2020 -- S 2544 | |
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LC004615 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2020 | |
____________ | |
A N A C T | |
RELATING TO FOOD AND DRUGS -- THE EDWARD O. HAWKINS AND THOMAS C. | |
SLATER MEDICAL MARIJUANA ACT | |
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Introduced By: Senator Joshua Miller | |
Date Introduced: February 25, 2020 | |
Referred To: Senate Judiciary | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Sections 21-28.6-3, 21-28.6-4, 21-28.6-5 and 21-28.6-12 of the General Laws |
2 | in Chapter 21-28.6 entitled "The Edward O. Hawkins and Thomas C. Slater Medical Marijuana |
3 | Act" are hereby amended to read as 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. |
12 | (2) "Cannabis" means all parts of the plant of the genus marijuana, also known as marijuana |
13 | sativa L. whether growing or not; the seeds thereof; the resin extracted from any part of the plant; |
14 | and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, |
15 | or resin regardless of cannabinoid content or cannabinoid potency including "marijuana," and |
16 | "industrial hemp" or "industrial hemp products" which satisfy the requirements of chapter 26 of |
17 | title 2. |
18 | (3) "Cannabis testing laboratory" means a third-party analytical testing laboratory licensed |
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1 | by the department of health, in coordination with the department of business regulation, to collect |
2 | and test samples of cannabis. |
3 | (4) "Cardholder" means a person who has been registered or licensed with the department |
4 | of health or the department of business regulation pursuant to this chapter and possesses a valid |
5 | registry identification card or license. |
6 | (5) "Commercial unit" means a building, or other space within a commercial or industrial |
7 | building, for use by one business or person and is rented or owned by that business or person. |
8 | (6)(i) "Compassion center" means a not-for-profit corporation, subject to the provisions of |
9 | chapter 6 of title 7, and is licensed under § 21-28.6-12, that acquires, possesses, cultivates, |
10 | manufactures, delivers, transfers, transports, supplies, or dispenses medical marijuana, and/or |
11 | related supplies and educational materials, to patient cardholders and/or their registered caregiver |
12 | cardholder or authorized purchaser. |
13 | (ii) "Compassion center cardholder" means a principal officer, board member, employee, |
14 | volunteer, or agent of a compassion center who has registered with the department of business |
15 | regulation and has been issued and possesses a valid, registry identification card. |
16 | (7) "Debilitating medical condition" means: any serious health condition a reasonable |
17 | practitioner believes, based on their experience, knowledge, and reasonable judgment as a health |
18 | care provider, could be alleviated or treated through the use of medical marijuana. |
19 | (i) Cancer, glaucoma, positive status for human immunodeficiency virus, acquired immune |
20 | deficiency syndrome, Hepatitis C, post-traumatic stress disorder, or the treatment of these |
21 | conditions; |
22 | (ii) A chronic or debilitating disease or medical condition, or its treatment, that produces |
23 | one or more of the following: cachexia or wasting syndrome; severe, debilitating, chronic pain; |
24 | severe nausea; seizures, including but not limited to, those characteristic of epilepsy; or severe and |
25 | persistent muscle spasms, including but not limited to, those characteristic of multiple sclerosis or |
26 | Crohn's disease; or agitation of Alzheimer's Disease; or |
27 | (iii) Any other medical condition or its treatment approved by the department of health, as |
28 | provided for in § 21-28.6-5. |
29 | (8) "Department of business regulation" means the office of cannabis regulation within the |
30 | Rhode Island department of business regulation or its successor agency. |
31 | (9) "Department of health" means the Rhode Island department of health or its successor |
32 | agency. |
33 | (10) "Department of public safety" means the Rhode Island department of public safety or |
34 | its successor agency. |
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1 | (11) "Dried marijuana" means the dried leaves and flowers of the marijuana plant as |
2 | defined by regulations promulgated by the department of business regulation. |
3 | (12) "Dwelling unit" means the room, or group of rooms, within a residential dwelling used |
4 | or intended for use by one family or household, or by no more than three (3) unrelated individuals, |
5 | with facilities for living, sleeping, sanitation, cooking, and eating. |
6 | (13) "Equivalent amount" means the portion of usable marijuana, be it in extracted, edible, |
7 | concentrated, or any other form, found to be equal to a portion of dried marijuana, as defined by |
8 | regulations promulgated by the department of business regulation. |
9 | (14) “Hardship registration” means a designation for patient cardholders who, based on |
10 | their financial circumstances, are eligible to receive discounts on medical marijuana and medical |
11 | marijuana products purchased at compassion centers. |
12 | (14)(15) "Immature marijuana plant" means a marijuana plant, rooted or unrooted, with no |
13 | observable flower or buds. |
14 | (15)(16) "Licensed medical marijuana cultivator" means a person or entity, as identified in |
15 | § 43-3-6, who or that has been licensed by the department of business regulation to cultivate |
16 | medical marijuana pursuant to § 21-28.6-16. |
17 | (16)(17) "Marijuana" has the meaning given that term in § 21-28-1.02. |
18 | (17)(18) "Marijuana establishment licensee" means any person or entity licensed by the |
19 | department of business regulation under this chapter whose license permits it to engage in or |
20 | conduct activities in connection with the medical marijuana program. "Marijuana establishment |
21 | licensees" shall include compassion centers, medical marijuana cultivators, and cannabis testing |
22 | laboratories. |
23 | (18)(19) "Mature marijuana plant" means a marijuana plant that has flowers or buds that |
24 | are readily observable by an unaided visual examination. |
25 | (19)(20) "Medical marijuana emporium" means any establishment, facility or club, |
26 | whether operated for-profit or nonprofit, or any commercial unit, at which the sale, distribution, |
27 | transfer, or use of medical marijuana or medical marijuana products is proposed and/or occurs to, |
28 | by or among registered patients, registered caregivers, authorized purchaser cardholders or any |
29 | other person. This shall not include a compassion center regulated and licensed by the department |
30 | of business regulation pursuant to the terms of this chapter. |
31 | (20)(21) "Medical marijuana" means marijuana and marijuana products that satisfy the |
32 | requirements of this chapter and have been given the designation of "medical marijuana" due to |
33 | dose, potency, form. Medical marijuana products are only available for use by patient cardholders, |
34 | and may only be sold to or possessed by patient cardholders, or their registered caregiver, or |
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1 | authorized purchaser in accordance with this chapter. Medical marijuana may not be sold to, |
2 | possessed by, manufactured by, or used except as permitted under this chapter. |
3 | (21)(22) "Medical marijuana plant tag set" or "plant tag" means any tag, identifier, |
4 | registration, certificate, or inventory tracking system authorized or issued by the department or |
5 | which the department requires be used for the lawful possession and cultivation of medical |
6 | marijuana plants in accordance with this chapter. |
7 | (22)(23) "Medical use" means the acquisition, possession, cultivation, manufacture, use, |
8 | delivery, transfer, or transportation of medical marijuana or paraphernalia relating to the |
9 | consumption of marijuana to alleviate a patient cardholder's debilitating medical condition or |
10 | symptoms associated with the medical condition in accordance with the provisions of this chapter. |
11 | (23)(24) "Practitioner" means a person who is licensed with authority to prescribe drugs |
12 | pursuant to chapters 34, 37, and 54 of title 5, who may provide a qualifying patient with a written |
13 | certification in accordance with regulations promulgated by the department of health. |
14 | (24)(25) "Primary caregiver" means a natural person who is at least twenty-one (21) years |
15 | old who is registered under this chapter in order to, and who may assist one qualifying patient, but |
16 | no more than five (5) qualifying patients, with their medical use of marijuana, provided that a |
17 | qualified patient may also serve as his or her own primary caregiver subject to the registration and |
18 | requirements set forth in § 21-28.6-4. |
19 | (25)(26) "Qualifying patient" means a person who has been certified by a practitioner as |
20 | having a debilitating medical condition and is a resident of Rhode Island. |
21 | (26)(27) "Registry identification card" means a document issued by the department of |
22 | health or the department of business regulation, as applicable, that identifies a person as a registered |
23 | qualifying patient, a registered primary caregiver, or authorized purchaser, or a document issued |
24 | by the department of business regulation that identifies a person as a registered principal officer, |
25 | board member, employee, volunteer, or agent of a compassion center, licensed medical marijuana |
26 | cultivator, cannabis testing lab, or any other medical marijuana licensee. |
27 | (27)(28) "Unusable marijuana" means marijuana seeds, stalks, and unusable roots and shall |
28 | not count towards any weight-based possession limits established in this chapter. |
29 | (28)(29) "Usable marijuana" means the leaves and flowers of the marijuana plant, and any |
30 | mixture or preparation thereof, but does not include the seeds, stalks, and roots of the plant. |
31 | (29)(30) "Wet marijuana" means the harvested leaves and flowers of the marijuana plant |
32 | before they have reached a dry state, as defined by regulations promulgated by the department of |
33 | health and department of business regulation. |
34 | (30)(31) "Written certification" means a statement signed by a practitioner, stating that, in |
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1 | the practitioner's professional opinion, the potential benefits of the medical use of marijuana would |
2 | likely outweigh the health risks for the qualifying patient. A written certification shall be made only |
3 | in the course of a bona fide, practitioner-patient relationship after the practitioner has completed a |
4 | full assessment of the qualifying patient's medical history. The written certification shall specify |
5 | the qualifying patient's debilitating medical condition or conditions which may include the |
