2020 -- H 7013 SUBSTITUTE A | |
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LC003468/SUB 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 | |
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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: | |
1 | SECTION 1. Section 21-28.6-6 of the General Laws in Chapter 21-28.6 entitled "The |
2 | Edward O. Hawkins and Thomas C. Slater Medical Marijuana Act" is hereby amended to read as |
3 | follows: |
4 | 21-28.6-6. Administration of departments of health and business regulation |
5 | regulations. |
6 | (a) The department of health shall issue registry identification cards to qualifying patients |
7 | who submit the following, in accordance with the department's regulations. Applications shall |
8 | include but not be limited to: |
9 | (1) Written certification as defined in § 21-28.6-3; |
10 | (2) Application fee, as applicable; |
11 | (3) Name, address, and date of birth of the qualifying patient; provided, however, that if |
12 | the patient is homeless, no address is required; |
13 | (4) Name, address, and telephone number of the qualifying patient's practitioner; |
14 | (5) Whether the patient elects to grow medical marijuana plants for himself or herself; |
15 | and |
16 | (6) Name, address, and date of birth of one primary caregiver of the qualifying patient |
17 | and any authorized purchasers for the qualifying patient, if any primary caregiver or authorized |
18 | purchaser is chosen by the patient or allowed in accordance with regulations promulgated by the |
19 | departments of health or business regulation. |
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1 | (b) The department of health shall not issue a registry identification card to a qualifying |
2 | patient under the age of eighteen (18) unless: |
3 | (1) The qualifying patient's practitioner has explained the potential risks and benefits of |
4 | the medical use of marijuana to the qualifying patient and to a parent, guardian, or person having |
5 | legal custody of the qualifying patient; and |
6 | (2) A parent, guardian, or person having legal custody consents in writing to: |
7 | (i) Allow the qualifying patient's medical use of marijuana; |
8 | (ii) Serve as the qualifying patient's primary caregiver or authorized purchaser; and |
9 | (iii) Control the acquisition of the marijuana, the dosage, and the frequency of the |
10 | medical use of marijuana by the qualifying patient. |
11 | (c) The department of health shall renew registry identification cards to qualifying |
12 | patients in accordance with regulations promulgated by the department of health and subject to |
13 | payment of any applicable renewal fee. |
14 | (d) The department of health shall not issue a registry identification card to a qualifying |
15 | patient seeking treatment for post-traumatic stress disorder (PTSD) under the age of eighteen |
16 | (18). |
17 | (e) The department of health shall verify the information contained in an application or |
18 | renewal submitted pursuant to this section, and shall approve or deny an application or renewal |
19 | within thirty-five (35) days of receiving it. The department may deny an application or renewal |
20 | only if the applicant did not provide the information required pursuant to this section, or if the |
21 | department determines that the information provided was falsified, or that the renewing applicant |
22 | has violated this chapter under their previous registration. Rejection of an application or renewal |
23 | is considered a final department action, subject to judicial review. Jurisdiction and venue for |
24 | judicial review are vested in the superior court. |
25 | (f) If the qualifying patient's practitioner notifies the department of health in a written |
26 | statement that the qualifying patient is eligible for hospice care or chemotherapy, the department |
27 | of health and department of business regulation, as applicable, shall give priority to these |
28 | applications when verifying the information in accordance with subsection (e) and issue a registry |
29 | identification card to these qualifying patients, primary caregivers and authorized purchasers |
30 | within seventy-two (72) hours of receipt of the completed application. The departments shall not |
31 | charge a registration fee to the patient, caregivers or authorized purchasers named in the |
32 | application. The department of health may identify through regulation a list of other conditions |
33 | qualifying a patient for expedited application processing. |
34 | (g) Following the promulgation of regulations pursuant to § 21-28.6-5(c), the department |
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1 | of business regulation may issue or renew a registry identification card to the qualifying patient |
2 | cardholder's primary caregiver, if any, who is named in the qualifying patient's approved |
3 | application The department of business regulation shall verify the information contained in |
4 | applications and renewal forms submitted pursuant to this chapter prior to issuing any registry |
5 | identification card. The department of business regulation may deny an application or renewal if |
6 | the applicant or appointing patient did not provide the information required pursuant to this |
