Article-013

ARTICLE 13

RELATING TO STATE CONTROLLED ADULT USE MARIJUANA

SECTION 1. Section 21-28.5-2 of Chapter 21-28.5 of the General Laws entitled “Sale of

Drug Paraphernalia” is hereby amended as follows:

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

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

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

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

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

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

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

two (2) years, or both.

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

of drug paraphernalia to a person acting in accordance with chapters 28.6, 28.11 and 28.12 of this

title shall not be considered a violation of this chapter.

SECTION 2. Section 21-28.6-6 of the General Laws in Chapter 21-28.6 entitled “The

Edward O. Hawkins and Thomas C. Slater Medical Marijuana Act” is hereby amended as follows:

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

regulations.

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

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

include but not be limited to:

(1) Written certification as defined in § 21-28.6-3;

(2) Application fee, as applicable;

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

the patient is homeless, no address is required;

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

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

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

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

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

departments of health or business regulation.

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

patient under the age of eighteen (18) unless:

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

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

custody of the qualifying patient; and

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

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

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

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

use of marijuana by the qualifying patient.

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

any applicable renewal fee.

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

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

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

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

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

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

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

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

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

review are vested in the superior court.

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

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

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

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

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

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

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

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

for expedited application processing.

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

of business regulation may issue or renew a registry identification card to the qualifying patient

cardholder's primary caregiver, if any, who is named in the qualifying patient's approved

application The department of business regulation shall verify the information contained in

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applications and renewal forms submitted pursuant to this chapter prior to issuing any registry

identification card. The department of business regulation may deny an application or renewal if

the applicant or appointing patient did not provide the information required pursuant to this section,

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

appointing patient has violated this chapter under his or her previous registration or has otherwise

failed to satisfy the application or renewal requirements.

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

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

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

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

disqualifying information as defined in subsection (g)(5) of this section, and in accordance with the

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

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

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

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

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

discovered.

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

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

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

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

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

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

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

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

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

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

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

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

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

more than once every two (2) years.

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

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

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

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

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

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

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

other federal prohibitions or restrictions.

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

for any felony offense under chapter 28 of this title ("Rhode Island controlled substances act")

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

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

arson; mayhem; robbery; burglary; breaking and entering; assault with a dangerous weapon; assault

or battery involving grave bodily injury; and/or assault with intent to commit any offense

punishable as a felony or a similar offense from any other jurisdiction shall result in a letter to the

applicant and the department of health or department of business regulation, as applicable,

disqualifying the applicant. If disqualifying information has been found, the department of health

or department of business regulation, as applicable may use its discretion to issue a primary

caregiver registry identification card or an authorized purchaser registry identification card if the

applicant's connected patient is an immediate family member and the card is restricted to that

patient only.

(6) The primary caregiver or authorized purchaser applicant shall be responsible for any

expense associated with the national criminal records check.

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

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

defendant has entered a plea of nolo contendere and has received a sentence of probation and those

instances where a defendant has entered into a deferred sentence agreement with the attorney

general.

(8)(i) The office of cannabis regulation may adopt rules and regulations based on federal

guidance provided those rules and regulations are designed to comply with federal guidance and

mitigate federal enforcement against the registrations and licenses issued under this chapter.

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

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

the general assembly prior to enactment.

(h)(1) On or before December 31, 2016, the department of health shall issue registry

identification cards within five (5) business days of approving an application or renewal that shall

expire two (2) years after the date of issuance.

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(2) Effective January 1, 2017, and thereafter, the department of health or the department of

business regulation, as applicable, shall issue registry identification cards within five (5) business

days of approving an application or renewal that shall expire one year after the date of issuance.

(3) Registry identification cards shall contain:

(i) The date of issuance and expiration date of the registry identification card;

(ii) A random registry identification number;

(iii) A photograph; and

(iv) Any additional information as required by regulation of the department of health or

business regulation as applicable.

(i) Persons issued registry identification cards by the department of health or department

of business regulation shall be subject to the following:

(1) A qualifying patient cardholder shall notify the department of health of any change in

his or her name, address, primary caregiver, or authorized purchaser; or if he or she ceases to have

his or her debilitating medical condition, within ten (10) days of the change.

(2) A qualifying patient cardholder who fails to notify the department of health of any of

these changes is responsible for a civil infraction, punishable by a fine of no more than one hundred

fifty dollars ($150). If the patient cardholder has ceased to suffer from a debilitating medical

condition, the card shall be deemed null and void and the person shall be liable for any other

penalties that may apply to the person's nonmedical use of marijuana.

(3) A primary caregiver cardholder or authorized purchaser shall notify the issuing

department of any change in his or her name or address within ten (10) days of the change. A

primary caregiver cardholder or authorized purchaser who fails to notify the department of any of

these changes is responsible for a civil infraction, punishable by a fine of no more than one hundred

fifty dollars ($150).

(4) When a qualifying patient cardholder or primary caregiver cardholder notifies the

department of health or department of business regulation, as applicable, of any changes listed in

this subsection, the department of health or department of business regulation, as applicable, shall

issue the qualifying patient cardholder and each primary caregiver cardholder a new registry

identification card within ten (10) days of receiving the updated information and a ten-dollar

($10.00) fee.

(5) When a qualifying patient cardholder changes his or her primary caregiver or authorized

purchaser, the department of health or department of business regulation, as applicable, shall notify

the primary caregiver cardholder or authorized purchaser within ten (10) days. The primary

caregiver cardholder's protections as provided in this chapter as to that patient shall expire ten (10)

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days after notification by the issuing department. If the primary caregiver cardholder or authorized

purchaser is connected to no other qualifying patient cardholders in the program, he or she must

return his or her registry identification card to the issuing department.

