this chapter or | |
12 | regulations promulgated hereunder as determined by the departments of health and office of | |
13 | cannabis regulation, his or her registry identification card may be suspended and/or revoked. | |
14 | (n) The department of business regulation shall have the authority to adopt | |
15 | regulations governing the allowable size of marijuana establishment licensees. The | |
16 | department of business regulation shall have the authority to adopt regulations governing the | |
17 | allowable size of marijuana cultivations, and whether indoor or outdoor cultivation is | |
18 | permitted. | |
19 | (o) The department of business regulation may establish pursuant to regulations | |
20 | different classifications or schedules for marijuana establishment licensee facilities based on | |
21 | their physical size, scope, or authorized activities permitted under the class or schedule of | |
22 | marijuana establishment license. | |
23 | (p) In order to create an open, accessible, and stable industry, the office of cannabis | |
24 | regulation shall have the authority to promulgate regulations which limit the number of marijuana | |
25 | establishment licenses or classes of marijuana establishment licenses that an applicant may be | |
26 | issued. | |
27 | (q) In order to create an open, accessible, and stable industry, the office of cannabis | |
28 | regulation shall have the authority to promulgate regulations which sets market-based criteria for | |
29 | the issuance or renewal of cultivation licenses. | |
30 | (r) The department of business regulation may not issue a marijuana cultivation | |
31 | facility, marijuana processor, or marijuana retailer to any entity that operates or exercises | |
32 | ownership, management, or other control over a marijuana testing facility. | |
33 | (s) The department of health and department of office of cannabis regulation may not | |
34 | issue a marijuana testing facility license to any applicant that operates or exercises ownership, | |
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1 | management, or other control over another marijuana establishment license or license issued | |
2 | under chapter 2-26 of the general laws. | |
3 | (t) The office of cannabis regulation shall determine an annual license and renewal fee | |
4 | for each type and/or class of marijuana establishment licensee. The license fee must be paid | |
5 | upon the initial issuance of the license and every twelve (12) months thereafter. If the license | |
6 | fee is not remitted to the state in a timely manner, the license shall be revoked. The department | |
7 | of health shall determine the annual license fee for cannabis testing laboratories and employee | |
8 | registration cards. | |
9 | (u) The office of cannabis regulation shall set forth procedures to require all owners, | |
10 | officers, investors, employees or agents with operational or managing control of a marijuana | |
11 | establishment license applicant to undergo a national background check conducted by the | |
12 | office of the attorney general, the state police, a local police department, or some other agency | |
13 | approved by the office of cannabis regulation. An application for a marijuana establishment | |
14 | license may be rejected if a background check of an owner, officer, investor or employee or | |
15 | agent with operational or managing control reveals past offenses or actions that the office of | |
16 | cannabis regulation deems to be disqualifying, | |
17 | (v) Whenever an entity seeks to renew a license as a marijuana establishment, the | |
18 | office of cannabis regulation shall require the renewal application to include a question | |
19 | regarding any Occupational Safety and Health Administration actions. The office of cannabis | |
20 | regulation may issue regulations as are necessary to ensure licensee compliance to address any | |
21 | such Occupational Safety and Health Administration actions in light of worker safety concerns. | |
22 | (w) Medical marijuana cultivators and compassion centers in good standing with the office | |
23 | of cannabis regulation may also apply for and be issued adult use marijuana establishment licenses, | |
24 | in accordance with regulations promulgated by the office of cannabis regulation, provided the | |
25 | medical marijuana establishment licensee continues to hold any valid medical marijuana license | |
26 | approved or issued prior to July 1, 2019. | |
27 | (x) The office of cannabis regulation may limit or prohibit a medical marijuana | |
28 | establishment’s operation under an adult use marijuana establishment license if the office of | |
29 | cannabis regulation determines that failure to do so would threaten medical marijuana patients’ | |
30 | access to marijuana products needed to treat qualifying conditions. | |
31 | (y) Licensees may hold a medical marijuana establishment license and an adult use | |
32 | marijuana establishment license in accordance with regulations promulgated by the office of | |
33 | cannabis regulation. | |
34 | (z) The office of cannabis regulation shall prioritize the review of applications for adult use | |
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1 | marijuana establishment licenses submitted by medical marijuana establishments that hold a | |
2 | license, in good standing, that was issued by the department prior to the effective date of this | |
3 | chapter. | |
4 | (aa) The office of cannabis regulation may create a streamlined application for medical | |
5 | marijuana establishment licensees who apply for adult use marijuana establishment licenses | |
6 | provided the applicant holds a license, in good standing, that was issued by the department. | |
7 | 21-28.11-6. Ineligibility for license. | |
8 | A marijuana establishment may not operate, and a prospective marijuana establishment | |
9 | may not apply for a license, if any of the following are true: | |
10 | (1) The person or entity is applying for a license to operate as a marijuana retailer in a | |
11 | location that is within five hundred (500) feet of the property line of a preexisting public or private | |
12 | school, or the person or entity is applying for a license to operate as a marijuana establishment other | |
13 | than a marijuana retailer and the establishment would operate in a location that is within one | |
14 | thousand (1,000) feet of the property line of a preexisting public or private school; or | |
15 | (2) The establishment would be located at a site where the use is not permitted by | |
16 | applicable zoning classification or by special use permit or other zoning approval, or if the | |
17 | proposed location would otherwise violate a municipality's zoning ordinance; or | |
18 | (3) The establishment would be located in a municipality in which residents | |
19 | have approved, by a simple majority referendum, a ban on the kind of marijuana | |
20 | establishment being proposed. For purpose of illustration but not limitation, a marijuana | |
21 | retailer may not operate in a municipality in which residents have approved by a simple | |
22 | majority referendum a ban on marijuana retailers. | |
23 | (4) If any marijuana business establishment license applicant is deemed unsuitable or | |
24 | denied a registry identification card by the office of cannabis regulation. | |
25 | 21-28.11-7. License Required. | |
26 | No person or entity shall engage in any activities in which a licensed marijuana | |
27 | establishment licensee may engage pursuant to chapters 28.6, 28.10 or 28.11 of title 21 and the | |
28 | regulations promulgated thereunder, without the license that is required in order to engage in such | |
29 | activities issued by the office of cannabis regulation and compliance with all provisions of such | |
30 | chapters 28.6, 28.10 and 28.11 or title 21 and the regulations promulgated thereunder. | |
31 | 21-28.11-8. Enforcement. | |
32 | (a) (1) Notwithstanding any other provision of this chapter, if the director of the department | |
33 | of business regulation or his or her designee has cause to believe that a violation of any provision | |
34 | of chapters 21-28.6, 21-28.10 or 28.11 or any regulations promulgated thereunder has occurred by | |
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| |
1 | a licensee that is under the department’s jurisdiction pursuant to chapters 21-28.6, 21-28.10 or | |
2 | 28.11, or that any person or entity is conducting any activities requiring licensure or registration by | |
3 | the office of cannabis regulation under chapters 21-28.6, 21-28.10 or 28.11 or the regulations | |
4 | promulgated thereunder without such licensure or registration, the director or his or her designee | |
5 | may, in accordance with the requirements of the administrative procedures act, chapter 35 of title | |
6 | 42: | |
7 | (i) With the exception of patients and authorized purchasers, revoke or suspend a license | |
8 | or registration; | |
9 | (ii) Levy an administrative penalty in an amount established pursuant to regulations | |
10 | promulgated by the office of cannabis regulation; | |
11 | (iii) Order the violator to cease and desist such actions; | |
12 | (iv) Require a licensee or registrant or person or entity conducting any activities requiring | |
13 | licensure or registration under chapters 21-28.6, 21-28.10 or 28.11 to take such actions as are | |
14 | necessary to comply with such chapter and the regulations promulgated thereunder; or | |
15 | (v) Any combination of the above penalties. | |
16 | (2) If the director of the department of business regulation finds that public health, safety, | |
17 | or welfare imperatively requires emergency action, and incorporates a finding to that effect in his | |
18 | or her order, summary suspension of license or registration and/or cease and desist may be ordered | |
19 | pending proceedings for revocation or other action. These proceedings shall be promptly instituted | |
20 | and determined. | |
21 | (b) If a person exceeds the possession limits set forth in chapters 21-28.6, 21-28.10 or 21- | |
22 | 28.11, or is in violation of any other section of chapters 21-28.6, 21-28.10 or 28.11 or the | |
23 | regulations promulgated thereunder, he or she may also be subject to arrest and prosecution under | |
24 | chapter 28 of title 21 of the general laws. | |
25 | (c) All marijuana establishment licensees are subject to inspection by the office of cannabis | |
26 | regulation including but not limited to, the licensed premises, all marijuana and marijuana products | |
27 | located on the licensed premises, personnel files, training materials, security footage, all business | |
28 | records and business documents including but not limited to purchase orders, transactions, sales, | |
29 | and any other financial records or financial statements whether located on the licensed premises or | |
30 | not. | |
31 | (d) All marijuana products that are held within the borders of this state in violation of the | |
32 | provisions of chapters 21-28.6, 21-28.10 or 21-28.11 or the regulations promulgated thereunder are | |
33 | declared to be contraband goods and may be seized by the office of cannabis regulation, the tax | |
34 | administrator or his or her agents, or employees, or by any sheriff, or his or her deputy, or any | |
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| |
1 | police or other law enforcement officer when requested by the tax administrator or office of | |
2 | cannabis regulation to do so, without a warrant. All contraband goods seized by the state under this | |
3 | chapter may be destroyed. | |
4 | (e) Notwithstanding any other provision of law, the office of cannabis regulation may make | |
5 | available to law enforcement and public safety personnel, any information that the department’s | |
6 | director or his or her designee may consider proper contained in licensing records, inspection | |
7 | reports and other reports and records maintained by the office of cannabis regulation, as necessary | |
8 | or appropriate for purposes of ensuring compliance with state laws and regulations. Nothing in this | |
9 | act shall be construed to prohibit law enforcement, public safety, fire, or building officials from | |
10 | investigating violations of, or enforcing state law. | |
11 | 21-28.11-9. Regulation and control of marijuana establishments. | |
12 | (a) The department of business regulation shall adopt all rules and regulations | |
13 | necessary and convenient to carry out and administer the provisions in this chapter and chapter | |
14 | 28.10 including operational requirements applicable to licensees and regulations as are necessary | |
15 | and proper to enforce the provisions of and carry out the duties assigned to it under this chapter and | |
16 | chapter 28.10, including but not limited to regulations governing: | |
17 | (1) Record-keeping requirements for marijuana establishment licensees; | |
18 | (2) Security requirements for marijuana establishment licensees including but not limited | |
19 | to the use of: | |
20 | (i) An alarm system, with a backup power source, that alerts security personnel and local | |
21 | law enforcement officials of any unauthorized breach; | |
22 | (ii) Perpetual video surveillance system, with a backup power source, that records video | |
23 | surveillance must be stored for at least two (2) months and be accessible to the office of cannabis | |
24 | regulation via remote access and to law enforcement officials upon request; | |
25 | (iii) Protocols that ensure the secure transport, delivery, and storage of cannabis and | |
26 | cannabis products; | |
27 | (iv) Additional security measures to protect against diversion or theft of cannabis from | |
28 | cannabis cultivation facilities that cultivate cannabis outdoors; and | |
29 | (v) any additional requirements deemed necessary by the office of cannabis regulation; | |
30 | (3) Requirements for inventory tracking and the use of seed to sale monitoring system(s) | |
31 | approved by the state which tracks all cannabis from its origin up to and including the point of sale; | |
32 | (4) Permitted forms of advertising and advertising content, including but not limited to: | |
33 | (i) A marijuana establishment licensee may not advertise through any means | |
34 | unless at least 85% of the audience is reasonably expected to be 21 years of age or older, | |
|
| |
1 | as determined by reliable, current audience composition data; | |
2 | (ii) a marijuana establishment licensee may not engage in the use of pop up digital | |
3 | advertisements; | |
4 | (iii) a marijuana establishment licensee may not display any marijuana product pricing | |
5 | through any advertising other than their establishment website which must be registered with the | |
