Chapter 016
2009 -- H 5359 SUBSTITUTE A
Enacted 06/16/09
A N A C T
RELATING TO FOOD
AND DRUGS -- THE EDWARD O. HAWKINS AND THOMAS C. SLATER MEDICAL MARIJUANA ACT
Introduced By: Representatives Slater, Diaz, Williams, Williamson, and Almeida
Date Introduced: February 10, 2009
It is enacted by the
General Assembly as follows:
SECTION 1. Sections 21-28.6-3, 21-28.6-4, 21-28.6-6 and
21-28.6-7 of the General
Laws in Chapter 21-28.6
entitled "The Edward O. Hawkins and Thomas C. Slater Medical
Marijuana Act" are hereby amended to read as follows:
21-28.6-3.
Definitions. -- The For
the purposes of this chapter:
(1)
"Cardholder" means a qualifying patient, a primary caregiver, or a
principal officer,
board member, employee, volunteer, or agent of a compassion
center who has been issued and
possesses a valid registry identification card.
(2) "Compassion
center" means a not-for-profit entity registered under section 21-28.6-12
that acquires, possesses, cultivates, manufactures,
delivers, transfers, transports, supplies or
dispenses marijuana, or related supplies and educational
materials, to registered qualifying
patients and their registered primary caregivers who have
designated it as one of their primary
caregivers.
(1) (3)
"Debilitating medical condition" means:
(i)
Cancer, glaucoma, positive status for human immunodeficiency virus, acquired
immune deficiency syndrome, Hepatitis C, or the treatment of
these conditions;
(ii) A chronic or
debilitating disease or medical condition or its treatment that produces
one or more of the following: cachexia
or wasting syndrome; severe, debilitating, chronic pain;
severe nausea; seizures, including but not limited to, those
characteristic of epilepsy; or severe
and persistent muscle spasms, including but not limited
to, those characteristic of multiple
sclerosis or Crohn's disease; or
agitation of Alzheimer's Disease; or
(iii) Any other medical
condition or its treatment approved by the department, as
provided for in section 21-28.6-5.
(2) (4)
"Department" means the
agency.
(3) (5)
"Marijuana" has the meaning given that term in section
21-28-1.02(26).
(6) "Mature
marijuana plant" means a marijuana plant which has flowers or buds that
are readily observable by an unaided visual examination.
(4) (7)
"Medical use" means the acquisition, possession, cultivation,
manufacture, use,
delivery, transfer, or transportation of marijuana or
paraphernalia relating to the consumption of
marijuana to alleviate a registered qualifying patient's
debilitating medical condition or symptoms
associated with the medical condition.
(5) (8)
"Practitioner" means a person who is licensed with authority to
prescribe drugs
pursuant to chapter 37 of title 5 or a physician licensed
with authority to prescribe drugs in
(6) (9)
"Primary caregiver" means either a natural person who
is at least twenty-one (21)
years old or a compassion center. and
who has agreed to assist with a person's medical use of
marijuana and who doesn't have a felony drug conviction. A primary
caregiver Unless
the
primary caregiver is a compassion center, a natural primary
caregiver may assist no more than
five (5) qualifying patients with their medical use of
marijuana.
(7) (10)
"Qualifying patient" means a person who has been diagnosed by a physician
practitioner as having a debilitating medical condition and is a
resident of
(8) (11)
"Registry identification card" means a document issued by the
department that
identifies a person as a registered qualifying patient,
or a registered primary caregiver, or a
registered principal officer, board member, employee, volunteer,
or agent of a compassion center.
(12) "Unusable
marijuana" means marijuana seeds, stalks, seedlings, and unusable roots.
"Seedling" means a marijuana plant with no
observable flowers or buds.
(9) (13)
"Usable marijuana" means the dried leaves and flowers of the
marijuana plant,
and any mixture or preparation thereof, but does not
include the seeds, stalks, and roots of the
plant.
(10) (14)
"Written certification" means the qualifying patient's medical
records, and a
statement signed by a practitioner, stating that in the
practitioner's professional opinion the
potential benefits of the medical use of marijuana would likely
outweigh the health risks for the
qualifying patient. A written certification shall be made only
in the course of a bona fide
practitioner-patient relationship after the practitioner has completed a
full assessment of the
qualifying patient's medical history. The written certification
shall specify the qualifying patient's
debilitating medical condition or conditions.