(6) If a cardholder or authorized purchaser loses his or her registry identification card, he

or she shall notify the department that issued the card and submit a ten-dollar ($10.00) fee within

ten (10) days of losing the card. Within five (5) days, the department of health or department of

business regulation shall issue a new registry identification card with new random identification

number.

(7) Effective January 1, 2019, if a patient cardholder chooses to alter his or her registration

with regard to the growing of medical marijuana for himself or herself, he or she shall notify the

department prior to the purchase of medical marijuana tags or the growing of medical marijuana

plants.

(8) If a cardholder or authorized purchaser willfully violates any provision of this chapter as

determined by the department of health or the department of business regulation, his or her registry

identification card may be revoked.

(j) Possession of, or application for, a registry identification card shall not constitute

probable cause or reasonable suspicion, nor shall it be used to support the search of the person or

property of the person possessing or applying for the registry identification card, or otherwise

subject the person or property of the person to inspection by any governmental agency.

(k)(1) Applications and supporting information submitted by qualifying patients, including

information regarding their primary caregivers, authorized purchaser, and practitioners, are

confidential and protected in accordance with the federal Health Insurance Portability and

Accountability Act of 1996, as amended, and shall be exempt from the provisions of chapter 2 of

title 38 et seq. (Rhode Island access to public records act) and not subject to disclosure, except to

authorized employees of the department of health and business regulation as necessary to perform

official duties of the departments, and pursuant to subsections (l) and (m).

(2) The application for qualifying patient's registry identification card shall include a

question asking whether the patient would like the department of health to notify him or her of any

clinical studies about marijuana's risk or efficacy. The department of health shall inform those

patients who answer in the affirmative of any such studies it is notified of, that will be conducted

in Rhode Island. The department of health may also notify those patients of medical studies

conducted outside of Rhode Island.

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

maintain a confidential list of the persons to whom the department of health or department of

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business regulation has issued authorized patient, primary caregiver, and authorized purchaser

registry identification cards. Individual names and other identifying information on the list shall be

confidential, exempt from the provisions of Rhode Island access to public information, chapter 2

of title 38, and not subject to disclosure, except to authorized employees of the departments of

health and business regulation as necessary to perform official duties of the departments and

pursuant to subsections (l) and (m) of this section.

(l) Notwithstanding subsections (k) and (m) of this section, the departments of health and

business regulation, as applicable, shall verify to law enforcement personnel whether a registry

identification card is valid and may provide additional information to confirm whether a cardholder

is compliant with the provisions of this chapter and the regulations promulgated hereunder. The

department of business regulation shall verify to law enforcement personnel whether a registry

identification card is valid and may confirm whether the cardholder is compliant with the provisions

of this chapter and the regulations promulgated hereunder. Where the department of business

regulation has reasonable cause to believe that a primary caregiver is not in compliance with the

marijuana plant tagging requirements, possession and plant limits, and/or manufacturing

prohibitions under the Act or regulations promulgated thereunder, the department may notify law

enforcement officers who have been assigned by his/her respective law enforcement agency to

investigate criminal violations associated with such noncompliance. Thisese verifications and

notifications may occur through the use of a shared database, provided that any medical records or

confidential information in this database related to a cardholder's specific medical condition is

protected in accordance with subdivision (k)(1).

(m) It shall be a crime, punishable by up to one hundred eighty (180) days in jail and a one

thousand dollar ($1,000) fine, for any person, including an employee or official of the departments

of health, business regulation, public safety, or another state agency or local government, to breach

the confidentiality of information obtained pursuant to this chapter. Notwithstanding this provision,

the department of health and department of business regulation employees may notify law

enforcement about falsified or fraudulent information submitted to the department or violations of

this chapter. Nothing in this act shall be construed as to prohibit law enforcement, public safety,

fire, or building officials from investigating violations of, or enforcing state law.

(n) On or before the fifteenth day of the month following the end of each quarter of the

fiscal year, the department of health and the department of business regulation shall report to the

governor, the speaker of the house of representatives, and the president of the senate on applications

for the use of marijuana for symptom relief. The report shall provide:

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(1) The number of applications for registration as a qualifying patient, primary caregiver,

or authorized purchaser that have been made to the department of health and the department of

business regulation during the preceding quarter, the number of qualifying patients, primary

caregivers, and authorized purchasers approved, the nature of the debilitating medical conditions

of the qualifying patients, the number of registrations revoked, and the number and specializations,

if any, of practitioners providing written certification for qualifying patients.

(o) On or before September 30 of each year, the department of health and the department

of business regulation, as applicable, shall report to the governor, the speaker of the house of

representatives, and the president of the senate on the use of marijuana for symptom relief. The

report shall provide:

(1) The total number of applications for registration as a qualifying patient, primary

caregiver, or authorized purchaser that have been made to the department of health and the

department of business regulation, the number of qualifying patients, primary caregivers, and

authorized purchasers approved, the nature of the debilitating medical conditions of the qualifying

patients, the number of registrations revoked, and the number and specializations, if any, of

practitioners providing written certification for qualifying patients;

(2) The number of active qualifying patient, primary caregiver, and authorized purchaser

registrations as of June 30 of the preceding fiscal year;

(3) An evaluation of the costs permitting the use of marijuana for symptom relief, including

any costs to law enforcement agencies and costs of any litigation;

(4) Statistics regarding the number of marijuana-related prosecutions against registered

patients and caregivers, and an analysis of the facts underlying those prosecutions;

(5) Statistics regarding the number of prosecutions against physicians for violations of this

chapter; and

(6) Whether the United States Food and Drug Administration has altered its position

regarding the use of marijuana for medical purposes or has approved alternative delivery systems

for marijuana.