6 | office of cannabis regulation, or through opt in subscription services such as email alerts or sms | |
7 | text messages, provided the licensee has verified the person attempting to view their webpage or | |
8 | opt in to advertising alerts is over the age of 21; | |
9 | (iv) a marijuana establishment licensee may not use any billboard advertisements within | |
10 | the state of Rhode Island; | |
11 | (v) A marijuana establishment licensee may display signage outside its facility | |
12 | displaying the name of the establishment, provided the signage conforms to all applicable | |
13 | local guidelines and rules and does not display imagery of a marijuana leaf or the use of marijuana | |
14 | or use neon signage; | |
15 | (vi) a marijuana establishment licensee may be listed in public phonebooks and directories; | |
16 | (vii) A marijuana establishment licensee and its logo may be listed as a sponsor of a | |
17 | charitable event, provided the logo does not contain imagery of a cannabis leaf or the use of | |
18 | cannabis; | |
19 | (viii) a marijuana establishment license shall not use, except, or offer any coupons, | |
20 | discounts, samples, giveaways, or any other mechanism to sell marijuana at prices below market | |
21 | value which may or may not circumvent the payment and collection of marijuana taxes; and | |
22 | (viii) any other restrictions deemed appropriate by the office of cannabis regulation; and | |
23 | (5) Permitted forms of marijuana products including, but not limited to, regulations which: | |
24 | (i) prohibit any form of marijuana product which is in the shape or form of an animal, | |
25 | human, vehicle, or other shape or form which may be attractive to children; | |
26 | (ii) prohibit any marijuana “additives” which could be added, mixed, sprayed on, or applied | |
27 | to an existing food product without a person’s knowledge; and | |
28 | (iii) include any other requirements deemed necessary by the office of cannabis regulation; | |
29 | and | |
30 | (6) Limits for marijuana product serving sizes, doses, and potency including but not limited | |
31 | to regulations which: | |
32 | (i) limit all servings of edible forms of marijuana to no more than five milligrams (5 mg) | |
33 | of THC per serving; | |
34 | (ii) limits the total maximum amount of THC per edible product package to one hundred | |
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1 | milligrams (100 mg) of THC; | |
2 | (iii) limits the THC potency of any product to no more than fifty percent (50%) THC unless | |
3 | otherwise authorized by the office of cannabis regulation; | |
4 | (iv) may establish product or package limits based on the total milligrams of THC; and | |
5 | (v) include any additional requirements or limitations deemed necessary by the office of | |
6 | cannabis regulation: | |
7 | (7) Product restrictions including but not limited to regulations which: | |
8 | (i) establish a review process for the office of cannabis regulation to approve or deny forms | |
9 | of marijuana products which may require marijuana establishment licensees to submit a | |
10 | proposal, which includes photographs of the proposed product properly packaged and | |
11 | labeled and any other materials deemed necessary by the office of cannabis regulation, to the office | |
12 | of cannabis regulation for each line of cannabis products; | |
13 | (ii) place additional restrictions on marijuana products to safeguard public health and | |
14 | safety, as determined by the office of cannabis regulation in consultation with the executive branch | |
15 | state agencies; | |
16 | (iii) require all servings of edible products to be marked, imprinted, molded, or otherwise | |
17 | display a symbol chosen by the department to alert consumers that the product contains marijuana; | |
18 | (iv) standards to prohibit cannabis products that pose public health risks, that are easily | |
19 | confused with existing non-cannabis products, or that are especially attractive to youth; and | |
20 | (v) any other requirements deemed suitable by the department; | |
21 | (8) Limits and restrictions for marijuana transactions and sales including but not limited to | |
22 | regulations which: | |
23 | (i) establish processes and procedures to ensure all transactions and sales are properly | |
24 | tracked through the use of a seed to sale inventory tracking and monitoring system; | |
25 | (ii) establish rules and procedures for customer age verification; | |
26 | (iii) establish rules and procedures to ensure retailers to no dispense, and customers to not | |
27 | purchase amounts of marijuana in excess of the one ounce (1 oz) marijuana or equivalent amount | |
28 | per transaction and/or per day; | |
29 | (iv) establish rules and procedures to ensure no marijuana is dispensed to anyone under the | |
30 | age of 21; and | |
31 | (v) include any additional requirements deemed necessary by the office of cannabis | |
32 | regulation; | |
33 | (9) The testing and safety of marijuana and marijuana products including but not limited | |
34 | to regulations promulgated by the office of cannabis regulation or department of health, as | |
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| |
1 | applicable which: | |
2 | (i) license and regulate the operation of cannabis testing facilities, including requirements | |
3 | for equipment, training, and qualifications for personnel; | |
4 | (ii) set forth procedures that require random sample testing to ensure quality control, | |
5 | including, but not limited to, ensuring that cannabis and cannabis products are accurately labeled | |
6 | for tetrahydrocannabinol (THC) content and any other product profile; | |
7 | (iii) testing for residual solvents, poisons, or toxins; harmful chemicals; dangerous molds | |
8 | or mildew; filth; and harmful microbials such as E. coli or salmonella and pesticides, and any other | |
9 | compounds, elements, or contaminants; | |
10 | (iv) require all cannabis and cannabis products must undergo random sample testing at a | |
11 | registered cannabis testing facility or other laboratory equipped to test cannabis and cannabis | |
12 | products that has been approved by the office of cannabis regulation; | |
13 | (v) require any products which fail testing be quarantined and/or recalled and destroyed in | |
14 | accordance with regulations; | |
15 | (vi) allow for the establishment of other quality assurance mechanisms which may include | |
16 | but not be limited to the designation or creation of a reference laboratory, creation of a secret | |
17 | shopper program, round robin testing , or any other mechanism to ensure the accuracy of product | |
18 | testing and labeling; | |
19 | (vii) require marijuana establishment licensees and marijuana products to comply with any | |
20 | applicable food safety requirements determined by the office of cannabis regulation and/or the | |
21 | department of health; | |
22 | (viii) include any additional requirements deemed necessary by the office of cannabis | |
23 | regulation and the department of health; and | |
24 | (ix) allow the office of cannabis regulation, in coordination with the department of health, | |
25 | at their discretion, to temporarily remove, or phase in, any requirement for laboratory testing if it | |
26 | finds that there is not sufficient laboratory capacity for the market. | |
27 | (10) Online sales; | |
28 | (11) Transport and delivery; | |
29 | (12) Marijuana and marijuana product packaging including but not limited to requirements | |
30 | that packaging be: | |
31 | (i) opaque; | |
32 | (ii) constructed to be significantly difficult for children under five (5) years of age to open | |
33 | and not difficult for normal adults to use properly as defined by 16 C.F.R. 1700.20 (1995) or another | |
34 | approval standard or process approved by the office of cannabis regulation; | |
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| |
1 | (iii) be designed in a way that is not deemed as especially appealing to children; and | |
2 | (iv) any other regulations required by the office of cannabis regulation; and | |
3 | (13) Regulations for the quarantine and/or destruction of unauthorized materials; | |
4 | (14) Industry and licensee production limitations; | |
5 | (15) Procedures for the approval or denial of a license, and procedures for suspension or | |
6 | revocation of the license of any marijuana establishment licensee that violates the provisions of this | |
7 | chapter, chapter 28.10 or the regulations promulgated thereunder in accordance with the provisions | |
8 | of chapter 42-35 of the general laws; | |
9 | (16) Compliance with municipal zoning restrictions, if any, which comply with § 21-28.11- | |
10 | 10 of this chapter; | |
11 | (17) Standards and restrictions for marijuana manufacturing and processing which shall | |
12 | include but not be limited to requirements that marijuana processors; | |
13 | (i) comply with all applicable building and fire codes; | |
14 | (ii) receive approval from the state fire marshal’s office for all forms of manufacturing that | |
15 | use a heat source or flammable solvent; | |
16 | (iii) require any marijuana processor that manufactures edibles of marijuana infused food | |
17 | products to comply with all applicable requirements and regulations issued by the department of | |
18 | health’s office of food safety; and | |
19 | (iv) comply with any other requirements deemed suitable by the office of cannabis | |
20 | regulation. | |
21 | (18) Standards for employee and workplace safety and sanitation; | |
22 | (19) Standards for employee training including but not limited to: | |
23 | (i) requirements that all employees of cannabis establishments must participate in a | |
24 | comprehensive training on standard operating procedures, security protocols, health and sanitation | |
25 | standards, workplace safety, and the provisions of this chapter prior to working at the establishment. | |
26 | Employees must be retrained on an annual basis or if state officials discover a cannabis | |
27 | establishment in violation of any rule, regulation, or guideline in the course of regular inspections | |
28 | or audits; and | |
29 | (ii) any other requirements deemed appropriate by the office of cannabis regulation; and | |
30 | (20) Mandatory labeling that must be affixed to all packages containing cannabis or | |
31 | cannabis products including but not limited to requirements that the label display: | |
32 | (i) the name of the establishment that cultivated the cannabis or produced the cannabis | |
33 | product; | |
34 | (ii) the tetrahydrocannabinol (THC) content of the product; | |
|
| |
1 | (iii) a "produced on" date; | |
2 | (iv) warnings that state: "Consumption of cannabis impairs your ability to drive a car or | |
3 | operate machinery” and "Keep away from children” and, unless federal law has changed to | |
4 | accommodate cannabis possession, "Possession of cannabis is illegal under federal law and in many | |
5 | states outside of Rhode Island"; | |
6 | (v) a symbol that reflects these products are not safe for children which contains poison | |
7 | control contact information; and | |
8 | (vi) any other information required by the office of cannabis regulation; and | |
9 | (21) Standards for the use of pesticides; and | |
10 | (22) General operating requirements, minimum oversight, and any other activities, | |
11 | functions, or aspects of a marijuana establishment licensee in furtherance of creating a stable, | |
12 | regulated cannabis industry and mitigating its impact on public health and safety. | |
13 | 21-28.11-10. Municipal authority. | |
14 | (a) Municipalities shall: | |
15 | (i) Have the authority to enact local zoning and use ordinances not in conflict with | |
16 | this chapter or with rules and regulations adopted by the office of cannabis regulation | |
17 | regulating the time, place, and manner of marijuana establishments' operations, provided | |
18 | that no local authority may prohibit any type of marijuana establishments' operation | |
19 | altogether, either expressly or through the enactment of ordinances or regulations which | |
20 | make any type of marijuana establishments' operation impracticable and; | |
21 | (ii) Adopt all zoning and other applicable ordinances in accordance with subsection (a)(i) | |
22 | before January 1, 2020. | |
23 | (b) Zoning ordinances enacted by a local authority shall not require a marijuana | |
24 | establishment licensee or marijuana establishment applicant to enter into a community host | |
25 | agreement or pay any consideration to the municipality other than reasonable zoning and permitting | |
26 | fees as determined by the office of cannabis regulation. The office of cannabis regulation is the sole | |
27 | licensing authority for marijuana establishment licensees. A municipality shall not enact any local | |
28 | zoning ordinances or permitting requirements that establishes a de facto local license or licensing | |
29 | process unless explicitly enabled by this chapter or ensuing regulations promulgated by the office | |
30 | of cannabis regulation. | |
31 | (c) Notwithstanding subsection (a) of this section; | |
32 | (i) Municipalities may prohibit specific classes of marijuana establishment licenses, | |
33 | or all classes of marijuana establishment licenses from being issued within their jurisdiction if | |
34 | the residents of the municipality have approved, by a simple majority of the electors | |
|
| |
1 | voting, a referendum to ban marijuana cultivation facilities, retailers, processors or marijuana | |
2 | testing facilities, provided such referendum must be conducted on or before November 5, 2019, | |
3 | and any ordinances related thereto must be adopted before January 1, 2020; | |
4 | (ii) Municipalities must put forth a separate referendum question to ban each class of | |
5 | marijuana establishment. A single question to ban all classes of marijuana establishments shall | |
6 | not be permitted; and | |
7 | (iii) Municipalities which ban the licensure of marijuana establishments located within | |
8 | their jurisdiction pursuant to c(i), and/or adopt local zoning and other ordinances pursuant to a(ii), | |
9 | before January 1, 2020, in accordance with this section, may hold future referenda to prohibit | |
10 | previously allowed licenses, or allow previously prohibited licenses, provided those subsequent | |
11 | referenda are held on the first Tuesday after the first Monday in the month of November. | |
12 | (d) Notwithstanding subsections (a), (b) or (c) of this section, a municipality may not | |
13 | prohibit a medical marijuana establishment licensee from continuing to operate under a marijuana | |
