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ARTICLE 15 AS AMENDED |
RELATING TO
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SECTION 1. Sections 2-26-1, 2-26-3, 2-26-4, 2-26-5, 2-26-6 and 2-26-7 of the General |
Laws in Chapter 2-26 entitled "Hemp Growth Act" are hereby amended to read as follows: |
2-26-1. Short title. |
This chapter shall be known and may be cited as the "Industrial Hemp Growth Act." |
2-26-3. Definitions. |
When used in this chapter, the following terms shall have the following meanings: |
(1) "Applicant" means any person, firm, corporation, or other legal entity who or that, on |
his, her, or its own behalf, or on behalf of another, has applied for permission to engage in any act |
or activity that is regulated under the provisions of this chapter. |
(2) "Cannabis" means all parts of the plant of the genus marijuana, also known as marijuana |
sativa L. whether growing or not; the seeds thereof; the resin extracted from any part of the plant; |
and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, |
or resin regardless of cannabinoid content or cannabinoid potency including "marijuana" and |
"industrial hemp" or "industrial hemp products" which satisfy the requirements of this chapter. |
(3) "Cannabidiol" or "CBD" means cannabidiol (CBD) derived from a hemp plant as |
defined in § 2-26-3, not including products derived from exempt cannabis plant material as defined |
in 21 C.F.R. § 1308.35. |
(2)(4)"Department" means the office of cannabis regulation within the department of |
business regulation. |
(3)(5) "Division" means the division of agriculture in the department of environmental |
management. |
(4)(6) "Grower" means a person or entity who or that produces hemp for commercial |
purposes. |
(5)(7) "Handler" means a person or entity who or that produces or processes hemp or |
agricultural hemp seed for processing into commodities or who manufactures hemp, products, or |
agricultural hemp seed. |
(6)(8) "Hemp" or "industrial hemp" means the plant of the genus cannabis and any part of |
such plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration that does not |
exceed three-tenths percent (0.3%) on a dry-weight basis of any part of the plant cannabis, or per |
volume or weight of marijuana product or the combined percent of delta-9 tetrahydrocannabinol |
and tetrahydrocannabinolic acid in any part of the plant cannabis regardless of the moisture content. |
Hemp is also commonly referred to in this context as "industrial hemp." the plant Cannabis sativa |
L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, |
isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 |
tetrahydrocannabinol concentration of not more than three-tenths percent (0.3%) on a dry weight |
or per volume basis regardless of moisture content, and which satisfies the requirements of this |
chapter. |
(9) "Hemp-derived consumable CBD product" means any product meant for ingestion, |
including, but not limited to, concentrates, extracts, and cannabis-infused foods and products, |
which contains cannabidiol derived from a hemp plant as defined in § 2-26-3 this section, which |
shall only be sold to persons age twenty-one (21) or older, and which shall not include products |
derived from exempt cannabis plant material as defined in 21 C.F.R. § 1308.35. |
(7)(10) "Hemp products" or "industrial hemp products" means all products made from the |
plants, including, but not limited to, concentrated oil, cloth, cordage, fiber, food, fuel, hemp-derived |
consumable CBD products, paint, paper, construction materials, plastics, seed, seed meal, seed oil, |
and seed certified for cultivation, which satisfy the requirements of this chapter. |
(11) "Licensed CBD distributor" means a person licensed to distribute hemp-derived |
consumable CBD products pursuant to this chapter. |
(12) "Licensed CBD retailer" means a person licensed to sell hemp-derived consumable |
CBD products pursuant to this chapter. |
(8)(13) "THC" means tetrahydrocannabinol, the principal psychoactive constituent of |
cannabis. |
(9)(14) "THCA" means tetrahydrocannabinol acid. |
2-26-4. Hemp an agricultural product. |
Hemp is an agricultural product that may be grown as a crop, produced, possessed, |
distributed, sold at retail, and commercially traded pursuant to the provisions of this chapter. Hemp |
is subject to primary regulation by the department. The division may assist the department in the |
regulation of hemp growth and production. |
2-26-5. Authority over licensing and sales. |
(a) The department shall promulgate prescribe rules and regulations for the licensing and |
regulation of hemp growers, and handlers, licensed CBD distributors, and licensed CBD retailers |
and or persons otherwise employed by the applicant not inconsistent with law, to carry into effect |
the provision of this chapter and shall be responsible for the enforcement of such the licensing and |
regulation. |
(b) All growers, and handlers, and licensed CBD distributors, and licensed CBD retailers |
must have a hemp license issued by the department. All production, distribution, and retail sale of |
hemp-derived consumable CBD products must be consistent with any applicable state or local food |
processing and safety regulations, and the applicant shall be responsible to ensure its compliance |
with such the regulations and any applicable food safety licensing requirements, including, but not |
limited to, those promulgated by the department of health. |
(c) The application for a hemp license shall include, but not be limited to, the following: |
(1)(i) The name and address of the applicant who will supervise, manage, or direct the |
growing and handling of hemp and the names and addresses of any person or entity partnering or |
providing consulting services regarding the growing or handling of hemp.; and |
(ii) The name and address of the applicant who will supervise, manage, or direct the |
distribution or sale of hemp-derived consumable CBD products, and names and addresses of any |
person or entity partnering or providing consulting services regarding the distribution or sale of |
hemp-derived CBD products. |
(2) A certificate of analysis that the seeds or plants obtained for cultivation are of a type |
and variety that do not exceed the maximum concentration of delta-9 THC, as set forth in § 2-26- |
3; any seeds that are obtained from a federal agency are presumed not to exceed the maximum |
concentration and do not require a certificate of analysis. |
(3)(i) The location of the facility, including the Global Positioning System location, and |
other field reference information as may be required by the department with a tracking program |
and security layout to ensure that all hemp grown is tracked and monitored from seed to distribution |
outlets.; and |
(ii) The location of the facility and other information as may be required by the department |
as to where the distribution or sale of hemp-derived consumable CBD products will occur. |
(4) An explanation of the seed-to-sale tracking, cultivation method, extraction method, and |
