Chapter 515

2014 -- H 7610 SUBSTITUTE A

Enacted 07/08/14

A N   A C T

RELATING TO FOOD AND DRUGS -- THE EDWARD O. HAWKINS AND THOMAS C. SLATER MEDICAL MARIJUANA ACT

Introduced By: Representatives Tomasso, Carnevale, Ucci, Costantino, and Phillips

Date Introduced: February 26, 2014

 

It is enacted by the General Assembly as follows:

 

SECTION 1. 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:

21-28.6-14. Cooperative cultivations. -- (a) Two (2) or more cardholders may cooperatively cultivate marijuana in residential or non-residential locations subject to the following restrictions:

(1) A cardholder can only cooperatively cultivate in one location;

(2) No single location may have more than one cooperative cultivation. For the purposes of this section, location means one structural building, not units within a structural building.

(3) The cooperative cultivation shall not be visible from the street or other public areas;

(4) A written acknowledgement of the limitations of the right to use and possess marijuana for medical purposes in Rhode Island that is signed by each cardholder and is displayed prominently in the premises cooperative cultivation.

(5) Cooperative cultivations are restricted to the following possession limits:

(i) A non-residential, cooperative cultivation may have no more than ten (10) ounces of usable marijuana, forty-eight (48) mature marijuana plants, and twenty-four (24) seedlings.

(ii) A residential, cooperative cultivation may have no more than ten (10) ounces of useable marijuana, twenty-four (24) mature marijuana plants, and twelve (12) seedlings.

(6) Cooperative cultivations must be inspected as follows:

(i) A non-residential, cooperative cultivation must have displayed prominently on the premises documentation from the municipality where the single location is located that the location and the cultivation has been inspected by the municipal building and/or zoning official and the municipal fire department and is in compliance with any applicable state or municipal housing and zoning codes.

(ii) A residential cooperative cultivation must have displayed prominently on the premises an affidavit by a licensed electrician that the cultivation has been inspected and is in compliance with any applicable state or municipal housing and zoning codes for the municipality where the cooperative cultivation is located.

(7) Cooperative cultivations must report the location of the cooperative cultivation to the division of state police.

(8) The reports provided to the division of state police in subsection (8) of this section shall be confidential, but locations may be confirmed for law enforcement purposes. The report of the location of the cooperative cultivation alone shall not constitute probable cause for a search of the cooperative cultivation.

(b) Any violation of any provision of this section shall result in the immediate revocation of the cardholder's registry identification card.

SECTION 2. Sections 21-28.6-2, 21-28.6-3, 21-28.6-4, 21-28.6-6, 21-28.6-8 and 21-28.6-9 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:

21-28.6-2. Legislative findings. -- The general assembly finds and declares that:

 (1) Modern medical research has discovered beneficial uses for marijuana in treating or alleviating pain, nausea, and other symptoms associated with certain debilitating medical conditions, as found by the National Academy of Sciences' Institute of Medicine in March 1999.

 (2) According to the U.S. Sentencing Commission and the Federal Bureau of Investigation, ninety-nine (99) out of every one hundred (100) marijuana arrests in the United States are made under state law, rather than under federal law. Consequently, changing state law will have the practical effect of protecting from arrest the vast majority of seriously ill people who have a medical need to use marijuana.

 (3) Although federal law currently prohibits any use of marijuana, the laws of Alaska, California, Colorado, Hawaii, Maine, Montana, Nevada, Oregon, Vermont, and Washington permit the medical use and cultivation of marijuana. Rhode Island joins in this effort for the health and welfare of its citizens.

 (4) States are not required to enforce federal law or prosecute people for engaging in activities prohibited by federal law. Therefore, compliance with this chapter does not put the state of Rhode Island in violation of federal law.

 (5) State law should make a distinction between the medical and nonmedical use of marijuana. Hence, the purpose of this chapter is to protect patients with debilitating medical conditions, and their physicians and primary caregivers, from arrest and prosecution, criminal and other penalties, and property forfeiture if such patients engage in the medical use of marijuana.

 (6) The general assembly enacts this chapter pursuant to its police power to enact legislation for the protection of the health of its citizens, as reserved to the state in the Tenth Amendment of the United States Constitution.

(7) It is in the state's interests of public safety, public welfare, and the integrity of the medical marijuana program to ensure that the possession and cultivation of marijuana for the sole purpose of medical use for alleviating symptoms caused by debilitating medical conditions is adequately regulated. 

21-28.6-3. Definitions. -- For the purposes of this chapter:

 (1) "Cardholder" means a qualifying patient, or a primary caregiver, or a principal officer, board member, employee, volunteer, or agent of a compassion center who has registered with the department and has been issued and possesses a valid registry identification card.

 (2)(i) "Compassion center" means a not-for-profit corporation, subject to the provisions of chapter 7-6 of title 7, and registered under section § 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 patient cardholders and/or their registered primary caregivers caregiver cardholder, who have designated it as one of their primary caregivers.