14 | establishment license issued by the office of cannabis regulation if that marijuana establishment | |
15 | licensee was approved or licensed prior to the passage of this chapter. | |
16 | (e) Notwithstanding any other provision of this chapter, no municipality or local authority | |
17 | shall restrict the transport or delivery of marijuana through their jurisdiction, or to local residents, | |
18 | provided all transport and/or delivery is in accordance with this chapter. | |
19 | (f) Municipalities may impose civil and criminal penalties for the violation of | |
20 | ordinances enacted pursuant to and in accordance with this section. | |
21 | 21-28.11-11. Transportation of marijuana. | |
22 | The office of cannabis regulation shall promulgate regulations regarding secure | |
23 | transportation of marijuana for eligible retailers delivering products to purchasers in accordance | |
24 | with this chapter and shipments of marijuana or marijuana products between marijuana | |
25 | establishment licensees. | |
26 | 21-28.11-12. No minors on the premises of marijuana establishments. | |
27 | A marijuana establishment shall not allow any person who is under twenty-one (21) | |
28 | years of age to be present inside any room where marijuana or marijuana products are | |
29 | stored, produced, or sold by the marijuana establishment unless the person who is under | |
30 | twenty-one (21) years of age is: | |
31 | (1) A government employee performing their official duties; or | |
32 | (2) If the marijuana establishment is a retailer, a medical marijuana patient | |
33 | registered pursuant to chapter 28.6 of title 21, if the retailer premises are also licensed as a | |
34 | compassion center pursuant to §21-28.6-12 and the individual under twenty-one (21) years | |
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| |
1 | of age is a qualifying patient registered under chapter 28.6 of title 21. | |
2 | 21-28.11-13. Contracts enforceable. | |
3 | It is the public policy of the state that contracts related to the operation of a | |
4 | marijuana establishment, compassion center, or a licensee under chapter 2-26 in accordance | |
5 | with Rhode Island law shall be enforceable. It is the public policy of the state that no contract | |
6 | entered into by a licensed marijuana establishment, compassion center, hemp cultivator or other | |
7 | licensee under chapter 2-26 of the general laws or its employees or agents as permitted pursuant | |
8 | to a valid license issued by the office of cannabis regulation, or by those who allow property to | |
9 | be used by an establishment, its employees, or its agents as permitted pursuant to a valid | |
10 | license, shall be unenforceable solely on the basis that cultivating, obtaining, manufacturing, | |
11 | distributing, dispensing, transporting, selling, possessing, testing or using marijuana or hemp | |
12 | is prohibited by federal law. | |
13 | 21-28.11-14. Compassion centers and medical marijuana cultivators. | |
14 | (a) Any compassion center or medical marijuana cultivator that holds a license in good | |
15 | standing with the office of cannabis regulation prior to July 1, 2019 shall be issued a marijuana | |
16 | retailer license, marijuana cultivation license, marijuana processor license, and any other | |
17 | applicable marijuana establishment license(s) for which it applies including but not limited to a | |
18 | marijuana delivery license, in accordance with this chapter, provided the compassion center or | |
19 | medical marijuana cultivator has been licensed or approved to engage in those corresponding | |
20 | activities under their current compassion center or medical marijuana license. | |
21 | (b) Any compassion center that holds a license in good standing with the office of cannabis | |
22 | regulation prior to July 1, 2019 shall be issued corresponding marijuana establishment(s) license in | |
23 | accordance with this chapter as provided in subsection (a) for each location where they have been | |
24 | licensed or approved to engage in medical marijuana cultivation, manufacturing, and/or dispensing | |
25 | of medical marijuana by the office of cannabis regulation prior to January 1, 2019. | |
26 | (c) Notwithstanding any other provision of this chapter, only a holder of a compassion | |
27 | center license in good standing with the office of cannabis regulation prior to July 1, 2019, may be | |
28 | issued or hold a marijuana cultivation license, and a marijuana processor license, and marijuana | |
29 | retail license, inclusive, at the same time before to January 1, 2023. | |
30 | (d) Notwithstanding any other provision of the general laws, a licensed compassion center | |
31 | that also holds a license as a marijuana retailer, marijuana cultivator, or marijuana processor shall | |
32 | be exempt from the requirements of § 21-28.6-3(5), and shall not be required to register as a not | |
33 | for profit corporation under chapter 6 of title 7 of the general laws, provided they maintain operation | |
34 | and licensure as a licensed marijuana retailer, marijuana cultivator, or marijuana processor. The | |
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| |
1 | office of cannabis regulation may promulgate regulations or issue guidance to facilitate the | |
2 | transition from a not for profit corporation to a for profit corporation or other entity including but | |
3 | not limited to the requirement that the compassion center must update and/or resubmit licensing | |
4 | and application documents which reflect this transfer. | |
5 | 21-28.11-15. Establishment of marijuana trust fund. | |
6 | (a) There is created with the general fund a restricted receipt accounts collectively known | |
7 | as the “marijuana trust fund”, otherwise known as the “adult use marijuana licensing” or “adult use | |
8 | marijuana licensing program” accounts. Taxes collected pursuant to § 44-49.1 and fees collected | |
9 | pursuant to 21-28.11 shall be deposited into this account. The state share of trust fund revenue will | |
10 | be used to fund programs and activities related to program administration; revenue collection and | |
11 | enforcement; substance use disorder prevention for adults and youth; education and public | |
12 | awareness campaigns; treatment and recovery support services; public health monitoring, research, | |
13 | data collection, and surveillance; law enforcement training and technology improvements including | |
14 | grants to local law enforcement; and such other related uses that may be deemed necessary by the | |
15 | office of management and budget. The restricted receipt account will be housed within the budgets | |
16 | of the departments of business regulation, health, revenue and public safety, and the executive | |
17 | office of health and human services. All amounts deposited into the marijuana trust fund shall be | |
18 | exempt from the indirect cost recovery provisions of § 35-4-27. The allocation of the marijuana | |
19 | trust fund shall be: | |
20 | (1) Twenty-five percent (25%) of trust fund revenue to the departments of business | |
21 | regulation, health, revenue and public safety, and the executive office of health and human services, | |
22 | except that in fiscal year 2020 the office of management and budget may allocate up to an additional | |
23 | three million eight hundred thousand dollars ($3,800,000) from trust fund revenues to these | |
24 | agencies; | |
25 | (2) Fifteen percent (15%) of trust fund revenue to cities and towns; and | |
26 | (3) Sixty percent (60%) of trust fund revenue to the general fund. | |
27 | (b) All revenue allocated to cities and towns under subsection (a)(2) shall be distributed at | |
28 | least quarterly by the division of taxation and department of business regulation, credited and paid | |
29 | by the state treasurer to the city or town based on the following allocation: | |
30 | (1) One-quarter based in an equal distribution to each city or town in the state; | |
31 | (2) One-quarter based on the share of total licensed marijuana cultivators, licensed | |
32 | marijuana processors, and licensed marijuana retailers found in each city or town at the end of the | |
33 | quarter that corresponds to the distribution, with licensed marijuana retailers assigned a weight | |
34 | twice that of the other license types; and | |
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| |
1 | (3) One-half based on the volume of sales of adult use marijuana products that occurred in | |
2 | each city or town in the quarter of the distribution. | |
3 | (c) The division of taxation and the department of business regulation shall jointly | |
4 | promulgate regulations to effectuate the distribution under subsection (a)(2). | |
5 | 21-28.11-16. Transfer of revenue to the marijuana trust fund. | |
6 | The department of business regulation shall transfer all revenue collected pursuant to this | |
7 | chapter, including penalties or forfeitures, interest, costs of suit and fines, to the marijuana trust | |
8 | fund established by § 21-28.11-15. | |
9 | 21-28.11-17. Severability. | |
10 | If any provision of this chapter or its application thereof to any person or | |
11 | circumstance is held invalid, such invalidity shall not affect other provisions or applications | |
12 | of this chapter, which can be given effect without the invalid provision or application, and | |
13 | to this end the provisions of this chapter are declared to be severable. | |
14 | SECTION 8. Sections 31-27-2, 31-27-2.1 and 31-27-2.9 of the General Laws in Chapter | |
15 | 31-27 entitled "Motor Vehicle Offenses" are hereby amended to read as follows: | |
16 | 31-27-2. Driving under influence of liquor or drugs. | |
17 | (a) Whoever drives or otherwise operates any vehicle in the state while under the influence | |
18 | of any intoxicating liquor, drugs, toluene, or any controlled substance as defined in chapter 28 of | |
19 | title 21, or any combination of these, shall be guilty of a misdemeanor, except as provided in | |
20 | subsection (d)(3), and shall be punished as provided in subsection (d). | |
21 | (b)(1) Any person charged under subsection (a), whose blood alcohol concentration is eight | |
22 | one-hundredths of one percent (.08%) or more by weight, as shown by a chemical analysis of a | |
23 | blood, breath, or urine sample, shall be guilty of violating subsection (a). This provision shall not | |
24 | preclude a conviction based on other admissible evidence, including the testimony of a drug | |
25 | recognition expert or evaluator, certified pursuant to training approved by the Rhode Island | |
26 | Department of Transportation Office on Highway Safety. Proof of guilt under this section may also | |
27 | be based on evidence that the person charged was under the influence of intoxicating liquor, drugs, | |
28 | toluene, or any controlled substance defined in chapter 28 of title 21, or any combination of these, | |
29 | to a degree that rendered the person incapable of safely operating a vehicle. The fact that any person | |
30 | charged with violating this section is, or has been, legally entitled to use alcohol or a drug shall not | |
31 | constitute a defense against any charge of violating this section. | |
32 | (2) Whoever drives, or otherwise operates, any vehicle in the state with a blood presence | |
33 | of any scheduled controlled substance as defined within chapter 28 of title 21, as shown by analysis | |
34 | of a blood or urine sample, shall be guilty of a misdemeanor and shall be punished as provided in | |
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| |
1 | subsection (d). | |
2 | (c) In any criminal prosecution for a violation of subsection (a), evidence as to the amount | |
3 | of intoxicating liquor, toluene, or any controlled substance as defined in chapter 28 of title 21, or | |
4 | any combination of these, in the defendant's blood at the time alleged as shown by a chemical | |
5 | analysis of the defendant's breath, blood, saliva or urine or other bodily substance, shall be | |
6 | admissible and competent, provided that evidence is presented that the following conditions have | |
7 | been complied with: | |
8 | (1) The defendant has consented to the taking of the test upon which the analysis is made. | |
9 | Evidence that the defendant had refused to submit to the test shall not be admissible unless the | |
10 | defendant elects to testify. | |
11 | (2) A true copy of the report of the test result was mailed within seventy-two (72) hours of | |
12 | the taking of the test to the person submitting to a breath test. | |
13 | (3) Any person submitting to a chemical test of blood, urine, saliva or other body fluids | |
14 | shall have a true copy of the report of the test result mailed to him or her within thirty (30) days | |
15 | following the taking of the test. | |
16 | (4) The test was performed according to methods and with equipment approved by the | |
17 | director of the department of health of the state of Rhode Island and by an authorized individual. | |
18 | (5) Equipment used for the conduct of the tests by means of breath analysis had been tested | |
19 | for accuracy within thirty (30) days preceding the test by personnel qualified as hereinbefore | |
20 | provided, and breathalyzer operators shall be qualified and certified by the department of health | |
21 | within three hundred sixty-five (365) days of the test. | |
22 | (6) The person arrested and charged with operating a motor vehicle while under the | |
23 | influence of intoxicating liquor, toluene, or any controlled substance as defined in chapter 28 of | |
24 | title 21 or any combination of these in violation of subsection (a), was afforded the opportunity to | |
25 | have an additional chemical test. The officer arresting or so charging the person shall have informed | |
26 | the person of this right and afforded him or her a reasonable opportunity to exercise this right, and | |
27 | a notation to this effect is made in the official records of the case in the police department. Refusal | |
28 | to permit an additional chemical test shall render incompetent and inadmissible in evidence the | |
29 | original report. | |
30 | (d)(1)(i) Every person found to have violated subsection (b)(1) shall be sentenced as | |
31 | follows: for a first violation whose blood alcohol concentration is eight one-hundredths of one | |
32 | percent (.08%), but less than one-tenth of one percent (.1%), by weight, or who has a blood presence | |
33 | of any scheduled controlled substance as defined in subsection (b)(2), shall be subject to a fine of | |
34 | not less than one hundred dollars ($100), nor more than three hundred dollars ($300); shall be | |
