2019 -- H 5876

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LC002178

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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A N   A C T

RELATING TO AGRICULTURE AND FORESTRY - HEMP GROWTH ACT

     

     Introduced By: Representatives Chippendale, Lima, Marszalkowski, Newberry, and
Edwards

     Date Introduced: March 20, 2019

     Referred To: House Finance

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 2-26-5 of the General Laws in Chapter 2-26 entitled "Hemp Growth

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Act" is hereby amended to read as follows:

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

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

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of hemp growers and handlers or persons otherwise employed by the applicant and shall be

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responsible for the enforcement of such licensing and regulation.

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     (b) All growers and handlers must have a hemp license issued by the department.

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

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

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

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providing consulting services regarding the growing or handling of hemp.

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

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

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

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concentration and do not require a certificate of analysis.

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

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

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

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distribution outlets.

 

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

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and certificate of analysis or certificate of analysis for the standard hemp seeds.

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

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

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

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

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agreement with a hemp handler or processor.

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     (7) All applicants:

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     (i) Shall apply to the state police for a National Criminal Identification records check that

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

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a disqualifying conviction defined in paragraph (iv) and (v), and in accordance with the rules

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promulgated by the department, the state police shall inform the applicant, in writing, of the

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nature of the conviction, and the state police shall notify the department, in writing, without

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disclosing the nature of the conviction, that a conviction has been found;

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

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

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

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background check with fingerprints.

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

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

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

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

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

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

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

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writing, for a denial of a license pursuant to this subsection.

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

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

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

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

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sentence agreement with the Rhode Island attorney general and the period of deferment has not

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been completed.

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

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department.

 

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

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     (e) The department shall issue a hemp license to the applicant if he, she, or it meets the

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requirements of this chapter, upon the applicant paying a licensure fee of two thousand five

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hundred dollars ($2,500). Said license shall be renewed every two (2) years upon payment of a

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

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

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All license fees shall be directed to the department to help defray the cost of enforcement. The

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department shall collect a nonrefundable license application fee of two hundred fifty dollars

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($250) one hundred dollars ($100) for each application to obtain a license.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO AGRICULTURE AND FORESTRY - HEMP GROWTH ACT

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     This act would repeal the licensure fee for a hemp license and reduce the license

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application fee from two hundred fifty dollars ($250) to one hundred dollars ($100).

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     This act would take effect upon passage.

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