2020 -- H 7013 SUBSTITUTE A

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2020

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A N   A C T

RELATING TO FOOD AND DRUGS

     

     Introduced By: Representatives Mattiello, Shekarchi, Edwards, Abney, and Blazejewski

     Date Introduced: January 08, 2020

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 21-28.6-6 of the General Laws in Chapter 21-28.6 entitled "The

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Edward O. Hawkins and Thomas C. Slater Medical Marijuana Act" is hereby amended to read as

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follows:

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

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regulations.

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

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

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include but not be limited to:

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

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     (2) Application fee, as applicable;

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

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the patient is homeless, no address is required;

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

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

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and

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

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

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

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departments of health or business regulation.

 

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

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patient under the age of eighteen (18) unless:

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

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

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legal custody of the qualifying patient; and

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

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

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

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

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medical use of marijuana by the qualifying patient.

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

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

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payment of any applicable renewal fee.

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

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

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(18).

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

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

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

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

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

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

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

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judicial review are vested in the superior court.

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

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

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

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

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

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

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charge a registration fee to the patient, caregivers or authorized purchasers named in the

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application. The department of health may identify through regulation a list of other conditions

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qualifying a patient for expedited application processing.

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

 

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

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

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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

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

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

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

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

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has otherwise failed to satisfy the application or renewal requirements.

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

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

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

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

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discovery of any disqualifying information as defined in subsection (g)(5) of this section, and in

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accordance with the rules promulgated by the director, the bureau of criminal identification of the

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

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police department shall inform the applicant, in writing, of the nature of the disqualifying

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information; and, without disclosing the nature of the disqualifying information, shall notify the

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department of business regulation or department of health, as applicable, in writing, that

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disqualifying information has been discovered.

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

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

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

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

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

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

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

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identification card and the results of the checks. The primary caregiver cardholder shall not be

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required to apply for a national criminal records check for each patient he or she is connected to

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

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criminal records check within the previous two (2) years in accordance with this chapter. The

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

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primary caregiver cardholder or an authorized purchaser cardholder to apply for a national

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criminal records check more than once every two (2) years.

 

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

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

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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,

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

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enforcement. This provision shall not be construed to prohibit the overall implementation and

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administration of this chapter on account of the federal classification of marijuana as a schedule I

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substance or any other federal prohibitions or restrictions.

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

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

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

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

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

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

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

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

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

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

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

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

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patient only.

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

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expense associated with the national criminal records check.

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     (7) 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 a plea of guilty, those instances

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

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probation and those instances where a defendant has entered into a deferred sentence agreement

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with the attorney general.

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

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

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

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

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

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the general assembly prior to enactment.

 

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

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

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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

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

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

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issuance.

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     (3) Registry identification cards shall contain:

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

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     (ii) A random registry identification number;

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     (iii) A photograph; and

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

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business regulation as applicable.

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

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of business regulation shall be subject to the following:

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

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

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

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

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

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

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

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

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

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

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

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

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hundred fifty dollars ($150).

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

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

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

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

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

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($10.00) fee.

 

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

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authorized purchaser, the department of health or department of business regulation, as

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applicable, shall notify the primary caregiver cardholder or authorized purchaser within ten (10)

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days. The primary caregiver cardholder's protections as provided in this chapter as to that patient

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shall expire ten (10) days after notification by the issuing department. If the primary caregiver

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cardholder or authorized purchaser is connected to no other qualifying patient cardholders in the

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program, he or she must return his or her registry identification card to the issuing department.

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

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

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

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

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number.

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

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

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

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marijuana plants.

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

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

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registry identification card may be revoked.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

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

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studies conducted outside of Rhode Island.

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

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

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

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

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

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

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

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

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

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

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

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cardholder is compliant with the provisions of this chapter and the regulations promulgated

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hereunder. The department of business regulation shall verify to law enforcement personnel

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whether a registry identification card is valid and may confirm whether the cardholder is

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

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

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

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

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

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

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departments of health, business regulation, public safety, or another state agency or local

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government, to breach the confidentiality of information obtained pursuant to this chapter.

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Notwithstanding this provision, the department of health and department of business regulation

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employees may notify law enforcement about falsified or fraudulent information submitted to the

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department or violations of this chapter. Nothing in this act shall be construed as to prohibit law

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enforcement, public safety, fire, or building officials from investigating violations of, or enforcing

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state law.

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

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

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

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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,

 

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

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

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

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

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

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

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

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

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report shall provide:

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

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

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

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

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

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any, of practitioners providing written certification for qualifying patients;

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

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registrations as of June 30 of the preceding fiscal year;

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

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

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

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

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

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this chapter; and

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

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

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for marijuana.

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

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

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

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

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

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the number of replacement cards issued;

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     (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

 

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the state;

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

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

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

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     SECTION 2. Section 2-26-6 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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     2-26-6. Rulemaking authority.

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

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

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

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Included in these rules should be a system requiring the licensee to submit crop samples to an

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approved testing facility, as determined by the department for testing and verification of

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compliance with the limits on delta-9 THC concentration.

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

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

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

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

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

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

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hemp under federal law.

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

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

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enforcement against the licenses issued under this chapter.

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

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

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the general assembly prior to enactment.

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     SECTION 3. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO FOOD AND DRUGS

***

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     This act would repeal the requirement that the general assembly approve all new or

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revised rules and regulations promulgated by the department of health or the department of

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business regulation in regard to chapter 28.6 of title 21, regarding medical marijuana, and chapter

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26 of title 2, regarding hemp growth.

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     This act would take effect upon passage.

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