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| |
1 | required to perform ten (10) to sixty (60) hours of public community restitution, and/or shall be | |
2 | imprisoned for up to one year. The sentence may be served in any unit of the adult correctional | |
3 | institutions in the discretion of the sentencing judge and/or shall be required to attend a special | |
4 | course on driving while intoxicated or under the influence of a controlled substance; provided, | |
5 | however, that the court may permit a servicemember or veteran to complete any court-approved | |
6 | counseling program administered or approved by the Veterans' Administration, and his or her | |
7 | driver's license shall be suspended for thirty (30) days up to one hundred eighty (180) days. The | |
8 | sentencing judge or magistrate may prohibit that person from operating a motor vehicle that is not | |
9 | equipped with an ignition interlock system as provided in § 31-27-2.8. | |
10 | (ii) Every person convicted of a first violation whose blood alcohol concentration is one- | |
11 | tenth of one percent (.1%) by weight or above, but less than fifteen hundredths of one percent | |
12 | (.15%), or whose blood alcohol concentration is unknown, shall be subject to a fine of not less than | |
13 | one hundred ($100) dollars, nor more than four hundred dollars ($400), and shall be required to | |
14 | perform ten (10) to sixty (60) hours of public community restitution and/or shall be imprisoned for | |
15 | up to one year. The sentence may be served in any unit of the adult correctional institutions in the | |
16 | discretion of the sentencing judge. The person's driving license shall be suspended for a period of | |
17 | three (3) months to twelve (12) months. The sentencing judge shall require attendance at a special | |
18 | course on driving while intoxicated or under the influence of a controlled substance and/or | |
19 | alcoholic or drug treatment for the individual; provided, however, that the court may permit a | |
20 | servicemember or veteran to complete any court-approved counseling program administered or | |
21 | approved by the Veterans' Administration. The sentencing judge or magistrate may prohibit that | |
22 | person from operating a motor vehicle that is not equipped with an ignition interlock system as | |
23 | provided in § 31-27-2.8. | |
24 | (iii) Every person convicted of a first offense whose blood alcohol concentration is fifteen | |
25 | hundredths of one percent (.15%) or above, or who is under the influence of a drug, toluene, or any | |
26 | controlled substance as defined in subsection (b)(1), shall be subject to a fine of five hundred dollars | |
27 | ($500) and shall be required to perform twenty (20) to sixty (60) hours of public community | |
28 | restitution and/or shall be imprisoned for up to one year. The sentence may be served in any unit | |
29 | of the adult correctional institutions in the discretion of the sentencing judge. The person's driving | |
30 | license shall be suspended for a period of three (3) months to eighteen (18) months. The sentencing | |
31 | judge shall require attendance at a special course on driving while intoxicated or under the influence | |
32 | of a controlled substance and/or alcohol or drug treatment for the individual; provided, however, | |
33 | that the court may permit a servicemember or veteran to complete any court-approved counseling | |
34 | program administered or approved by the Veterans' Administration. The sentencing judge or | |
|
| |
1 | magistrate shall prohibit that person from operating a motor vehicle that is not equipped with an | |
2 | ignition interlock system as provided in § 31-27-2.8. | |
3 | (2)(i) Every person convicted of a second violation within a five-year (5) period with a | |
4 | blood alcohol concentration of eight one-hundredths of one percent (.08%) or above, but less than | |
5 | fifteen hundredths of one percent (.15%), or whose blood alcohol concentration is unknown, or | |
6 | who has a blood presence of any controlled substance as defined in subsection (b)(2), and every | |
7 | person convicted of a second violation within a five-year (5) period, regardless of whether the prior | |
8 | violation and subsequent conviction was a violation and subsequent conviction under this statute | |
9 | or under the driving under the influence of liquor or drugs statute of any other state, shall be subject | |
10 | to a mandatory fine of four hundred dollars ($400). The person's driving license shall be suspended | |
11 | for a period of one year to two (2) years, and the individual shall be sentenced to not less than ten | |
12 | (10) days, nor more than one year, in jail. The sentence may be served in any unit of the adult | |
13 | correctional institutions in the discretion of the sentencing judge; however, not less than forty-eight | |
14 | (48) hours of imprisonment shall be served consecutively. The sentencing judge shall require | |
15 | alcohol or drug treatment for the individual; provided, however, that the court may permit a | |
16 | servicemember or veteran to complete any court-approved counseling program administered or | |
17 | approved by the Veterans' Administration and shall prohibit that person from operating a motor | |
18 | vehicle that is not equipped with an ignition interlock system as provided in § 31-27-2.8. | |
19 | (ii) Every person convicted of a second violation within a five-year (5) period whose blood | |
20 | alcohol concentration is fifteen hundredths of one percent (.15%) or above, by weight as shown by | |
21 | a chemical analysis of a blood, breath, or urine sample, or who is under the influence of a drug, | |
22 | toluene, or any controlled substance as defined in subsection (b)(1), shall be subject to mandatory | |
23 | imprisonment of not less than six (6) months, nor more than one year; a mandatory fine of not less | |
24 | than one thousand dollars ($1,000); and a mandatory license suspension for a period of two (2) | |
25 | years from the date of completion of the sentence imposed under this subsection. The sentencing | |
26 | judge shall require alcohol or drug treatment for the individual; provided, however, that the court | |
27 | may permit a servicemember or veteran to complete any court approved counseling program | |
28 | administered or approved by the Veterans' Administration. The sentencing judge or magistrate shall | |
29 | prohibit that person from operating a motor vehicle that is not equipped with an ignition interlock | |
30 | system as provided in § 31-27-2.8 | |
31 | (3)(i) Every person convicted of a third or subsequent violation within a five-year (5) | |
32 | period with a blood alcohol concentration of eight one-hundredths of one percent (.08%) or above, | |
33 | but less than fifteen hundredths of one percent (.15%), or whose blood alcohol concentration is | |
34 | unknown or who has a blood presence of any scheduled controlled substance as defined in | |
|
| |
1 | subsection (b)(2), regardless of whether any prior violation and subsequent conviction was a | |
2 | violation and subsequent conviction under this statute or under the driving under the influence of | |
3 | liquor or drugs statute of any other state, shall be guilty of a felony and be subject to a mandatory | |
4 | fine of four hundred ($400) dollars. The person's driving license shall be suspended for a period of | |
5 | two (2) years to three (3) years, and the individual shall be sentenced to not less than one year and | |
6 | not more than three (3) years in jail. The sentence may be served in any unit of the adult correctional | |
7 | institutions in the discretion of the sentencing judge; however, not less than forty-eight (48) hours | |
8 | of imprisonment shall be served consecutively. The sentencing judge shall require alcohol or drug | |
9 | treatment for the individual; provided, however, that the court may permit a servicemember or | |
10 | veteran to complete any court-approved counseling program administered or approved by the | |
11 | Veterans' Administration, and shall prohibit that person from operating a motor vehicle that is not | |
12 | equipped with an ignition interlock system as provided in § 31-27-2.8. | |
13 | (ii) Every person convicted of a third or subsequent violation within a five-year (5) period | |
14 | whose blood alcohol concentration is fifteen hundredths of one percent (.15%) above by weight as | |
15 | shown by a chemical analysis of a blood, breath, or urine sample, or who is under the influence of | |
16 | a drug, toluene, or any controlled substance as defined in subsection (b)(1), shall be subject to | |
17 | mandatory imprisonment of not less than three (3) years, nor more than five (5) years; a mandatory | |
18 | fine of not less than one thousand dollars ($1,000), nor more than five thousand dollars ($5,000); | |
19 | and a mandatory license suspension for a period of three (3) years from the date of completion of | |
20 | the sentence imposed under this subsection. The sentencing judge shall require alcohol or drug | |
21 | treatment for the individual. The sentencing judge or magistrate shall prohibit that person from | |
22 | operating a motor vehicle that is not equipped with an ignition interlock system as provided in § | |
23 | 31-27-2.8. | |
24 | (iii) In addition to the foregoing penalties, every person convicted of a third or subsequent | |
25 | violation within a five-year (5) period, regardless of whether any prior violation and subsequent | |
26 | conviction was a violation and subsequent conviction under this statute or under the driving under | |
27 | the influence of liquor or drugs statute of any other state, shall be subject, in the discretion of the | |
28 | sentencing judge, to having the vehicle owned and operated by the violator seized and sold by the | |
29 | state of Rhode Island, with all funds obtained by the sale to be transferred to the general fund. | |
30 | (4) Whoever drives or otherwise operates any vehicle in the state while under the influence | |
31 | of any intoxicating liquor, drugs, toluene, or any controlled substance as defined in chapter 28 of | |
32 | title 21, or any combination of these, when his or her license to operate is suspended, revoked, or | |
33 | cancelled for operating under the influence of a narcotic drug or intoxicating liquor, shall be guilty | |
34 | of a felony punishable by imprisonment for not more than three (3) years and by a fine of not more | |
|
| |
1 | than three thousand dollars ($3,000). The court shall require alcohol and/or drug treatment for the | |
2 | individual; provided, the penalties provided for in this subsection (d)(4) shall not apply to an | |
3 | individual who has surrendered his or her license and served the court-ordered period of suspension, | |
4 | but who, for any reason, has not had his or her license reinstated after the period of suspension, | |
5 | revocation, or suspension has expired; provided, further, the individual shall be subject to the | |
6 | provisions of subdivision (d)(2)(i), (d)(2)(ii), (d)(3)(i), (d)(3)(ii), or (d)(3)(iii) regarding subsequent | |
7 | offenses, and any other applicable provision of this section. | |
8 | (5)(i) For purposes of determining the period of license suspension, a prior violation shall | |
9 | constitute any charge brought and sustained under the provisions of this section or § 31-27-2.1. | |
10 | (ii) Any person over the age of eighteen (18) who is convicted under this section for | |
11 | operating a motor vehicle while under the influence of alcohol, other drugs, or a combination of | |
12 | these, while a child under the age of thirteen (13) years was present as a passenger in the motor | |
13 | vehicle when the offense was committed shall be subject to immediate license suspension pending | |
14 | prosecution. Any person convicted of violating this section shall be guilty of a misdemeanor for a | |
15 | first offense and may be sentenced to a term of imprisonment of not more than one year and a fine | |
16 | not to exceed one thousand dollars ($1,000). Any person convicted of a second or subsequent | |
17 | offense shall be guilty of a felony offense and may be sentenced to a term of imprisonment of not | |
18 | more than five (5) years and a fine not to exceed five thousand dollars ($5,000). The sentencing | |
19 | judge shall also order a license suspension of up to two (2) years, require attendance at a special | |
20 | course on driving while intoxicated or under the influence of a controlled substance, and alcohol | |
21 | or drug education and/or treatment. The individual may also be required to pay a highway | |
22 | assessment fee of no more than five hundred dollars ($500) and the assessment shall be deposited | |
23 | in the general fund. | |
24 | (6)(i) Any person convicted of a violation under this section shall pay a highway | |
25 | assessment fine of five hundred dollars ($500) that shall be deposited into the general fund. The | |
26 | assessment provided for by this subsection shall be collected from a violator before any other fines | |
27 | authorized by this section. | |
28 | (ii) Any person convicted of a violation under this section shall be assessed a fee of eighty- | |
29 | six dollars ($86). | |
30 | (7)(i) If the person convicted of violating this section is under the age of eighteen (18) | |
31 | years, for the first violation he or she shall be required to perform ten (10) to sixty (60) hours of | |
32 | public community restitution and the juvenile's driving license shall be suspended for a period of | |
33 | six (6) months, and may be suspended for a period up to eighteen (18) months. The sentencing | |
34 | judge shall also require attendance at a special course on driving while intoxicated or under the | |
|
| |
1 | influence of a controlled substance and alcohol or drug education and/or treatment for the juvenile. | |
2 | The juvenile may also be required to pay a highway assessment fine of no more than five hundred | |
3 | dollars ($500) and the assessment imposed shall be deposited into the general fund. | |
4 | (ii) If the person convicted of violating this section is under the age of eighteen (18) years, | |
5 | for a second or subsequent violation regardless of whether any prior violation and subsequent | |
6 | conviction was a violation and subsequent under this statute or under the driving under the influence | |
7 | of liquor or drugs statute of any other state, he or she shall be subject to a mandatory suspension of | |
8 | his or her driving license until such time as he or she is twenty-one (21) years of age and may, in | |
9 | the discretion of the sentencing judge, also be sentenced to the Rhode Island training school for a | |