certificate of analysis or certificate of analysis for the standard hemp seeds or hemp product if |
required by the department. |
(5) Verification, prior to planting any seed, that the plant to be grown is of a type and |
variety of hemp that will produce a delta-9 THC concentration of no more than three-tenths of one |
percent (0.3%) on a dry-weight basis. |
(6) Documentation that the licensee and/or its agents have entered into a purchase |
agreement with a hemp handler, or processor, distributor, or retailer. |
(7) All applicants: |
(i) Shall apply to the state police, attorney general, or local law enforcement for a National |
Criminal Identification records check that shall include fingerprints submitted to the Federal |
Bureau of Investigation. Upon the discovery of a disqualifying conviction defined in paragraph (iv) |
and (v) subsections (c)(7)(iv) and (c)(7)(v), and in accordance with the rules promulgated by the |
department, the state police shall inform the applicant, in writing, of the nature of the conviction, |
and the state police shall notify the department, in writing, without disclosing the nature of the |
conviction, that a conviction has been found; |
(ii) In those situations in which no conviction has been found, the state police shall inform |
the applicant and the department, in writing, of this fact; |
(iii) All applicants shall be responsible for any expense associated with the criminal |
background check with fingerprints. |
(iv) Any applicant who has been convicted of any felony offense under chapter 28 of title |
21, or any person who has been convicted of murder,; manslaughter,; 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,; or any assault and battery punishable as a felony |
or assault with intent to commit any offense punishable as a felony, shall be disqualified from |
holding any license or permit under this chapter. The department shall notify any applicant, in |
writing, of for a denial of a license pursuant to this subsection. |
(v) For purposes of this section, "conviction" means, in addition to judgments of conviction |
entered by a court subsequent to a finding of guilty, or plea of guilty, those instances where the |
defendant has entered a plea of nolo contendere and has received a jail sentence or a suspended jail |
sentence, or those instances wherein the defendant has entered into a deferred sentence agreement |
with the Rhode Island attorney general and the period of deferment has not been completed. |
(8) Any other information as set forth in rules and regulations as required by the |
department. |
(d) All employees of the applicant shall register with the Rhode Island state police. |
(e)(d) (e) The department shall issue a hemp license to the grower or handler applicant if |
he, she, or it meets the requirements of this chapter, upon the applicant paying a licensure fee of |
two thousand five hundred dollars ($2,500). Said The license shall be renewed every two (2) years |
upon payment of a two thousand five hundred dollar ($2,500) renewal fee. Any licensee convicted |
of any disqualifying offense described in subsection (c)(7)(iv) shall have his, her, or its license |
revoked. The department shall collect a nonrefundable application fee of two hundred fifty dollars |
($250) for each application to obtain a license. |
(e) (f) Any grower or handler license applicant or license holder may also apply for, and |
be issued one (1) CBD distributor and/or one (1) CBD retailer license at no additional cost, provided |
their grower or handler license is issued or renewed. CBD distributor and CBD retailer licenses |
shall be renewed each year at no additional fee provided the applicant also holds or renews a grower |
and/or handler license. |
(f) (g) For applicants who do not hold, renew, or receive a grower or handler license, CBD |
distributor and CBD retailer licenses shall have a licensure fee of five hundred dollars ($500). Said |
The licenses shall be renewed each year upon approval by the department and payment of a five |
hundred dollar ($500) renewal fee. |
2-26-6. Rulemaking authority. |
(a) The department shall adopt rules to provide for the implementation of this chapter, |
which shall include rules to require hemp to be tested during growth for THC levels and to require |
inspection of hemp during sowing, growing season, harvest, storage, and processing. Included in |
these rules should be a system requiring the licensee to submit crop samples to an approved testing |
facility, as determined by the department, for testing and verification of compliance with the limits |
on delta-9 THC concentration. |
(b) The department shall prescribe rules and regulations for all operational requirements |
for licensed growers, handlers, CBD distributors, and retailers, and to ensure consistency in |
manufactured products and appropriate packaging, labeling, and placement with respect to retail |
sales not inconsistent with law, to carry in effect the provisions of this chapter. |
(b)(c) The department shall not adopt, under this or any other section, a rule that would |
prohibit a person or entity to grow, or distribute, or sell hemp based solely on the legal status of |
hemp under federal law. |
(d) The department may adopt rules and regulations based on federal law provided those |
rules and regulations are designed to comply with federal guidance and mitigate federal |
enforcement against the licenses issued under this chapter. |
(e) All new and revised rules and regulations promulgated by the department of business |
regulation and/or the department of health pursuant to this chapter shall be subject to approval by |
the general assembly prior to enactment. |
2-26-7. RegistrationLicensure. |
(a) Except as provided in this section, beginning sixty (60) days after the effective date of |
this chapter, the department shall accept the application for licensure to cultivate hemp submitted |
by the applicant. |
(b) A person or entity registered with, licensed by the department pursuant to this chapter, |
shall allow hemp crops or hemp products, throughout sowing, year-long growing seasons, harvest |
storage, and processing, manufacturing, and retail facilities, to be inspected and tested by and at |
the discretion of the department and as required pursuant to any applicable state or local food |
processing and safety regulations, including, but not limited to those, promulgated by the Rhode |
Island department of health. |
SECTION 2. Chapter 2-26 of the General Laws entitled "Hemp Growth Act" is hereby |
amended by adding thereto the following sections: |
2-26-10. Enforcement of violations of chapter. |
(a)(1) Notwithstanding any other provision of this chapter, if the director of the department, |
or his or her designee, has cause to believe that a violation of any provision of this chapter 26 of |
title 2 or any regulations promulgated hereunder has occurred by a licensee who or that is under |
the department's jurisdiction pursuant to this chapter, or that any person or entity is conducting any |