(p) After June 30, 2018, the department of business regulation shall report to the speaker

of the house, senate president, the respective fiscal committee chairpersons, and fiscal advisors

within 60 days of the close of the prior fiscal year. The report shall provide:

(1) The number of applications for registry identification cards to compassion center staff,

the number approved, denied and the number of registry identification cards revoked, and the

number of replacement cards issued;

(2) The number of applications for compassion centers and licensed cultivators;

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(3) The number of marijuana plant tag sets ordered, delivered, and currently held within

the state;

(4) The total revenue collections of any monies related to its regulator activities for the

prior fiscal year, by the relevant category of collection, including enumerating specifically the total

amount of revenues foregone or fees paid at reduced rates pursuant to this chapter.

SECTION 3. Title 21 of the General Laws entitled "FOOD AND DRUGS" is hereby amended

by adding thereto the following chapters 28.11 and 28.12:

CHAPTER 28.11

ADULT USE OF MARIJUANA ACT

21-28.11-1. Short title.

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

21-28.11-2. Legislative Findings.

The general assembly finds and declares that:

(1) Regional and national shifts in cannabis policy are providing Rhode Island adults with

easy access to cannabis and marijuana products manufactured and sold from other states,

contributing to the funds these states use to safeguard public health, safety and welfare within their

borders, while providing no funds to the State of Rhode Island to address the public health, safety

and welfare externalities that come with increased access to cannabis, including marijuana.

(2) In the absence of a legal, tightly regulated and controlled market, an illicit industry has

developed undermining the public health, safety and welfare of Rhode Islanders.

(3) It is in the best interests of the State of Rhode Island to implement a new regulatory and

control framework and structure for the commercial production and sale of cannabis and cannabis

products, all aspects of which shall be tightly regulated and controlled by the provisions of this act,

chapter 28.12 of title 21, and the regulations promulgated thereunder by the office of cannabis

regulation, the revenue which may be used to regulate and control cannabis and cannabis products

and to study and mitigate the risks and deleterious impacts that cannabis and marijuana use may

have on the citizens and State of Rhode Island.

21-28.11-3. Definitions.

For purposes of this chapter:

(1) "Adult use" means the use, consumption, acquisition, purchase, possession, transfer, or

transportation of marijuana, marijuana products or marijuana paraphernalia by a person who is

twenty-one (21) years of age or older within the possession limitations and subject to and in

accordance with all other limitations, restrictions, and requirements of chapters 28.11 and 28.12

of title 21 and all regulations promulgated thereunder.

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(2) “Adult use marijuana contract” means a contract entered into by and between the state and

an adult use marijuana contractor pursuant to the procurement procedures and requirements set forth

in chapter 2 of title 37 with respect to the provision of supplies and performance of services to, for, and

on behalf of, the state with respect to the state’s operation and control of adult use state stores.

(3) “Adult use marijuana contractor” means a contractor that is party to an adult use marijuana

contract with the state to provide supplies and perform services to, for, and on behalf of, the state with

respect to the state’s operation and control of adult use state stores and who shall be exempt from state

penalties for the provision of supplies and performance of services in compliance with the adult use

marijuana contract, chapters 28.11 and 28.12 of title 21, and regulations promulgated by the office of

cannabis regulation.

(4) "Adult use marijuana cultivator licensee" means any person or entity that is licensed under

chapter 28.12 of title 21 to be exempt from state penalties for cultivating, preparing, packaging, and

selling or transferring marijuana (but not marijuana products) in accordance with chapters 28.11 and

28.12 of title 21 and regulations promulgated thereunder to the state, an adult use state store, an adult

use marijuana contractor, a marijuana processor, another adult use marijuana cultivator licensee, a

cannabis testing laboratory, or another marijuana establishment licensee.

(5) “Adult use marijuana emporium” means any establishment, facility or club, whether

operated for-profit or nonprofit, or any commercial unit or other premises as further defined through

regulations promulgated by the department of business regulation, at which the sale, distribution,

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

members of the general public or other persons as further defined through regulations promulgated

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

licensed by the department of business regulation pursuant to chapter 28.6 of title 21 or an adult

use state store operated and controlled by the state in accordance with the terms of chapters 28.11

and 28.12 of title 21.

(6) "Adult use marijuana processor licensee" means an entity licensed under chapter 21-28.12

of title 21 to be exempt from state penalties for purchasing marijuana from adult use marijuana

cultivator licensees, other adult use marijuana processors, or other marijuana establishments,

manufacturing and/or processing marijuana products, and selling, giving, or transferring marijuana

products to the state, an adult use state store, an adult use marijuana contractor, a cannabis testing

laboratory, or other marijuana establishment licensee in accordance with chapters 28.11 and 28.12 of title

21 and regulations promulgated thereunder.

(7) "Adult use state store" means a facility operated and controlled by the state which shall

be exempt from state penalties for such operation and control and the procurement of supplies and

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services and the retail sale of marijuana, marijuana products, and marijuana paraphernalia to

persons who are twenty-one (21) years of age or older in accordance with the provisions of chapters

28.11 and 28.12 of title 21 and regulations promulgated thereunder.

(8) “Cannabis” means all parts of the plant of the genus marijuana, also known as marijuana

sativa L, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and

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

regardless of cannabinoid content or cannabinoid potency including “marijuana”, and “industrial

hemp” or “industrial hemp products” which satisfy the requirements of chapter 26 of title 2.