21-28.6-4.
Protections for the medical use of marijuana. --
(a) A qualifying patient
who has in his or her possession a registry
identification card shall not be subject to arrest,
prosecution, or penalty in any manner, or denied any right or
privilege, including but not limited
to, civil penalty or disciplinary action by a business
or occupational or professional licensing
board or bureau, for the medical use of marijuana;
provided, that the qualifying patient possesses
an amount of marijuana that does not exceed twelve (12) mature
marijuana plants and two and
one-half (2.5) ounces of usable marijuana. Said plants shall
be stored in an indoor facility.
(b) No school, employer
or landlord may refuse to enroll, employ or lease to or
otherwise penalize a person solely for his or her status as a registered
qualifying patient or a
registered primary caregiver cardholder.
(c) A primary
caregiver, who has in his or her possession, a registry identification card
shall not be subject to arrest, prosecution, or penalty in
any manner, or denied any right or
privilege, including but not limited to, civil penalty or
disciplinary action by a business or
occupational or professional licensing board or bureau, for
assisting a qualifying patient to whom
he or she is connected through the department's
registration process with the medical use of
marijuana; provided, that the primary caregiver possesses an
amount of marijuana which does not
exceed twelve (12) mature marijuana plants and two
and one-half (2.5) ounces of usable
marijuana for each qualifying patient to whom he or she is
connected through the department's
registration process.
(d) Registered
primary caregivers and registered qualifying patients shall be allowed to
possess a reasonable amount of unusable marijuana, including
up to twelve (12) seedlings, which
shall not be counted toward the limits in this section.
(d)(e)
There shall exist a presumption that a qualifying
patient or primary caregiver is
engaged in the medical use of marijuana if the qualifying
patient or primary caregiver:
(1) Is in possession of
a registry identification card; and
(2) Is in possession of
an amount of marijuana that does not exceed the amount permitted
under this chapter. Such presumption may be rebutted by
evidence that conduct related to
marijuana was not for the purpose of alleviating the qualifying
patient's debilitating medical
condition or symptoms associated with the medical condition.
(e)(f) A
primary caregiver may receive reimbursement for costs associated with assisting
a registered qualifying patient's medical use of marijuana.
Compensation shall not constitute sale
of controlled substances.
(f)(g) A
practitioner shall not be subject to arrest, prosecution, or penalty in any
manner,
or denied any right or privilege, including, but not
limited to, civil penalty or disciplinary action
by the Rhode Island Board of Medical Licensure and
Discipline or by any another business or
occupational or professional licensing board or bureau solely for
providing written certifications
or for otherwise stating that, in the practitioner's
professional opinion, the potential benefits of the
medical marijuana would likely outweigh the health risks for
a patient.
(g)(h)
Any interest in or right to property that is possessed, owned, or used in
connection
with the medical use of marijuana, or acts incidental to
such use, shall not be forfeited.
(h)(i) No person shall be subject to arrest or prosecution
for constructive possession,
conspiracy, aiding and abetting, being an accessory, or any
other offense for simply being in the
presence or vicinity of the medical use of marijuana as
permitted under this chapter or for
assisting a registered qualifying patient with using or
administering marijuana.
(i)(j) A practitioner, nurse,
or pharmacist shall not be subject to arrest, prosecution or
penalty in any manner, or denied any right or privilege,
including, but not limited to, civil penalty
or disciplinary action by a business or occupational or
professional licensing board or bureau
solely for discussing the benefits or health risks of
medical marijuana or its interaction with other
substances with a patient.
(j)(k) A
registry identification card, or its equivalent, issued under the laws of
another
state,
qualifying patient with a debilitating medical condition,
or to permit a person to assist with a
qualifying patient's the
medical use of marijuana by a patient with a debilitating medical
condition, shall have the same force and effect as a registry
identification card issued by the
department.
(k)(l)
Notwithstanding the provisions of subsection 21-28.6-3(6) or subsection
21-28.6-
4(c), no primary caregiver other than a compassion
center shall possess an amount of marijuana
in excess of twenty-four (24) marijuana plants and five
(5) ounces of usable marijuana for
qualifying patients to whom he or she is connected through the
department's registration process.