activities requiring licensure by the department under this chapter or the regulations promulgated |
hereunder without such licensure, the director, or his or her designee, may, in accordance with the |
requirements of the administrative procedures act, chapter 35 of title 42: |
(i) (1) Revoke or suspend a license; |
(ii) (2) Levy an administrative penalty in an amount established pursuant to regulations |
promulgated by the department; |
(iii) (3) Order the violator to cease and desist such actions; |
(iv) (4) Require a licensee or person or entity conducting any activities requiring licensure |
under chapter 26 of title 2 this chapter to take such actions as are necessary to comply with such |
this chapter and the regulations promulgated thereunder; or |
(v) (5) Any combination of the above penalties. |
(2) (b) If the director of the department finds that public health, safety, or welfare requires |
emergency action, and incorporates a finding to that effect in his or her order, summary suspension |
of license and/or cease and desist may be ordered pending proceedings for revocation or other |
action. |
SECTION 3. Section 21-28-1.02 of Chapter 21-28 of the General Laws entitled "Uniform |
Controlled Substances Act" is hereby amended to read as follows: |
21-28-1.02. Definitions. [Effective until January 1, 2023.] |
Unless the context otherwise requires, the words and phrases as defined in this section are |
used in this chapter in the sense given them in the following definitions: |
(1) "Administer" refers to the direct application of controlled substances to the body of a |
patient or research subject by: |
(i) A practitioner, or, in his or her presence by his or her authorized agent; or |
(ii) The patient or research subject at the direction and in the presence of the practitioner |
whether the application is by injection, inhalation, ingestion, or any other means. |
(2) "Agent" means an authorized person who acts on behalf of, or at the direction of, a |
manufacturer, wholesaler, distributor, or dispenser; except that these terms do not include a |
common or contract carrier or warehouse operator, when acting in the usual and lawful course of |
the carrier's or warehouse operator's business. |
(3) "Apothecary" means a registered pharmacist as defined by the laws of this state and, |
where the context requires, the owner of a licensed pharmacy or other place of business where |
controlled substances are compounded or dispensed by a registered pharmacist; and includes |
registered assistant pharmacists as defined by existing law, but nothing in this chapter shall be |
construed as conferring on a person who is not registered as a pharmacist any authority, right, or |
privilege that is not granted to him or her by the pharmacy laws of the state. |
(4) "Automated data processing system" means a system utilizing computer software and |
hardware for the purposes of record keeping. |
(5) "Certified law enforcement prescription drug diversion investigator" means a certified |
law enforcement officer assigned by his or her qualified law enforcement agency to investigate |
prescription drug diversion. |
(6) "Computer" means programmable electronic device capable of multi-functions, |
including, but not limited to: storage, retrieval, and processing of information. |
(7) "Control" means to add a drug or other substance or immediate precursor to a schedule |
under this chapter, whether by transfer from another schedule or otherwise. |
(8) "Controlled substance" means a drug, substance, immediate precursor, or synthetic drug |
in schedules I – V of this chapter. The term shall not include distilled spirits, wine, or malt |
beverages, as those terms are defined or used in chapter 1 of title 3, nor tobacco. |
(9) "Co-prescribing" means issuing a prescription for an opioid antagonist along with a |
prescription for an opioid analgesic. |
(10) "Counterfeit substance" means a controlled substance that, or the container or labeling |
of which, without authorization bears the trademark, trade name, or other identifying mark, imprint, |
number, or device, or any likeness of them, of a manufacturer, distributor, or dispenser, other than |
the person or persons who in fact manufactured, distributed, or dispensed the substance and that |
thereby falsely purports or is represented to be the product of, or to have been distributed by, the |
other manufacturer, distributor, or dispenser, or which substance is falsely purported to be or |
represented to be one of the controlled substances by a manufacturer, distributor, or dispenser. |
(11) "CRT" means cathode ray tube used to impose visual information on a screen. |
(12) "Deliver" or "delivery" means the actual, constructive, or attempted transfer of a |
controlled substance or imitation controlled substance, whether or not there exists an agency |
relationship. |
(13) "Department" means the department of health of this state. |
(14) "Depressant or stimulant drug" means: |
(i) A drug that contains any quantity of: |
(A) Barbituric acid or derivatives, compounds, mixtures, or preparations of barbituric acid; |
and |
(B) "Barbiturate" or "barbiturates" includes all hypnotic and/or somnifacient drugs, |
whether or not derivatives of barbituric acid, except that this definition shall not include bromides |
and narcotics. |
(ii) A drug that contains any quantity of: |
(A) Amphetamine or any of its optical isomers; |
(B) Any salt of amphetamine and/or desoxyephedrine or any salt of an optical isomer of |
amphetamine and/or desoxyephedrine, or any compound, mixture, or preparation of them. |
(iii) A drug that contains any quantity of coca leaves. "Coca leaves" includes cocaine, or |
any compound, manufacture, salt, derivative, mixture, or preparation of coca leaves, except |
derivatives of coca leaves, that do not contain cocaine, ecgonine, or substance from which cocaine |
or ecgonine may be synthesized or made. |
(iv) Any other drug or substance that contains any quantity of a substance that the attorney |
general of the United States, or the director of health, after investigation, has found to have, or by |
regulation designates as having, a potential for abuse because of its depressant or stimulant effect |
on the central nervous system. |
(15) "Director" means the director of health. |
(16) "Dispense" means to deliver, distribute, leave with, give away, or dispose of a |
controlled substance to the ultimate user or human research subject by or pursuant to the lawful |
order of a practitioner, including the packaging, labeling, or compounding necessary to prepare the |
substance for that delivery. |
(17) "Dispenser" is a practitioner who delivers a controlled substance to the ultimate user |
or human research subject. |
(18) "Distribute" means to deliver (other than by administering or dispensing) a controlled |
substance or an imitation controlled substance and includes actual constructive, or attempted |
transfer. "Distributor" means a person who so delivers a controlled substance or an imitation |
controlled substance. |
(19) "Downtime" means that period of time when a computer is not operable. |
