2020 -- H 7808 | |
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LC004007 | |
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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 Serpa, and Shekarchi | |
Date Introduced: February 26, 2020 | |
Referred To: House Health, Education & Welfare | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Section 21-28.6-3 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 | 21-28.6-3. Definitions. |
5 | For the purposes of this chapter: |
6 | (1) "Authorized purchaser" means a natural person who is at least twenty-one (21) years |
7 | old and who is registered with the department of health for the purposes of assisting a qualifying |
8 | patient in purchasing marijuana from a compassion center. An authorized purchaser may assist no |
9 | more than one patient, and is prohibited from consuming marijuana obtained for the use of the |
10 | qualifying patient. An authorized purchaser shall be registered with the department of health and |
11 | shall possesses a valid registry identification card. "Authorized purchaser" also means any person |
12 | assisting a domestic pet under the care of a veterinarian licensed by the department of health and |
13 | subject to regulation pursuant to chapter 25 of title 5, veterinary practice. |
14 | (2) "Cannabis" means all parts of the plant of the genus marijuana, also known as |
15 | marijuana sativa L. whether growing or not; the seeds thereof; the resin extracted from any part of |
16 | the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, |
17 | its seeds, or resin regardless of cannabinoid content or cannabinoid potency including |
18 | "marijuana," and "industrial hemp" or "industrial hemp products" which satisfy the requirements |
19 | of chapter 26 of title 2. |
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1 | (3) "Cannabis testing laboratory" means a third-party analytical testing laboratory |
2 | licensed by the department of health, in coordination with the department of business regulation, |
3 | to collect and test samples of cannabis. |
4 | (4) "Cardholder" means a person who has been registered or licensed with the department |
5 | of health or the department of business regulation pursuant to this chapter and possesses a valid |
6 | registry identification card or license. |
7 | (5) "Commercial unit" means a building, or other space within a commercial or industrial |
8 | building, for use by one business or person and is rented or owned by that business or person. |
9 | (6)(i) "Compassion center" means a not-for-profit corporation, subject to the provisions |
10 | of chapter 6 of title 7, and is licensed under § 21-28.6-12, that acquires, possesses, cultivates, |
11 | manufactures, delivers, transfers, transports, supplies, or dispenses medical marijuana, and/or |
12 | related supplies and educational materials, to patient cardholders and/or their registered caregiver |
13 | cardholder or authorized purchaser. |
14 | (ii) "Compassion center cardholder" means a principal officer, board member, employee, |
15 | volunteer, or agent of a compassion center who has registered with the department of business |
16 | regulation and has been issued and possesses a valid, registry identification card. |
17 | (7) "Debilitating medical condition" means: |
18 | (i) Cancer, glaucoma, positive status for human immunodeficiency virus, acquired |
19 | immune deficiency syndrome, Hepatitis C, post-traumatic stress disorder, or the treatment of |
20 | these conditions; |
21 | (ii) A chronic or debilitating disease or medical condition, or its treatment, that produces |
22 | one or more of the following: cachexia or wasting syndrome; severe, debilitating, chronic pain; |
23 | severe nausea; seizures, including but not limited to, those characteristic of epilepsy; or severe |
24 | and persistent muscle spasms, including but not limited to, those characteristic of multiple |
25 | sclerosis or Crohn's disease; or agitation of Alzheimer's Disease; or |
26 | (iii) Any other medical condition or its treatment approved by the department of health, |
27 | as provided for in § 21-28.6-5.; or, |
28 | (iv) Any condition suffered by a domestic pet that would be a "debilitating medical |
29 | condition" if it were suffered by a person. |
30 | (8) "Department of business regulation" means the office of cannabis regulation within |
31 | the Rhode Island department of business regulation or its successor agency. |
32 | (9) "Department of health" means the Rhode Island department of health or its successor |
33 | agency. |
34 | (10) "Department of public safety" means the Rhode Island department of public safety |
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1 | or its successor agency. |
2 | (11) "Dried marijuana" means the dried leaves and flowers of the marijuana plant as |
3 | defined by regulations promulgated by the department of business regulation. |
4 | (12) "Dwelling unit" means the room, or group of rooms, within a residential dwelling |
5 | used or intended for use by one family or household, or by no more than three (3) unrelated |
6 | individuals, with facilities for living, sleeping, sanitation, cooking, and eating. |
7 | (13) "Equivalent amount" means the portion of usable marijuana, be it in extracted, |
8 | edible, concentrated, or any other form, found to be equal to a portion of dried marijuana, as |
9 | defined by regulations promulgated by the department of business regulation. |
10 | (14) "Immature marijuana plant" means a marijuana plant, rooted or unrooted, with no |
11 | observable flower or buds. |
12 | (15) "Licensed medical marijuana cultivator" means a person or entity, as identified in § |
13 | 43-3-6, who or that has been licensed by the department of business regulation to cultivate |
14 | medical marijuana pursuant to § 21-28.6-16. |
15 | (16) "Marijuana" has the meaning given that term in § 21-28-1.02. |
16 | (17) "Marijuana establishment licensee" means any person or entity licensed by the |