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

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

and test samples of cannabis pursuant to regulations promulgated under chapters 28.11 and 28.12

of title 21.

(10) “Contract” has the meaning given that term in § 37-2-7.

(11) “Department” or “department of business regulation” means the office of cannabis

regulation within the department of business regulation or its successor agency.

(12) "Dwelling unit” means a room or group of rooms within a residential dwelling used or

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

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

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

concentrated, or any other form, found to be equal to a portion of dried, marijuana, as defined by

regulations promulgated by the office of cannabis regulation.

(14) "Hemp” or “industrial hemp" has the meaning given that term in § 2-26-3.

(15) "Hemp products” or “industrial hemp products" has the meaning given that term in §

2-26-3.

(16) “Hemp-derived consumable CBD products” has the meaning given that term in § 2-

26-3.

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

seeds of the plant; the resin extracted from any part of the plant; and every compound, manufacture,

salt, derivative, mixture, or preparation of the plant, its seeds or resin, but shall not include the

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

plant, any other compound, manufacture, salt, derivative, mixture, or preparation of mature stalks,

(except the resin extracted from it), fiber, oil or cake, or the sterilized seed from the plant which is

incapable of germination. Marijuana shall not include “industrial hemp” or” industrial hemp

products” which satisfy the requirements of chapter 26 of title 2.

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(18) "Marijuana establishment" and “marijuana establishment licensee” means any person,

entity or facility that is licensed under chapters 28.12 or 28.6 of title 21, to be exempt from state

penalties for engaging in or conducting the activities permitted under its respective license and

includes but is not limited to an adult use marijuana cultivator licensee, an adult use marijuana

processor licensee, an adult use marijuana contractor, a cannabis testing laboratory, a licensed

compassion center, a licensed medical marijuana cultivator, or any other entity licensed by the

office of cannabis regulation under chapter 28.12 or 28.6 or title 21.

(19) "Marijuana paraphernalia" means equipment, products, and materials which are used

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

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

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

introducing marijuana into the human body.

(20) “Marijuana plant” means a marijuana plant, rooted or unrooted, mature, or immature,

with or without flowers or buds.

(21) "Marijuana products" means any form of marijuana, including concentrated marijuana

and products that are comprised of marijuana and other ingredients that are intended for use or

consumption, such as, but not limited to, extracts, infusions, edible products, ointments, and tinctures, as

further defined in regulations promulgated by the office of cannabis regulation.

(22) “Office of cannabis regulation” means the office of cannabis regulation within the

department of business regulation.

(23) “Procurement” has the meaning given that term in § 37-2-7.

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

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

place to which the public has access.

(25) "Registry identification card" means a document issued by the department of business

regulation or department of health that identifies a person as a registered officer, director, manager,

member, partner, employee, or agent of an adult use marijuana cultivator licensee, an adult use

marijuana processor licensee, an adult use marijuana contractor, an adult use state store, a cannabis

testing laboratory, or any other marijuana establishment licensee.

(26) “Services” has the meaning given in § 37-2-7.

(27) "Smoke" or "smoking" means heating to at least the point of combustion, causing plant

material to burn, inhaling, exhaling, burning, or carrying any lighted or heated cigarette, pipe, weed, plant,

other marijuana product in any manner or in any form intended for inhalation in any manner or form and

includes but is not limited to the use of electronic cigarettes, electronic pipes, electronic marijuana delivery

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system products, or other similar products that rely on vaporization or aerosolization.

(28) “State” means the state of Rhode Island and, to the extent of any delegation of purchase

control pursuant to § 37-2-54, the department of business regulation through its office of cannabis

regulation which shall be exempt from state penalties for the procurement of supplies and services and

the operation and control of adult use state stores and the retail sale of marijuana, marijuana products,

and marijuana paraphernalia to persons who are twenty-one (21) years of age or older in accordance

with chapters 28.11 and 28.12 of title 21 and regulations promulgated thereunder.

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

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

(30) “Supplies” has the meaning given in § 37-2-7 and includes marijuana, marijuana products,

and marijuana paraphernalia to be sold at adult use state stores.

(31) “Vaporize” or “vape” means heating below the point of combustion and resulting in a

vapor or mist.

21-28.11-4. Exempt activities.

Effective from and after January 1, 2021, except as otherwise provided in this chapter:

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

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

prosecution for solely engaging in the following acts in accordance and compliance with chapters

28.11 and 28.12 of title 21 and the regulations promulgated thereunder by the office of cannabis

regulation:

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

(1 oz.) or less of marijuana plant material, or an equivalent amount of marijuana product as determined

by regulations promulgated by the office of cannabis regulation, provided that a person who is twenty-

one (21) years of age or older may only purchase one ounce (1 oz.) of marijuana plant material, or an

equivalent amount of marijuana product as determined by regulations promulgated by the department

of office of cannabis regulation per day;

(ii) Possessing in the person’s primary residence in secured and locked storage five ounces (5

oz.) or less of marijuana plant material or an equivalent amount of marijuana product as determined by

regulations promulgated by the office of cannabis regulation, or possessing in any dwelling unit used

as the primary residence by two or more persons who are each twenty-one (21) years of age or older

in secured and locked storage ten ounces (10 oz.) or less of marijuana plant material or an equivalent

amount of marijuana product as determined by regulations promulgated by the office of cannabis

regulation;

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

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or older possess, process, or store amounts of marijuana plant material and marijuana products that are

legal under state law under subsections (1)(i) and (1)(ii) of this section, provided that any and all

marijuana plant material and/or marijuana products in a vehicle are sealed, unused, and in their original

unopened packaging;

(iv) Giving away, without consideration, the amounts of marijuana and marijuana products that

are legal under state law under subsection (1)(i) of this section, if the recipient is a person who is

twenty-one (21) years of age or older, provided the gift or transfer of marijuana is not advertised or

promoted to the public and the gift or transfer of marijuana is not in conjunction with the sale or transfer

of any money, consideration or value, or another item or any other services in an effort to evade laws

governing the sale of marijuana;

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

actions allowed under this chapter; and

(vi) Any combination of the acts described within subsections (1)(i) through (1)(v) of this

section, inclusive.