(20) "Drug addicted person" means a person who exhibits a maladaptive pattern of |
behavior resulting from drug use, including one or more of the following: impaired control over |
drug use; compulsive use; and/or continued use despite harm, and craving. |
(21) "Drug Enforcement Administration" means the Drug Enforcement Administration, |
United States Department of Justice or its successor. |
(22) "Federal law" means the Comprehensive Drug Abuse Prevention and Control Act of |
1970, (84 stat. 1236) (see generally 21 U.S.C. § 801 et seq.), and all regulations pertaining to that |
federal act. |
(23) "Hardware" means the fixed component parts of a computer. |
(24) "Hospital" means an institution as defined in chapter 17 of title 23. |
(25) "Imitation controlled substance" means a substance that is not a controlled substance, |
that by dosage unit, appearance (including color, shape, size, and markings), or by representations |
made, would lead a reasonable person to believe that the substance is a controlled substance and, |
which imitation controlled substances contain substances that if ingested, could be injurious to the |
health of a person. In those cases when the appearance of the dosage unit is not reasonably sufficient |
to establish that the substance is an "imitation controlled substance" (for example in the case of |
powder or liquid), the court or authority concerned should consider, in addition to all other logically |
relevant factors, the following factors as related to "representations made" in determining whether |
the substance is an "imitation controlled substance": |
(i) Statement made by an owner, possessor, transferor, recipient, or by anyone else in |
control of the substance concerning the nature of the substance, or its use or effect. |
(ii) Statements made by the owner, possessor, or transferor, to the recipient that the |
substance may be resold for substantial profit. |
(iii) Whether the substance is packaged in a manner reasonably similar to packaging of |
illicit controlled substances. |
(iv) Whether the distribution or attempted distribution included an exchange of or demand |
for money or other property as consideration, and whether the amount of the consideration was |
substantially greater than the reasonable value of the non-controlled substance. |
(26) "Immediate precursor" means a substance: |
(i) That the director of health has found to be, and by regulation designated as being, the |
principal compound used, or produced primarily for use, in the manufacture of a controlled |
substance; |
(ii) That is an immediate chemical intermediary used, or likely to be used, in the |
manufacture of those controlled substances; and |
(iii) The control of which is necessary to prevent, curtail, or limit the manufacture of that |
controlled substance. |
(27) "Laboratory" means a laboratory approved by the department of health as proper to be |
entrusted with controlled substances and the use of controlled substances for scientific and medical |
purposes and for the purposes of instruction. |
(28) "Manufacture" means the production, preparation, propagation, cultivation, |
compounding, or processing of a drug or other substance, including an imitation controlled |
substance, either directly or indirectly or by extraction from substances of natural origin, or |
independently by means of chemical synthesis or by a combination of extraction and chemical |
synthesis and includes any packaging or repackaging of the substance or labeling or relabeling of |
its container in conformity with the general laws of this state except by a practitioner as an incident |
to his or her administration or dispensing of the drug or substance in the course of his or her |
professional practice. |
(29) "Manufacturer" means a person who manufactures but does not include an apothecary |
who compounds controlled substances to be sold or dispensed on prescriptions. |
(30) "Marijuana" means all parts of the plant cannabis sativa L., whether growing or not; |
the seeds of the plant; the resin extracted from any part of the plant; and every compound, |
manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin, but shall not |
include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the |
seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of |
mature stalks, (except the resin extracted from it), fiber, oil or cake, or the sterilized seed from the |
plant which is incapable of germination. Marijuana shall not include "industrial hemp" or |
"industrial hemp products" which satisfy the requirements of chapter 26 of title 2. |
(31) "Narcotic drug" means any of the following, whether produced directly or indirectly |
by extraction from substances of vegetable origin, or independently by means of chemical synthesis |
or by a combination of extraction and chemical synthesis: |
(i) Opium and opiates. |
(ii) A compound, manufacture, salt, derivative, or preparation of opium or opiates. |
(iii) A substance (and any compound, manufacture, salt, derivative, or preparation of it) |
that is chemically identical with any of the substances referred to in paragraphs (i) and (ii) of this |
subdivision subsections 31(i) and (31)(ii). |
(iv) Any other substance that the attorney general of the United States, or his or her |
successor, or the director of health, after investigation, has found to have, and by regulation |
designates as having, a potential for abuse similar to opium and opiates. |
(32) "Official written order" means an order written on a form provided for that purpose |
by the Drug Enforcement Administration under any laws of the United States making provision for |
an official form, if order forms are authorized and required by federal law, and if no order form is |
provided, then on an official form provided for that purpose by the director of health. |
(33) "Opiate" means any substance having an addiction-forming or addiction-sustaining |
liability similar to morphine or being capable of conversion into a drug having addiction-forming |
or addiction-sustaining liability. |
(34) "Opioid analgesics" means and includes, but is not limited to, the medicines |
buprenophine, butorphanol, codeine, hydrocodone, hydromorphone, levorphanol, meperidine, |
methadone, morphine, nalbuphine, oxycodone, oxymorphone, pentazocine, propoxyphene as well |
as their brand names, isomers, and combinations, or other medications approved by the department. |
(35) "Opioid antagonist" means naloxone hydrochloride and any other drug approved by |
the United States Food and Drug Administration for the treatment of opioid overdose. |
(36) "Opium poppy" means the plant of the species papaver somniferum L., except the |
seeds of the plant. |
(37) "Ounce" means an avoirdupois ounce as applied to solids and semi-solids, and a fluid |
ounce as applied to liquids. |
(38) "Person" means any corporation, association, partnership, or one or more individuals. |
(39) "Physical dependence" means a state of adaptation that is manifested by a drug class |
specific withdrawal syndrome that can be produced by abrupt cessation, rapid dose reduction, |