7 | section, or if the department determines that the information provided was falsified, or if the |
8 | applicant or appointing patient has violated this chapter under his or her previous registration or |
9 | has otherwise failed to satisfy the application or renewal requirements. |
10 | (1) A primary caregiver applicant or an authorized purchaser applicant shall apply to the |
11 | bureau of criminal identification of the department of attorney general, department of public |
12 | safety division of state police, or local police department for a national criminal records check |
13 | that shall include fingerprints submitted to the Federal Bureau of Investigation. Upon the |
14 | discovery of any disqualifying information as defined in subsection (g)(5) of this section, and in |
15 | accordance with the rules promulgated by the director, the bureau of criminal identification of the |
16 | department of attorney general, department of public safety division of state police, or the local |
17 | police department shall inform the applicant, in writing, of the nature of the disqualifying |
18 | information; and, without disclosing the nature of the disqualifying information, shall notify the |
19 | department of business regulation or department of health, as applicable, in writing, that |
20 | disqualifying information has been discovered. |
21 | (2) In those situations in which no disqualifying information has been found, the bureau |
22 | of criminal identification of the department of attorney general, department of public safety |
23 | division of state police, or the local police shall inform the applicant and the department of |
24 | business regulation or department of health, as applicable, in writing, of this fact. |
25 | (3) The department of health or department of business regulation, as applicable, shall |
26 | maintain on file evidence that a criminal records check has been initiated on all applicants |
27 | seeking a primary caregiver registry identification card or an authorized purchaser registry |
28 | identification card and the results of the checks. The primary caregiver cardholder shall not be |
29 | required to apply for a national criminal records check for each patient he or she is connected to |
30 | through the department's registration process, provided that he or she has applied for a national |
31 | criminal records check within the previous two (2) years in accordance with this chapter. The |
32 | department of health and department of business regulation, as applicable, shall not require a |
33 | primary caregiver cardholder or an authorized purchaser cardholder to apply for a national |
34 | criminal records check more than once every two (2) years. |
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1 | (4) Notwithstanding any other provision of this chapter, the department of business |
2 | regulation or department of health may revoke or refuse to issue any class or type of registry |
3 | identification card or license if it determines that failing to do so would conflict with any federal |
4 | law or guidance pertaining to regulatory, enforcement, and other systems that states, businesses, |
5 | or other institutions may implement to mitigate the potential for federal intervention or |
6 | enforcement. This provision shall not be construed to prohibit the overall implementation and |
7 | administration of this chapter on account of the federal classification of marijuana as a schedule I |
8 | substance or any other federal prohibitions or restrictions. |
9 | (5) Information produced by a national criminal records check pertaining to a conviction |
10 | for any felony offense under chapter 28 of this title ("Rhode Island controlled substances act") |
11 | murder; manslaughter; rape; first-degree sexual assault; second-degree sexual assault; first-degree |
12 | child molestation; second-degree child molestation; kidnapping; first-degree arson; second-degree |
13 | arson; mayhem; robbery; burglary; breaking and entering; assault with a dangerous weapon; |
14 | assault or battery involving grave bodily injury; and/or assault with intent to commit any offense |
15 | punishable as a felony or a similar offense from any other jurisdiction shall result in a letter to the |
16 | applicant and the department of health or department of business regulation, as applicable, |
17 | disqualifying the applicant. If disqualifying information has been found, the department of health |
18 | or department of business regulation, as applicable may use its discretion to issue a primary |
19 | caregiver registry identification card or an authorized purchaser registry identification card if the |
20 | applicant's connected patient is an immediate family member and the card is restricted to that |
21 | patient only. |
22 | (6) The primary caregiver or authorized purchaser applicant shall be responsible for any |
23 | expense associated with the national criminal records check. |
24 | (7) For purposes of this section, "conviction" means, in addition to judgments of |
25 | conviction entered by a court subsequent to a finding of guilty or a plea of guilty, those instances |
26 | where the defendant has entered a plea of nolo contendere and has received a sentence of |
27 | probation and those instances where a defendant has entered into a deferred sentence agreement |