(ii) "Compassion center cardholder" means a principal officer, board member, employee, volunteer, or agent of a compassion center who has registered with the department and has been issued and possesses a valid registry identification card.

 (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.

 (4) "Department" means the Rhode Island department of health or its successor agency.

 (5) "Marijuana" has the meaning given that term in section §21-28-1.02(26).

 (6) "Mature marijuana plant" means a marijuana plant which that 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 patient cardholder'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 Massachusetts or Connecticut.

 (9) "Primary caregiver" means either a natural person, who is at least twenty-one (21) years old, or a compassion center. 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 Rhode Island.

 (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.

 (13) "Unusable marijuana" means marijuana seeds, stalks, seedlings, and unusable roots.

 (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.

 (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 cardholder 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 cardholder 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 cardholder, 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 cardholder.

 (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. Provided, however, due to the safety and welfare concern for other tenants, the property, and the public, as a whole, a landlord may have the discretion not to lease, or continue to lease, to a cardholder who cultivates marijuana in the leased premises.

 (d) A primary caregiver cardholder, 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 cardholder, to whom he or she is connected through the department's registration process, with the medical use of marijuana; provided, that the primary caregiver cardholder possesses an amount of marijuana which that does not exceed twelve (12) mature marijuana plants and two and one-half (2.5) ounces of usable marijuana for each qualifying patient cardholder to whom he or she is connected through the department's registration process.

 (e) Registered primary caregivers and registered qualifying patients A cardholder shall be allowed to possess a reasonable amount of unusable marijuana, including up to twelve (12) seedlings, which that shall not be counted toward the limits in this section.

 (f) There shall exist a presumption that a qualifying patient or primary caregiver cardholder is engaged in the medical use of marijuana if the qualifying patient or primary caregiver cardholder:

 (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.

 (g) A primary caregiver cardholder may receive reimbursement for costs associated with assisting a registered qualifying patient's patient cardholder's medical use of marijuana. Compensation shall not constitute sale of controlled substances.

 (h) A natural person registered as a primary caregiver cardholder, 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 cardholder if:

 (1) The registered natural person primary caregiver cardholder cultivated the marijuana pursuant to this chapter, not to exceed the limits of paragraph (d) above; and

 (2) Each qualified patient cardholder the caregiver cardholder 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.

 (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 Bboard of Mmedical Llicensure and Ddiscipline, or by any 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.

 (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.

 (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 cardholder with using or administering marijuana.

 (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.

 (m) A registry identification card, or its equivalent, issued under the laws of another state, U.S. territory, or the District of Columbia, to permit the medical use of marijuana by a 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.

 (n) Notwithstanding the provisions of subsection §21-28.6-4(d) or subsection §21-28.6-4(e), no primary caregiver cardholder, 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 patient cardholders to whom he or she is connected through the department's registration process. 

 (o) A registered qualifying patient or registered primary caregiver cardholder may give marijuana to another registered qualifying patient or registered primary caregiver cardholder 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.

 (p) For the purposes of medical care, including organ transplants, a registered qualifying patient's patient cardholder'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 21-28.6-3(14) § 21-28.6-3(15) 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.

(1) The primary caregiver applicant shall apply to the bureau of criminal identification of the department of attorney general, state police, or local police department for a national criminal records check that shall include fingerprints submitted to the Federal Bureau of Investigation. Upon the discovery of any disqualifying information as defined in § 21-28.6-6(d)(4), and in accordance with the rules promulgated by the director, the bureau of criminal identification of the department of attorney general, state police, or the local police department shall inform the applicant, in writing, of the nature of the disqualifying information; and, without disclosing the nature of the disqualifying information, shall notify the department, in writing, that disqualifying information has been discovered.

(2) In those situations in which no disqualifying information has been found, the bureau of criminal identification of the department of attorney general, state police, or the local police shall inform the applicant and the department, in writing, of this fact.

(3) The department shall maintain on file evidence that a criminal records check has been initiated on all applicants seeking a primary caregiver registry identification card and the results of the checks. The primary caregiver cardholder shall not be required to apply for a national criminal records check for each patient he or she is connected to through the department's registration process, provided that he or she has applied for a national criminal records check within the previous two (2) years in accordance with this chapter. The department shall not require a primary caregiver cardholder to apply for a national criminal records check more than once every two (2) years.

(4) Information produced by a national criminal records check pertaining to a conviction for any felony offense under chapter 28 of title 21 ("Rhode Island Controlled Substances Act"), murder, manslaughter, rape, first degree sexual assault, second degree sexual assault, first degree child molestation, second degree child molestation, kidnapping, first degree arson, second degree arson, mayhem, robbery, burglary, breaking and entering, assault with a dangerous weapon, assault or battery involving grave bodily injury, and/or assault with intent to commit any offense punishable as a felony or a similar offense from any other jurisdiction shall result in a letter to the applicant and the department disqualifying the applicant. If disqualifying information has been found, the department may use its discretion to issue a primary caregiver registry identification card if the applicant's connected patient is an immediate family member and the card is restricted to that patient only.