6 | qualifying patient's relevant medical records. |
7 | 21-28.6-4. Protections for the medical use of marijuana. |
8 | (a) A qualifying patient cardholder who has in his or her possession a registry identification |
9 | card shall not be subject to arrest, prosecution, or penalty in any manner, or denied any right or |
10 | privilege, including, but not limited to, civil penalty or disciplinary action by a business or |
11 | occupational or professional licensing board or bureau, solely for the medical use of medical |
12 | marijuana; provided that the qualifying patient cardholder possesses an amount of medical |
13 | marijuana that does not exceed twelve (12) mature marijuana plants and twelve (12) immature |
14 | marijuana plants that are accompanied by valid medical marijuana plant tags, two and one-half |
15 | ounces (2.5 oz.) of dried medical marijuana, or its equivalent amount which satisfies the |
16 | requirements of this chapter, sixteen ounces (16 oz.) of dried medical marijuana if the marijuana |
17 | was cultivated by the patient cardholder or his or her designated caregiver and is stored securely |
18 | within the patient’s residence, and an amount of wet medical marijuana to be set by regulations |
19 | promulgated by the department of business regulation. The plants shall be stored in an indoor |
20 | facility. Marijuana plants and the marijuana they produce shall only be grown, stored, |
21 | manufactured, and processed in accordance with regulations promulgated by the department of |
22 | business regulation; |
23 | (b) An authorized purchaser who has in his or her possession a registry identification card |
24 | shall not be subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege, |
25 | including, but not limited to, civil penalty or disciplinary action by a business or occupational or |
26 | professional licensing board or bureau, for the possession of medical marijuana; provided that the |
27 | authorized purchaser possesses an amount of medical marijuana that does not exceed two and one- |
28 | half (2.5) ounces of usable marijuana, or its equivalent amount, and this medical marijuana was |
29 | purchased legally from a compassion center for the use of their designated qualifying patient. |
30 | (c) A qualifying patient cardholder, who has in his or her possession a registry |
31 | identification card, shall not be subject to arrest, prosecution, or penalty in any manner, or denied |
32 | any right or privilege, including, but not limited to, civil penalty or disciplinary action by a business |
33 | or occupational or professional licensing board or bureau, for selling, giving, or distributing, on or |
34 | before December 31, 2016, to a compassion center cardholder, medical marijuana of the type and |
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1 | in an amount not to exceed that set forth in subsection (a) that he or she has cultivated or |
2 | manufactured pursuant to this chapter. |
3 | (d) No school or landlord may refuse to enroll, or lease to, or otherwise penalize, a person |
4 | solely for his or her status as a cardholder. Provided, however, due to the safety and welfare concern |
5 | for other tenants, the property, and the public, as a whole, a landlord may have the discretion not |
6 | to lease, or continue to lease, to a cardholder who cultivates, manufactures, processes, smokes, or |
7 | vaporizes medical marijuana in the leased premises. |
8 | (e) No employer may refuse to employ, or otherwise penalize, a person solely for his or |
9 | her status as a cardholder, except: |
10 | (1) To the extent employer action is taken with respect to such person's: |
11 | (i) Use or possession of marijuana or being under the influence of marijuana in any |
12 | workplace; |
13 | (ii) Undertaking a task under the influence of marijuana when doing so would constitute |
14 | negligence or professional malpractice or jeopardize workplace safety; |
15 | (iii) Operation, navigation, or actual physical control of any motor vehicle or other |
16 | transport vehicle, aircraft, motorboat, machinery or equipment, or firearms while under the |
17 | influence of marijuana; or |
18 | (iv) Violation of employment conditions pursuant to the terms of a collective bargaining |
19 | agreement; or |
20 | (2) Where the employer is a federal contractor or otherwise subject to federal law such that |
21 | failure of the employer to take such action against the employee would cause the employer to lose |
22 | a monetary or licensing related benefit. |
23 | (f) A primary caregiver cardholder, who has in his or her possession a registry identification |
24 | card, shall not be subject to arrest, prosecution, or penalty in any manner, or denied any right or |
25 | privilege, including, but not limited to, civil penalty or disciplinary action by a business or |
26 | occupational or professional licensing board or bureau, for assisting a patient cardholder, to whom |
27 | he or she is connected through the department of health or department of business regulation's |
28 | registration process, with the medical use of medical marijuana; provided, that the primary |
29 | caregiver cardholder possesses an amount of marijuana that does not exceed twelve (12) mature |
30 | marijuana plants that are accompanied by valid medical marijuana tags, two and one-half (2.5) |
31 | ounces of usable marijuana, or its equivalent amount, and an amount of wet marijuana set in |
32 | regulations promulgated by the departments of health and business regulation for each qualified |
33 | patient cardholder to whom he or she is connected through the department of health's registration |
34 | process. |
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1 | (g) A qualifying patient cardholder shall be allowed to possess a reasonable amount of |
2 | unusable marijuana, including up to twelve (12) immature marijuana plants that are accompanied |
3 | by valid medical marijuana tags. A primary caregiver cardholder shall be allowed to possess a |
4 | reasonable amount of unusable marijuana, including up to twenty-four (24) immature marijuana |
5 | plants that are accompanied by valid medical marijuana tags and an amount of wet marijuana set |
6 | in regulations promulgated by the departments of health and business regulation. |
7 | (h) There shall exist a presumption that a cardholder is engaged in the medical use of |
8 | marijuana if the cardholder: |
9 | (1) Is in possession of a registry identification card; and |
10 | (2) Is in possession of an amount of marijuana that does not exceed the amount permitted |
11 | under this chapter. Such presumption may be rebutted by evidence that conduct related to marijuana |
12 | was not for the purpose of alleviating the qualifying patient's debilitating medical condition or |
13 | symptoms associated with the medical condition. |
14 | (i) A primary caregiver cardholder may receive reimbursement for costs associated with |
15 | assisting a qualifying patient cardholder's medical use of marijuana. A primary caregiver |
16 | cardholder may only receive reimbursement for the actual costs of goods, materials, services or |
17 | utilities for which they have incurred expenses. A primary caregiver may not receive |
18 | reimbursement or compensation for his or her time, knowledge, or expertise. Compensation shall |
19 | not constitute sale of controlled substances under state law. The department of business regulation |
20 | may promulgate regulations for the documentation and tracking of reimbursements and the transfer |
21 | of medical marijuana between primary caregivers and their registered patients. |
22 | (j) A primary caregiver cardholder, who has in his or her possession a registry identification |
23 | card, shall not be subject to arrest, prosecution, or penalty in any manner, or denied any right or |
24 | privilege, including, but not limited to, civil penalty or disciplinary action by a business or |
25 | occupational or professional licensing board or bureau, for selling, giving, or distributing, on or |
26 | before December 31, 2016, to a compassion center cardholder, marijuana, of the type, and in an |
27 | amount not to exceed that set forth in subsection (f), if: |
28 | (1) The primary caregiver cardholder cultivated the marijuana pursuant to this chapter, not |
29 | to exceed the limits of subsection (f); and |
30 | (2) Each qualifying patient cardholder the primary caregiver cardholder is connected with |
31 | through the department of health's registration process has been provided an adequate amount of |
32 | the marijuana to meet his or her medical needs, not to exceed the limits of subsection (a). |
33 | (k) A practitioner shall not be subject to arrest, prosecution, or penalty in any manner, or |
34 | denied any right or privilege, including, but not limited to, civil penalty or disciplinary action by |
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1 | the Rhode Island board of medical licensure and discipline, or an employer or occupational or |
2 | professional licensing board or bureau solely for providing written certifications in accordance with |
3 | this chapter and regulations promulgated by the department of health, or for otherwise stating that, |
4 | in the practitioner's professional opinion, the potential benefits of the medical marijuana would |
5 | likely outweigh the health risks for a patient. |
6 | (l) Any interest in, or right to, property that is possessed, owned, or used in connection with |
7 | the lawful medical use of marijuana, or acts incidental to such use, shall not be forfeited. |
8 | (m) No person shall be subject to arrest or prosecution for constructive possession, |
9 | conspiracy, aiding and abetting, being an accessory, or any other offense, for simply being in the |
10 | presence or vicinity of the medical use of marijuana as permitted under this chapter, or for assisting |
11 | a qualifying patient cardholder with using or administering marijuana. |
12 | (n) A practitioner, licensed with authority to prescribe drugs pursuant to chapters 34, 37, |
13 | and 54 of title 5, or pharmacist, licensed under chapter 19.1 of title 5, or certified school nurse |
14 | teacher, shall not be subject to arrest, prosecution, or penalty in any manner, or denied any right or |
15 | privilege, including, but not limited to, civil penalty or disciplinary action by an employer or |
16 | occupational or professional licensing board or bureau solely for: (1) Discussing the benefits or |
17 | health risks of medical marijuana or its interaction with other substances with a patient; or |
18 | (2) Administering a non-smokable and non-vaporized form of medical marijuana in a |
19 | school setting to a qualified patient registered in accordance with this chapter. |
20 | (o) A qualifying patient or primary caregiver registry identification card, or its equivalent, |
21 | issued under the laws of another state, U.S. territory, or the District of Columbia, to permit the |
22 | medical use of marijuana by a patient with a debilitating medical condition, or to permit a person |
