Chapter 088
2012 -- S 2555 SUBSTITUTE A
Enacted 05/22/12
A N A C T
RELATING
TO FOOD AND DRUGS - THE EDWARD O. HAWKINS AND THOMAS C.
SLATER MEDICAL
MARIJUANA ACT
Introduced By: Senators Perry, Miller, Metts, Jabour, and Tassoni
Date Introduced: February 28, 2012
It is enacted by the
General Assembly as follows:
SECTION 1. Sections 21-28.6-3, 21-28.6-4, 21-28.6-5,
21-28.6-6, 21-28.6-10 and 21-
28.6-12 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. -- 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 corporation subject to the
provisions of chapter 7-6, and registered under § 21-28.6-12 that acquires, possesses, cultivates,
manufactures, delivers, transfers, transports, supplies or
dispenses marijuana, and/or related
supplies and educational materials, to registered qualifying
patients and/or their registered
primary caregivers who have designated it as one of their
primary caregivers.
(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 § 21-28.6-5.
(4)
"Department" means the
(5)
"Marijuana" has the meaning given that term in § 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.
(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.
(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
(9) "Primary
caregiver" means either a natural person who is at least twenty-one (21)
years old or a compassion center. Unless the primary
caregiver is a compassion center, a A
natural person primary caregiver may assist no more
than five (5) qualifying patients with their
medical use of marijuana.
(10) "Qualifying
patient" means a person who has been diagnosed by a practitioner as
having a debilitating medical condition and is a resident of
(11) "Registry
identification card" means a document issued by the department that
identifies a person as a registered qualifying patient, a
registered primary caregiver, or a
registered principal officer, board member, employee, volunteer,
or agent of a compassion center.
(12) “Seedling” means
a marijuana plant with no observable flowers or buds.
(12)(13)
"Unusable marijuana" means marijuana seeds, stalks, seedlings, and
unusable
roots. "Seedling" means a marijuana plant with
no observable flowers or buds.
(13)(14)
"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.
(14)(15)
"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) A registered
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 selling, giving, or
distributing marijuana of the type and in an amount not to exceed
that set forth in subsection (a)
above, that he or she has cultivated or manufactured
pursuant to this chapter, to a registered
compassion center.
(b)(c) 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
cardholder.
(c)(d) 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)(e)
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.
(e)(f)
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.
(f)(g) 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.
(h) A natural person
registered as 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 selling, giving, or
distributing marijuana, of the type and in an amount not to exceed
that set forth in subsection (d)
above, to a registered compassion center if:
(1) The registered
natural person primary caregiver cultivated the marijuana pursuant to
this chapter, not to exceed the limits of paragraph (d)
above; and
(2) Each qualified
patient the caregiver is connected with through the department’s
registration process has been provided an adequate amount of the
marijuana to meet his or her
medical needs, not to exceed the limits of subsection (a)
above.
(g)(i) 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 other 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.
(h)(j) 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.
(i)(k) 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.
(j)(l) 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.
(k)(m) A
registry identification card, or its equivalent, issued under the laws of
another
state,
patient with a debilitating medical condition, or to permit a
person to assist with 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.
(l)(n)
Notwithstanding the provisions of subsection 21-28.6-3(6) 21-28.6-4(d)
or
subsection 21-28.6-4(c) 21-28.6-4(e), 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)(o) 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 § 21-28.6-4.
(n)(p) 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.
21-28.6-5.
Department to issue regulations. -- (a) Not later
than ninety (90) days after
the effective date of this chapter, the department shall
promulgate regulations governing the
manner in which it shall consider petitions from the public
to add debilitating medical conditions
to those included in this chapter. In considering such
petitions, the department shall include
public notice of, and an opportunity to comment in a public
hearing, upon such petitions. The
department shall, after hearing, approve or deny such petitions
within one hundred eighty (180)
days of submission. The approval or denial of such a
petition shall be considered a final
department action, subject to judicial review. Jurisdiction and
venue for judicial review are vested
in the superior court. The denial of a petition shall
not disqualify qualifying patients with that
condition, if they have a debilitating medical condition as
defined in subdivision 21-28.6-3(3).
The denial of a petition shall not prevent a person
with the denied condition from raising an
affirmative defense.
(b) Not later than
ninety (90) days after the effective date of this chapter, the department
shall promulgate regulations governing the manner in which
it shall consider applications for and
renewals of registry identification cards for qualifying
patients and primary caregivers. The
department's regulations shall establish application and renewal
fees that generate revenues
sufficient to offset all expenses of implementing and
administering this chapter. The department
may vary the application and renewal fees along a sliding
scale that accounts for a qualifying
patient's or caregiver's income. The department may accept
donations from private sources in
order to reduce the application and renewal fees.
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 § 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 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 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, and shall
be exempt from the provisions of the RIGL chapter 38-2
et seq. the
records act and not subject to disclosure, except to
authorized employees of the department as
necessary to perform official duties of the department.
(2) The application
for qualifying patient’s 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
(2)(3) 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 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
21-28.6-10.
Severability. -- Any section of this act being
held invalid as to any person or
circumstances shall not affect the application of any other section
of this act that can be given full
effect without the invalid section or application. If any provision of this chapter or its
application
thereof to any person or circumstance is held invalid, such
invalidity shall not affect other
provisions or applications of this chapter, which can be given
effect without the invalid provision
or application, and to this end the provisions of this
chapter are declared to be severable.
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 chapter,
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, revoking 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 chapter, 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 chapter, 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 chapter, 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 chapter.