(m) A registered
qualifying patient or registered primary caregiver may give marijuana to
another registered qualifying patient or registered primary
caregiver to whom they are not
connected by the department's registration process, provided
that no consideration is paid for the
marijuana, and that the recipient does not exceed the limits
specified in section 21-28.6-4.
(n) For the purposes
of medical care, including organ transplants, a registered qualifying
patient's authorized use of marijuana shall be considered the
equivalent of the authorized use of
any other medication used at the direction of a
physician, and shall not constitute the use of an
illicit substance.
21-28.6-6.
Administration of regulations. -- (a) The department shall issue registry
identification cards to qualifying patients who submit the
following, in accordance with the
department's regulations:
(1) Written
certification as defined in section 23-28.6-3(10) 21-28.6-3(14)
of this
chapter;
(2) Application or
renewal fee;
(3) Name, address, and
date of birth of the qualifying patient; provided, however, that if
the patient is homeless, no address is required;
(4) Name, address, and
telephone number of the qualifying patient's practitioner; and
(5) Name, address, and
date of birth of each primary caregiver of the qualifying patient,
if any.
(b) The department
shall not issue a registry identification card to a qualifying patient
under the age of eighteen (18) unless:
(1) The qualifying
patient's practitioner has explained the potential risks and benefits of
the medical use of marijuana to the qualifying patient
and to a parent, guardian or person having
legal custody of the qualifying patient; and
(2) A parent, guardian
or person having legal custody consents in writing to:
(i)
Allow the qualifying patient's medical use of marijuana;
(ii) Serve as one of
the qualifying patient's primary caregivers; and
(iii) Control the
acquisition of the marijuana, the dosage, and the frequency of the
medical use of marijuana by the qualifying patient.
(c) The department
shall verify the information contained in an application or renewal
submitted pursuant to this section, and shall approve or deny
an application or renewal within
fifteen (15) days of receiving it. The department may deny an
application or renewal only if the
applicant did not provide the information required pursuant to
this section, or if the department
determines that the information provided was falsified.
Rejection of an application or renewal is
considered a final department action, subject to judicial
review. Jurisdiction and venue for
judicial review are vested in the superior court.
(d) The department
shall issue a registry identification card to each primary caregiver, if
any, who is named in a qualifying patient's approved
application, up to a maximum of two (2)
primary caregivers per qualifying patient. A person may
not serve as a primary caregiver if he or
she has a felony drug conviction, unless the department
waives this restriction in respect to a
specific individual at the department's discretion.
Additionally, the department shall allow the
person to serve as a primary caregiver if the department
determines that the offense was for
conduct that occurred prior to the enactment of the Edward O.
Hawkins and Thomas C. Slater
Medical Marijuana Act or that was prosecuted by an
authority other than the state of Rhode
Island and for which the Edward O. Hawkins and Thomas
C. Slater Medical Marijuana Act
would otherwise have prevented a conviction.
(e) The department
shall issue registry identification cards within five (5) days of
approving an application or renewal, which shall expire two (2)
years after the date of issuance.
Registry identification cards shall contain:
(1) The date of
issuance and expiration date of the registry identification card;
(2) A random registry
identification number; and
(3) A photograph; and
(4) Any additional
information as required by regulation or the department.
(f) Persons issued
registry identification cards shall be subject to the following:
(1) A qualifying
patient who has been issued a registry identification card shall notify the
department of any change in the qualifying patient's name,
address, or primary caregiver; or if the
qualifying patient ceases to have his or her debilitating
medical condition, within ten (10) days of
such change.
(2) A registered
qualifying patient who fails to notify the department of any of these
changes is responsible for a civil infraction, punishable by
a fine of no more than one hundred
fifty dollars ($150). If the person has ceased to suffer
from a debilitating medical condition, the
card shall be deemed null and void and the person shall be
liable for any other penalties that may
apply to the person's nonmedical use of marijuana.
(3) A registered
primary caregiver, principal officer, board member, employee,
volunteer, or agent of a compassion center shall notify the department of any change in his or
her
name or address within ten (10) days of such change. A
primary caregiver, principal officer,
board member, employee, volunteer, or agent of a compassion
center who fails to notify the
department of any of these changes is responsible for a civil
infraction, punishable by a fine of no
more than one hundred fifty dollars ($150).