decreasing blood level of the drug, and/or administration of an antagonist. |
(40) "Poppy straw" means all parts, except the seeds, of the opium poppy, after mowing. |
(41) "Practitioner" means: |
(i) A physician, osteopath, dentist, chiropodist, veterinarian, scientific investigator, or other |
person licensed, registered, or permitted to distribute, dispense, conduct research with respect to or |
to administer a controlled substance in the course of professional practice or research in this state. |
(ii) A pharmacy, hospital, or other institution licensed, registered, or permitted to distribute, |
dispense, conduct research with respect to, or to administer a controlled substance in the course of |
professional practice or research in this state. |
(42) "Printout" means a hard copy produced by computer that is readable without the aid |
of any special device. |
(43) "Production" includes the manufacture, planting, cultivation, growing, or harvesting |
of a controlled substance. |
(44) "Qualified law enforcement agency" means the U.S. Food and Drug Administration, |
Drug Enforcement Administration, Federal Bureau of Investigation, Office of Inspector General of |
the U.S. Department of Health & Human Services, or the Medicaid Fraud and Patient Abuse Unit |
in the Office of the Attorney General. |
(45) "Researcher" means a person authorized by the director of health to conduct a |
laboratory as defined in this chapter. |
(46) "Sell" includes sale, barter, gift, transfer, or delivery in any manner to another, or to |
offer or agree to do the same. |
(47) "Software" means programs, procedures, and storage of required information data. |
(48) "Synthetic drugs" means any synthetic cannabinoids or piperazines or any synthetic |
cathinones as provided for in schedule I. |
(49) "Ultimate user" means a person who lawfully possesses a controlled substance for his |
or her own use or for the use of a member of his or her household, or for administering to an animal |
owned by him or her or by a member of his or her household. |
(50) "Wholesaler" means a person who sells, vends, or distributes at wholesale, or as a |
jobber, broker agent, or distributor, or for resale in any manner in this state any controlled |
substance. |
21-28-1.02. Definitions. [Effective January 1, 2023.] |
Unless the context otherwise requires, the words and phrases as defined in this section are |
used in this chapter in the sense given them in the following definitions: |
(1) "Administer" refers to the direct application of controlled substances to the body of a |
patient or research subject by: |
(i) A practitioner, or, in his or her presence by his or her authorized agent; or |
(ii) The patient or research subject at the direction and in the presence of the practitioner |
whether the application is by injection, inhalation, ingestion, or any other means. |
(2) "Agent" means an authorized person who acts on behalf of, or at the direction of, a |
manufacturer, wholesaler, distributor, or dispenser; except that these terms do not include a |
common or contract carrier or warehouse operator, when acting in the usual and lawful course of |
the carrier's or warehouse operator's business. |
(3) "Apothecary" means a registered pharmacist as defined by the laws of this state and, |
where the context requires, the owner of a licensed pharmacy or other place of business where |
controlled substances are compounded or dispensed by a registered pharmacist; and includes |
registered assistant pharmacists as defined by existing law, but nothing in this chapter shall be |
construed as conferring on a person who is not registered as a pharmacist any authority, right, or |
privilege that is not granted to him or her by the pharmacy laws of the state. |
(4) "Automated data processing system" means a system utilizing computer software and |
hardware for the purposes of record keeping. |
(5) "Computer" means programmable electronic device capable of multi-functions, |
including, but not limited to: storage, retrieval, and processing of information. |
(6) "Control" means to add a drug or other substance or immediate precursor to a schedule |
under this chapter, whether by transfer from another schedule or otherwise. |
(7) "Controlled substance" means a drug, substance, immediate precursor, or synthetic drug |
in schedules I – V of this chapter. The term shall not include distilled spirits, wine, or malt |
beverages, as those terms are defined or used in chapter 1 of title 3, nor tobacco. |
(8) "Co-prescribing" means issuing a prescription for an opioid antagonist along with a |
prescription for an opioid analgesic. |
(9) "Counterfeit substance" means a controlled substance that, or the container or labeling |
of which, without authorization bears the trademark, trade name, or other identifying mark, imprint, |
number, or device, or any likeness of them, of a manufacturer, distributor, or dispenser, other than |
the person or persons who in fact manufactured, distributed, or dispensed the substance and that |
thereby falsely purports or is represented to be the product of, or to have been distributed by, the |
other manufacturer, distributor, or dispenser, or which substance is falsely purported to be or |
represented to be one of the controlled substances by a manufacturer, distributor, or dispenser. |
(10) "CRT" means cathode ray tube used to impose visual information on a screen. |
(11) "Deliver" or "delivery" means the actual, constructive, or attempted transfer of a |
controlled substance or imitation controlled substance, whether or not there exists an agency |
relationship. |
(12) "Department" means the department of health of this state. |
(13) "Depressant or stimulant drug" means: |
(i) A drug that contains any quantity of: |
(A) Barbituric acid or derivatives, compounds, mixtures, or preparations of barbituric acid; |
and |
(B) "Barbiturate" or "barbiturates" includes all hypnotic and/or somnifacient drugs, |
whether or not derivatives of barbituric acid, except that this definition shall not include bromides |
and narcotics. |
(ii) A drug that contains any quantity of: |
(A) Amphetamine or any of its optical isomers; |
(B) Any salt of amphetamine and/or desoxyephedrine or any salt of an optical isomer of |
amphetamine and/or desoxyephedrine, or any compound, mixture, or preparation of them. |
(iii) A drug that contains any quantity of coca leaves. "Coca leaves" includes cocaine, or |
any compound, manufacture, salt, derivative, mixture, or preparation of coca leaves, except |
derivatives of coca leaves, that do not contain cocaine, ecgonine, or substance from which cocaine |
or ecgonine may be synthesized or made. |
(iv) Any other drug or substance that contains any quantity of a substance that the attorney |
general of the United States, or the director of health, after investigation, has found to have, or by |
regulation designates as having, a potential for abuse because of its depressant or stimulant effect |
on the central nervous system. |
(14) "Director" means the director of health. |