(2) Except as otherwise provided in this chapter and chapter 28.12 of title 21, an adult use

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

as an owner, officer, director, partner, manager, member, employee, or registered agent of an adult

use marijuana contractor is exempt from arrest, civil or criminal penalty, seizure or forfeiture of

assets, discipline by any state or local licensing board, and state prosecution for solely engaging in the

following acts in accordance and compliance with chapters 28.11 and 28.12 of title 21, the regulations

promulgated thereunder by the office of cannabis regulation and any applicable adult use marijuana

contract:

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

marijuana products that were purchased from an adult use marijuana cultivator licensee, an adult use

marijuana processor licensee, another adult use state store or adult use marijuana contractor, or any

other marijuana establishment licensee;

(ii) Manufacturing, possessing, producing, obtaining, purchasing or selling marijuana

paraphernalia;

(iii) Selling, delivering, or transferring marijuana, marijuana products or marijuana

paraphernalia to another adult use state store or adult use marijuana contractor;

(iv) Selling at retail, transferring, or delivering, no more than, one ounce (1 oz.) of marijuana, or

an equivalent amount of marijuana product per day, or marijuana paraphernalia to any person who

is twenty-one (21) years of age or older, within the transaction limits of and in accordance with this

chapter, chapter 28.12 of title 21 and regulations promulgated by the office of cannabis regulation;

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(v) Transferring or delivering marijuana or marijuana products to a cannabis testing facility in

accordance with regulations promulgated by the office of cannabis regulation;

(vi) Managing and supervising under the operation and control of the state any state store or other

premises or vehicle where marijuana, marijuana products, and marijuana paraphernalia are

possessed, sold, or deposited in a manner that is not in conflict with this chapter, chapter 28.12 of title

21 or regulations promulgated by the office of cannabis regulation; and

(vii) Any combination of the acts described within subsections (2)(i) through (2)(vi) of this

section, inclusive.

(3) Except as otherwise provided in this chapter and chapter 28.12 of title 21, an adult use

marijuana cultivator licensee or any person who is twenty-one (21) years of age or older and acting in

their capacity as an owner, officer, director, partner, manager, member, employee, or registered

agent of an adult use marijuana cultivator licensee is exempt from arrest, civil or criminal penalty,

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

for solely engaging in the following acts in accordance and compliance with chapters 28.11 and 28.12

of title 21, and the regulations promulgated thereunder by the office of cannabis regulation:

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

marijuana products;

(ii) Transporting or possessing marijuana that was produced by the adult use marijuana

cultivator licensee or another marijuana establishment;

(iii) Selling, delivering, or transferring marijuana to the state, an adult use state store or adult

use marijuana contractor, an adult use marijuana processor licensee, another adult use marijuana

cultivator licensee, or any other marijuana establishment;

(iv) Purchasing marijuana from an adult use marijuana cultivator licensee;

(v) Delivering or transferring marijuana to a cannabis testing laboratory;

(vi) Managing, supervising and controlling any premises or vehicle where marijuana is

possessed, manufactured, sold, or deposited, in accordance with regulations promulgated by the

office of cannabis regulation; and

(vii) Any combination of the acts described within subsections (3)(i) through (3)(vi) of this

section, inclusive.

(4) Except as otherwise provided in this chapter and chapter 28.12 of title 21, an adult use

marijuana processor licensee or any person who is twenty-one (21) years of age or older and acting in

their capacity as an owner, officer, director, partner, manager, member, employee, or registered

agent of an adult use marijuana processor licensee is exempt from arrest, civil or criminal penalty,

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

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solely engaging in the following acts in accordance and in accordance and compliance with chapters

28.11 and 28.12 of title 21 and the regulations promulgated thereunder by the office of cannabis

regulation:

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

(ii) Packing, processing, possessing, or transporting marijuana that was produced by an adult

use marijuana cultivator licensee;

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

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

(v) Selling, delivering, or transferring marijuana products to the state, an adult use state store

or adult use marijuana contractor, another adult use marijuana processor licensee, or any other

marijuana establishment;

(vi) Purchasing marijuana from an adult use marijuana cultivator licensee, or another adult

use marijuana processor licensee, or any other marijuana establishment;

(vii) Delivering or transferring marijuana or marijuana products to a cannabis testing laboratory;

(viii) Managing, supervising or controlling any premises or vehicle where marijuana products and

marijuana paraphernalia are possessed, manufactured, sold, or deposited;

(ix) Managing, supervising or controlling any premises or vehicle where marijuana is

possessed, processed, packaged, or deposited; and

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

section, inclusive.

(5) Except as otherwise provided in this chapter and chapter 28.12 of title 21, a cannabis

testing laboratory or any person who is twenty-one (21) years of age or older and acting in their

capacity as an owner, officer, director, partner, manager, member, employee, or registered agent

of a cannabis testing laboratory shall not be subject to state prosecution; search, except by the

department of business regulation or department of health pursuant to § 21-28.12-8; seizure; or penalty

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

disciplinary action by a court or business licensing board or entity solely engaging in for the following

acts in accordance and compliance with chapters 28.11 and 28.12 of title 21, the regulations

promulgated thereunder by the department of health and the office of cannabis regulation:

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

(ii) Returning marijuana and marijuana products to adult use marijuana cultivator licensees,

adult use marijuana processor licensees, the state, adult use state stores or adult use marijuana

contractors, other marijuana establishment licensees and industrial hemp license holders;

(iii) Receiving compensation for analytical testing, including but not limited to testing for

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contaminants and potency; and

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

section, inclusive.