(4) When a qualifying
patient or primary caregiver notifies the department of any
changes listed in this subsection, the department shall issue
the registered qualifying patient and
each primary caregiver a new registry identification card
within ten (10) days of receiving the
updated information and a ten dollar ($10.00) fee. When a
principal officer, board member,
employee, volunteer, or agent of a compassion center notifies
the department of any changes
listed in this subsection, the department shall issue the
cardholder a new registry identification
card within ten (10) days of receiving the updated
information and a ten dollar ($10.00) fee.
(5) When a qualifying
patient who possesses a registry identification card changes his or
her primary caregiver, the department shall notify the
primary caregiver within ten (10) days. The
primary caregiver's protections as provided in this chapter as
to that patient shall expire ten (10)
days after notification by the department.
(6) If a registered
qualifying patient or a primary caregiver cardholder loses his or
her
registry identification card, he or she shall notify the
department and submit a ten dollar ($10.00)
fee within ten (10) days of losing the card. Within five
(5) days, the department shall issue a new
registry identification card with new random identification
number.
(7) If a qualifying
patient and/or primary caregiver cardholder willfully violates any
provision of this chapter as determined by the department, his
or her registry identification card
may be revoked.
(g) Possession of, or
application for, a registry identification card shall not constitute
probable cause or reasonable suspicion, nor shall it be used
to support the search of the person or
property of the person possessing or applying for the registry
identification card, or otherwise
subject the person or property of the person to inspection by
any governmental agency.
(h) (1) Applications
and supporting information submitted by qualifying patients,
including information regarding their primary caregivers and
practitioners, are confidential and
protected under the federal Health Insurance Portability and
Accountability Act of 1996.
(2) The department
shall maintain a confidential list of the persons to whom the
department has issued registry identification cards. Individual
names and other identifying
information on the list shall be confidential, exempt from the
provisions of Rhode Island Access
to Public Information, chapter 2 of title 38, and not
subject to disclosure, except to authorized
employees of the department as necessary to perform official
duties of the department.
(i)
The department shall verify to law enforcement personnel whether a registry
identification card is valid solely by confirming the random
registry identification number.
(j) It shall be a
crime, punishable by up to one hundred eighty (180) days in jail and a
one thousand dollar ($1,000) fine, for any person,
including an employee or official of the
department or another state agency or local government, to
breach the confidentiality of
information obtained pursuant to this chapter. Notwithstanding
this provision, the department
employees may notify law enforcement about falsified or fraudulent
information submitted to the
department.
(k) On or before
January 1 of each odd numbered year, the department shall report to the
House Committee on Health, Education and Welfare and
to the Senate Committee on the
Judiciary Health and Human Services on the use of
marijuana for symptom relief. The
report
shall provide:
(1) The number of
applications for registry identification cards, the number of qualifying
patients and primary caregivers approved, the nature of the
debilitating medical conditions of the
qualifying patients, the number of registry identification cards
revoked, and the number of
practitioners providing written certification for qualifying
patients;
(2) An evaluation of
the costs permitting the use of marijuana for symptom relief,
including any costs to law enforcement agencies and costs of
any litigation;
(3) Statistics
regarding the number of marijuana-related prosecutions against registered
patients and caregivers, and an analysis of the facts underlying
those prosecutions;
(4) Statistics
regarding the number of prosecutions against physicians for violations of
this chapter; and
(5) Whether the United
States Food and Drug Administration has altered its position
regarding the use of marijuana for medical purposes or has
approved alternative delivery systems
for marijuana.
(6) The application
for qualifying patients' registry identification card shall include a
question asking whether the patient would like the department
to notify him or her of any clinical
studies about marijuana's risk or efficacy. The department
shall inform those patients who answer
in the affirmative of any such studies it is notified
of, that will be conducted in
department may also notify those patients of medical studies
conducted outside of
21-28.6-7.
Scope of chapter. -- (a) This
chapter shall not permit:
(1) Any person to
undertake any task under the influence of marijuana, when doing so
would constitute negligence or professional malpractice;
(2) The smoking of
marijuana:
(i)
In a school bus or other form of public transportation;
(ii) On any school
grounds;
(iii) In any
correctional facility;
(iv)
In any public place; or
(v) In any licensed
drug treatment facility in this state. ; or
(vi)
Where exposure to the marijuana smoke significantly adversely
affects the health,
safety, or welfare of children.