(15) "Dispense" means to deliver, distribute, leave with, give away, or dispose of a |
controlled substance to the ultimate user or human research subject by or pursuant to the lawful |
order of a practitioner, including the packaging, labeling, or compounding necessary to prepare the |
substance for that delivery. |
(16) "Dispenser" is a practitioner who delivers a controlled substance to the ultimate user |
or human research subject. |
(17) "Distribute" means to deliver (other than by administering or dispensing) a controlled |
substance or an imitation controlled substance and includes actual constructive, or attempted |
transfer. "Distributor" means a person who so delivers a controlled substance or an imitation |
controlled substance. |
(18) "Downtime" means that period of time when a computer is not operable. |
(19) "Drug addicted person" means a person who exhibits a maladaptive pattern of |
behavior resulting from drug use, including one or more of the following: impaired control over |
drug use; compulsive use; and/or continued use despite harm, and craving. |
(20) "Drug Enforcement Administration" means the Drug Enforcement Administration, |
United States Department of Justice or its successor. |
(21) "Federal law" means the Comprehensive Drug Abuse Prevention and Control Act of |
1970, (84 stat. 1236) (see generally 21 U.S.C. § 801 et seq.), and all regulations pertaining to that |
federal act. |
(22) "Hardware" means the fixed component parts of a computer. |
(23) "Hospital" means an institution as defined in chapter 17 of title 23. |
(24) "Imitation controlled substance" means a substance that is not a controlled substance, |
that by dosage unit, appearance (including color, shape, size, and markings), or by representations |
made, would lead a reasonable person to believe that the substance is a controlled substance and, |
which imitation controlled substances contain substances that if ingested, could be injurious to the |
health of a person. In those cases when the appearance of the dosage unit is not reasonably sufficient |
to establish that the substance is an "imitation controlled substance" (for example in the case of |
powder or liquid), the court or authority concerned should consider, in addition to all other logically |
relevant factors, the following factors as related to "representations made" in determining whether |
the substance is an "imitation controlled substance": |
(i) Statement made by an owner, possessor, transferor, recipient, or by anyone else in |
control of the substance concerning the nature of the substance, or its use or effect. |
(ii) Statements made by the owner, possessor, or transferor, to the recipient that the |
substance may be resold for substantial profit. |
(iii) Whether the substance is packaged in a manner reasonably similar to packaging of |
illicit controlled substances. |
(iv) Whether the distribution or attempted distribution included an exchange of or demand |
for money or other property as consideration, and whether the amount of the consideration was |
substantially greater than the reasonable value of the non-controlled substance. |
(25) "Immediate precursor" means a substance: |
(i) That the director of health has found to be, and by regulation designated as being, the |
principal compound used, or produced primarily for use, in the manufacture of a controlled |
substance; |
(ii) That is an immediate chemical intermediary used or likely to be used in the manufacture |
of those controlled substances; and |
(iii) The control of which is necessary to prevent, curtail, or limit the manufacture of that |
controlled substance. |
(26) "Laboratory" means a laboratory approved by the department of health as proper to be |
entrusted with controlled substances and the use of controlled substances for scientific and medical |
purposes and for the purposes of instruction. |
(27) "Manufacture" means the production, preparation, propagation, cultivation, |
compounding, or processing of a drug or other substance, including an imitation controlled |
substance, either directly or indirectly or by extraction from substances of natural origin, or |
independently by means of chemical synthesis or by a combination of extraction and chemical |
synthesis and includes any packaging or repackaging of the substance or labeling or relabeling of |
its container in conformity with the general laws of this state except by a practitioner as an incident |
to his or her administration or dispensing of the drug or substance in the course of his or her |
professional practice. |
(28) "Manufacturer" means a person who manufactures but does not include an apothecary |
who compounds controlled substances to be sold or dispensed on prescriptions. |
(29) "Marijuana" means all parts of the plant cannabis sativa L., whether growing or not; |
the seeds of the plant; the resin extracted from any part of the plant; and every compound, |
manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin, but shall not |
include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the |
seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of |
mature stalks, (except the resin extracted from it), fiber, oil or cake, or the sterilized seed from the |
plant which is incapable of germination. Marijuana shall not include "industrial hemp" or |
"industrial hemp products" which satisfy the requirements of chapter 26 of title 2. |
(30) "Narcotic drug" means any of the following, whether produced directly or indirectly |
by extraction from substances of vegetable origin, or independently by means of chemical synthesis |
or by a combination of extraction and chemical synthesis: |
(i) Opium and opiates. |
(ii) A compound, manufacture, salt, derivative, or preparation of opium or opiates. |
(iii) A substance (and any compound, manufacture, salt, derivative, or preparation of it) |
that is chemically identical with any of the substances referred to in paragraphs (i) and (ii) of this |
subdivision subsections (30)(i) and (30)(ii). |
(iv) Any other substance that the attorney general of the United States, or his or her |
successor, or the director of health, after investigation, has found to have, and by regulation |
designates as having, a potential for abuse similar to opium and opiates. |
(31) "Official written order" means an order written on a form provided for that purpose |
by the Drug Enforcement Administration under any laws of the United States making provision for |
an official form, if order forms are authorized and required by federal law, and if no order form is |
provided then on an official form provided for that purpose by the director of health. |
(32) "Opiate" means any substance having an addiction-forming or addiction-sustaining |
liability similar to morphine or being capable of conversion into a drug having addiction-forming |
or addiction-sustaining liability. |
(33) "Opioid analgesics" means and includes, but is not limited to, the medicines |
buprenophine, butorphanol, codeine, hydrocodone, hydromorphone, levorphanol, meperidine, |
