2020 -- H 7535 | |
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LC004449 | |
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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 AGRICULTURE AND FORESTRY -- HEMP GROWTH ACT | |
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Introduced By: Representatives Chippendale, Filippi, Slater, Marszalkowski, and | |
Date Introduced: February 12, 2020 | |
Referred To: House Finance | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Section 2-26-5 of the General Laws in Chapter 2-26 entitled "Hemp Growth |
2 | Act" is hereby amended to read as follows: |
3 | 2-26-5. Authority over licensing and sales. |
4 | (a) The department shall prescribe rules and regulations for the licensing and regulation |
5 | of hemp growers, handlers, licensed CBD distributors, and licensed CBD retailers and persons |
6 | employed by the applicant not inconsistent with law, to carry into effect the provision of this |
7 | chapter and shall be responsible for the enforcement of the licensing. |
8 | (b) All growers, handlers, licensed CBD distributors, and licensed CBD retailers must |
9 | have a hemp license issued by the department. All production, distribution, and retail sale of |
10 | hemp-derived consumable CBD products must be consistent with any applicable state or local |
11 | food processing and safety regulations, and the applicant shall be responsible to ensure its |
12 | compliance with the regulations and any applicable food safety licensing requirements, including, |
13 | but not limited to, those promulgated by the department of health. |
14 | (c) The application for a hemp license shall include, but not be limited to, the following: |
15 | (1)(i) The name and address of the applicant who will supervise, manage, or direct the |
16 | growing and handling of hemp and the names and addresses of any person or entity partnering or |
17 | providing consulting services regarding the growing or handling of hemp; and |
18 | (ii) The name and address of the applicant who will supervise, manage, or direct the |
19 | distribution or sale of hemp-derived consumable CBD products, and names and addresses of any |
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1 | person or entity partnering or providing consulting services regarding the distribution or sale of |
2 | hemp-derived CBD products. |
3 | (2) A certificate of analysis that the seeds or plants obtained for cultivation are of a type |
4 | and variety that do not exceed the maximum concentration of delta-9 THC, as set forth in § 2-26- |
5 | 3; any seeds that are obtained from a federal agency are presumed not to exceed the maximum |
6 | concentration and do not require a certificate of analysis. |
7 | (3)(i) The location of the facility, including the Global Positioning System location, and |
8 | other field reference information as may be required by the department with a tracking program |
9 | and security layout to ensure that all hemp grown is tracked and monitored from seed to |
10 | distribution outlets; and |
11 | (ii) The location of the facility and other information as may be required by the |
12 | department as to where the distribution or sale of hemp-derived consumable CBD products will |
13 | occur. |
14 | (4) An explanation of the seed-to-sale tracking, cultivation method, extraction method, |
15 | and certificate of analysis or certificate of analysis for the standard hemp seeds or hemp product if |
16 | required by the department. |
17 | (5) Verification, prior to planting any seed, that the plant to be grown is of a type and |
18 | variety of hemp that will produce a delta-9 THC concentration of no more than three-tenths of |
19 | one percent (0.3%) on a dry-weight basis. |
20 | (6) Documentation that the licensee and/or its agents have entered into a purchase |
21 | agreement with a hemp handler, processor, distributor, or retailer. |
22 | (7) All applicants: |
23 | (i) Shall apply to the state police, attorney general, or local law enforcement for a |
24 | National Criminal Identification records check that shall include fingerprints submitted to the |
25 | Federal Bureau of Investigation. Upon the discovery of a disqualifying conviction defined in |
26 | subsections (c)(7)(iv) and (c)(7)(v), and in accordance with the rules promulgated by the |
27 | department, the state police shall inform the applicant, in writing, of the nature of the conviction, |
28 | and the state police shall notify the department, in writing, without disclosing the nature of the |
29 | conviction, that a conviction has been found; |
30 | (ii) In those situations in which no conviction has been found, the state police shall |
31 | inform the applicant and the department, in writing, of this fact; |
32 | (iii) All applicants shall be responsible for any expense associated with the criminal |
33 | background check with fingerprints. |
34 | (iv) Any applicant who has been convicted of any felony offense under chapter 28 of title |
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1 | 21, or any person who has been convicted of murder; manslaughter; first-degree sexual assault; |
2 | second-degree sexual assault; first-degree child molestation; second-degree child molestation; |
3 | kidnapping; first-degree arson; second-degree arson; mayhem; robbery; burglary; breaking and |
4 | entering; assault with a dangerous weapon; or any assault and battery punishable as a felony or |
5 | assault with intent to commit any offense punishable as a felony, shall be disqualified from |
6 | holding any license or permit under this chapter. The department shall notify any applicant, in |
7 | writing, of a denial of a license pursuant to this subsection. |
8 | (v) For purposes of this section, "conviction" means, in addition to judgments of |
9 | conviction entered by a court subsequent to a finding of guilty, or plea of guilty, those instances |
10 | where the defendant has entered a plea of nolo contendere and has received a jail sentence or a |
11 | suspended jail sentence, or those instances wherein the defendant has entered into a deferred |
12 | sentence agreement with the Rhode Island attorney general and the period of deferment has not |
13 | been completed. |
14 | (8) Any other information as set forth in rules and regulations as required by the |
15 | department. |
16 | (d) [Deleted by P.L. 2019, ch. 88, art. 15, § 1]. |
17 | (e) The department shall issue a hemp license to the grower or handler applicant if he, |
18 | she, or it meets the requirements of this chapter, upon the applicant paying a licensure fee of two |
19 | thousand five hundred dollars ($2,500). The license shall be renewed every two (2) years upon |
20 | payment of a two thousand five hundred dollar ($2,500) renewal fee. Any licensee convicted of |
21 | any disqualifying offense described in subsection (c)(7)(iv) shall have his, her, or its license |
22 | revoked. All license fees shall be directed to the department to help defray the cost of |
23 | enforcement. The department shall collect a nonrefundable license application fee of two hundred |
24 | fifty dollars ($250) one hundred dollars ($100) for each application to obtain a license. |
25 | (f) Any grower or handler license applicant or license holder may also apply for and be |
26 | issued one (1) CBD distributor and/or one (1) CBD retailer license at no additional cost, provided |
27 | their grower or handler license is issued or renewed. CBD distributor and CBD retailer licenses |
28 | shall be renewed each year at no additional fee provided the applicant also holds or renews a |
29 | grower and/or handler license. |
30 | (g) For applicants who do not hold, renew, or receive a grower or handler license, CBD |
31 | distributor and CBD retailer licenses shall have a licensure fee of five hundred dollars ($500). |
32 | The licenses shall be renewed each year upon approval by the department and payment of a five |
33 | hundred dollar ($500) renewal fee. |
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1 | SECTION 2. This act shall take effect upon passage. |
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LC004449 | |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO AGRICULTURE AND FORESTRY -- HEMP GROWTH ACT | |
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1 | This act would repeal the licensure fee for a hemp license and reduce the license |
2 | application fee from two hundred fifty dollars ($250) to one hundred dollars ($100). |
3 | This act would take effect upon passage. |
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