(3) Any person to
operate, navigate, or be in actual physical control of
any motor
vehicle, aircraft, or motorboat while under the influence of
marijuana. However, a registered
qualifying patient shall not be considered to be under the
influence solely for having marijuana
metabolites in his or her system.
(b) Nothing in this
chapter shall be construed to require:
(1) A government
medical assistance program or private health insurer to reimburse a
person for costs associated with the medical use of
marijuana; or
(2) An employer to
accommodate the medical use of marijuana in any workplace.
(c) Fraudulent
representation to a law enforcement official of any fact or circumstance
relating to the medical use of marijuana to avoid arrest or
prosecution shall be punishable by a
fine of five hundred dollars ($500) which shall be in
addition to any other penalties that may
apply for making a false statement for the nonmedical use
of marijuana.
SECTION 2. Chapter 21-28.6 of the General Laws entitled
"The Edward O. Hawkins and
Thomas C. Slater Medical
Marijuana Act" is hereby amended by adding thereto the following
sections:
21-28.6-12.
Compassion centers. -- (a) A compassion
center registered under this
section may acquire, possess, cultivate, manufacture,
deliver, transfer, transport, supply, or
dispense marijuana, or related supplies and educational
materials, to registered qualifying patients
and their registered primary caregivers who have
designated it as one of their primary caregivers.
A compassion center is a primary caregiver. Except as
specifically provided to the contrary, all
provisions of the Edward O. Hawkins and Thomas C. Slater Medical
Marijuana Act, sections 21-
28.6-1 – 21-28.6-11, apply to a compassion center
unless they conflict with a provision contained
in section 21-28.6-12.
(b) Registration of
compassion centers--department authority:
(1) Not later than
ninety (90) days after the effective date of this act, the department shall
promulgate regulations governing the manner in which it shall
consider applications for
registration certificates for compassion centers, including
regulations governing:
(i)
The form and content of registration and renewal applications;
(ii) Minimum
oversight requirements for compassion centers;
(iii) Minimum
record-keeping requirements for compassion centers;
(iv)
Minimum security requirements for compassion centers; and
(v)
Procedures for suspending or terminating the registration of compassion centers
that
violate the provisions of this section or the regulations
promulgated pursuant to this subsection.
(2) Within ninety
(90) days of the effective date of this act, the department shall begin
accepting applications for the operation of a single compassion
center.
(3) Within one
hundred fifty (150) days of the effective date of this act, the department
shall provide for at least one public hearing on the
granting of an application to a single
compassion center.
(4) Within one
hundred ninety (190) days of the effective date of this act, the department
shall grant a single registration certificate to a single
compassion center, providing at least one
applicant has applied who meets the requirements of this act.
(5) If at any time
after fifteen (15) months after the effective date of this act, there is no
operational compassion center in
for input from the public, and issue a registration
certificate for a compassion center if a qualified
applicant exists.
(6) Within two (2)
years of the effective date of this act, the department shall begin
accepting applications to provide registration certificates for
two (2) additional compassion
centers. The department shall solicit input from the public,
and issue registration certificates if
qualified applicants exist.
(7) Any time a
compassion center registration certificate is revoked, is relinquished, or
expires, the department shall accept applications for a new
compassion center.
(8) If at any time
after three (3) years after the effective date of this act, fewer than three
(3) compassion centers are
holding valid registration certificates in
department
shall accept applications for a new compassion center. No more than three (3)
compassion centers may hold valid registration certificates at
one time.