methadone, morphine, nalbuphine, oxycodone, oxymorphone, pentazocine, propoxyphene as well |
as their brand names, isomers, and combinations, or other medications approved by the department. |
(34) "Opioid antagonist" means naloxone hydrochloride and any other drug approved by |
the United States Food and Drug Administration for the treatment of opioid overdose. |
(35) "Opium poppy" means the plant of the species papaver somniferum L., except the |
seeds of the plant. |
(36) "Ounce" means an avoirdupois ounce as applied to solids and semi-solids, and a fluid |
ounce as applied to liquids. |
(37) "Person" means any corporation, association, partnership, or one or more individuals. |
(38) "Physical dependence" means a state of adaptation that is manifested by a drug class |
specific withdrawal syndrome that can be produced by abrupt cessation, rapid dose reduction, |
decreasing blood level of the drug, and/or administration of an antagonist. |
(39) "Poppy straw" means all parts, except the seeds, of the opium poppy, after mowing. |
(40) "Practitioner" means: |
(i)(ii) A physician, osteopath, dentist, chiropodist, veterinarian, scientific investigator, or |
other person licensed, registered, or permitted to distribute, dispense, conduct research with respect |
to or to administer a controlled substance in the course of professional practice or research in this |
state. |
(41) "Printout" means a hard copy produced by computer that is readable without the aid |
of any special device. |
(42) "Production" includes the manufacture, planting, cultivation, growing, or harvesting |
of a controlled substance. |
(43) "Researcher" means a person authorized by the director of health to conduct a |
laboratory as defined in this chapter. |
(44) "Sell" includes sale, barter, gift, transfer, or delivery in any manner to another, or to |
offer or agree to do the same. |
(45) "Software" means programs, procedures, and storage of required information data. |
(46) "Synthetic drugs" means any synthetic cannabinoids or piperazines or any synthetic |
cathinones as provided for in schedule I. |
(47) "Ultimate user" means a person who lawfully possesses a controlled substance for his |
or her own use or for the use of a member of his or her household, or for administering to an animal |
owned by him or her or by a member of his or her household. |
(48) "Wholesaler" means a person who sells, vends, or distributes at wholesale, or as a |
jobber, broker agent, or distributor, or for resale in any manner in this state any controlled |
substance. |
SECTION 4. Section 21-28.5-2 of the General Laws in Chapter 21-28.5 entitled "Sale of |
Drug Paraphernalia" is hereby amended to read as follows: |
21-28.5-2. Manufacture or delivery of drug paraphernalia – Penalty. |
It is unlawful for any person to deliver, sell, possess with intent to deliver, or sell, or |
manufacture with intent to deliver, or sell drug paraphernalia, knowing that it will be used to plant, |
propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, |
test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or introduce into the human |
body a controlled substance in violation of chapter 28 of this title. A violation of this section shall |
be punishable by a fine not exceeding five thousand dollars ($5,000) or imprisonment not exceeding |
two (2) years, or both. |
Notwithstanding any other provision of the general laws, the sale, manufacture, or delivery |
of drug paraphernalia to a person acting in accordance with chapter 28.6 of this title 21 shall not |
be considered a violation of this chapter. |
SECTION 5. Sections 21-28.6-3, 21-28.6-4, 21-28.6-5, 21-28.6-6, 21-28.6-7, 21-28.6-8, |
21-28.6-9, 21-28.6-12, 21-28.6-14, 21-28.6-15, 21-28.6-16, 21-28.6-16.2 and 21-28.6-17 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) "Authorized purchaser" means a natural person who is at least twenty-one (21) years |
old and who is registered with the department of health for the purposes of assisting a qualifying |
patient in purchasing marijuana from a compassion center. An authorized purchaser may assist no |
more than one patient, and is prohibited from consuming marijuana obtained for the use of the |
qualifying patient. An authorized purchaser shall be registered with the department of health and |
shall possesses a valid registry identification card. |
(2) "Cannabis" means all parts of the plant of the genus marijuana, also known as marijuana |
sativa L. whether growing or not; the seeds thereof; the resin extracted from any part of the plant; |
and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, |
or resin regardless of cannabinoid content or cannabinoid potency including "marijuana,", and |
"industrial hemp" or "industrial hemp products" which satisfy the requirements of chapter 26 of |
title 2. |
(3) "Cannabis testing laboratory" means a third-party analytical testing laboratory licensed |
by the department of health, in coordination with the department of business regulation, to collect |
and test samples of cannabis. |
(2)(4) "Cardholder" means a person who has been registered or licensed with the |
department of health or the department of business regulation pursuant to this chapter and possesses |
a valid registry identification card or license. |
(3)(5) "Commercial unit" means a building, office, suite, or room other space within a |
commercial or industrial building, for use by one business or person and is rented or owned by that |
business or person. |
(4)(6)(i) "Compassion center" means a not-for-profit corporation, subject to the provisions |
of chapter 6 of title 7, and registered is licensed under § 21-28.6-12, that acquires, possesses, |
cultivates, manufactures, delivers, transfers, transports, supplies, or dispenses medical marijuana, |
and/or related supplies and educational materials, to patient cardholders and/or their registered |
caregiver, cardholder or authorized purchaser. |
(ii) "Compassion center cardholder" means a principal officer, board member, employee, |
volunteer, or agent of a compassion center who has registered with the department of health or the |
department of business regulation and has been issued and possesses a valid, registry identification |
card. |
(5)(7) "Debilitating medical condition" means: |
(i) Cancer, glaucoma, positive status for human immunodeficiency virus, acquired immune |
deficiency syndrome, Hepatitis C, post-traumatic stress disorder, 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 of health, as |
provided for in § 21-28.6-5. |
(6)(8) "Department of business regulation" means the office of cannabis regulation within |
the Rhode Island department of business regulation or its successor agency. |
(7)(9) "Department of health" means the Rhode Island department of health or its successor |
agency. |
(8)(10) "Department of public safety" means the Rhode Island department of public safety |
or its successor agency. |
(9)(11) "Dried, useable marijuana" means the dried leaves and flowers of the marijuana |
plant as defined by regulations promulgated by the department of business regulation health. |