28 | with the attorney general. |
29 | (8)(i) The office of cannabis regulation may adopt rules and regulations based on federal |
30 | guidance provided those rules and regulations are designed to comply with federal guidance and |
31 | mitigate federal enforcement against the registrations and licenses issued under this chapter. |
32 | (ii) All new and revised rules and regulations promulgated by the department of business |
33 | regulation and/or the department of health pursuant to this chapter shall be subject to approval by |
34 | the general assembly prior to enactment. |
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1 | (h)(1) On or before December 31, 2016, the department of health shall issue registry |
2 | identification cards within five (5) business days of approving an application or renewal that shall |
3 | expire two (2) years after the date of issuance. |
4 | (2) Effective January 1, 2017, and thereafter, the department of health or the department |
5 | of business regulation, as applicable, shall issue registry identification cards within five (5) |
6 | business days of approving an application or renewal that shall expire one year after the date of |
7 | issuance. |
8 | (3) Registry identification cards shall contain: |
9 | (i) The date of issuance and expiration date of the registry identification card; |
10 | (ii) A random registry identification number; |
11 | (iii) A photograph; and |
12 | (iv) Any additional information as required by regulation of the department of health or |
13 | business regulation as applicable. |
14 | (i) Persons issued registry identification cards by the department of health or department |
15 | of business regulation shall be subject to the following: |
16 | (1) A qualifying patient cardholder shall notify the department of health of any change in |
17 | his or her name, address, primary caregiver, or authorized purchaser; or if he or she ceases to |
18 | have his or her debilitating medical condition, within ten (10) days of the change. |
19 | (2) A qualifying patient cardholder who fails to notify the department of health of any of |
20 | these changes is responsible for a civil infraction, punishable by a fine of no more than one |
21 | hundred fifty dollars ($150). If the patient cardholder has ceased to suffer from a debilitating |
22 | medical condition, the card shall be deemed null and void and the person shall be liable for any |
23 | other penalties that may apply to the person's nonmedical use of marijuana. |
24 | (3) A primary caregiver cardholder or authorized purchaser shall notify the issuing |
25 | department of any change in his or her name or address within ten (10) days of the change. A |
26 | primary caregiver cardholder or authorized purchaser who fails to notify the department of any of |
27 | these changes is responsible for a civil infraction, punishable by a fine of no more than one |
28 | hundred fifty dollars ($150). |
29 | (4) When a qualifying patient cardholder or primary caregiver cardholder notifies the |
30 | department of health or department of business regulation, as applicable, of any changes listed in |
31 | this subsection, the department of health or department of business regulation, as applicable, shall |
32 | issue the qualifying patient cardholder and each primary caregiver cardholder a new registry |
33 | identification card within ten (10) days of receiving the updated information and a ten-dollar |
34 | ($10.00) fee. |
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1 | (5) When a qualifying patient cardholder changes his or her primary caregiver or |
2 | authorized purchaser, the department of health or department of business regulation, as |
3 | applicable, shall notify the primary caregiver cardholder or authorized purchaser within ten (10) |
4 | days. The primary caregiver cardholder's protections as provided in this chapter as to that patient |
5 | shall expire ten (10) days after notification by the issuing department. If the primary caregiver |
6 | cardholder or authorized purchaser is connected to no other qualifying patient cardholders in the |
7 | program, he or she must return his or her registry identification card to the issuing department. |
8 | (6) If a cardholder or authorized purchaser loses his or her registry identification card, he |
9 | or she shall notify the department that issued the card and submit a ten-dollar ($10.00) fee within |
10 | ten (10) days of losing the card. Within five (5) days, the department of health or department of |
11 | business regulation shall issue a new registry identification card with new random identification |
12 | number. |
13 | (7) Effective January 1, 2019, if a patient cardholder chooses to alter his or her |
14 | registration with regard to the growing of medical marijuana for himself or herself, he or she shall |
15 | notify the department prior to the purchase of medical marijuana tags or the growing of medical |
16 | marijuana plants. |
17 | (8) If a cardholder or authorized purchaser willfully violates any provision of this chapter |
18 | as determined by the department of health or the department of business regulation, his or her |
19 | registry identification card may be revoked. |