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

accordance and compliance with the provisions of chapters 28.11 and 28.12 of title 21 and regulations

promulgated thereunder, are lawful under Rhode Island law.

(7) Except as otherwise provided in chapters 28.11 and 28.12 of title 21, a marijuana

establishment licensee or any person who is twenty-one (21) years of age or older and acting in their

capacity as an owner, officer, director, partner, manager, member, employee, or registered agent

of a marijuana establishment licensed by the office of cannabis regulation is exempt from arrest,

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

and state prosecution solely for obtaining, possessing, transferring, or delivering marijuana,

marijuana products or marijuana paraphernalia or otherwise engaging in activities permitted under

the specific marijuana establishment license it holds as issued by the office of cannabis regulation

in accordance and compliance with chapters 28.11 and 28.12 of title 21 and the corresponding

marijuana establishment license regulations promulgated by the office of cannabis regulation.

(8) No state employee shall be subject to arrest, prosecution, or penalty in any manner, or

denied any right or privilege, including, but not limited to, civil penalty, criminal penalty, seizure

or forfeiture of assets, discipline by any state or local licensing board, state prosecution, disciplinary

action, termination, or loss of employee or pension benefits, for any and all conduct that occurs

within the scope of his or her employment regarding the administration, execution, implementation

and/or enforcement of chapters 28.11 and 28.12 of title 21 and the regulations promulgated

thereunder, and the provisions of §§ 9-31-8 and 9-31-9 shall be applicable to this section.

(9) Except for the exemptions set forth in subsections (1) and (2) of this section which shall

be effective from and after January 1, 2021, the exemption set forth in subsection (8) of this section

which shall be effective upon passage of this act, the exemptions set forth in subsections (3), (4),

(5), (6) and (7) of this section shall be effective as to a marijuana establishment licensee from and

after the date of issuance of a license by the office of cannabis regulation.

21-28.11-5. Authorized activities; paraphernalia.

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

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

paraphernalia in accordance with all applicable laws.

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

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

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of age or older in accordance with all applicable laws.

21-28.11-6. Unlawful activities; penalties.

(a) Except as expressly provided in chapters 28.6, 28.11 and 28.12 of title 21, no person or

entity shall cultivate, grow, acquire, purchase, possess, sell, transfer, manufacture, process, or

otherwise produce marijuana, marijuana plants or marijuana products.

(b) Any person or entity who cultivates, grows, acquires, purchases, possesses, sells,

manufactures, processes, or otherwise produces marijuana, marijuana plants or marijuana products

in violation of chapters 28.6, 28.11 and 28.12 of title 21, and/or the regulations promulgated

thereunder shall be subject to imposition of an administrative penalty and order by the office of

cannabis regulation as follows:

(i) for a violation of this section involving one (1) to five (5) marijuana plants, an

administrative penalty of $2,000 per plant and an order requiring forfeiture and/or destruction of

said plants;

(ii) for a violation of this section involving six (6) to ten (10) marijuana plants, an

administrative penalty of $3,000 per plant and an order requiring forfeiture and/or destruction of

said plants;

(iii) for a violation of this section involving eleven (11) to twenty (20) marijuana plants, an

administrative penalty of $4,000 per plant and an order requiring forfeiture and/or destruction of

said plants;

(iv) for a violation of this section involving more than twenty (20) marijuana plants, an

administrative penalty of $5,000 per plant and an order requiring forfeiture and/or destruction of

said plants;

(v) for any violation of this section involving more than twenty (20) marijuana plants, such

person and, in the case of an entity each of such entity’s owners, officers, directors, managers,

members, partners and other key persons, shall also be guilty of a felony, and upon conviction shall

be punished by imprisonment and a fine as provided in chapter 28 of title 21 and the attorney

general shall prosecute such criminal violation; and

(vi) for any violation of this section involving marijuana material or marijuana products over the

legal possession limits of this chapter, there shall be an administrative penalty of $2,000 per ounce of

equivalent marijuana material over the legal possession limit and an order requiring forfeiture and/or

destruction of said marijuana.

21-28.11-7. Activities not exempt.

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

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

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

from, any of the following acts:

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

or sail while impaired by marijuana or marijuana products;

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

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

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

detention of juvenile offenders; or

(4) Manufacturing or processing of marijuana products with the use of prohibited solvents,

in violation of § 21-28.11-16.

21-28.11-8. Marijuana use prohibitions.

(a) No person shall smoke, vaporize or otherwise consume or use cannabis in a public

place. A person who violates this section shall be subject to imposition of an administrative penalty

by the office of cannabis regulation of one hundred fifty dollars ($150) per violation, in addition to

and not in lieu of any applicable penalty or fine by the municipality where the public consumption

or use occurred.