(5) The primary caregiver applicant shall be responsible for any expense associated with the national criminal records check.

(6) For purposes of this section "conviction" means, in addition to judgments of conviction entered by a court subsequent to a finding of guilty or a plea of guilty, those instances where the defendant has entered a plea of nolo contendere and has received a sentence of probation and those instances where a defendant has entered into a deferred sentence agreement with the attorney general.

(e) The department shall issue registry identification cards within five (5) days of approving an application or renewal, which that 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 patient cardholder shall notify the department of any change in the qualifying patient's patient cardholder's name, address, or primary caregiver; or if the qualifying patient he or she ceases to have his or her debilitating medical condition, within ten (10) days of such change.

 (2) A registered qualifying patient cardholder 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 patient cardholder 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 primary caregiver cardholder or compassion center cardholder 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 primary caregiver cardholder or compassion center cardholder 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 cardholder or primary caregiver cardholder notifies the department of any changes listed in this subsection, the department shall issue the registered qualifying patient cardholder and each primary caregiver cardholder 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 cardholder 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 patient cardholder changes his or her primary caregiver, the department shall notify the primary caregiver cardholder within ten (10) days. The primary caregiver's caregiver cardholder's protections as provided in this chapter as to that patient shall expire ten (10) days after notification by the department. If the primary caregiver cardholder is connected to no other patient cardholders in the program, he or she must return his or her registry identification card to 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 of title 38 et seq. the (Rhode Island access to public records act) and not subject to disclosure, except to authorized employees of the department as necessary to perform official duties of the department, and pursuant to subsection (i) of this section.

 (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 Rhode Island. The department may also notify those patients of medical studies conducted outside of Rhode Island.

 (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 Aaccess to Ppublic Iinformation, 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) Notwithstanding subsection (h) of this section, the The department shall verify to law enforcement personnel whether a registry identification card is valid solely by confirming the random registry identification number or name.

 (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 Hhouse Ccommittee on Hhealth, Eeducation and Wwelfare and to the Ssenate Ccommittee on Hhealth and Hhuman Sservices 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.

21-28.6-8. Affirmative defense and dismissal. -- (a) Except as provided in section §21-28.6-7, a person qualifying patient and a person's primary caregiver, if any, may assert the medical purpose for using marijuana as a defense to any prosecution involving marijuana, and such defense shall be presumed valid where the evidence shows that:

 (1) The qualifying patient's practitioner has stated that, in the practitioner's professional opinion, after having completed a full assessment of the person's medical history and current medical condition made in the course of a bona fide practitioner-patient relationship, the potential benefits of using marijuana for medical purposes would likely outweigh the health risks for the qualifying patient; and

 (2) The person qualifying patient and the person's primary caregiver, if any, were collectively was in possession of a quantity of marijuana that was not more than what is permitted under this chapter to ensure the uninterrupted availability of marijuana for the purpose of alleviating the person's medical condition or symptoms associated with the medical condition.

 (b) A person may assert the medical purpose for using marijuana in a motion to dismiss, and the charges shall be dismissed following an evidentiary hearing where the defendant shows the elements listed in subsection (a) of this section.

 (c) Any interest in, or right to, property that was possessed, owned, or used in connection with a person's qualifying patient's use of marijuana for medical purposes shall not be forfeited if the person qualifying patient or the person's primary caregiver demonstrates the person's qualifying patient's medical purpose for using marijuana pursuant to this section.

21-28.6-9. Enforcement. -- (a) If the department fails to adopt regulations to implement this chapter within one hundred twenty (120) days of the effective date of this act, a qualifying patient may commence an action in a court of competent jurisdiction to compel the department to perform the actions mandated pursuant to the provisions of this chapter.

 (b) If the department fails to issue a valid registry identification card in response to a valid application submitted pursuant to this chapter within thirty-five (35) days of its submission, the registry identification card shall be deemed granted and a copy of the registry identification application shall be deemed a valid registry identification card.

(c) The department shall revoke and shall not reissue, the registry identification card of any cardholder who is convicted of; placed on probation; whose case is filed pursuant to § 12-10-12 where the defendant pleads nolo contendere; or whose case is deferred pursuant to § 12-19-19 where the defendant pleads nolo contendere for any felony offense under chapter 28 of title 21 ("Rhode Island Controlled Substances Act") or a similar offense from any other jurisdiction.

(d) If a cardholder exceeds the possession limits set forth in §§ 21-28.6-4 or 21-28.6-14, he or she shall be subject to arrest and prosecution under chapter 28 of title 21 ("Rhode Island Controlled Substances Act").

SECTION 3. This act shall take effect on September 1, 2014.

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LC004444/SUB A/3
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