(c) Compassion center
and agent applications and registration:
(1) Each application
for a compassion center shall include:
(i)
A non-refundable application fee paid to the department in the amount of two
hundred
fifty dollars ($250);
(ii) The proposed
legal name and proposed articles of incorporation of the compassion
center;
(iii) The proposed
physical address of the compassion center, if a precise address has
been determined, or, if not, the general location where it
would be located. This may include a
second location for the cultivation of medical marijuana;
(iv)
A description of the enclosed, locked facility that would be used
in the cultivation of
marijuana;
(v) The name,
address, and date of birth of each principal officer and board member of
the compassion center;
(vi)
Proposed security and safety measures which shall include at
least one security alarm
system for each location, planned measures to deter and
prevent the unauthorized entrance into
areas containing marijuana and the theft of marijuana, as
well as a draft employee instruction
manual including security policies, safety and security
procedures, personal safety and crime
prevention techniques; and
(vii) Proposed
procedures to ensure accurate record keeping;
(2) Any time one or
more compassion center registration applications are being
considered, the department shall also allow for comment by the
public and shall solicit input from
registered qualifying patients, registered primary caregivers;
and the towns or cities where the
applicants would be located;
(3) Each time a
compassion center certificate is granted, the decision shall be based upon
the overall health needs of qualified patients and the
safety of the public, including, but not
limited to, the following factors:
(i)
Convenience to patients from throughout the state of
centers if the applicant were approved;
(ii) The applicants'
ability to provide a steady supply to the registered qualifying patients
in the state;
(iii) The applicants'
experience running a non-profit or business;
(iv)
The wishes of qualifying patients regarding which applicant be
granted a registration
certificate;
(v) The wishes of the
city or town where the dispensary would be located;
(vi)
The sufficiency of the applicant's plans for record keeping and
security, which
records shall be considered confidential health care
information under
intended to be deemed protected health care information for
purposes of the Federal Health
Insurance Portability and Accountability Act of 1996,
as amended; and
(vii) The sufficiency
of the applicant's plans for safety and security, including proposed
location, security devices employed, and staffing;
(4) After a
compassion center is approved, but before it begins operations, it shall submit
the following to the department:
(i)
A fee paid to the department in the amount of five thousand dollars ($5,000);
(ii) The legal name
and articles of incorporation of the compassion center;
(iii) The physical
address of the compassion center; this may include a second address for
the secure cultivation of marijuana;
(iv)
The name, address, and date of birth of each principal officer
and board member of
the compassion center;
(v) The name,
address, and date of birth of any person who will be an agent of or
employed by the compassion center at its inception;
(5) The department
shall track the number of registered qualifying patients who designate
each compassion center as a primary caregiver, and issue a
written statement to the compassion
center of the number of qualifying patients who have
designated the compassion center to serve
as a primary caregiver for them. This statement shall be
updated each time a new registered
qualifying patient designates the compassion center or ceases to
designate the compassion center
and may be transmitted electronically if the department's
regulations so provide. The department
may provide by regulation that the updated written statements
will not be issued more frequently
than twice each week;
(6) Except as
provided in subdivision (7), the department shall issue each principal
officer, board member, agent, volunteer and employee of a
compassion center a registry
identification card or renewal card within ten (10) days of receipt
of the person's name, address,
date of birth, and a fee in an amount established by the
department. Each card shall specify that
the cardholder is a principal officer, board member,
agent, volunteer, or employee of a
compassion center and shall contain the following:
(i)
The name, address, and date of birth of the principal officer, board member,
agent,
volunteer or employee;
(ii) The legal name
of the compassion center to which the principal officer, board
member, agent, volunteer or employee is affiliated;
(iii) A random
identification number that is unique to the cardholder;
(iv)
The date of issuance and expiration date of the registry
identification card; and
(v) A photograph, if
the department decides to require one;
(7) Except as
provided in this subsection, the department shall not issue a registry
identification card to any principal officer, board member, agent,
volunteer, or employee of a
compassion center who has been convicted of a felony drug
offense. The department may
conduct a background check of each principal officer, board
member, agent, volunteer, or
employee in order to carry out this provision. The department
shall notify the compassion center
in writing of the purpose for denying the registry
identification card. The department may grant
such person a registry identification card if the
department determines that the offense was for
conduct that occurred prior to the enactment of the Edward O.
Hawkins and Thomas C. Slater
Medical Marijuana Act or that was prosecuted by an
authority other than the state of Rhode
Island and for which the Edward O. Hawkins and Thomas
C. Slater Medical Marijuana Act
would otherwise have prevented a conviction;
(8) A registry
identification card of a principal officer, board member, agent, volunteer,
or employee shall expire one year after its issuance, or
upon the expiration of the registered
organization's registration certificate, whichever occurs first.