17 | department of business regulation under this chapter whose license permits it to engage in or |
18 | conduct activities in connection with the medical marijuana program. "Marijuana establishment |
19 | licensees" shall include compassion centers, medical marijuana cultivators, and cannabis testing |
20 | laboratories. |
21 | (18) "Mature marijuana plant" means a marijuana plant that has flowers or buds that are |
22 | readily observable by an unaided visual examination. |
23 | (19) "Medical marijuana emporium" means any establishment, facility or club, whether |
24 | operated for-profit or nonprofit, or any commercial unit, at which the sale, distribution, transfer, |
25 | or use of medical marijuana or medical marijuana products is proposed and/or occurs to, by or |
26 | among registered patients, registered caregivers, authorized purchaser cardholders or any other |
27 | person. This shall not include a compassion center regulated and licensed by the department of |
28 | business regulation pursuant to the terms of this chapter. |
29 | (20) "Medical marijuana" means marijuana and marijuana products that satisfy the |
30 | requirements of this chapter and have been given the designation of "medical marijuana" due to |
31 | dose, potency, form. Medical marijuana products are only available for use by patient |
32 | cardholders, and may only be sold to or possessed by patient cardholders, or their registered |
33 | caregiver, or authorized purchaser in accordance with this chapter. Medical marijuana may not be |
34 | sold to, possessed by, manufactured by, or used except as permitted under this chapter. |
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1 | (21) "Medical marijuana plant tag set" or "plant tag" means any tag, identifier, |
2 | registration, certificate, or inventory tracking system authorized or issued by the department or |
3 | which the department requires be used for the lawful possession and cultivation of medical |
4 | marijuana plants in accordance with this chapter. |
5 | (22) "Medical use" means the acquisition, possession, cultivation, manufacture, use, |
6 | delivery, transfer, or transportation of medical marijuana or paraphernalia relating to the |
7 | consumption of marijuana to alleviate a patient cardholder's debilitating medical condition or |
8 | symptoms associated with the medical condition in accordance with the provisions of this |
9 | chapter. "Medical use" also shall mean consumption of marijuana by a domestic pet pursuant to a |
10 | written certification by a veterinarian licensed pursuant to chapter 25 of title 5. |
11 | (23) "Practitioner" means a person who is licensed with authority to prescribe drugs |
12 | pursuant to chapters 34, 37, and 54 of title 5, and chapter 25 of title 5, who may provide a |
13 | qualifying patient with a written certification in accordance with regulations promulgated by the |
14 | department of health. |
15 | (24) "Primary caregiver" means a natural person who is at least twenty-one (21) years old |
16 | who is registered under this chapter in order to, and who may assist one qualifying patient, but no |
17 | more than five (5) qualifying patients, with their medical use of marijuana, provided that a |
18 | qualified patient may also serve as his or her own primary caregiver subject to the registration and |
19 | requirements set forth in § 21-28.6-4. |
20 | (25) "Qualifying patient" means a person or domestic pet who has been certified by a |
21 | practitioner as having a debilitating medical condition and is a resident of Rhode Island. |
22 | (26) "Registry identification card" means a document issued by the department of health |
23 | or the department of business regulation, as applicable, that identifies a person as a registered |
24 | qualifying patient, a registered primary caregiver, or authorized purchaser, or a document issued |
25 | by the department of business regulation that identifies a person as a registered principal officer, |
26 | board member, employee, volunteer, or agent of a compassion center, licensed medical marijuana |
27 | cultivator, cannabis testing lab, or any other medical marijuana licensee. |
28 | (27) "Unusable marijuana" means marijuana seeds, stalks, and unusable roots and shall |
29 | not count towards any weight-based possession limits established in this chapter. |
30 | (28) "Usable marijuana" means the leaves and flowers of the marijuana plant, and any |
31 | mixture or preparation thereof, but does not include the seeds, stalks, and roots of the plant. |
32 | (29) "Wet marijuana" means the harvested leaves and flowers of the marijuana plant |
33 | before they have reached a dry state, as defined by regulations promulgated by the department of |
34 | health and department of business regulation. |
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1 | (30) "Written certification" means a statement signed by a practitioner, stating that, in the |
2 | practitioner's professional opinion, the potential benefits of the medical use of marijuana would |
3 | likely outweigh the health risks for the qualifying patient. A written certification shall be made |
4 | only in the course of a bona fide, practitioner-patient relationship after the practitioner has |
5 | completed a full assessment of the qualifying patient's medical history. The written certification |
6 | shall specify the qualifying patient's debilitating medical condition or conditions which may |
7 | include the qualifying patient's relevant medical records. |
8 | SECTION 2. This act shall take effect upon passage. |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO FOOD AND DRUGS | |
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1 | This act would include domestic pets as eligible to use medical marijuana if certified by a |
2 | licensed veterinarian. |
3 | This act would take effect upon passage. |
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