23 | to assist with the medical use of marijuana by a patient with a debilitating medical condition, shall |
24 | have the same force and effect as a registry identification card. |
25 | (p) Notwithstanding the provisions of subsection (f), no primary caregiver cardholder shall |
26 | possess an amount of marijuana in excess of twenty-four (24) mature marijuana plants that are |
27 | accompanied by valid medical marijuana tags and five (5) ounces of usable marijuana, or its |
28 | equivalent, and an amount of wet medical marijuana set in regulations promulgated by the |
29 | departments of health and business regulation for patient cardholders to whom he or she is |
30 | connected through the department of health and/or department of business regulation registration |
31 | process. |
32 | (q) A qualifying patient or primary caregiver cardholder may give marijuana to another |
33 | qualifying patient or primary caregiver cardholder to whom they are not connected by the |
34 | department's registration process, provided that no consideration is paid for the marijuana, and that |
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1 | the recipient does not exceed the limits specified in this section. |
2 | (r) Qualifying patient cardholders and primary caregiver cardholders electing to grow |
3 | marijuana shall only grow at one premises, and this premises shall be registered with the department |
4 | of business regulation. Except for licensed compassion centers, and licensed cooperative |
5 | cultivations, and licensed cultivators, no more than twenty-four (24) mature marijuana plants that |
6 | are accompanied by valid medical marijuana tags shall be grown or otherwise located at any one |
7 | dwelling unit or commercial unit. The number of qualifying patients or primary caregivers residing, |
8 | owning, renting, growing, or otherwise operating at a dwelling or commercial unit does not affect |
9 | this limit. The department of business regulation shall promulgate regulations to enforce this |
10 | provision. |
11 | (s) For the purposes of medical care, including organ transplants, a patient cardholder's |
12 | authorized use of marijuana shall be considered the equivalent of the authorized use of any other |
13 | medication used at the direction of a physician, and shall not constitute the use of an illicit |
14 | substance. |
15 | (t) Notwithstanding any other provisions of the general laws, the manufacture of marijuana |
16 | using a solvent extraction process that includes the use of a compressed, flammable gas as a solvent |
17 | by a patient cardholder or primary caregiver cardholder shall not be subject to the protections of |
18 | this chapter. |
19 | (u) Notwithstanding any provisions to the contrary, nothing in this chapter or the general |
20 | laws shall restrict or otherwise affect the manufacturing, distribution, transportation, sale, |
21 | prescribing, and dispensing of a product that has been approved for marketing as a prescription |
22 | medication by the U.S. Food and Drug Administration and legally prescribed, nor shall hemp, in |
23 | accordance with chapter 26 of title 2, be defined as marijuana or marihuana pursuant to this chapter, |
24 | chapter 28 of this title or elsewhere in the general laws. |
25 | (v) No state department, agency, court or official in any capacity, shall render policies, |
26 | punishments, or decisions in a manner that regards a registered patient cardholder, or the lawful |
27 | use of medical marijuana pursuant to this chapter, differently than a similarly situated person |
28 | lawfully using a prescribed medication. |
29 | 21-28.6-5. Departments of health and business regulation to issue regulations. |
30 | (a) Not later than ninety (90) days after the effective date of this chapter, the department of |
31 | health shall promulgate regulations governing the manner in which it shall consider petitions from |
32 | the public to add debilitating medical conditions to those included in this chapter. In considering |
33 | such petitions, the department of health shall include public notice of, and an opportunity to |
34 | comment in a public hearing, upon such petitions. The department of health shall, after hearing, |
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1 | approve or deny such petitions within one hundred eighty (180) days of submission. The approval |
2 | or denial of such a petition shall be considered a final department of health action, subject to judicial |
3 | review. Jurisdiction and venue for judicial review are vested in the superior court. The denial of a |
4 | petition shall not disqualify qualifying patients with that condition, if they have a debilitating |
5 | medical condition as defined in § 21-28.6-3. The denial of a petition shall not prevent a person with |
6 | the denied condition from raising an affirmative defense. |
7 | (b) Not later than ninety (90) days after the effective date of this chapter, the department |
8 | of health shall promulgate regulations governing the manner in which it shall consider applications |
9 | for, and renewals of, registry identification cards for qualifying patients and authorized purchasers. |
10 | The department of health's regulations shall establish application and renewal fees that generate |
11 | revenues sufficient to offset all expenses of implementing and administering this chapter. The |
12 | department of health may vary the application and renewal fees along a sliding scale that accounts |
13 | for a qualifying patient's or caregiver's income. The department of health may accept donations |
14 | from private sources in order to reduce the application and renewal fees. |
15 | (c) Not later than October 1, 2019, the department of business regulation shall promulgate |
16 | regulations not inconsistent with law, to carry into effect the provisions of this section, governing |
17 | the manner in which it shall consider applications for, and renewals of, registry identification cards |
18 | for primary caregivers. The department of business regulation's regulations shall establish |
19 | application and renewal fees. The department of business regulation may vary the application and |
20 | renewal fees along a sliding scale that accounts for a qualifying patient's or caregiver's income. The |
21 | department of business regulation may accept donations from private sources in order to reduce the |
22 | application and renewal fees. |
23 | (d) Not later than October 1, 2020, the department of health shall promulgate regulations |
24 | not inconsistent with law to designate qualifying patients as eligible for a hardship registration if, |
25 | when submitting applications for, and renewal of, registry identification cards, provide proof that |
26 | they receive supplemental security income, Social Security disability income, and/or Medicaid |
27 | benefits. The department of health may develop other criteria for hardship designation eligibility |
28 | based on a qualifying patient’s income and other financial circumstances. Upon issuance of registry |
29 | identification cards, and renewals of, the department of health shall imprint a symbol indicating a |
30 | qualifying patient’s hardship registration either on the registry identification card or another official |
31 | document provided by the department. A qualifying patient’s hardship registration shall remain in |
32 | effect as long as the patient’s registration card remains valid. |
33 | 21-28.6-12. Compassion centers. |
34 | (a) A compassion center licensed under this section may acquire, possess, cultivate, |
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1 | manufacture, deliver, transfer, transport, supply, or dispense medical marijuana, or related supplies |
2 | and educational materials, to registered qualifying patients and their registered primary caregivers |
3 | or authorized purchasers, or out-of-state patient cardholders or other marijuana establishment |
4 | licensees. Except as specifically provided to the contrary, all provisions of this chapter (the Edward |
5 | O. Hawkins and Thomas C. Slater medical marijuana act), apply to a compassion center unless the |
6 | provision(s) conflict with a provision contained in this section. |
7 | (b) License of compassion centers -- authority of the departments of health and business |
8 | regulation: |
9 | (1) Not later than ninety (90) days after the effective date of this chapter, the department |
10 | of health shall promulgate regulations governing the manner in which it shall consider applications |
11 | for licenses for compassion centers, including regulations governing: |
12 | (i) The form and content of license and renewal applications; |
13 | (ii) Minimum oversight requirements for compassion centers; |
14 | (iii) Minimum record-keeping requirements for compassion centers; |
15 | (iv) Minimum security requirements for compassion centers; and |
16 | (v) Procedures for suspending, revoking, or terminating the license of compassion centers |
17 | that violate the provisions of this section or the regulations promulgated pursuant to this subsection. |
18 | (2) Within ninety (90) days of the effective date of this chapter, the department of health |
19 | shall begin accepting applications for the operation of a single compassion center. |
20 | (3) Within one hundred fifty (150) days of the effective date of this chapter, the department |
21 | of health shall provide for at least one public hearing on the granting of an application to a single |
22 | compassion center. |
23 | (4) Within one hundred ninety (190) days of the effective date of this chapter, the |
24 | department of health shall grant a single license to a single compassion center, providing at least |
25 | one applicant has applied who meets the requirements of this chapter. |
26 | (5) If at any time after fifteen (15) months after the effective date of this chapter, there is |
27 | no operational compassion center in Rhode Island, the department of health shall accept |
28 | applications, provide for input from the public, and issue a license for a compassion center if a |
29 | qualified applicant exists. |
30 | (6) Within two (2) years of the effective date of this chapter, the department of health shall |
31 | begin accepting applications to provide licenses for two (2) additional compassion centers. The |
32 | department shall solicit input from the public, and issue licenses if qualified applicants exist. |
33 | (7)(i) Any time a compassion center license is revoked, is relinquished, or expires on or |
34 | before December 31, 2016, the department of health shall accept applications for a new compassion |
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1 | center. |
2 | (ii) Any time a compassion center license is revoked, is relinquished, or expires on or after |
3 | January 1, 2017, the department of business regulation shall accept applications for a new |
4 | compassion center. |
5 | (8)(i) If at any time after three (3) years after the effective date of this chapter and on or |