10 | period of not more than one year and/or a fine of not more than five hundred dollars ($500). | |
11 | (8) Any person convicted of a violation under this section may undergo a clinical | |
12 | assessment at the community college of Rhode Island's center for workforce and community | |
13 | education. Should this clinical assessment determine problems of alcohol, drug abuse, or | |
14 | psychological problems associated with alcoholic or drug abuse, this person shall be referred to an | |
15 | appropriate facility, licensed or approved by the department of behavioral healthcare, | |
16 | developmental disabilities and hospitals, for treatment placement, case management, and | |
17 | monitoring. In the case of a servicemember or veteran, the court may order that the person be | |
18 | evaluated through the Veterans' Administration. Should the clinical assessment determine problems | |
19 | of alcohol, drug abuse, or psychological problems associated with alcohol or drug abuse, the person | |
20 | may have their treatment, case management, and monitoring administered or approved by the | |
21 | Veterans' Administration. | |
22 | (e) Percent by weight of alcohol in the blood shall be based upon milligrams of alcohol per | |
23 | one hundred (100) cubic centimeters of blood. | |
24 | (f)(1) There is established an alcohol and drug safety unit within the division of motor | |
25 | vehicles to administer an alcohol safety action program. The program shall provide for placement | |
26 | and follow-up for persons who are required to pay the highway safety assessment. The alcohol and | |
27 | drug safety action program will be administered in conjunction with alcohol and drug programs | |
28 | licensed by the department of behavioral healthcare, developmental disabilities and hospitals. | |
29 | (2) Persons convicted under the provisions of this chapter shall be required to attend a | |
30 | special course on driving while intoxicated or under the influence of a controlled substance, and/or | |
31 | participate in an alcohol or drug treatment program, which course and programs must meet the | |
32 | standards established by the Rhode Island department of behavioral healthcare, developmental | |
33 | disabilities and hospitals; provided, however, that the court may permit a servicemember or | |
34 | veteran to complete any court-approved counseling program administered or approved by the | |
|
| |
1 | Veterans' Administration. The course shall take into consideration any language barrier that may | |
2 | exist as to any person ordered to attend, and shall provide for instruction reasonably calculated to | |
3 | communicate the purposes of the course in accordance with the requirements of the subsection. | |
4 | Any costs reasonably incurred in connection with the provision of this accommodation shall be | |
5 | borne by the person being retrained. A copy of any violation under this section shall be forwarded | |
6 | by the court to the alcohol and drug safety unit. In the event that persons convicted under the | |
7 | provisions of this chapter fail to attend and complete the above course or treatment program, as | |
8 | ordered by the judge, then the person may be brought before the court, and after a hearing as to | |
9 | why the order of the court was not followed, may be sentenced to jail for a period not exceeding | |
10 | one year. | |
11 | (3) The alcohol and drug safety action program within the division of motor vehicles shall | |
12 | be funded by general revenue appropriations. | |
13 | (g) The director of the health department of the state of Rhode Island is empowered to | |
14 | make and file with the secretary of state regulations that prescribe the techniques and methods of | |
15 | chemical analysis of the person's body fluids or breath and the qualifications and certification of | |
16 | individuals authorized to administer this testing and analysis. | |
17 | (h) Jurisdiction for misdemeanor violations of this section shall be with the district court | |
18 | for persons eighteen (18) years of age or older and to the family court for persons under the age of | |
19 | eighteen (18) years. The courts shall have full authority to impose any sentence authorized and to | |
20 | order the suspension of any license for violations of this section. All trials in the district court and | |
21 | family court of violations of the section shall be scheduled within thirty (30) days of the arraignment | |
22 | date. No continuance or postponement shall be granted except for good cause shown. Any | |
23 | continuances that are necessary shall be granted for the shortest practicable time. Trials in superior | |
24 | court are not required to be scheduled within thirty (30) days of the arraignment date. | |
25 | (i) No fines, suspensions, assessments, alcohol or drug treatment programs, course on | |
26 | driving while intoxicated or under the influence of a controlled substance, public community | |
27 | restitution, or jail provided for under this section can be suspended. | |
28 | (j) An order to attend a special course on driving while intoxicated that shall be | |
29 | administered in cooperation with a college or university accredited by the state, shall include a | |
30 | provision to pay a reasonable tuition for the course in an amount not less than twenty-five dollars | |
31 | ($25.00), and a fee of one hundred seventy-five dollars ($175), which fee shall be deposited into | |
32 | the general fund. | |
33 | (k) For the purposes of this section, any test of a sample of blood, breath, or urine for the | |
34 | presence of alcohol that relies in whole or in part upon the principle of infrared light absorption is | |
|
| |
1 | considered a chemical test. | |
2 | (l) If any provision of this section, or the application of any provision, shall for any reason | |
3 | be judged invalid, such a judgment shall not affect, impair, or invalidate the remainder of the | |
4 | section, but shall be confined in this effect to the provision or application directly involved in the | |
5 | controversy giving rise to the judgment. | |
6 | (m) For the purposes of this section, "servicemember" means a person who is presently | |
7 | serving in the armed forces of the United States, including the Coast Guard, a reserve component | |
8 | thereof, or the National Guard. "Veteran" means a person who has served in the armed forces, | |
9 | including the Coast Guard of the United States, a reserve component thereof, or the National Guard, | |
10 | and has been discharged under other than dishonorable conditions. | |
11 | 31-27-2.1. Refusal to submit to chemical test. | |
12 | (a) Any person who operates a motor vehicle within this state shall be deemed to have | |
13 | given his or her consent to chemical tests of his or her breath, blood, saliva and/or urine for the | |
14 | purpose of determining the chemical content of his or her body fluids or breath. No more than two | |
15 | (2) complete tests, one for the presence of intoxicating liquor and one for the presence of toluene | |
16 | or any controlled substance, as defined in § 21-28-1.02(8), shall be administered at the direction of | |
17 | a law enforcement officer having reasonable grounds to believe the person to have been driving a | |
18 | motor vehicle within this state while under the influence of intoxicating liquor, toluene, or any | |
19 | controlled substance, as defined in chapter 28 of title 21, or any combination of these. The director | |
20 | of the department of health is empowered to make and file, with the secretary of state, regulations | |
21 | that prescribe the techniques and methods of chemical analysis of the person's body fluids or breath | |
22 | and the qualifications and certification of individuals authorized to administer the testing and | |
23 | analysis. | |
24 | (b) If a person, for religious or medical reasons, cannot be subjected to blood tests, the | |
25 | person may file an affidavit with the division of motor vehicles stating the reasons why he or she | |
26 | cannot be required to take blood tests and a notation to this effect shall be made on his or her | |
27 | license. If that person is asked to submit to chemical tests as provided under this chapter, the person | |
28 | shall only be required to submit to chemical tests of his or her breath, saliva or urine. When a person | |
29 | is requested to submit to blood tests, only a physician or registered nurse, or a medical technician | |
30 | certified under regulations promulgated by the director of the department of health, may withdraw | |
31 | blood for the purpose of determining the alcoholic content in it. This limitation shall not apply to | |
32 | the taking of breath, saliva or urine specimens. The person tested shall be permitted to have a | |
33 | physician of his or her own choosing, and at his or her own expense, administer chemical tests of | |
34 | his or her breath, saliva blood, and/or urine in addition to the tests administered at the direction of | |
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| |
1 | a law enforcement officer. If a person, having been placed under arrest, refuses upon the request of | |
2 | a law enforcement officer to submit to the tests, as provided in § 31-27-2, none shall be given, but | |
3 | a judge or magistrate of the traffic tribunal or district court judge or magistrate, upon receipt of a | |
4 | report of a law enforcement officer: that he or she had reasonable grounds to believe the arrested | |
5 | person had been driving a motor vehicle within this state under the influence of intoxicating liquor, | |
6 | toluene, or any controlled substance, as defined in chapter 28 of title 21, or any combination of | |
7 | these; that the person had been informed of his or her rights in accordance with § 31-27-3; that the | |
8 | person had been informed of the penalties incurred as a result of noncompliance with this section; | |
9 | and that the person had refused to submit to the tests upon the request of a law enforcement officer; | |
10 | shall promptly order that the person's operator's license or privilege to operate a motor vehicle in | |
11 | this state be immediately suspended, however, said suspension shall be subject to the hardship | |
12 | provisions enumerated in § 31-27-2.8. A traffic tribunal judge or magistrate, or a district court judge | |
13 | or magistrate, pursuant to the terms of subsection (c), shall order as follows: | |
14 | (1) Impose, for the first violation, a fine in the amount of two hundred dollars ($200) to | |
15 | five hundred dollars ($500) and shall order the person to perform ten (10) to sixty (60) hours of | |
16 | public community restitution. The person's driving license in this state shall be suspended for a | |
17 | period of six (6) months to one year. The traffic tribunal judge or magistrate shall require attendance | |
18 | at a special course on driving while intoxicated or under the influence of a controlled substance | |
19 | and/or alcohol or drug treatment for the individual. The traffic tribunal judge or magistrate may | |
20 | prohibit that person from operating a motor vehicle that is not equipped with an ignition interlock | |
21 | system as provided in § 31-27-2.8. | |
22 | (2) Every person convicted of a second violation within a five-year (5) period, except with | |
23 | respect to cases of refusal to submit to a blood test, shall be guilty of a misdemeanor; shall be | |
24 | imprisoned for not more than six (6) months; shall pay a fine in the amount of six hundred dollars | |
25 | ($600) to one thousand dollars ($1,000); perform sixty (60) to one hundred (100) hours of public | |
26 | community restitution; and the person's driving license in this state shall be suspended for a period | |
27 | of one year to two (2) years. The judge or magistrate shall require alcohol and/or drug treatment | |
28 | for the individual. The sentencing judge or magistrate shall prohibit that person from operating a | |
29 | motor vehicle that is not equipped with an ignition interlock system as provided in § 31-27-2.8. | |
30 | (3) Every person convicted for a third or subsequent violation within a five-year (5) period, | |
31 | except with respect to cases of refusal to submit to a blood test, shall be guilty of a misdemeanor; | |
32 | and shall be imprisoned for not more than one year; fined eight hundred dollars ($800) to one | |
33 | thousand dollars ($1,000); shall perform not less than one hundred (100) hours of public community | |
34 | restitution; and the person's operator's license in this state shall be suspended for a period of two | |
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1 | (2) years to five (5) years. The sentencing judge or magistrate shall prohibit that person from | |
2 | operating a motor vehicle that is not equipped with an ignition interlock system as provided in § | |
3 | 31-27-2.8. The judge or magistrate shall require alcohol or drug treatment for the individual. | |
4 | Provided, that prior to the reinstatement of a license to a person charged with a third or subsequent | |
5 | violation within a three-year (3) period, a hearing shall be held before a judge or magistrate. At the | |
6 | hearing, the judge or magistrate shall review the person's driving record, his or her employment | |
7 | history, family background, and any other pertinent factors that would indicate that the person has | |
8 | demonstrated behavior that warrants the reinstatement of his or her license. | |
9 | (4) For a second violation within a five-year (5) period with respect to a case of a refusal | |
10 | to submit to a blood test, a fine in the amount of six hundred dollars ($600) to one thousand dollars | |
11 | ($1,000); the person shall perform sixty (60) to one hundred (100) hours of public community | |
12 | restitution; and the person's driving license in this state shall be suspended for a period of two (2) | |
13 | years. The judicial officer shall require alcohol and/or drug treatment for the individual. The | |
14 | sentencing judicial officer shall prohibit that person from operating a motor vehicle that is not | |
15 | equipped with an ignition interlock system as provided in § 31-27-2.8. Such a violation with respect | |
16 | to refusal to submit to a chemical blood test shall be a civil offense. | |
17 | (5) For a third or subsequent violation within a five-year (5) period with respect to a case | |
18 | of a refusal to submit to a blood test, a fine in the amount of eight hundred dollars ($800) to one | |
19 | thousand dollars ($1,000); the person shall perform not less than one hundred (100) hours of public | |
20 | community restitution; and the person's driving license in this state shall be suspended for a period | |