(b) No person shall smoke or vaporize cannabis in, on or about the premises of any housing

that is subject to regulation or otherwise within the purview of chapters 25, 26, 53 or 60 of title 45

and any regulations promulgated thereunder. A person who smokes or vaporizes cannabis in, on or

about such housing premises shall be subject to imposition of an administrative penalty by the

office of cannabis regulation of one hundred fifty dollars ($150) per violation, in addition to and

not in lieu of any applicable penalty, access prohibition or restriction, eviction or other action that

may lawfully be taken by the owner and/or applicable authority with respect to said housing.

unit housing complex or building without the written permission of the owner of such property

and/or any applicable governing body of the housing complex or building. A person who smokes

or vaporizes cannabis in, on or about any multi-unit housing complex or building premises without

such written permission shall be subject to imposition of an administrative penalty by the office of

cannabis regulation of one hundred fifty dollars ($150) per violation, in addition to and not in lieu

of any applicable penalty, access prohibition or restriction, eviction or other action that may

lawfully be taken by the owner and/or any applicable authority with respect to such multi- unit

housing complex or building.

(d) No person may smoke, vaporize or otherwise consume or use, sell, distribute or

otherwise transfer or propose any such sale, distribution or transfer, cannabis or cannabis products

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in, on or about the premises of any place of business, establishment, or club, whether public or

private, and whether operated for-profit or nonprofit, or any commercial property or other premises

as further defined through regulations promulgated by the office of cannabis regulation, unless a

cannabis social use license or temporary cannabis social use permit has been issued by the office

of cannabis regulation with respect to such business, establishment, club or commercial property

premises in accordance with regulations promulgated by the office of cannabis regulation. Any

person who violates this section shall be subject to imposition of administrative fine and/or other

penalty as prescribed by the office of cannabis regulation in such regulations.

21-28.11-9. Scope of chapter.

This chapter shall not permit:

(a) Any person to undertake any task under the influence of marijuana, when doing so

would constitute negligence or professional malpractice;

(b) The smoking of marijuana:

(1) In a school bus or other form of public transportation;

(2) On any school grounds;

(3) In any correctional facility;

(4) In any public place;

(5) In any licensed drug treatment facility in this state; or

(6) Where exposure to the marijuana smoke affects the health, safety, or welfare of

children.

aircraft, or motorboat while under the influence of marijuana. However, a person shall not be

considered to be under the influence solely for having marijuana metabolites in his or her system.

(d) The operation of a marijuana emporium is prohibited in this state without a license

issued by the department of business regulation.

21-28.11-10. Places of employment.

(a) Nothing in this chapter shall be construed to require an employer to accommodate the

use or possession of marijuana, or being under the influence of marijuana, in any workplace.

(b) An employer shall be entitled to implement policies prohibiting the use or possession

of marijuana in the workplace and/or working under the influence of marijuana, provided such

policies are in writing and uniformly applied to all employees and an employee is given prior

written notice of such policies by the employer.

the influence of marijuana when doing so would constitute negligence or professional malpractice,

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jeopardize workplace safety, or to operate, navigate or be in actual physical control of any motor

vehicle or other transport vehicle, aircraft, motorboat, machinery or equipment, or firearms under

the influence of marijuana.

(d) Notwithstanding any other section of the general laws, upon specific request of a person

who is a qualifying medical marijuana patient cardholder under chapter 28.6 of title 21, the

department of health may verify the requesting cardholder’s status as a valid patient cardholder to

the qualifying patient cardholder’s employer, in order to ensure compliance with patient

protections of §21-28.6-4(f).

(e) Notwithstanding any other section of the general laws, an employer may take

disciplinary action against an employee, including termination of employment, if the results of a

drug test administered in accordance with section §28-6.5-1 of the general laws demonstrates that

the employee was under the influence of or impaired by marijuana while in the workplace or

during the performance of work. For purposes of this subsection (e), a drug test that yields a

positive result for cannabis metabolites shall not be construed as proof that an employee is under

the influence of or impaired by marijuana unless the test yields a positive result for active THC,

delta-9-tetrahydrocannabinol, delta-8-tetrahydrocannabinol, or any other active cannabinoid

found in marijuana which is an intoxicant or causes impairment.

21-28.11-11. Private property.

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

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

transfer of marijuana on or in that property.

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

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

smoked or non-vaporized means, or the transfer without compensation of cannabis by the tenant as

defined in § 34-18-11, provided the tenant is in compliance with the possession and transfer limits

and other requirements set forth in § 21-28.11-4(1)(i) and (iv), and provided any such consumption

or transfer by the tenant is done within the tenant’s dwelling unit and is not visible from outside of the

individual residential dwelling unit. A landlord may prohibit the consumption, display, and transfer of

cannabis by a roomer as defined in §34-18-11 and by any other person who is not a tenant.

21-28.11-12. False age representation.

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

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

this chapter is guilty of a civil violation.

(b) Any person who violates this section shall be subject to the following penalties which shall

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be enforced by the division of motor vehicles in accordance with chapter 11 of title 31 and any

regulations promulgated thereunder or hereunder:

(i) for the first offense, imposition of a mandatory fine of not less than one hundred dollars

($100) nor more than five hundred dollars ($500), the requirement to perform thirty (30) hours of

community service and suspension of his/her motor vehicle operator's license or permit and driving

privileges for a period of thirty (30) days;

(ii) for the second offense, imposition of a mandatory fine of not less than five hundred

dollars ($500) nor more than seven hundred fifty dollars ($750), the requirement to perform forty (40)

hours of community service and suspension of his/her motor vehicle operator's license or permit and

driving privileges for a period of three (3) months; and

(iii) for the third and subsequent offenses, imposition of a mandatory fine for each offense

of not less than seven hundred fifty dollars ($750) nor more than one thousand dollars ($1,000), the

requirement to perform by fifty (50) hours of community service and suspension of his/her motor

vehicle operator's license or permit and driving privileges for a period of one (1) year.

of elementary and secondary education and, with the prior approval of the department, any city,

town or school district under its authority, may adopt and implement marijuana drug use policies

which require students to face disciplinary actions including but not limited to, suspension,

expulsion, community service, and prohibition from participation in school sanctioned events, for

any violation of this section or for the possession or use of marijuana, provided that nothing herein

shall alter, modify or otherwise impair the medical use protections afforded under chapter 28.6 of

title 21 to qualifying patients that are registered with the department of health under § 21-28.6-6(b).