6 | before December 31, 2016, fewer than three (3) compassion centers are holding valid licenses in |
7 | Rhode Island, the department of health shall accept applications for a new compassion center. If at |
8 | any time on or after January 1, 2017, fewer than three (3) compassion centers are holding valid |
9 | licenses in Rhode Island, the department of business regulation shall accept applications for a new |
10 | compassion center. There shall be nine (9) Any number of compassion centers that may hold valid |
11 | licenses at one time. If at any time on or after July 1, 2019, fewer than nine (9) compassion centers |
12 | are holding valid licenses in Rhode Island, the The department of business regulation shall accept |
13 | applications for new compassion centers and shall continue the process until nine (9) licenses have |
14 | one license has been issued by the department of business regulation for every one thousand (1000) |
15 | registered patient cardholders. |
16 | (9) Any compassion center application selected for approval by the department of health |
17 | on or before December 31, 2016, or selected for approval by the department of business regulation |
18 | on or after January 1, 2017, shall remain in full force and effect, notwithstanding any provisions of |
19 | this chapter to the contrary, and shall be subject to state law adopted herein and rules and regulations |
20 | adopted by the departments of health and business regulation subsequent to passage of this |
21 | legislation. |
22 | (10) A licensed cultivator may apply for, and be issued, an available compassion center |
23 | license, provided that the licensed cultivation premises is disclosed on the compassion center |
24 | application as the permitted second location for growing medical marijuana in accordance with |
25 | subsection (c)(i) of this section. If a licensed cultivator is issued an available compassion center |
26 | license, their cultivation facility license will merge with and into their compassion center license in |
27 | accordance with regulations promulgated by the department of business regulation. Once merged, |
28 | the cultivation of medical marijuana may then be conducted under the compassion center license |
29 | in accordance with this section and the cultivation license will be considered null and void and of |
30 | no further force or effect. |
31 | (c) Compassion center and agent applications and license: |
32 | (1) Each application for a compassion center shall be submitted in accordance with |
33 | regulations promulgated by the department of business regulation and shall include, but not be |
34 | limited to: |
| LC004615 - Page 12 of 31 |
1 | (i) A non-refundable application fee paid to the department in the amount of ten thousand |
2 | dollars ($10,000); |
3 | (ii) The proposed legal name and proposed articles of incorporation of the compassion |
4 | center; |
5 | (iii) The proposed physical address of the compassion center, if a precise address has been |
6 | determined, or, if not, the general location where it would be located. This may include a second |
7 | location for the cultivation of medical marijuana; |
8 | (iv) A description of the enclosed, locked facility that would be used in the cultivation of |
9 | medical marijuana; |
10 | (v) The name, address, and date of birth of each principal officer and board member of the |
11 | compassion center; |
12 | (vi) Proposed security and safety measures that shall include at least one security alarm |
13 | system for each location, planned measures to deter and prevent the unauthorized entrance into |
14 | areas containing marijuana and the theft of marijuana, as well as a draft, employee-instruction |
15 | manual including security policies, safety and security procedures, personal safety, and crime- |
16 | prevention techniques; and |
17 | (vii) Proposed procedures to ensure accurate record keeping. |
18 | (2)(i) For applications submitted on or before December 31, 2016, any time one or more |
19 | compassion center license applications are being considered, the department of health shall also |
20 | allow for comment by the public and shall solicit input from registered qualifying patients, |
21 | registered primary caregivers, and the towns or cities where the applicants would be located; |
22 | (ii) For applications submitted on or after January 1, 2017, any time one or more |
23 | compassion center license applications are being considered, the department of business regulation |
24 | shall also allow for comment by the public and shall solicit input from registered qualifying |
25 | patients, registered primary caregivers, and the towns or cities where the applicants would be |
26 | located. |
27 | (3) Each time a new compassion center license is issued, the decision shall be based upon |
28 | the overall health needs of qualified patients and the safety of the public, including, but not limited |
29 | to, the following factors: |
30 | (i) Convenience to patients from areas throughout the state of Rhode Island; |
31 | (ii) The applicant's ability to provide a steady supply to the registered qualifying patients |
32 | in the state; |
33 | (iii) The applicant's experience running a non-profit or business; |
34 | (iv) The interests of qualifying patients regarding which applicant be granted a license; |
| LC004615 - Page 13 of 31 |
1 | (v) The interests of the city or town where the dispensary would be located taking into |
2 | consideration need and population; |
3 | (vi) Nothing herein shall prohibit more than one compassion center being geographically |
4 | located in any city or town; |
5 | (vii) The sufficiency of the applicant's plans for record keeping and security, which records |
6 | shall be considered confidential healthcare information under Rhode Island law and are intended |
7 | to be deemed protected healthcare information for purposes of the Federal Health Insurance |
8 | Portability and Accountability Act of 1996, as amended; and |
9 | (viii) The sufficiency of the applicant's plans for safety and security, including proposed |
10 | location, security devices employed, and staffing. |
11 | (4) A compassion center approved by the department of health on or before December 31, |
12 | 2016, shall submit the following to the department before it may begin operations: |
13 | (i) A fee paid to the department in the amount of five thousand dollars ($5,000); |
14 | (ii) The legal name and articles of incorporation of the compassion center; |
15 | (iii) The physical address of the compassion center; this may include a second address for |
16 | the secure cultivation of marijuana; |
17 | (iv) The name, address, and date of birth of each principal officer and board member of the |
18 | compassion center; and |
19 | (v) The name, address, and date of birth of any person who will be an agent of, employee, |
20 | or volunteer of the compassion center at its inception. |
21 | (5)(i) A compassion center approved or renewed by the department of business regulation |
22 | on or after January 1, 2017, but before July 1, 2019, shall submit materials pursuant to regulations |
23 | promulgated by the department of business regulation before it may begin operations: |
24 | (A) A fee paid to the department in the amount of five hundred thousand dollars ($500,000) |
25 | five thousand dollars ($5000); |
26 | (B) The legal name and articles of incorporation of the compassion center; |
27 | (C) The physical address of the compassion center; this may include a second address for |
28 | the secure cultivation of medical marijuana; |
29 | (D) The name, address, and date of birth of each principal officer and board member of the |
30 | compassion center; |
31 | (E) The name, address, and date of birth of any person who will be an agent, employee, or |
32 | volunteer of the compassion center at its inception. |
33 | (ii) A compassion center approved or renewed by the department of business regulation on |
34 | or after July 1, 2019, shall submit materials pursuant to regulations promulgated by the department |
| LC004615 - Page 14 of 31 |
1 | of business regulation before it may begin operations, which shall include but not be limited to: |
2 | (A) A fee paid to the department in the amount of five hundred thousand dollars |
3 | ($500,000); |
4 | (B) The legal name and articles of incorporation of the compassion center; |
5 | (C) The physical address of the compassion center; this may include a second address for |
6 | the secure cultivation of medical marijuana; |
7 | (D) The name, address, and date of birth of each principal officer and board member of the |
8 | compassion center, and any person who has a direct or indirect ownership interest in any marijuana |
9 | establishment licensee, which ownership interest shall include, but not be limited to, any interests |
10 | arising pursuant to the use of shared management companies, management agreements or other |
11 | agreements that afford third-party management or operational control, or other familial or business |
12 | relationships between compassion center or cultivator owners, members, officers, directors, |
13 | managers, investors, agents, or key persons that effect dual license interests as determined by the |
14 | department of business regulation; |
15 | (E) The name, address, and date of birth of any person who will be an agent, employee, or |
16 | volunteer of the compassion center at its inception. |
17 | (6) Except as provided in subsection (c)(7) of this section, the department of health or the |
18 | department of business regulation shall issue each principal officer, board member, agent, |
19 | volunteer, and employee of a compassion center a registry identification card or renewal card after |
20 | receipt of the person's name, address, date of birth; a fee in an amount established by the department |
21 | of health or the department of business regulation; and, except in the case of an employee, |
22 | notification to the department of health or the department of business regulation by the department |
23 | of public safety division of state police, attorney general's office, or local law enforcement that the |
24 | registry identification card applicant has not been convicted of a felony drug offense or has not |
25 | entered a plea of nolo contendere for a felony drug offense and received a sentence of probation. |
26 | Each card shall specify that the cardholder is a principal officer, board member, agent, volunteer, |
27 | or employee of a compassion center and shall contain the following: |
28 | (i) The name, address, and date of birth of the principal officer, board member, agent, |
29 | volunteer, or employee; |
30 | (ii) The legal name of the compassion center to which the principal officer, board member, |
31 | agent, volunteer, or employee is affiliated; |
32 | (iii) A random identification number that is unique to the cardholder; |
33 | (iv) The date of issuance and expiration date of the registry identification card; and |
34 | (v) A photograph, if the department of health or the department of business regulation |