20 | (j) Possession of, or application for, a registry identification card shall not constitute |
21 | probable cause or reasonable suspicion, nor shall it be used to support the search of the person or |
22 | property of the person possessing or applying for the registry identification card, or otherwise |
23 | subject the person or property of the person to inspection by any governmental agency. |
24 | (k)(1) Applications and supporting information submitted by qualifying patients, |
25 | including information regarding their primary caregivers, authorized purchaser, and practitioners, |
26 | are confidential and protected in accordance with the federal Health Insurance Portability and |
27 | Accountability Act of 1996, as amended, and shall be exempt from the provisions of chapter 2 of |
28 | title 38 et seq. (Rhode Island access to public records act) and not subject to disclosure, except to |
29 | authorized employees of the department of health and business regulation as necessary to perform |
30 | official duties of the departments, and pursuant to subsections (l) and (m). |
31 | (2) The application for qualifying patient's registry identification card shall include a |
32 | question asking whether the patient would like the department of health to notify him or her of |
33 | any clinical studies about marijuana's risk or efficacy. The department of health shall inform |
34 | those patients who answer in the affirmative of any such studies it is notified of, that will be |
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1 | conducted in Rhode Island. The department of health may also notify those patients of medical |
2 | studies conducted outside of Rhode Island. |
3 | (3) The department of health and the department of business regulation, as applicable, |
4 | shall maintain a confidential list of the persons to whom the department of health or department |
5 | of business regulation has issued authorized patient, primary caregiver, and authorized purchaser |
6 | registry identification cards. Individual names and other identifying information on the list shall |
7 | be confidential, exempt from the provisions of Rhode Island access to public information, chapter |
8 | 2 of title 38, and not subject to disclosure, except to authorized employees of the departments of |
9 | health and business regulation as necessary to perform official duties of the departments and |
10 | pursuant to subsections (l) and (m) of this section. |
11 | (l) Notwithstanding subsections (k) and (m) of this section, the departments of health and |
12 | business regulation, as applicable, shall verify to law enforcement personnel whether a registry |
13 | identification card is valid and may provide additional information to confirm whether a |
14 | cardholder is compliant with the provisions of this chapter and the regulations promulgated |
15 | hereunder. The department of business regulation shall verify to law enforcement personnel |
16 | whether a registry identification card is valid and may confirm whether the cardholder is |
17 | compliant with the provisions of this chapter and the regulations promulgated hereunder. This |
18 | verification may occur through the use of a shared database, provided that any medical records or |
19 | confidential information in this database related to a cardholder's specific medical condition is |
20 | protected in accordance with subdivision (k)(1). |
21 | (m) It shall be a crime, punishable by up to one hundred eighty (180) days in jail and a |
22 | one thousand dollar ($1,000) fine, for any person, including an employee or official of the |
23 | departments of health, business regulation, public safety, or another state agency or local |
24 | government, to breach the confidentiality of information obtained pursuant to this chapter. |
25 | Notwithstanding this provision, the department of health and department of business regulation |
26 | employees may notify law enforcement about falsified or fraudulent information submitted to the |
27 | department or violations of this chapter. Nothing in this act shall be construed as to prohibit law |
28 | enforcement, public safety, fire, or building officials from investigating violations of, or enforcing |
29 | state law. |
30 | (n) On or before the fifteenth day of the month following the end of each quarter of the |
31 | fiscal year, the department of health and the department of business regulation shall report to the |
32 | governor, the speaker of the house of representatives, and the president of the senate on |
33 | applications for the use of marijuana for symptom relief. The report shall provide: |
34 | (1) The number of applications for registration as a qualifying patient, primary caregiver, |
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1 | or authorized purchaser that have been made to the department of health and the department of |
2 | business regulation during the preceding quarter, the number of qualifying patients, primary |
3 | caregivers, and authorized purchasers approved, the nature of the debilitating medical conditions |
4 | of the qualifying patients, the number of registrations revoked, and the number and |
5 | specializations, if any, of practitioners providing written certification for qualifying patients. |
6 | (o) On or before September 30 of each year, the department of health and the department |