The department of elementary and secondary education shall have the authority to adopt rules and

regulations as are necessary and proper to carry out the foregoing.

21-28.11-13. Unlawful distribution to minors; penalties.

(a) Except as expressly provided in chapters 28.6 of title 21, no person or entity shall sell,

deliver, distribute or otherwise transfer or furnish to, or purchase or otherwise procure for, any

person who is under twenty-one (21) years of age marijuana, marijuana plants, marijuana products

or marijuana paraphernalia.

(b) Any person or entity who sells, delivers, distributes or otherwise transfers or furnishes

to, or purchases or otherwise procures for, any person who is under twenty-one (21) years of age

marijuana, marijuana plants, marijuana products or marijuana paraphernalia in violation of this

chapter and chapter 28.12 and/or the regulations promulgated hereunder shall be subject to

imposition of an administrative penalty by the office of cannabis regulation in the amount of

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$10,000 per violation.

of age or older where the sale, delivery, distribution, transfer or furnishing to, or purchase or

procurement for, is as to a person who is at least three (3) years his or her junior, such person, and

in the case of an entity each of such entity’s owners, officers, directors, managers, members,

partners and other key persons, shall also be guilty of a felony, and upon conviction shall be

punished by imprisonment and a fine as provided in chapter 28 of title 21 and the attorney general

shall prosecute such criminal violation.

(d) It is no defense to a prosecution for a violation of subsection (c) that in the transaction

upon which the prosecution is based, any person who has not reached his or her twenty-first (21st)

birthday acted as the agent or representative of another, or that the defendant dealt with any person

who has not reached his or her twenty-first (21st) birthday as the agent or representative of another,

or that any person who has not reached his or her twenty-first (21st) birthday misrepresented or

misstated his or her age, or the age of any other person or misrepresented his or her age through the

presentation of any of the documents described in § 3-8-6(a)(3)(i)-(iii) of the general laws.

21-28.11-14. Compliance check.

(a) As used in this section the term "compliance check" means the sending of a minor into

a marijuana establishment to see if that minor could purchase marijuana. As used in this section the

term "purchase survey" refers to compliance checks that are a part of a statewide survey.

(b) Underage individuals acting as agents for state or municipal law enforcement may

purchase, with impunity from prosecution, marijuana for the purposes of law enforcement,

provided that the underage individuals are supervised by an adult law enforcement official. Any

individual participating in an unannounced compliance check and/or purchase survey must state

his/her accurate age if asked by the employee of the licensed establishment being checked.

sale of marijuana to the minor, the manager of the marijuana establishment shall be notified within

48 hours of the violation. If the compliance check is a part of a purchase survey and results in the

sale of marijuana to the minor, the manager of the marijuana establishment shall be notified of the

violation upon completion of the purchase survey in that community.

21-28.11-15. Transportation of marijuana by underage persons.

(a) Any person who has not reached his or her twenty-first (21st) birthday and who operates

a motor vehicle upon the public highways, except when accompanied by a parent, legal guardian,

or another adult who is over the age of twenty-one (21) years and related, whether by blood,

adoption or marriage, to the operator within the following degree of sanguinity: brother, sister,

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grandfather, grandmother, father-in-law, mother-in-law, brother-in-law, sister-in-law, stepfather,

stepmother, stepbrother, stepsister, half-brother, half-sister, uncle, aunt, great uncle or great aunt

and, knowingly having marijuana or marijuana products in any form in containers, opened or

unopened, in any part of the vehicle shall be guilty of a criminal violation. The words “marijuana”

and “marijuana products”, as used in this section, have the same meaning as defined in chapter 21-

28.11 of this title.

(b) Any person who violates subsection (a) of this section shall be subject to the following

penalties enforced by the division of motor vehicles in accordance with chapter 11 of title 31 and

the regulations promulgated thereunder or hereunder:

(1) For a first offense, a fine of not more than two hundred fifty dollars ($250) and have

his or her license to operate a motor vehicle suspended for not more than thirty (30) days;

(2) For a second offense, a fine of not more than five hundred dollars ($500) and have his

or her license to operate a motor vehicle suspended for not more than ninety (90) days;

(3) For a third or subsequent offense, a fine of no less than five hundred dollars ($500) nor

more than nine hundred and fifty dollars ($950) and have his or her license to operate a motor

vehicle suspended for one year.

21-28.11-16. Unlawful marijuana extraction, penalties.

(a) No person, other than an adult use marijuana processor licensee who is in compliance

with this chapter, chapter 28.12 and accompanying regulations or a registered agent of an adult use

marijuana processor licensee acting in that capacity, may extract compounds from marijuana using

solvents other than water, glycerin, propylene glycol, vegetable oil, or food grade ethanol (ethyl alcohol).

No person may extract compounds from marijuana using ethanol in the presence or vicinity of open

flame.

(b) A person who violates this section shall be subject to imposition of an administrative

penalty by the office of cannabis regulation of up to five thousand dollars ($5,000) per violation.

and a fine in accordance with chapter 28 of title 21 and the attorney general shall prosecute such

criminal violation.

CHAPTER 28.12

MARIJUANA REGULATION, CONTROL, AND REVENUE ACT

21-28.12-1. Short title.

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

Revenue Act."

21-28.12-2. Definitions.

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