| LC004615 - Page 15 of 31 |
1 | decides to require one. |
2 | (7) Except as provided in this subsection, neither the department of health nor the |
3 | department of business regulation shall issue a registry identification card to any principal officer, |
4 | board member, or agent, of a compassion center who has been convicted of a felony drug offense |
5 | or has entered a plea of nolo contendere for a felony drug offense and received a sentence of |
6 | probation. If a registry identification card is denied, the compassion center will be notified in |
7 | writing of the purpose for denying the registry identification card. A registry identification card |
8 | may be granted if the offense was for conduct that occurred prior to the enactment of the Edward |
9 | O. Hawkins and Thomas C. Slater medical marijuana act or that was prosecuted by an authority |
10 | other than the state of Rhode Island and for which the Edward O. Hawkins and Thomas C. Slater |
11 | medical marijuana act would otherwise have prevented a conviction. |
12 | (i) All registry identification card applicants shall apply to the department of public safety |
13 | division of state police, the attorney general's office, or local law enforcement for a national |
14 | criminal identification records check that shall include fingerprints submitted to the federal bureau |
15 | of investigation. Upon the discovery of a felony drug offense conviction or a plea of nolo |
16 | contendere for a felony drug offense with a sentence of probation, and in accordance with the rules |
17 | promulgated by the department of health and the department of business regulation, the department |
18 | of public safety division of state police, the attorney general's office, or local law enforcement shall |
19 | inform the applicant, in writing, of the nature of the felony and the department of public safety |
20 | division of state police shall notify the department of health or the department of business |
21 | regulation, in writing, without disclosing the nature of the felony, that a felony drug offense |
22 | conviction or a plea of nolo contendere for a felony drug offense with probation has been found. |
23 | (ii) In those situations in which no felony drug offense conviction or plea of nolo |
24 | contendere for a felony drug offense with probation has been found, the department of public safety |
25 | division of state police, the attorney general's office, or local law enforcement shall inform the |
26 | applicant and the department of health or the department of business regulation, in writing, of this |
27 | fact. |
28 | (iii) All registry identification card applicants, except for employees with no ownership, |
29 | equity, financial interest, or managing control of a marijuana establishment license, shall be |
30 | responsible for any expense associated with the criminal background check with fingerprints. |
31 | (8) A registry identification card of a principal officer, board member, agent, volunteer, |
32 | employee, or any other designation required by the department of business regulation shall expire |
33 | one year after its issuance, or upon the expiration of the licensed organization's license, or upon the |
34 | termination of the principal officer, board member, agent, volunteer, or employee's relationship |
| LC004615 - Page 16 of 31 |
1 | with the compassion center, whichever occurs first. |
2 | (9) A compassion center cardholder shall notify and request approval from the department |
3 | of business regulation of any change in his or her name or address within ten (10) days of the |
4 | change. A compassion center cardholder who fails to notify the department of business regulation |
5 | of any of these changes is responsible for a civil infraction, punishable by a fine of no more than |
6 | one hundred fifty dollars ($150). |
7 | (10) When a compassion center cardholder notifies the department of health or the |
8 | department of business regulation of any changes listed in this subsection, the department shall |
9 | issue the cardholder a new registry identification card within ten (10) days of receiving the updated |
10 | information and a ten-dollar ($10.00) fee. |
11 | (11) If a compassion center cardholder loses his or her registry identification card, he or |
12 | she shall notify the department of health or the department of business regulation and submit a ten- |
13 | dollar ($10.00) fee within ten (10) days of losing the card. Within five (5) days, the department |
14 | shall issue a new registry identification card with new random identification number. |
15 | (12) On or before December 31, 2016, a compassion center cardholder shall notify the |
16 | department of health of any disqualifying criminal convictions as defined in subsection (c)(7) of |
17 | this section. The department of health may choose to suspend and/or revoke his or her registry |
18 | identification card after the notification. |
19 | (13) On or after January 1, 2017, a compassion center cardholder shall notify the |
20 | department of business regulation of any disqualifying criminal convictions as defined in |
21 | subsection (c)(7) of this section. The department of business regulation may choose to suspend |
22 | and/or revoke his or her registry identification card after the notification. |
23 | (14) If a compassion center cardholder violates any provision of this chapter or regulations |
24 | promulgated hereunder as determined by the departments of health and business regulation, his or |
25 | her registry identification card may be suspended and/or revoked. |
26 | (d) Expiration or termination of compassion center: |
27 | (1) On or before December 31, 2016, a compassion center's license shall expire two (2) |
28 | years after its license is issued. On or after January 1, 2017, a compassion center's license shall |
29 | expire one year after its license is issued. The compassion center may submit a renewal application |
30 | beginning sixty (60) days prior to the expiration of its license. |
31 | (2) The department of health or the department of business regulation shall grant a |
32 | compassion center's renewal application within thirty (30) days of its submission if the following |
33 | conditions are all satisfied: |
34 | (i) The compassion center submits the materials required under subsections (c)(4) and |
| LC004615 - Page 17 of 31 |
1 | (c)(5) of this section, including a five-hundred-thousand-dollar ($500,000) fee; |
2 | (ii) The compassion center's license has never been suspended for violations of this chapter |
3 | or regulations issued pursuant to this chapter; and |
4 | (iii) The department of business regulation finds that the compassion center is adequately |
5 | providing patients with access to medical marijuana at reasonable rates. |
6 | (3) If the department of health or the department of business regulation determines that any |
7 | of the conditions listed in subsections (d)(2)(i) -- (iii) of this section have not been met, the |
8 | department may begin an open application process for the operation of a compassion center. In |
9 | granting a new license, the department of health or the department of business regulation shall |
10 | consider factors listed in subsection (c)(3) of this section. |
11 | (4) The department of business regulation shall issue a compassion center one or more |
12 | thirty-day (30) temporary licenses after that compassion center's license would otherwise expire if |
13 | the following conditions are all satisfied: |
14 | (i) The compassion center previously applied for a renewal, but the department had not yet |
15 | come to a decision; |
16 | (ii) The compassion center requested a temporary license; and |
17 | (iii) The compassion center has not had its license suspended or revoked due to violations |
18 | of this chapter or regulations issued pursuant to this chapter. |
19 | (5) A compassion center's license shall be denied, suspended, or subject to revocation if |
20 | the compassion center: |
21 | (i) Possesses an amount of marijuana exceeding the limits established by this chapter; |
22 | (ii) Is in violation of the laws of this state; |
23 | (iii) Is in violation of other departmental regulations; |
24 | (iv) Employs or enters into a business relationship with a medical practitioner who provides |
25 | written certification of a qualifying patient's medical condition; or |
26 | (v) If any compassion center owner, member, officer, director, manager, investor, agent, |
27 | or key person as defined in regulations promulgated by the department of business regulation, has |
28 | any interest, direct or indirect, in another compassion center or another licensed cultivator, except |
29 | as permitted in subsection (b)(10) of this section. Prohibited interests shall also include interests |
30 | arising pursuant to the use of shared management companies, management agreements, or other |
31 | agreements that afford third-party management or operational control, or other familial or business |
32 | relationships between compassion center or cultivator owners, members, officers, directors, |
33 | managers, investors, agents, or key persons that effect dual license interests as determined by the |
34 | department of business regulation. |
| LC004615 - Page 18 of 31 |
1 | (e) Inspection. Compassion centers are subject to reasonable inspection by the department |
2 | of health, division of facilities regulation, and the department of business regulation. During an |
3 | inspection, the departments may review the compassion center's confidential records, including its |
4 | dispensing records, which shall track transactions according to qualifying patients' registry |
5 | identification numbers to protect their confidentiality. |
6 | (f) Compassion center requirements: |
7 | (1) A compassion center shall be operated on a not-for-profit basis for the mutual benefit |
8 | of its patients. A compassion center need not be recognized as a tax-exempt organization by the |
9 | Internal Revenue Service. A compassion center shall be subject to regulations promulgated by the |
10 | department of business regulation for general operations and record keeping, which shall include, |
11 | but not be limited to: |
12 | (i) Minimum security and surveillance requirements; |
13 | (ii) Minimum requirements for workplace safety and sanitation; |
14 | (iii) Minimum requirements for product safety and testing; |
15 | (iv) Minimum requirements for inventory tracking and monitoring; |
16 | (v) Minimum requirements for the secure transport and transfer of medical marijuana; |
17 | (vi) Minimum requirements to address odor mitigation; |
18 | (vii) Minimum requirements for product packaging and labeling; |
19 | (viii) Minimum requirements and prohibitions for advertising; |
20 | (ix) Minimum requirements for the testing and destruction of marijuana. Wherever |
21 | destruction of medical marijuana and medical marijuana product is required to bring a person or |
22 | entity into compliance with any provision of this chapter, any rule or regulation promulgated |