(d) Expiration or
termination of compassion center:
(1) A compassion
center's registration shall expire two (2) years after its registration
certificate is issued. The compassion center may submit a renewal
application beginning sixty
(60) days prior to the
expiration of its registration certificate;
(2) The department
shall grant a compassion center's renewal application within thirty
(30) days of its submission
if the following conditions are all satisfied:
(i)
The compassion center submits the materials required under subdivision (c)(4),
including a five thousand dollar ($5,000) fee;
(ii) The department
has not ever suspended the compassion center's registration for
violations of this act or regulations issued pursuant to this
act;
(iii) The legislative
oversight committee's report, issued pursuant to subsection (j),
indicates that the compassion center is adequately providing
patients with access to medical
marijuana at reasonable rates; and
(iv)
The legislative oversight committee's report, issued pursuant to
subsection (j), does
not raise serious concerns about the continued operation
of the compassion center applying for
renewal.
(3) If the department
determines that any of the conditions listed in paragraphs (d)(2)(i) –
(iv) exist, the department
shall begin an open application process for the operation of a
compassion center. In granting a new registration certificate,
the department shall consider factors
listed in subdivision (c)(3);
(4) The department
shall issue a compassion center one or more thirty (30) day temporary
registration certificates after that compassion center's
registration would otherwise expire if the
following conditions are all satisfied:
(i)
The compassion center previously applied for a renewal, but the department had
not
yet come to a decision;
(ii) The compassion
center requested a temporary registration certificate; and
(iii) The compassion
center has not had its registration certificate revoked due to
violations of this act or regulations issued pursuant to this
act.
(e) Inspection.
Compassion centers are subject to reasonable inspection by the department
of health, division of facilities regulation. The
department shall give reasonable notice of an
inspection under this subsection. During an inspection, the
department may review the
compassion center's confidential records, including its
dispensing records, which may track
transactions according to qualifying patients' registry
identification numbers to protect their
confidentiality.
(f) Compassion center
requirements:
(1) A compassion
center shall be operated on a not-for-profit basis for the mutual benefit
of its patients. A compassion center need not be
recognized as a tax-exempt organization by the
Internal Revenue Services;
(2) A compassion
center may not be located within five hundred feet (500’) of the
property line of a preexisting public or private school;
(3) A compassion
center shall notify the department within ten (10) days of when a
principal officer, board member, agent, volunteer or employee
ceases to work at the compassion
center. His or her card shall be deemed null and void and
the person shall be liable for any other
penalties that may apply to the person's nonmedical use of
marijuana;
(4) A compassion
center shall notify the department in writing of the name, address, and
date of birth of any new principal officer, board member,
agent, volunteer or employee and shall
submit a fee in an amount established by the department for
a new registry identification card
before a new agent or employee begins working at the
compassion center;
(5) A compassion
center shall implement appropriate security measures to deter and
prevent the unauthorized entrance into areas containing
marijuana and the theft of marijuana and
shall insure that each location has an operational security
alarm system.
(6) The operating documents
of a compassion center shall include procedures for the
oversight of the compassion center and procedures to ensure
accurate record keeping;
(7) A compassion
center is prohibited from acquiring, possessing, cultivating,
manufacturing, delivering, transferring, transporting, supplying,
or dispensing marijuana for any
purpose except to assist registered qualifying patients with
the medical use of marijuana directly
or through the qualifying patients other primary
caregiver;
(8) All principal
officers and board members of a compassion center must be residents of
the state of
(9) Each time a new
registered qualifying patient visits a compassion center, it shall
provide the patient with frequently asked questions designed
by the department, which explains
the limitations on the right to use medical marijuana
under state law;
(10) Each compassion
center shall develop, implement, and maintain on the premises
employee and agent policies and procedures to address the
following requirements:
(i)
A job description or employment contract developed for all employees and a
volunteer
agreement for all volunteers, which includes duties, authority,
responsibilities, qualification, and
supervision; and
(ii) Training in and
adherence to state confidentiality laws.
(11) Each compassion
center shall maintain a personnel record for each employee and
each volunteer that includes an application for employment
or to volunteer and a record of any
disciplinary action taken;
(12) Each compassion
center shall develop, implement, and maintain on the premises an
on-site training curriculum, or enter into contractual
relationships with outside resources capable
of meeting employee training needs, which includes, but
is not limited to, the following topics:
(i)
Professional conduct, ethics, and patient confidentiality; and
(ii) Informational
developments in the field of medical use of marijuana.