21 | of two (2) to five (5) years. The sentencing judicial officer shall prohibit that person from operating | |
22 | a motor vehicle that is not equipped with an ignition interlock system as provided in § 31-27-2.8. | |
23 | The judicial officer shall require alcohol and/or drug treatment for the individual. Such a violation | |
24 | with respect to refusal to submit to a chemical test of blood shall be a civil offense. Provided, that | |
25 | prior to the reinstatement of a license to a person charged with a third or subsequent violation within | |
26 | a three-year (3) period, a hearing shall be held before a judicial officer. At the hearing, the judicial | |
27 | officer shall review the person's driving record, his or her employment history, family background, | |
28 | and any other pertinent factors that would indicate that the person has demonstrated behavior that | |
29 | warrants the reinstatement of their license. | |
30 | (6) For purposes of determining the period of license suspension, a prior violation shall | |
31 | constitute any charge brought and sustained under the provisions of this section or § 31-27-2. | |
32 | (7) In addition to any other fines, a highway safety assessment of five hundred dollars | |
33 | ($500) shall be paid by any person found in violation of this section, the assessment to be deposited | |
34 | into the general fund. The assessment provided for by this subsection shall be collected from a | |
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| |
1 | violator before any other fines authorized by this section. | |
2 | (8) In addition to any other fines and highway safety assessments, a two-hundred-dollar | |
3 | ($200) assessment shall be paid by any person found in violation of this section to support the | |
4 | department of health's chemical testing programs outlined in § 31-27-2(4), that shall be deposited | |
5 | as general revenues, not restricted receipts. | |
6 | (9) No fines, suspensions, assessments, alcohol or drug treatment programs, course on | |
7 | driving while intoxicated or under the influence of a controlled substance, or public community | |
8 | restitution provided for under this section can be suspended. | |
9 | (c) Upon suspending or refusing to issue a license or permit as provided in subsection (a), | |
10 | the traffic tribunal or district court shall immediately notify the person involved in writing, and | |
11 | upon his or her request, within fifteen (15) days, shall afford the person an opportunity for a hearing | |
12 | as early as practical upon receipt of a request in writing. Upon a hearing, the judge may administer | |
13 | oaths and may issue subpoenas for the attendance of witnesses and the production of relevant books | |
14 | and papers. If the judge finds after the hearing that: | |
15 | (1) The law enforcement officer making the sworn report had reasonable grounds to believe | |
16 | that the arrested person had been driving a motor vehicle within this state while under the influence | |
17 | of intoxicating liquor, toluene, or any controlled substance, as defined in chapter 28 of title 21, or | |
18 | any combination of these; | |
19 | (2) The person, while under arrest, refused to submit to the tests upon the request of a law | |
20 | enforcement officer; | |
21 | (3) The person had been informed of his or her rights in accordance with § 31-27-3; and | |
22 | (4) The person had been informed of the penalties incurred as a result of noncompliance | |
23 | with this section, the judge shall sustain the violation. The judge shall then impose the penalties set | |
24 | forth in subsection (b). Action by the judge must be taken within seven (7) days after the hearing | |
25 | or it shall be presumed that the judge has refused to issue his or her order of suspension. | |
26 | (d) For the purposes of this section, any test of a sample of blood, breath, or urine for the | |
27 | presence of alcohol that relies, in whole or in part, upon the principle of infrared light absorption is | |
28 | considered a chemical test. | |
29 | (e) If any provision of this section, or the application of any provision, shall, for any reason, | |
30 | be judged invalid, the judgment shall not affect, impair, or invalidate the remainder of the section, | |
31 | but shall be confined in this effect to the provisions or application directly involved in the | |
32 | controversy giving rise to the judgment. | |
33 | 31-27-2.9. Administration of chemical test. | |
34 | (a) Notwithstanding any provision of § 31-27-2.1, if an individual refuses to consent to a | |
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| |
1 | chemical test as provided in § 31-27-2.1, and a peace officer, as defined in § 12-7-21, has probable | |
2 | cause to believe that the individual has violated one or more of the following sections: 31-27-1, 31- | |
3 | 27-1.1, 31-27-2.2, or 31-27-2.6 and that the individual was operating a motor vehicle under the | |
4 | influence of any intoxicating liquor, toluene or any controlled substance as defined in chapter 21- | |
5 | 28, or any combination thereof, a chemical test may be administered without the consent of that | |
6 | individual provided that the peace officer first obtains a search warrant authorizing administration | |
7 | of the chemical test. The chemical test shall determine the amount of the alcohol or the presence of | |
8 | a controlled substance in that person's blood, saliva or breath. | |
9 | (b) The chemical test shall be administered in accordance with the methods approved by | |
10 | the director of the department of health as provided for in subdivision 31-27-2(c)(4). The individual | |
11 | shall be afforded the opportunity to have an additional chemical test as established in subdivision | |
12 | 31-27-2(c)(6). | |
13 | (c) Notwithstanding any other law to the contrary, including, but not limited to, chapter 5- | |
14 | 37.3, any health care provider who, as authorized by the search warrant in subsection (a): | |
15 | (i) Takes a blood, saliva or breath sample from an individual; or | |
16 | (ii) Performs the chemical test; or | |
17 | (iii) Provides information to a peace officer pursuant to subsection (a) above and who uses | |
18 | reasonable care and accepted medical practices shall not be liable in any civil or criminal | |
19 | proceeding arising from the taking of the sample, from the performance of the chemical test or from | |
20 | the disclosure or release of the test results. | |
21 | (d) The results of a chemical test performed pursuant to this section shall be admissible as | |
22 | competent evidence in any civil or criminal prosecution provided that evidence is presented in | |
23 | compliance with the conditions set forth in subdivisions 31-27-2(c)(3), 31-27-2(c)(4) and 31-27- | |
24 | 2(c)(6). | |
25 | (e) All chemical tests administered pursuant to this section shall be audio and video | |
26 | recorded by the law enforcement agency which applied for and was granted the search warrant | |
27 | authorizing the administration of the chemical test. | |
28 | SECTION 9. Sections 44-49-1, 44-49-2, 44-49-4, 44-49-5, 44-49-7, 44-49-8, 44-49-9, 44- | |
29 | 49-9.1, 44-49-10, 44-49-11 and 44-49-12 of the General Laws in Chapter 44-49 entitled "Taxation | |
30 | of Marijuana and Controlled Substances" are hereby amended to read as follows: | |
31 | 44-49-1. Short title. | |
32 | This chapter shall be known as the "Marijuana and Controlled Substances Taxation Act". | |
33 | 44-49-2. Definitions. | |
34 | (a) "Controlled substance" means any drug or substance, whether real or counterfeit, as | |
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| |
1 | defined in § 21-28-1.02(8), that is held, possessed, transported, transferred, sold, or offered to be | |
2 | sold in violation of Rhode Island laws. "Controlled substance" does not include marijuana. | |
3 | (b) "Dealer" means a person who in violation of Rhode Island law manufactures, produces, | |
4 | ships, transports, or imports into Rhode Island or in any manner acquires or possesses more than | |
5 | forty-two and one half (42.5) grams of marijuana, or seven (7) or more grams of any controlled | |
6 | substance, or ten (10) or more dosage units of any controlled substance which is not sold by weight. | |
7 | A quantity of marijuana or a controlled substance is measured by the weight of the substance | |
8 | whether pure or impure or dilute, or by dosage units when the substance is not sold by weight, in | |
9 | the dealer's possession. A quantity of a controlled substance is dilute if it consists of a detectable | |
10 | quantity of pure controlled substance and any excipients or fillers. | |
11 | (c) "Marijuana" means any marijuana, whether real or counterfeit, as defined in § 21-28- | |
12 | 1.02(30), that is held, possessed, transported, transferred, sold, or offered to be sold in violation of | |
13 | Rhode Island laws. | |
14 | 44-49-4. Rules. | |
15 | The tax administrator may adopt rules necessary to enforce this chapter. The tax | |
16 | administrator shall adopt a uniform system of providing, affixing, and displaying official stamps, | |
17 | official labels, or other official indicia for marijuana and controlled substances on which a tax is | |
18 | imposed. | |
19 | 44-49-5. Tax payment required for possession. | |
20 | No dealer may possess any marijuana or controlled substance upon which a tax is imposed | |
21 | under this chapter unless the tax has been paid on the marijuana or a controlled substance as | |
22 | evidenced by a stamp or other official indicia. | |
23 | 44-49-7. Pharmaceuticals. | |
24 | Nothing in this chapter shall require persons lawfully in possession of marijuana or a | |
25 | controlled substance to pay the tax required under this chapter. | |
26 | 44-49-8. Measurement. | |
27 | For the purpose of calculating this tax, a quantity of marijuana or a controlled substance is | |
28 | measured by the weight of the substance whether pure or impure or dilute, or by dosage units when | |
29 | the substance is not sold by weight, in the dealer's possession. A quantity of a controlled substance | |
30 | is dilute if it consists of a detectable quantity of pure controlled substance and any excipients or | |
31 | fillers. | |
32 | 44-49-9. Tax rate. | |
33 | A tax is imposed on marijuana and controlled substances as defined in § 44-49-2 at the | |
34 | following rates: | |
|
| |
1 | (1) On each gram of marijuana, or each portion of a gram, three dollars and fifty cents | |
2 | ($3.50); and | |
3 | (2)(1) On each gram of controlled substance, or portion of a gram, two hundred dollars | |
4 | ($200); or | |
5 | (3)(2) On each ten (10) dosage units of a controlled substance that is not sold by weight, | |
6 | or portion of the dosage units, four hundred dollars ($400). | |
7 | 44-49-9.1. Imposition of tax, interest and liens. | |
8 | (a) Any law enforcement agency seizing marijuana and/or controlled substances as defined | |
9 | in § 44-49-2 in the quantities set forth in that section shall report to the division of taxation no later | |
10 | than the twenty-fifth (25th) of each month, the amount of all marijuana and controlled substances | |
11 | seized during the previous month and the name and address of each dealer from whom the | |
12 | marijuana and controlled substances were seized. | |
13 | (b) The tax administrator shall assess the dealer for any tax due at the rate provided by § | |
14 | 44-49-9. The tax shall be payable within fifteen (15) days after its assessment and, if not paid when | |
15 | due, shall bear interest from the date of its assessment at the rate provided in § 44-1-7 until paid. | |
16 | (c) The tax administrator may file a notice of tax lien upon the real property of the dealer | |
17 | located in this state immediately upon mailing a notice of assessment to the dealer at the address | |
18 | listed in the report of the law enforcement agency. The tax administrator may discharge the lien | |
19 | imposed upon the filing of a bond satisfactory to the tax administrator in an amount equal to the | |
20 | tax, interest and penalty imposed under this chapter. | |
21 | 44-49-10. Penalties -- Criminal provisions. | |
22 | (a) Penalties. Any dealer violating this chapter is subject to a penalty of one hundred | |
23 | percent (100%) of the tax in addition to the tax imposed by § 44-49-9. The penalty will be collected | |
24 | as part of the tax. | |
25 | (b) Criminal penalty; sale without affixed stamps. In addition to the tax penalty imposed, | |
26 | a dealer distributing or possessing marijuana or controlled substances without affixing the | |
27 | appropriate stamps, labels, or other indicia is guilty of a crime and, upon conviction, may be | |
28 | sentenced to imprisonment for not more than five (5) years, or to payment of a fine of not more | |
29 | than ten thousand dollars ($10,000), or both. | |
30 | (c) Statute of limitations. An indictment may be found and filed, or a complaint filed, upon | |
31 | any criminal offense specified in this section, in the proper court within six (6) years after the | |
32 | commission of this offense. | |
33 | 44-49-11. Stamp price. | |
34 | Official stamps, labels, or other indicia to be affixed to all marijuana or controlled | |
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| |
1 | substances shall be purchased from the tax administrator. The purchaser shall pay one hundred | |
2 | percent (100%) of face value for each stamp, label, or other indicia at the time of the purchase. | |
3 | 44-49-12. Payment due. | |
4 | (a) Stamps affixed. When a dealer purchases, acquires, transports, or imports into this state | |
5 | marijuana or controlled substances on which a tax is imposed by § 44-49-9, and if the indicia | |
6 | evidencing the payment of the tax have not already been affixed, the dealer shall have them | |
7 | permanently affixed on the marijuana or controlled substance immediately after receiving the | |
8 | substance. Each stamp or other official indicia may be used only once. | |
9 | (b) Payable on possession. Taxes imposed upon marijuana or controlled substances by this | |
10 | chapter are due and payable immediately upon acquisition or possession in this state by a dealer. | |
11 | SECTION 10. Title 44 of the General Laws entitled "TAXATION" is hereby amended by | |
12 | adding thereto the following chapter: | |
13 | 44-49.1-1. Short title. | |
14 | This chapter shall be known as the "Cannabis Taxation Act.” | |
15 | 44-49.1-2. Definitions. | |
16 | As used in this chapter, unless the context clearly indicates otherwise, the following words | |
17 | and phrases shall have the following meanings: | |
18 | (1) "Administrator" means the tax administrator. | |
19 | (2) “Department of business regulation” means the office of cannabis regulation with the | |