7 | of business regulation, as applicable, shall report to the governor, the speaker of the house of |
8 | representatives, and the president of the senate on the use of marijuana for symptom relief. The |
9 | report shall provide: |
10 | (1) The total number of applications for registration as a qualifying patient, primary |
11 | caregiver, or authorized purchaser that have been made to the department of health and the |
12 | department of business regulation, the number of qualifying patients, primary caregivers, and |
13 | authorized purchasers approved, the nature of the debilitating medical conditions of the |
14 | qualifying patients, the number of registrations revoked, and the number and specializations, if |
15 | any, of practitioners providing written certification for qualifying patients; |
16 | (2) The number of active qualifying patient, primary caregiver, and authorized purchaser |
17 | registrations as of June 30 of the preceding fiscal year; |
18 | (3) An evaluation of the costs permitting the use of marijuana for symptom relief, |
19 | including any costs to law enforcement agencies and costs of any litigation; |
20 | (4) Statistics regarding the number of marijuana-related prosecutions against registered |
21 | patients and caregivers, and an analysis of the facts underlying those prosecutions; |
22 | (5) Statistics regarding the number of prosecutions against physicians for violations of |
23 | this chapter; and |
24 | (6) Whether the United States Food and Drug Administration has altered its position |
25 | regarding the use of marijuana for medical purposes or has approved alternative delivery systems |
26 | for marijuana. |
27 | (p) After June 30, 2018, the department of business regulation shall report to the speaker |
28 | of the house, senate president, the respective fiscal committee chairpersons, and fiscal advisors |
29 | within 60 days of the close of the prior fiscal year. The report shall provide: |
30 | (1) The number of applications for registry identification cards to compassion center |
31 | staff, the number approved, denied and the number of registry identification cards revoked, and |
32 | the number of replacement cards issued; |
33 | (2) The number of applications for compassion centers and licensed cultivators; |
34 | (3) The number of marijuana plant tag sets ordered, delivered, and currently held within |
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1 | the state; |
2 | (4) The total revenue collections of any monies related to its regulator activities for the |
3 | prior fiscal year, by the relevant category of collection, including enumerating specifically the |
4 | total amount of revenues foregone or fees paid at reduced rates pursuant to this chapter. |
5 | SECTION 2. Section 2-26-6 of the General Laws in Chapter 2-26 entitled "Hemp Growth |
6 | Act" is hereby amended to read as follows: |
7 | 2-26-6. Rulemaking authority. |
8 | (a) The department shall adopt rules to provide for the implementation of this chapter, |
9 | which shall include rules to require hemp to be tested during growth for THC levels and to |
10 | require inspection of hemp during sowing, growing season, harvest, storage, and processing. |
11 | Included in these rules should be a system requiring the licensee to submit crop samples to an |
12 | approved testing facility, as determined by the department for testing and verification of |
13 | compliance with the limits on delta-9 THC concentration. |
14 | (b) The department shall prescribe rules and regulations for all operational requirements |
15 | for licensed growers, handlers, CBD distributors, and retailers, and to ensure consistency in |
16 | manufactured products and appropriate packaging, labeling, and placement with respect to retail |
17 | sales not inconsistent with law, to carry in effect the provisions of this chapter. |
18 | (c) The department shall not adopt, under this or any other section, a rule that would |
19 | prohibit a person or entity to grow, distribute, or sell hemp based solely on the legal status of |
20 | hemp under federal law. |
21 | (d) The department may adopt rules and regulations based on federal law provided those |
22 | rules and regulations are designed to comply with federal guidance and mitigate federal |
23 | enforcement against the licenses issued under this chapter. |
24 | (e) All new and revised rules and regulations promulgated by the department of business |
25 | regulation and/or the department of health pursuant to this chapter shall be subject to approval by |
26 | the general assembly prior to enactment. |
27 | SECTION 3. This act shall take effect upon passage. |
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LC003468/SUB A | |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO FOOD AND DRUGS | |
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1 | This act would repeal the requirement that the general assembly approve all new or |
2 | revised rules and regulations promulgated by the department of health or the department of |
3 | business regulation in regard to chapter 28.6 of title 21, regarding medical marijuana, and chapter |
4 | 26 of title 2, regarding hemp growth. |
5 | This act would take effect upon passage. |
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