(13) Each compassion center
entity shall provide each employee and each volunteer, at
the time of his or her initial appointment, training in
the following:
(i)
The proper use of security measures and controls that have been adopted; and
(ii) Specific
procedural instructions on how to respond to an emergency, including
robbery or violent accident;
(14) All compassion
centers shall prepare training documentation for each employee and
have employees sign a statement indicating the date, time,
and place the employee received said
training and topics discussed, to include name and title of
presenters. The compassion center shall
maintain documentation of an employee's and a volunteer's
training for a period of at least six (6)
months after termination of an employee's employment or the
volunteer's volunteering.
(g) Maximum amount of
usable marijuana to be dispensed:
(1) A compassion
center or principal officer, board member, agent, volunteer or
employee of a compassion center may not dispense more than two
and one half ounces (2.5 oz)
of usable marijuana to a qualifying patient directly or
through a qualifying patient's other primary
caregiver during a fifteen (15) day period;
(2) A compassion
center or principal officer, board member, agent, volunteer or
employee of a compassion center may not dispense an amount of
usable marijuana or marijuana
plants to a qualifying patient or a qualifying patient's
other primary caregiver that the compassion
center, principal officer, board member, agent, volunteer,
or employee knows would cause the
recipient to possess more marijuana than is permitted under the
Edward O. Hawkins and Thomas
C. Slater Medical Marijuana Act.
(h) Immunity:
(1) No registered
compassion center shall be subject to prosecution; search, except by the
department pursuant to subsection (e); seizure; or penalty in
any manner or denied any right or
privilege, including, but not limited to, civil penalty or
disciplinary action by a business,
occupational, or professional licensing board or entity, solely
for acting in accordance with this
section to assist registered qualifying patients to whom it
is connected through the department's
registration process with the medical use of marijuana;
(2) No principal
officers, board members, agents, volunteers, or employees of a registered
compassion center shall be subject to arrest, prosecution,
search, seizure, or penalty in any
manner or denied any right or privilege, including, but not
limited to, civil penalty or disciplinary
action by a business, occupational, or professional
licensing board or entity, solely for working
for or with a compassion center to engage in acts
permitted by this section.
(i)
Prohibitions:
(1) A compassion center
may not possess an amount of marijuana that exceeds the total
of the allowable amount of marijuana for the registered
qualifying patients for whom the
compassion center is a registered primary caregiver;
(2) A compassion
center may not dispense, deliver, or otherwise transfer marijuana to a
person other than a qualifying patient who has designated
the compassion center as a primary
caregiver or to such patient's other primary caregiver;
(3) A person found to
have violated paragraph (2) of this subsection may not be an
employee, agent, principal officer, or board member of any
compassion center, and such person's
registry identification card shall be immediately revoked;
(4) No person who has
been convicted of a felony drug offense may be the principal
officer, board member, agent, volunteer, or employee of a
compassion center unless the
department has determined that the person's conviction was for
the medical use of marijuana or
assisting with the medical use of marijuana and issued the
person a registry identification card as
provided under subdivision (c)(7). A person who is employed by
or is an agent, principal officer,
or board member of a compassion center in violation of
this section is guilty of a civil violation
punishable by a fine of up to one thousand dollars ($1,000). A
subsequent violation of this section
is a gross misdemeanor:
(j) Legislative
oversight committee:
(1) The general
assembly shall appoint a nine (9) member oversight committee comprised
of: one member of the house of representatives; one
member of the senate; one physician to be
selected from a list provided by the
list provided by the
one registered primary caregiver; one patient advocate to
be selected from a list provided by the
community.
(2) The oversight
committee shall meet at least six (6) times per year for the purpose of
evaluating and making recommendations to the general assembly
regarding:
(i)
Patients' access to medical marijuana;
(ii) Efficacy of
compassion center;
(iii) Physician
participation in the Medical Marijuana Program;
(iv)
The definition of qualifying medical condition;
(v) Research studies
regarding health effects of medical marijuana for patients.
(3) On or before
January 1 of every even numbered year, the oversight committee shall
report to the general assembly on its findings.
SECTION 3. This act shall take effect upon passage.
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LC00370/SUB A
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