20 | department of business regulation or its successor agency. | |
21 | (3) “Cannabis” means all parts of the plant of the genus marijuana, also known as | |
22 | marijuana sativa L, whether growing or not; the seeds thereof; the resin extracted from any | |
23 | part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation | |
24 | of the plant, its seeds, or resin regardless of cannabinoid content or cannabinoid potency including | |
25 | “marijuana”, and “industrial hemp” or “industrial hemp products” which satisfy the requirements | |
26 | of this chapter. | |
27 | (4) “Cannabidiol” or “CBD” means cannabidiol (CBD) derived from a hemp plant as | |
28 | defined in § 2-26-3(7), not including products derived from exempt cannabis plant material as | |
29 | defined in C.F.R. § 1308.35. | |
30 | (5) “Licensee” means any licensed cultivator, licensed processor, and licensed retailer, as | |
31 | defined below. | |
32 | (6) “Licensed cultivator” means a person who has been licensed by the department of | |
33 | business regulation to cultivate marijuana pursuant to chapters 28.6 or 28.11 of title 21. | |
34 | (7) “Licensed processor” means a person who has been licensed by the department of | |
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| |
1 | business regulation to process marijuana pursuant to chapters 28.6 or 28.11 of title 21. | |
2 | (8) “Licensed retailer” means a compassion center who has been licensed by the | |
3 | department of business regulation pursuant to chapter 28.6 of title 21, or a a marijuana retailer who | |
4 | has been licensed by the department of business regulation pursuant to chapter 28.11 of title 21. | |
5 | (9) “Licensed marijuana cultivator” means a person who has been licensed to cultivate | |
6 | marijuana by the department of business regulation pursuant to chapter 28.11 of title 21. | |
7 | (10) “Licensed marijuana processor” means a person who has been licensed to process | |
8 | marijuana by the by the department of business regulation pursuant to chapter 28.11 of title 21. | |
9 | (11) “Licensed marijuana retailer” means a person who has been licensed to sell marijuana | |
10 | by the department of business regulation pursuant to chapter 28.11 of title 21. | |
11 | (12) “Marijuana” has the meaning given that term in § 21-28-1.02(30). | |
12 | (13) “Marijuana flower” means the flower or bud from a marijuana plant. | |
13 | (14) “Marijuana products” means any form of marijuana, including concentrated marijuana | |
14 | and products that are comprised of marijuana and other ingredients that are intended for use or | |
15 | consumption, such as, but not limited to, extracts, infusions, edible products, ointments, and | |
16 | tinctures, as further defined in regulations promulgated by the department of business regulation. | |
17 | (15) “Marijuana trim” means any part of the marijuana plant other than marijuana flower. | |
18 | (16) "Hemp products" or “industrial hemp products” means all products made from the | |
19 | plants, including, but not limited to, concentrated oil, cloth, cordage, fiber, food, fuel, hemp-derived | |
20 | consumable CBD products, paint, paper, construction materials, plastics, seed, seed meal, seed oil, | |
21 | and certified for cultivation., which satisfy the requirements of chapter 26 of title 2. | |
22 | (17) “Hemp-derived consumable CBD product” means any product meant for ingestion, | |
23 | including but not limited to concentrates, extracts, and cannabis-infused products, which contains | |
24 | cannabidiol (CBD) derived from a hemp plant as defined in § 2-26-3(7), not including products | |
25 | derived from exempt cannabis plant material as defined in C.F.R. § 1308.35. | |
26 | (18) “Licensed CBD distributor” means a person licensed to distribute hemp-derived | |
27 | consumable CBD products pursuant to chapter 26 of title 2. | |
28 | (19) “Licensed CBD retailer” means a person licensed to sell hemp-derived consumable | |
29 | CBD products pursuant to chapter 26 of title 2. | |
30 | (20) "Person" means any individual, including an employee or agent, firm, fiduciary, | |
31 | partnership, corporation, trust, or association, however formed. | |
32 | (21) “Transfer” means the change of possession of marijuana between the operations of a | |
33 | licensed cultivator and either a licensed processor or licensed retailer, even if any of those licenses | |
34 | are held by the same person. Transfers do not have to include compensation and do not have to | |
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| |
1 | involve the physical relocation of marijuana to be taxable under this chapter. | |
2 | 44-49.1-3. Cultivator, retailer licenses required. | |
3 | Each person engaging in the business of cultivating marijuana, selling marijuana products, | |
4 | or selling hemp-derived consumable CBD products in this state, shall secure a license from the | |
5 | department of business regulation before engaging in that business, or continuing to engage in it. | |
6 | A separate application and license is required for each place of business operated by the retailer. A | |
7 | licensee shall notify the department of business regulation and tax administrator simultaneously | |
8 | within thirty (30) days in the event that it changes its principal place of business. A separate license | |
9 | is required for each type of business if the applicant is engaged in more than one of the activities | |
10 | required to be licensed by this section. | |
11 | 44-49.1-4. Marijuana cultivator excise tax. | |
12 | (a) An excise tax is imposed on all marijuana cultivated by licensed cultivators pursuant to | |
13 | chapter 28.6 of title 21 and chapter 28.11 of title 21. The rate of taxation is as follows: | |
14 | (1) Three dollars ($3.00) for every dried ounce of marijuana trim and a proportionate tax | |
15 | at the like rate on all fractional parts of an ounce thereof, and | |
16 | (2) Ten dollars ($10.00) for every dried ounce of marijuana flower and a proportionate tax | |
17 | at the like rate on all fractional parts of an ounce thereof. | |
18 | (b) Marijuana trim and marijuana flower that has not reach a dried state will be taxed using | |
19 | equivalent amounts as established by regulations promulgated by the department of taxation and | |
20 | the department of business regulation. | |
21 | (c) The excise tax is assessed and levied upon the sale or transfer of marijuana by a licensed | |
22 | cultivator to any other licensee. | |
23 | (d) This section is effective as of October 1, 2019. | |
24 | 44-49.1-5. Adult use marijuana retail excise tax. | |
25 | (a) An excise tax is imposed on all marijuana sold by licensed marijuana retailers pursuant | |
26 | to chapter 28.11 of title 21 at a rate of ten percent (10%) of the gross sales of marijuana products. | |
27 | This excise tax is in addition to taxes imposed by chapter 18 of title 44. | |
28 | (b) Any marijuana retailer shall collect the taxes imposed by this section from any | |
29 | purchaser to whom the sale of marijuana products is made and shall remit to the state the tax levied | |
30 | by this section. | |
31 | (c) The marijuana retailer shall add the tax imposed by this chapter to the sale price or | |
32 | charge, and when added the tax constitutes a part of the price or charge, is a debt from the consumer | |
33 | or user to the retailer, and is recoverable at law in the same manner as other debts; provided, that | |
34 | the amount of tax that the retailer collects from the consumer or user is as follows: | |
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| |
1 | Amount of Fair Market Value, as Tax | |
2 | $0.01 to $ .09 inclusive No Tax | |
3 | .10 to .19 inclusive .01 | |
4 | .20 to .29 inclusive .02 | |
5 | .30 to .39 inclusive .03 | |
6 | .40 to .49 inclusive .04 | |
7 | .50 to .59 inclusive .05 | |
8 | .60 to .69 inclusive .06 | |
9 | .70 to .79 inclusive .07 | |
10 | .80 to .89 inclusive .08 | |
11 | .90 to .99 inclusive .09 | |
12 | .100 to .109 inclusive .10 | |
13 | and where the amount of the sale is more than one dollar and nine cents ($1.09) the amount | |
14 | of the tax is computed at the rate of ten percent (10%) | |
15 | (d) It shall be deemed a violation of this section for a marijuana retailer to fail to separately | |
16 | state the tax imposed in this section and instead include it in the sale price of marijuana products. | |
17 | The tax levied in this article shall be imposed is in addition to all other taxes imposed by the state, | |
18 | or any municipal corporation or political subdivision of any of the foregoing. | |
19 | 44-49.1-6. Hemp-derived consumable CBD products tax. | |
20 | (a) A tax is imposed on all hemp-derived consumable CBD products sold, or held for sale | |
21 | in the state by any person, the payment of the tax to be accomplished according to a mechanism | |
22 | established by the tax administrator. The tax imposed by this section shall be as follows at the rate | |
23 | of eighty percent (80%) of the wholesale cost of hemp-derived consumable CBD products. | |
24 | (b) Any licensed CBD retailer who purchases hemp-derived consumable CBD products | |
25 | from a distributor who does not possess a valid Rhode Island distributor’s license shall, with respect | |
26 | to the storage or use of which a tax is imposed by this section shall, within five (5) days after | |
27 | coming into possession of the hemp-derived consumable CBD products in this state, file a return | |
28 | with the tax administrator in a form prescribed by the tax administrator. The return shall be | |
29 | accompanied by a payment of the amount of the tax shown on the form to be due. Records required | |
30 | under this section shall be preserved on the premises described in the relevant license in such a | |
31 | manner as to ensure permanency and accessibility for inspection at reasonable hours by authorized | |
32 | personnel of the administrator. | |
33 | (c) The proceeds collected are paid into the general fund. | |
34 | (d) This section shall be effective commencing on the first month following thirty (30) days | |
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1 | after promulgation of the final regulations issued by the department of business regulation that | |
2 | establish the CBD distributor and CBD retailer licenses. | |
3 | 44-49.1-7. Returns. | |
4 | (a) Every licensed cultivator shall, on or before the twentieth (20th) day of the month | |
5 | following the sale or transfer of marijuana, make a return to the tax administrator for taxes due | |
6 | under § 44-49.1-4. Licensed cultivators shall file their returns on a form as prescribed by the tax | |
7 | administrator. | |
8 | (b) Every licensed marijuana retailer shall, on or before the twentieth (20th) day of the | |
9 | month following the sale of marijuana products, make a return to the tax administrator for taxes | |
10 | due under § 44-49.1-5. Licensed retailers shall file their returns on a form as prescribed by the tax | |
11 | administrator. | |
12 | (c) If for any reason an marijuana retailer fails to collect the tax imposed § 44-49.1-5 from | |
13 | the purchaser, the purchaser shall file a return and pay the tax directly to the state, on or before the | |
14 | date required by subsection (b) of this section. | |
15 | (d) Every licensed CBD distributor shall, on or before the tenth (10th) day of the month | |
16 | following the sale of hemp-derived consumable CBD products, make a return to the tax | |
17 | administrator for taxes due under § 44-49.1-6. Licensed CBD retailers shall file their returns on a | |
18 | form as prescribed by the tax administrator. | |
19 | (e) There is created with the general fund a restricted receipt account to be known as the | |
20 | “marijuana cash use surcharge” account. Surcharge collected pursuant to subsection (f) shall be | |
21 | deposited into this account and be used to finance costs associated with processing and handling | |
22 | cash payments for taxes paid under this chapter. The restricted receipt account will be housed within | |
23 | the budget of the department of revenue. All amounts deposited into the marijuana cash use | |
24 | surcharge account shall be exempt from the indirect cost recovery provisions of § 35-4-27. | |
25 | (f) Any licensee who makes a payment in cash for taxes due under this chapter, or taxes | |
26 | due under chapters 18 or 67 of this title, shall pay a ten percent (10%) penalty on the amount of | |
27 | that payment to the division of taxation. Payment of a tax return with less than one thousand dollars | |
28 | ($1,000) in taxes due per month, on average, shall not be subject to the penalty. | |
29 | (g) Notwithstanding any other provision of law, the name of the licensee and the amount | |
30 | of tax paid under this chapter shall be available to the public for inspection by any person. | |
31 | 44-49.1-8. Sale of contraband products prohibited. | |
32 | (a) No person shall sell, offer for sale, display for sale, or possess with intent to sell any | |
33 | contraband marijuana, marijuana products, or hemp-derived consumable CBD products. | |
34 | (b) Any marijuana, marijuana products, or hemp-derived consumable CBD products | |
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1 | exchanged in which one of the two entities does not have a license or exchanged between a non- | |
2 | licensed entity and a consumer shall be considered contraband. | |
3 | (c) Any marijuana, marijuana products, or hemp-derived consumable CBD products for | |
4 | which applicable taxes have not been paid as specified in title 44 shall be considered contraband. | |
5 | (d) Failure to comply with the provisions of this chapter may result in the imposition of the | |
6 | applicable civil penalties in title 44; however, the possession of marijuana, marijuana products, or | |
7 | hemp-derived consumable CBD products as described in this chapter do not constitute contraband | |
8 | for purposes of imposing a criminal penalty under chapter 28 of title 21. | |
9 | 44-49.1-9. Recordkeeping. | |
10 | (a) Each licensee shall maintain copies of invoices or equivalent documentation for, or | |
11 | itemized for, each of its facilities for each involving the sale or transfer of marijuana, marijuana | |
12 | products, or hemp-derived consumable CBD products. All records and invoices required under this | |
13 | section must be safely preserved for three (3) years in a manner to insure permanency and | |
14 | accessibility for inspection by the administrator or his or her authorized agents. | |
15 | (b) Records required under this section shall be preserved on the premises described in the | |
16 | relevant license in such a manner as to ensure permanency and accessibility for inspection at | |