23 | thereunder, or any administrative order issued in accordance therewith, the director of the |
24 | department of business regulation may designate his or her employees or agents to facilitate the |
25 | destruction; |
26 | (x) A requirement that if a compassion center violates this chapter, or any regulation |
27 | thereunder, and the department of business regulation determines that violation does not pose an |
28 | immediate threat to public health or public safety, the compassion center shall pay to the department |
29 | of business regulation a fine of no less than five-hundred dollars ($500); and |
30 | (xi) A requirement that if a compassion center violates this chapter, or any regulation |
31 | promulgated hereunder, and the department of business regulation determines that the violation |
32 | poses an immediate threat to public health or public safety, the compassion center shall pay to the |
33 | department of business regulation a fine of no less than two thousand dollars ($2,000) and the |
34 | department shall be entitled to pursue any other enforcement action provided for under this chapter |
| LC004615 - Page 19 of 31 |
1 | and the regulations. |
2 | (2) A compassion center may not be located within one thousand feet (1,000') of the |
3 | property line of a preexisting public or private school. |
4 | (3) On or before December 31, 2016, a compassion center shall notify the department of |
5 | health within ten (10) days of when a principal officer, board member, agent, volunteer, or |
6 | employee ceases to work at the compassion center. On or after January 1, 2017, a compassion |
7 | center shall notify the department of business regulation within ten (10) days of when a principal |
8 | officer, board member, agent, volunteer, or employee ceases to work at the compassion center. His |
9 | or her card shall be deemed null and void and the person shall be liable for any penalties that may |
10 | apply to any nonmedical possession or use of marijuana by the person. |
11 | (4)(i) On or before December 31, 2016, a compassion center shall notify the department of |
12 | health in writing of the name, address, and date of birth of any new principal officer, board member, |
13 | agent, volunteer, or employee and shall submit a fee in an amount established by the department |
14 | for a new registry identification card before that person begins his or her relationship with the |
15 | compassion center; |
16 | (ii) On or after January 1, 2017, a compassion center shall notify the department of business |
17 | regulation, in writing, of the name, address, and date of birth of any new principal officer, board |
18 | member, agent, volunteer, or employee and shall submit a fee in an amount established by the |
19 | department of business regulation for a new registry identification card before that person begins |
20 | his or her relationship with the compassion center; |
21 | (5) A compassion center shall implement appropriate security measures to deter and |
22 | prevent the unauthorized entrance into areas containing marijuana and the theft of marijuana and |
23 | shall ensure that each location has an operational security alarm system. Each compassion center |
24 | shall request that the department of public safety division of state police visit the compassion center |
25 | to inspect the security of the facility and make any recommendations regarding the security of the |
26 | facility and its personnel within ten (10) days prior to the initial opening of each compassion center. |
27 | The recommendations shall not be binding upon any compassion center, nor shall the lack of |
28 | implementation of the recommendations delay or prevent the opening or operation of any center. |
29 | If the department of public safety division of state police does not inspect the compassion center |
30 | within the ten-day (10) period, there shall be no delay in the compassion center's opening. |
31 | (6) The operating documents of a compassion center shall include procedures for the |
32 | oversight of the compassion center and procedures to ensure accurate record keeping. |
33 | (7) A compassion center is prohibited from acquiring, possessing, cultivating, |
34 | manufacturing, delivering, transferring, transporting, supplying, or dispensing marijuana for any |
| LC004615 - Page 20 of 31 |
1 | purpose except to assist patient cardholders with the medical use of marijuana directly or through |
2 | the qualifying patient's primary caregiver or authorized purchaser. |
3 | (8) All principal officers and board members of a compassion center must be residents of |
4 | the state of Rhode Island. |
5 | (9) Each time a new, registered, qualifying patient visits a compassion center, it shall |
6 | provide the patient with a frequently-asked-questions sheet, designed by the department, that |
7 | explains the limitations on the right to use medical marijuana under state law. |
8 | (10) Effective July 1, 2017, each compassion center shall be subject to any regulations |
9 | promulgated by the departments of health and business regulation that specify how marijuana must |
10 | be tested for items, included but not limited to, cannabinoid profile and contaminants. |
11 | (11) Effective January 1, 2017, each compassion center shall be subject to any product |
12 | labeling requirements promulgated by the department of business regulation. |
13 | (12) Each compassion center shall develop, implement, and maintain on the premises |
14 | employee, volunteer, and agent policies and procedures to address the following requirements: |
15 | (i) A job description or employment contract developed for all employees and agents, and |
16 | a volunteer agreement for all volunteers, that includes duties, authority, responsibilities, |
17 | qualifications, and supervision; and |
18 | (ii) Training in, and adherence to, state confidentiality laws. |
19 | (13) Each compassion center shall maintain a personnel record for each employee, agent, |
20 | and volunteer that includes an application and a record of any disciplinary action taken. |
21 | (14) Each compassion center shall develop, implement, and maintain on the premises an |
22 | on-site training curriculum, or enter into contractual relationships with outside resources capable |
23 | of meeting employee training needs, that includes, but is not limited to, the following topics: |
24 | (i) Professional conduct, ethics, and patient confidentiality; and |
25 | (ii) Informational developments in the field of medical use of marijuana. |
26 | (15) Each compassion center entity shall provide each employee, agent, and volunteer, at |
27 | the time of his or her initial appointment, training in the following: |
28 | (i) The proper use of security measures and controls that have been adopted; and |
29 | (ii) Specific procedural instructions on how to respond to an emergency, including robbery |
30 | or violent accident. |
31 | (16) All compassion centers shall prepare training documentation for each employee and |
32 | volunteer and have employees and volunteers sign a statement indicating the date, time, and place |
33 | the employee and volunteer received the training and topics discussed, to include name and title of |
34 | presenters. The compassion center shall maintain documentation of an employee's and a volunteer's |
| LC004615 - Page 21 of 31 |
1 | training for a period of at least six (6) months after termination of an employee's employment or |
2 | the volunteer's volunteering. |
3 | (g) Maximum amount of usable marijuana to be dispensed: |
4 | (1) A compassion center or principal officer, board member, agent, volunteer, or employee |
5 | of a compassion center may not dispense more than two and one-half ounces (2.5 oz.) of usable |
6 | marijuana, or its equivalent, to a qualifying patient directly or through a qualifying patient's primary |
7 | caregiver or authorized purchaser during a fifteen-day (15) period. |
8 | (2) A compassion center or principal officer, board member, agent, volunteer, or employee |
9 | of a compassion center may not dispense an amount of usable marijuana, or its equivalent, to a |
10 | patient cardholder, qualifying patient, a qualifying patient's primary caregiver, or a qualifying |
11 | patient's authorized purchaser that the compassion center, principal officer, board member, agent, |
12 | volunteer, or employee knows would cause the recipient to possess more marijuana than is |
13 | permitted under the Edward O. Hawkins and Thomas C. Slater medical marijuana act. |
14 | (3) Compassion centers shall utilize a database administered by the departments of health |
15 | and business regulation. The database shall contain all compassion centers' transactions according |
16 | to qualifying patients', authorized purchasers', and primary caregivers' registry identification |
17 | numbers to protect the confidentiality of patient personal and medical information. Compassion |
18 | centers will not have access to any applications or supporting information submitted by qualifying |
19 | patients, authorized purchasers or primary caregivers. Before dispensing marijuana to any patient |
20 | or authorized purchaser, the compassion center must utilize the database to ensure that a qualifying |
21 | patient is not dispensed more than two and one-half ounces (2.5 oz.) of usable marijuana or its |
22 | equivalent directly or through the qualifying patient's primary caregiver or authorized purchaser |
23 | during a fifteen-day (15) period. |
24 | (h) Immunity: |
25 | (1) No licensed compassion center shall be subject to prosecution; search, except by the |
26 | departments pursuant to subsection (e) of this section; seizure; or penalty in any manner, or denied |
27 | any right or privilege, including, but not limited to, civil penalty or disciplinary action by a business, |
28 | occupational, or professional licensing board or entity, solely for acting in accordance with this |
29 | section to assist registered qualifying patients. |
30 | (2) No licensed compassion center shall be subject to prosecution, seizure, or penalty in |
31 | any manner, or denied any right or privilege, including, but not limited to, civil penalty or |
32 | disciplinary action, by a business, occupational, or professional licensing board or entity, for |
33 | selling, giving, or distributing marijuana in whatever form, and within the limits established by, the |
34 | department of health or the department of business regulation to another registered compassion |
| LC004615 - Page 22 of 31 |
1 | center. |
2 | (3) No principal officers, board members, agents, volunteers, or employees of a registered |
3 | compassion center shall be subject to arrest, prosecution, search, seizure, or penalty in any manner, |
4 | or denied any right or privilege, including, but not limited to, civil penalty or disciplinary action by |
5 | a business, occupational, or professional licensing board or entity, solely for working for or with a |
6 | compassion center to engage in acts permitted by this section. |