(5) If at any time
after fifteen (15) months after the effective date of this act chapter,
there is no operational compassion center in
applications, provide 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 chapter, 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 chapter,
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.
(9) Any compassion
center application selected for approval by the department prior to
January 1, 2012, shall remain in full force and
effect, notwithstanding any provisions of this
chapter to the contrary, and shall be subject to state law
adopted herein and rules and regulations
adopted by the department subsequent to passage of this
legislation.
(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 interests of qualifying patients regarding
which applicant be granted a
registration certificate;
(v) The wishes interests
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,
employee or volunteer of 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.; and notification to the
department by the state police that the registry identification
card applicant has not been
convicted of a felony drug offense or has not entered a plea of
nolo contendere for a
felony drug
offense and received a sentence of probation. 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 or has entered a plea of nolo
contendere for a felony drug offense and received a sentence of
probation. 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;
(i)
All registry identification card applicants shall apply to the state police for
a criminal
background check with fingerprints. Upon the discovery of a
felony drug offense conviction or a
plea of nolo contendere
for a felony drug offense with a sentence of probation, and in accordance
with the rules promulgated by the director, the state
police shall inform the applicant, in writing,
of the nature of the felony and the state police shall
notify the department, in writing, without
disclosing the nature of the felony, that a felony drug offense
conviction or a plea of nolo
contendere for a felony drug offense with probation has been
found.
(ii) In those
situations in which no felony drug offense conviction or plea of nolo
contendere for a felony drug offense with probation has been
found, the state police shall inform
the applicant and the department, in writing, of this
fact.
(iii) All registry
identification card applicants shall be responsible for any expense
associated with the criminal background check with fingerprints.
(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, or upon the termination
of the principal officer, board
member, agent, volunteer or employee’s relationship with the
compassion center, 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 The
compassion center's registration has
never been suspended
for violations of this act chapter or regulations issued pursuant
to this act
chapter;
(iii) The legislative
oversight committee's report, if issued pursuant to subsection (j)
pursuant to subsection (4)(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, if issued pursuant
to subsection (j)
pursuant to subsection (4)(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 have
not been met, 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) of this
section;
(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 chapter or regulations
issued pursuant to this act chapter.
(5) A compassion
center’s registry identification card shall be subject to revocation if the
compassion center:
(i) Possesses an amount of marijuana exceeding the
limits established by this chapter;
(ii)
Is in violation of the laws of this state;
(iii) Is in violation
of other departmental regulations; or
(iv)
Employs or enters into a business relationship with a medical
practitioner who
provides written certification of a qualifying patient’s
medical condition.
(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 shall 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') one thousand
feet (1,000’) 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 any
nonmedical possession or use of marijuana by the
person;
(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 that person begins his or her relationship with
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. Each compassion center
shall request that the
of the facility and make any recommendations regarding
the security of the facility and its
personnel within ten (10) days prior to the initial opening of
each compassion center. Said
recommendations shall not be binding upon any compassion center, nor
shall the lack of
implementation of said recommendations delay or prevent the opening
or operation of any center.
If the
period there shall be no delay in the compassion center’s opening.
(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 patient’s 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 a frequently asked questions sheet
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, volunteer
and agent policies and procedures to address the following requirements:
(i)
A job description or employment contract developed for all employees and
agents and
a volunteer agreement for all volunteers, which
includes duties, authority, responsibilities,
qualification qualifications, and supervision; and
(ii) Training in and
adherence to state confidentiality laws.
(11) Each compassion
center shall maintain a personnel record for each employee, agent
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, agent 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
volunteer and have employees and volunteers sign a
statement indicating the date, time, and place
the employee and volunteer 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 registered
compassion center shall be subject to prosecution; 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, for
selling, giving or distributing marijuana in whatever form and
within the limits established by the
department to another registered compassion center;
(2)(3) 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.
(4) No state employee
shall be subject to arrest, prosecution or penalty in any manner, or
denied any right or privilege, including, but not limited
to, civil penalty, disciplinary action,
termination, or loss of employee or pension benefits, for any and
all conduct that occurs within
the scope of his or her employment regarding the
administration, execution and/or enforcement of
this act, and the provisions of
applicable to this section.
(i)
Prohibitions:
(1) A
compassion center may shall not possess an amount of
marijuana at any given time
that exceeds the following limitations: total of the allowable amount of marijuana for the
registered qualifying patients for whom the compassion center is
a registered primary caregiver;
(i)
One hundred fifty (150) marijuana plants of which no more than ninety-nine (99)
shall
be mature; and
(ii)
One thousand five hundred ounces (1500 oz.) of usable marijuana.
(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, volunteer, principal officer, or board
member of any compassion center, and
such person's registry identification card shall be
immediately revoked;
(4) An employee,
agent, volunteer, principal officer or board member of any compassion
center found in violation of paragraph (2) above shall have
his or her registry identification
revoked immediately; and
(4)(5) No
person who has been convicted of a felony drug offense or has entered a plea
of
nolo contendere for a felony
drug offense with a sentence or probation 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) in accordance with the terms and conditions of
this chapter. A
person who is employed by or is an agent, volunteer,
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
selected from a list provided by the
qualifying patients; one registered primary caregiver; one
patient advocate to be selected from a
list provided by the
Island state police or his/her
designee and one representative of
the law enforcement 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 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
section:
21-28.6-13.
Construction. -- This chapter shall be
liberally construed so as to effectuate
the purposes thereof.
SECTION 3. This act shall take effect upon passage.
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LC01989/SUB A/2
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