17 | reasonable hours by authorized personnel of the administrator. With the tax administrator's | |
18 | permission, persons with multiple places of business may retain centralized records but shall | |
19 | transmit duplicates of the invoices or the equivalent documentation to each place of business within | |
20 | twenty-four (24) hours upon the request of the administrator or his or her designee. | |
21 | (c) Any person who fails to submit the reports required in this chapter or by the tax | |
22 | administrator under this chapter, or who makes any incomplete, false, or fraudulent report, or who | |
23 | refuses to permit the tax administrator or his or her authorized agent to examine any books, records, | |
24 | papers, or stocks of marijuana, marijuana products, or hemp-derived consumable CBD products as | |
25 | provided in this chapter, or who refuses to supply the tax administrator with any other information | |
26 | which the tax administrator requests for the reasonable and proper enforcement of the provisions | |
27 | of this chapter, shall be guilty of a misdemeanor punishable by imprisonment up to one (1) year, or | |
28 | a fine of not more than five thousand dollars ($5,000), or both, for the first offense, and for each | |
29 | subsequent offense, shall be fined not more than ten thousand dollars ($10,000), or be imprisoned | |
30 | not more than five (5) years, or both. | |
31 | 44-49.1-10. Inspections and investigations. | |
32 | (a) The tax administrator or his or her duly authorized agent shall have authority to enter | |
33 | and inspect, without a warrant during normal business hours, and with a warrant during nonbusiness | |
34 | hours, the facilities and records of any licensee. | |
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1 | (b) In any case where the administrator or his or her duly authorized agent, or any police | |
2 | officer of this state, has knowledge or reasonable grounds to believe that any vehicle is transporting | |
3 | marijuana, marijuana products, or hemp-derived consumable CBD products in violation of this | |
4 | chapter, the administrator, such agent, or such police officer, is authorized to stop such vehicle and | |
5 | to inspect the same for contraband marijuana, marijuana products, or hemp-derived consumable | |
6 | CBD products. | |
7 | (c) For the purpose of determining the correctness of any return, determining the amount | |
8 | of tax that should have been paid, determining whether or not the licensee should have made a | |
9 | return or paid taxes, or collecting any taxes under this chapter, the tax administrator may examine, | |
10 | or cause to be examined, any books, papers, records, or memoranda, that may be relevant to making | |
11 | those determinations, whether the books, papers, records, or memoranda, are the property of or in | |
12 | the possession of the dealer of another person. The tax administrator may require the attendance of | |
13 | any person having knowledge or information that may be relevant, compel the production of books, | |
14 | papers, records, or memoranda by persons required to attend, take testimony on matters material to | |
15 | the determination, and administer oaths or affirmations. Upon demand of the tax administrator or | |
16 | any examiner or investigator, the court administrator of any court shall issue a subpoena for the | |
17 | attendance of a witness or the production of books, papers, records, and memoranda. The tax | |
18 | administrator may also issue subpoenas. Disobedience of subpoenas issued under this chapter is | |
19 | punishable by the superior court of the district in which the subpoena is issued, or, if the subpoena | |
20 | is issued by the tax administrator, by the superior court or the county in which the party served with | |
21 | the subpoena is located, in the same manner as contempt of superior court. | |
22 | 44-49.1-11. Suspension or revocation of license. | |
23 | The tax administrator may request the department of business regulation to, and upon such | |
24 | request the department shall be authorized to, suspend or revoke any license under this chapter for | |
25 | failure of the licensee to comply with any provision of this chapter or with any provision of any | |
26 | other law or ordinance relative to the sale or transfer of marijuana, marijuana products, or hemp- | |
27 | derived consumable CBD products. | |
28 | 44-49.1-12. Seizure and destruction. | |
29 | Any marijuana, marijuana products, or hemp-derived consumable CBD products found in | |
30 | violation of this chapter shall be declared to be contraband goods and may be seized by the tax | |
31 | administrator, his or her agents, or employees, or by any deputy sheriff, or police officer when | |
32 | directed by the tax administrator to do so, without a warrant. For the purposes of seizing and | |
33 | destroying contraband marijuana, employees of the department of business regulation may act as | |
34 | agents of the tax administrator. The seizure and/or destruction of any marijuana, marijuana | |
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1 | products, or hemp-derived consumable CBD products under the provisions of this section does not | |
2 | relieve any person from a fine or other penalty for violation of this chapter. The tax administrator | |
3 | may promulgate rules and regulations for the destruction of contraband goods pursuant to this | |
4 | section. These rules and regulations may be promulgated jointly with the department of business | |
5 | regulation. | |
6 | 44-49.1-13. Penalties. | |
7 | (a) Failure to file tax returns or to pay tax. In the case of failure: | |
8 | (1) To file. The tax return on or before the prescribed date, unless it is shown that the failure | |
9 | is due to reasonable cause and not due to willful neglect, an addition to tax shall be made equal to | |
10 | ten percent (10%) of the tax required to be reported. For this purpose, the amount of tax required | |
11 | to be reported shall be reduced by an amount of the tax paid on or before the date prescribed for | |
12 | payment and by the amount of any credit against the tax which may properly be claimed upon the | |
13 | return; | |
14 | (2) To pay. The amount shown as tax on the return on or before the prescribed date for | |
15 | payment of the tax unless it is shown that the failure is due to reasonable cause and not due to | |
16 | willful neglect, there shall be added to the amount shown as tax on the return ten percent (10%) of | |
17 | the amount of the tax. | |
18 | (b) Negligence. If any part of a deficiency is due to negligence or intentional disregard of | |
19 | the Rhode Island General Laws or rules or regulations under this chapter (but without intent to | |
20 | defraud), five percent (5%) of that part of the deficiency shall be added to the tax. | |
21 | (c) Fraud. If any part of a deficiency is due to fraud, fifty percent (50%) of that part of the | |
22 | deficiency shall be added to the tax. This amount shall be in lieu of any other additional amounts | |
23 | imposed by subsections (a) and (b) of this section. | |
24 | (d) Failure to collect and pay over tax. Any person required to collect, truthfully account | |
25 | for, and pay over any tax under this title who willfully fails to collect the tax or truthfully account | |
26 | for and pay over the tax or willfully attempts in any manner to evade or defeat the tax or the payment | |
27 | thereof, shall, in addition to other penalties provided by law, be liable to a civil penalty equal to the | |
28 | total amount of the tax evaded, or not collected, or not accounted for and paid over. | |
29 | (e) Additions and penalties treated as tax. The additions to the tax and civil penalties | |
30 | provided by this section shall be paid upon notice and demand and shall be assessed, collected, and | |
31 | paid in the same manner as taxes. | |
32 | (f) Bad checks. If any check or money order in payment of any amount receivable under | |
33 | this title is not duly paid, in addition to any other penalties provided by law, there shall be paid as | |
34 | a penalty by the person who tendered the check, upon notice and demand by the tax administrator | |
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1 | or his or her delegate, in the same manner as tax, an amount equal to one percent (1%) of the amount | |
2 | of the check, except that if the amount of the check is less than five hundred dollars ($500), the | |
3 | penalty under this section shall be five dollars ($5.00). This subsection shall not apply if the person | |
4 | tendered the check in good faith and with reasonable cause to believe that it would be duly paid. | |
5 | (g) Misuse of Trust Funds. Any retailer and any officer, agent, servant, or employee of | |
6 | any corporate retailer responsible for either the collection or payment of the tax, who appropriates | |
7 | or converts the tax collected to his or her own use or to any use other than the payment of the tax | |
8 | to the extent that the money required to be collected is not available for payment on the due date as | |
9 | prescribed in this chapter, shall upon conviction for each offense be fined not more than ten | |
10 | thousand dollars ($10,000), or be imprisoned for one year, or by both fine and imprisonment, both | |
11 | fine and imprisonment to be in addition to any other penalty provided by this chapter. | |
12 | (h) Whoever fails to pay any tax imposed by § 44-49.1-4 or § 44-49.1-6 at the time | |
13 | prescribed by law or regulations, shall, in addition to any other penalty provided in this chapter, be | |
14 | liable for a penalty of one thousand dollars ($1,000) or not more than five (5) times the tax due but | |
15 | unpaid, whichever is greater. | |
16 | (i) When determining the amount of a penalty sought or imposed under this section, | |
17 | evidence of mitigating or aggravating factors, including history, severity, and intent, shall be | |
18 | considered. | |
19 | 44-49.1-14. Claim for refund. | |
20 | Whenever the tax administrator determines that any person is entitled to a refund of any | |
21 | moneys paid by a person under the provisions of this chapter, or whenever a court of competent | |
22 | jurisdiction orders a refund of any moneys paid, the general treasurer shall, upon certification by | |
23 | the tax administrator and with the approval of the director of administration, pay the refund from | |
24 | any moneys in the treasury not appropriated without any further act or resolution making | |
25 | appropriation for the refund. No refund is allowed unless a claim is filed with the tax administrator | |
26 | within three (3) years from the fifteenth (15th) day after the close of the month for which the | |
27 | overpayment was made. | |
28 | 44-49.1-15. Hearings and appeals. | |
29 | (a) Any person aggrieved by any action under this chapter of the tax administrator or his | |
30 | or her authorized agent for which a hearing is not elsewhere provided may apply to the tax | |
31 | administrator, in writing, within thirty (30) days of the action for a hearing, stating the reasons why | |
32 | the hearing should be granted and the manner of relief sought. The tax administrator shall notify | |
33 | the applicant of the time and place fixed for the hearing. After the hearing, the tax administrator | |
34 | may make the order in the premises as may appear to the tax administrator just and lawful and shall | |
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1 | furnish a copy of the order to the applicant. The tax administrator may, by notice in writing, at any | |
2 | time, order a hearing on his or her own initiative and require the taxpayer or any other individual | |
3 | whom the tax administrator believes to be in possession of information concerning any | |
4 | manufacture, importation, or sale of cigarettes to appear before the tax administrator or his or her | |
5 | authorized agent with any specific books of account, papers, or other documents, for examination | |
6 | relative to the hearing. | |
7 | (b) Appeals from administrative orders or decisions made pursuant to any provisions of | |
8 | this chapter shall be to the sixth division district court pursuant to chapter 8 of title 8. The taxpayer's | |
9 | right to appeal under this section shall be expressly made conditional upon prepayment of all taxes, | |
10 | interest, and penalties, unless the taxpayer moves for and is granted an exemption from the | |
11 | prepayment requirement pursuant to § 8-8-26. | |
12 | 44-49.1-16. Disclosure of information to the office of cannabis regulation. | |
13 | Notwithstanding any other provision of law, the tax administrator may make available to | |
14 | an officer or employee of the office of cannabis regulation of the Rhode Island department of | |
15 | business regulation, any information that the administrator may consider proper contained in tax | |
16 | reports or returns or any audit or the report of any investigation made with respect to them, filed | |
17 | pursuant to the tax laws of this state, to whom disclosure is necessary for the purposes ensuring | |
18 | compliance with state law and regulations. | |
19 | 44-49.1-17. Transfer of revenue to the marijuana trust fund. | |
20 | (a) The division of taxation shall transfer all collections from marijuana cultivator excise | |
21 | tax and the adult use marijuana retail excise tax, including penalties or forfeitures, interest, costs of | |
22 | suit and fines, to the marijuana trust fund established by § 21-28.11-18. | |
23 | (b) The division of taxation shall transfer all collections remitted by licensed retailers | |
24 | pursuant to § 44-18-18 due to the net revenue of marijuana products. The tax administrator may | |
25 | base this transfer on an estimate of the net revenue of marijuana products derived from any other | |
26 | tax data collected under title 44 or data shared by the department of business regulation. | |
27 | 44-49.1-18. Rules and regulations. | |
28 | The tax administrator is authorized to promulgate rules and regulations to carry out the | |
29 | provisions, policies, and purposes of this chapter. | |
30 | 44-49.1-19. Severability. | |
31 | If any provision of this chapter or the application of this chapter to any person or | |
32 | circumstances is held invalid, that invalidity shall not affect other provisions or applications of the | |
33 | chapter that can be given effect without the invalid provision or application, and to this end the | |
34 | provisions of this chapter are declared to be severable. | |
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1 | SECTION 11. This article shall take effect upon passage. | |
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