7 | (4) No state employee shall be subject to arrest, prosecution or penalty in any manner, or |
8 | denied any right or privilege, including, but not limited to, civil penalty, disciplinary action, |
9 | termination, or loss of employee or pension benefits, for any and all conduct that occurs within the |
10 | scope of his or her employment regarding the administration, execution and/or enforcement of this |
11 | act, and the provisions of §§ 9-31-8 and 9-31-9 shall be applicable to this section. |
12 | (i) Prohibitions: |
13 | (1) A compassion center must limit its inventory of seedlings, plants, and marijuana to |
14 | reflect the projected needs of qualifying patients; |
15 | (2) A compassion center may not dispense, deliver, or otherwise transfer marijuana to a |
16 | person other than a patient cardholder or to a qualified patient's primary caregiver or authorized |
17 | purchaser; |
18 | (3) A compassion center may not procure, purchase, transfer, or sell marijuana to or from |
19 | any entity other than a marijuana establishment licensee in accordance with the provisions of this |
20 | chapter; |
21 | (4) A person found to have violated subsection (h)(2) or (h)(3) of this section may not be |
22 | an employee, agent, volunteer, principal officer, or board member of any compassion center; |
23 | (5) An employee, agent, volunteer, principal officer or board member of any compassion |
24 | center found in violation of subsection (h)(2) or (h)(3) of this section shall have his or her registry |
25 | identification revoked immediately.; and |
26 | (6) No person who has been convicted of a felony drug offense or has entered a plea of |
27 | nolo contendere for a felony drug offense with a sentence of probation may be the principal officer, |
28 | board member, or agent of a compassion center unless the department has determined that the |
29 | person's conviction was for the medical use of marijuana or assisting with the medical use of |
30 | marijuana in accordance with the terms and conditions of this chapter. A person who is employed |
31 | by or is an agent, volunteer, principal officer, or board member of a compassion center in violation |
32 | of this section is guilty of a civil violation punishable by a fine of up to one thousand dollars |
33 | ($1,000). A subsequent violation of this section is a misdemeanor. |
34 | (j) Legislative oversight committee: |
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1 | (1) The general assembly shall appoint a nine-member (9) oversight committee comprised |
2 | of: one member of the house of representatives; one member of the senate; one physician to be |
3 | selected from a list provided by the Rhode Island medical society; one nurse to be selected from a |
4 | list provided by the Rhode Island state nurses association; two (2) registered qualifying patients; |
5 | one registered primary caregiver; one patient advocate to be selected from a list provided by the |
6 | Rhode Island patient advocacy coalition; and the superintendent of the department of public safety, |
7 | or his/her designee. |
8 | (2) The oversight committee shall meet at least six (6) times per year for the purpose of |
9 | evaluating and making recommendations to the general assembly regarding: |
10 | (i) Patients' access to medical marijuana; |
11 | (ii) Efficacy of compassion centers; |
12 | (iii) Physician participation in the Medical Marijuana Program; |
13 | (iv) The definition of qualifying medical condition; and |
14 | (v) Research studies regarding health effects of medical marijuana for patients. |
15 | (3) On or before January 1 of every even numbered year, the oversight committee shall |
16 | report to the general assembly on its findings. |
17 | (k) License required. No person or entity shall engage in activities described in this section |
18 | without a compassion center license issued by the department of business regulation. |
19 | (l) Hardship registration discount program. Compassion centers shall discount the price of |
20 | medical marijuana and medical marijuana products by thirty percent (30%), prior to imposition of |
21 | any state sales tax, for any purchase made by a registered patient cardholder who the department |
22 | of health has determined is eligible for a hardship registration pursuant to § 21-28.6-5(d). |
23 | (m) Establishing cannabis testing laboratory. On or before October 1, 2020, the department |
24 | of health shall establish and/or license a cannabis testing laboratory which shall be monitored by |
25 | the department of health, for the purpose of testing cannabis cultivated by compassion centers. |
26 | (n) Mandatory third-party laboratory testing for medical marijuana. On or after October 1, |
27 | 2020, compassion centers shall not sell any medical marijuana or medical marijuana products if it |
28 | has not undergone testing by a cannabis testing laboratory, unless the department of health has not |
29 | yet issued a license to a cannabis testing laboratory. If a cannabis testing laboratory has not been |
30 | established or a license has not been issued by the department of health on or after October 1, 2020, |
31 | a registered patient cardholder may file an action in the superior court against the department of |
32 | health to secure a court order compelling the department to establish a cannabis testing laboratory |
33 | or issue a license to such a laboratory. |
34 | SECTION 2. Section 21-28.6-15 of the General Laws in Chapter 21-28.6 entitled "The |
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1 | Edward O. Hawkins and Thomas C. Slater Medical Marijuana Act" is hereby repealed. |
2 | 21-28.6-15. Medical marijuana plant tags. |
3 | (a) Effective January 1, 2017, the department of business regulation shall make medical |
4 | marijuana tag sets available for purchase. Effective April 1, 2017, every marijuana plant, either |
5 | mature or immature, grown by a registered patient or primary caregiver, must be accompanied by |
6 | a physical medical marijuana tag purchased through the department of business regulation and |
7 | issued by the department of business regulation to qualifying patients and primary caregivers. |
8 | (1) The department of business regulation shall charge an annual fee for each medical |
9 | marijuana tag set that shall include one tag for a mature medical marijuana plant and one tag for an |
10 | immature plant. If the required fee has not been paid, those medical marijuana tags shall be |
11 | considered expired and invalid. The fee established by the department of business regulation shall |
12 | be in accordance with the following requirements: |
13 | (i) For patient cardholders authorized to grow medical marijuana by the department of |
14 | business regulation, the fee per tag set shall not exceed twenty-five dollars ($25); |
15 | (ii) For primary caregivers, the fee per tag set shall not exceed twenty-five dollars ($25); |
16 | (iii) For patients who qualify for reduced registration due to income or disability status, |
17 | there shall be no fee per tag set; |
18 | (iv) For caregivers who provide care for a patient cardholder who qualifies for reduced- |
19 | registration due to income or disability status, there shall be no fee per tag set for the qualifying |
20 | patient; and |
21 | (v) For licensed medical marijuana cultivators, the fee per tag set shall be established in |
22 | regulations promulgated by the department of business regulation. |
23 | (2) Effective January 1, 2017, the department of business regulation shall verify with the |
24 | department of health that all medical marijuana tag purchases are made by qualifying patient |
25 | cardholders or primary caregiver cardholders. The department of health shall provide this |
26 | verification according to qualifying patients' and primary caregivers' registry identification |
27 | numbers and without providing access to any applications or supporting information submitted by |
28 | qualifying patients to protect patient confidentiality. |
29 | (3) Effective January 1, 2019, and thereafter, the department of business regulation shall |
30 | verify with the department of health that all medical marijuana tag purchases are made by registered |
31 | patient cardholders, who have notified the department of health of their election to grow medical |
32 | marijuana, or primary caregiver cardholders. The department of health shall provide this |
33 | verification according to qualifying patients' and primary caregivers' registry identification |
34 | numbers and without providing access to any applications or supporting information submitted by |
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1 | qualifying patients to protect patient confidentiality. |
2 | (4) The department of business regulation shall maintain information pertaining to medical |
3 | marijuana tags. |
4 | (5) All primary caregivers shall purchase at least one medical marijuana tag set for each |
5 | patient under their care and all patients growing medical marijuana for themselves shall purchase |
6 | at least one medical marijuana tag set. |
7 | (6) All licensed medical marijuana cultivators shall purchase at least one medical marijuana |
8 | tag set or utilize a seed-to-sale tracking system. |
9 | (7) The department of business regulation shall promulgate regulations to establish a |
10 | process by which medical marijuana tags may be returned. The department of business regulation |
11 | may choose to reimburse a portion or the entire amount of any fees paid for medical marijuana tags |
12 | that are subsequently returned. |
13 | (b) Enforcement: |
14 | (1) If a patient cardholder, primary caregiver cardholder, licensed compassion center, or |
15 | licensed medical marijuana cultivator violates any provision of this chapter or the regulations |
16 | promulgated hereunder as determined by the departments of business regulation or health, his or |
17 | her medical marijuana tags may be revoked. In addition, the department that issued the cardholder's |
18 | registration or the license may revoke the cardholder's registration or license. |
19 | (2) The department of business regulation may revoke and not reissue, pursuant to |
20 | regulations, medical marijuana tags to any cardholder or licensee who is convicted of; placed on |
21 | probation; whose case is filed pursuant to § 12-10-12 where the defendant pleads nolo contendere; |
22 | or whose case is deferred pursuant to § 12-19-19 where the defendant pleads nolo contendere for |
23 | any felony offense under chapter 28 of this title ("Rhode Island controlled substances act") or a |
24 | similar offense from any other jurisdiction. |
25 | (3) If a patient cardholder, primary caregiver cardholder, licensed cooperative cultivation, |
26 | compassion center, licensed medical marijuana cultivator, or any other person or entity is found to |
27 | have marijuana plants, or marijuana material without valid medical marijuana tags sets or which |
28 | are not tracked in accordance with regulation, the department of business regulation shall impose |
29 | an administrative penalty in accordance with regulations promulgated by the department on the |
30 | patient cardholder, primary caregiver cardholder, licensed cooperative cultivation, compassion |
31 | center, licensed medical marijuana cultivator, or other person or entity for each untagged marijuana |
32 | plant or unit of untracked marijuana material. |
33 | (4) [Deleted by P.L. 2019, ch. 88, art. 15, § 5]. |
34 | SECTION 3. Chapter 44-67 of the General Laws entitled "The Compassion Center |
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1 | Surcharge Act" is hereby repealed in its entirety. |
2 | CHAPTER 44-67 |
3 | The Compassion Center Surcharge Act |
4 | 44-67-1. Short title. |
5 | This chapter shall be known as "The Compassion Center Surcharge Act." |
6 | 44-67-2. Definitions. |
7 | For purposes of this chapter: |
8 | (1) "Administrator" means the tax administrator within the department of revenue. |
9 | (2) "Compassion center" means a not-for-profit entity registered under § 21-28.6-12 that |
10 | acquires, possesses, cultivates, manufactures, delivers, transfers, transports, supplies or dispenses |
11 | marijuana, or related supplies and educational materials, to registered qualifying patients and their |
12 | registered primary caregivers who have designated it as one of their primary caregivers. |
13 | (3) "Net patient revenue" means the gross amount received on a cash basis by a compassion |
14 | center net of returns and allowances. |
15 | (4) "Practitioner" means a person who is licensed with authority to prescribe drugs pursuant |
16 | to chapter 37 of title 5 or a physician licensed with authority to prescribe drugs in Massachusetts |
17 | or Connecticut. |
18 | (5) "Primary caregiver" means either a natural person who is at least twenty-one (21) years |
19 | old or a compassion center. Unless the primary caregiver is a compassion center, a natural primary |
20 | caregiver may assist no more than five (5) qualifying patients with their medical use of marijuana. |
21 | (6) "Qualifying patient" means a person who has been diagnosed by a practitioner as having |
22 | a debilitating medical condition and is a resident of Rhode Island. |
23 | (7) "Surcharge" means the assessment that is imposed upon net patient revenue pursuant |
24 | to this chapter. |
25 | (8) Any term not defined in this chapter shall have the same meaning as used in chapter |
26 | 28.6 of title 21. |
27 | 44-67-3. Imposition of surcharge -- Compassion centers. |
28 | A surcharge at a rate of four percent (4.0%) shall be imposed upon the net patient revenue |
29 | received each month by every compassion center. Every compassion center shall pay the monthly |
30 | surcharge to the tax administrator no later than the twentieth (20th) day of the month following the |
31 | month that the net patient revenue was received. This surcharge shall be in addition to any other |
32 | authorized fees that have been assessed upon a compassion center. |
33 | 44-67-4. Returns. |
34 | (a) Every compassion center shall, on or before the twentieth (20th) day of the month |
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1 | following the month that the net patient revenue was received, make a return to the tax |
2 | administrator. |
3 | (b) Compassion centers shall file their returns on a form as prescribed by the tax |
4 | administrator containing data for the computation of net patient revenue and the surcharge. If a |
5 | return shows an overpayment of a surcharge, the tax administrator shall refund or credit the |
6 | overpayment to the compassion center. |
7 | (c) The tax administrator, for good cause shown, may extend the time within which a |
8 | compassion center is required to file a return. If the return is filed during the period of extension, |
9 | no penalty or late filing charge may be imposed for failure to file the return at the time required by |
10 | this chapter, but the compassion center shall be liable for any interest as prescribed in this chapter. |
11 | Failure to file the return during the period for the extension shall make the extension null and void |
12 | and an appropriate penalty or late filing charge shall be imposed. |
13 | 44-67-5. Setoff for delinquent payment of surcharge. |
14 | If a compassion center fails to pay a surcharge, penalty or late filing charge within thirty |
15 | (30) days of its due date, the tax administrator may request any agency of state government to setoff |
16 | the amount of the delinquency against any payment due the compassion center from the agency |
17 | and to remit to the tax administrator the amount of the surcharge, penalty and/or late filing charge |
18 | from any such payment owed the compassion center. Upon receipt of a request for setoff from the |
19 | tax administrator, any agency of state government is authorized and empowered to setoff the |
20 | amount of any delinquency against any payment due the compassion center. The amount of setoff |
21 | shall be credited against the surcharge, penalty and/or late filing charge due from the compassion |
22 | center. |
23 | 44-67-6. Surcharge on available information -- Interest on delinquencies -- Penalties |
24 | -- Collection powers. |
25 | If any compassion center fails, within the time required by this chapter, to file a return, or |
26 | files an insufficient or incorrect return, or does not pay the surcharge imposed by this chapter when |
27 | it is due, the tax administrator shall make an assessment based upon available information, which |
28 | assessment shall be payable upon demand and shall bear interest from the date when the surcharge |
29 | should have been paid at the annual rate set forth in § 44-1-7. If any part of the surcharge is caused |
30 | by the negligence or intentional disregard of the provisions of this chapter, a penalty of ten percent |
31 | (10%) of the amount of the determination shall be added to the surcharge. The tax administrator |
32 | shall collect the surcharge with interest, penalty and/or late filing charge in the same manner and |
33 | with the same powers as prescribed for collection of taxes in this title. |
34 | 44-67-7. Claims for refund -- Hearing upon denial. |
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1 | (a) A claim for refund of an overpayment of a surcharge may be filed by a compassion |
2 | center with the tax administrator at any time within two (2) years after the surcharge has been paid. |
3 | If the tax administrator determines that a surcharge has been overpaid, the tax administrator shall |
4 | make a refund with interest from the date of overpayment at the rate provided in § 44-1-7.1. |
5 | (b) Any compassion center aggrieved by an action of the tax administrator in determining |
6 | the amount of any surcharge or penalty imposed under the provisions of this chapter may, within |
7 | thirty (30) days after the notice of the action was mailed, apply to the tax administrator, for a hearing |
8 | relative to the surcharge or penalty. The tax administrator shall fix a time and place for the hearing |
9 | and shall so notify the compassion center. |
10 | 44-67-8. Hearing by tax administrator on application. |
11 | Following the hearing, if the tax administrator upholds the amount of the surcharge |
12 | assessed, the amount owed shall be assessed together with any penalty and/or interest thereon. |
13 | 44-67-9. Appeals. |
14 | Appeals from administrative orders or decisions made pursuant to any provisions of this |
15 | chapter shall be to the sixth (6th) division district court pursuant to chapter 8 of title 8. The |
16 | compassion center's right to appeal under this section shall be conditional upon prepayment of all |
17 | surcharges, interest, and penalties, unless the compassion center moves for and is granted an |
18 | exemption from the prepayment requirement, pursuant to § 8-8-26. Following the appeal, if the |
19 | court determines that the compassion center is entitled to a refund, the compassion center shall be |
20 | paid interest on the refund at the rate provided in § 44-1-7.1. |
21 | 44-67-10. Compassion center records. |
22 | Every compassion center shall: |
23 | (1) Keep records as may be necessary to determine the amount of its liability under this |
24 | chapter; |
25 | (2) Preserve those records for the period of three (3) years following the date of filing of |
26 | any return required by this chapter, or until any litigation or prosecution under this chapter has been |
27 | completed; and |
28 | (3) Make those records available for inspection upon demand by the tax administrator or |
29 | his/her authorized agents at reasonable times during regular business hours. |
30 | 44-67-11. Method of payment and deposit of surcharge. |
31 | (a) Payments required by this chapter shall be made by electronic transfer of monies to the |
32 | general treasurer for deposit in the general fund. |
33 | (b) The general treasurer is authorized to establish necessary accounts and to take all steps |
34 | necessary to facilitate the electronic transfer of monies. Upon request of the tax administrator the |
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1 | general treasurer shall provide the tax administrator a record of any such monies transferred and |
2 | deposited. |
3 | 44-67-12. Rules and regulations. |
4 | The tax administrator is authorized to promulgate rules and regulations to carry out the |
5 | provisions, policies, and purposes of this chapter including, but not limited to, emergency rules and |
6 | regulations pursuant to subsection 42-35-3(b). |
7 | 44-67-13. Severability. |
8 | If any provision of this chapter or the application of this chapter to any person or |
9 | circumstances is held invalid, that invalidity shall not affect other provisions or applications of the |
10 | chapter that can be given effect without the invalid provision or application, and to this end the |
11 | provisions of this chapter are declared to be severable. |
12 | SECTION 4. 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 -- THE EDWARD O. HAWKINS AND THOMAS C. | |
SLATER MEDICAL MARIJUANA ACT | |
*** | |
1 | This act would direct the department of health to create a hardship designation for patients |
2 | receiving SSI, SSDI or Medicaid, would task the department of business regulation to establish a |
3 | discount medicine program, eliminates the plant tagging system to tax plants, removes the |
4 | numerical limit on the number of compassion center licenses, changes the definition of debilitating |
5 | medical condition, adds nurse practitioners to the definition of practitioner, reduces the compassion |
6 | center license to five thousand dollars ($5000), removes ownership discrimination based on |
7 | criminal convictions and allows patients who cultivate their own marijuana to possess up to sixteen |
8 | ounces (16 oz.). It would also require the department of health to establish or license a cannabis |
9 | testing laboratory. |
10 | This act would take effect upon passage. |
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