(10)(12) "Dwelling unit" means the room, or group of rooms, within a residential dwelling |
used or intended for use by one family or household, or by no more than three (3) unrelated |
individuals, with facilities for living, sleeping, sanitation, cooking, and eating. |
(11)(13) "Equivalent amount" means the portion of usable marijuana, be it in extracted, |
edible, concentrated, or any other form, found to be equal to a portion of dried, usable marijuana, |
as defined by regulations promulgated by the department of business regulation health. |
(12)"Licensed cultivator" means a person, as identified in § 43-3-6, who has been licensed |
by the department of business regulation to cultivate marijuana pursuant to § 21-28.6-16. |
(13) "Marijuana" has the meaning given that term in § 21-28-1.02(30). |
(14) "Mature marijuana plant" means a marijuana plant that has flowers or buds that are |
readily observable by an unaided visual examination. |
(15)(14) "Medical marijuana testing laboratory" means a third-party analytical testing |
laboratory licensed by the department of health to collect and test samples of medical marijuana |
pursuant to regulations promulgated by the department. "Immature marijuana plant" means a |
marijuana plant, rooted or unrooted, with no observable flower or buds. |
(15) "Licensed medical marijuana cultivator" means a person or entity, as identified in § |
43-3-6, who or that has been licensed by the department of business regulation to cultivate medical |
marijuana pursuant to § 21-28.6-16. |
(16) "Marijuana" has the meaning given that term in § 21-28-1.02. |
(17) "Marijuana establishment licensee" means any person or entity licensed by the |
department of business regulation under chapter 28.6 of title 21 this chapter whose license permits |
it to engage in or conduct activities in connection with the medical marijuana program. "Marijuana |
establishment licensees" shall include compassion centers, medical marijuana cultivators, and |
cannabis testing laboratories. |
(18) "Mature marijuana plant" means a marijuana plant that has flowers or buds that are |
readily observable by an unaided visual examination. |
(19) "Medical marijuana emporium" means any establishment, facility or club, whether |
operated for-profit or nonprofit, or any commercial unit, at which the sale, distribution, transfer, or |
use of medical marijuana or medical marijuana products is proposed and/or occurs to, by or among |
registered patients, registered caregivers, authorized purchaser cardholders or any other person. |
This shall not include a compassion center regulated and licensed by the department of business |
regulation pursuant to the terms of this chapter. |
(20) "Medical marijuana" means marijuana and marijuana products which that satisfy the |
requirements of this chapter and have been given the designation of "medical marijuana" due to |
dose, potency, form. Medical marijuana products are only available for use by patient cardholders, |
and may only be sold to or possessed by patient cardholders, or their registered caregiver, or |
authorized purchaser in accordance with this chapter. Medical marijuana may not be sold to, |
possessed by, manufactured by, or used except as permitted under this chapter. |
(21) "Medical marijuana plant tag set" or "plant tag" means any tag, identifier, registration, |
certificate, or inventory tracking system authorized or issued by the department or which the |
department requires be used for the lawful possession and cultivation of medical marijuana plants |
in accordance with this chapter. |
(16)(22) "Medical use" means the acquisition, possession, cultivation, manufacture, use, |
delivery, transfer, or transportation of medical marijuana or paraphernalia relating to the |
consumption of marijuana to alleviate a patient cardholder's debilitating medical condition or |
symptoms associated with the medical condition in accordance with the provisions of this chapter. |
(17)(23) "Practitioner" means a person who is licensed with authority to prescribe drugs |
pursuant to chapters 34, 37, and 54 of title 5, who may provide a qualifying patient with a written |
certification in accordance with regulations promulgated by the department of health or a physician |
licensed with authority to prescribe drugs in Massachusetts or Connecticut. |
(18)(24) "Primary caregiver" means a natural person who is at least twenty-one (21) years |
old. A primary caregiver who is registered under this chapter in order to, and who may, assist one |
qualifying patient, but no more than five (5) qualifying patients patients, with their medical use of |
marijuana, provided that a qualified patient may also serve as his or her own primary caregiver |
subject to the registration and requirements set forth in § 21-28.6-4. |
(19)(25) "Qualifying patient" means a person who has been diagnosed certified by a |
practitioner as having a debilitating medical condition and is a resident of Rhode Island. |
(20)(26) "Registry identification card" means a document issued by the department of |
health or the department of business regulation, as applicable, that identifies a person as a registered |
qualifying patient, a registered primary caregiver, or authorized purchaser, or a document issued |
by the department of business regulation or department of health that identifies a person as a |
registered principal officer, board member, employee, volunteer, or agent of a compassion center, |
licensed medical marijuana cultivator, cannabis testing lab, or any other medical marijuana |
licensee. |
(21) "Seedling" means a marijuana plant with no observable flowers or buds. |
(22)(27) "Unusable marijuana" means marijuana seeds, stalks, seedlings and unusable |
roots and shall not count towards any weight-based possession limits established in the this chapter. |
(23)(28) "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. |
(24)(29) "Wet marijuana" means the harvested leaves and flowers of the marijuana plant |
before they have reached a dry useable state, as defined by regulations promulgated by the |
departments department of health and department of business regulation. |
(25)(30) "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 which may include the qualifying patient's relevant |
medical records. |
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, solely for the medical use of medical |
marijuana; provided |
(1) Before July 1, 2019, that the The qualifying patient cardholder possesses an amount of |
medical marijuana that does not exceed twelve (12) mature marijuana plants and twelve (12) |
immature marijuana plants that are accompanied by valid medical marijuana plant tags, two and |
one-half (2.5) ounces (2.5 oz.) of dried usable medical marijuana, or its equivalent amount which |
satisfies the requirements of this chapter, and an amount of wet medical marijuana to be set by |
regulations promulgated by the departments department of health and business regulation. Said |
The plants shall be stored in an indoor facility. Marijuana plants and the marijuana they produce |
shall only be grown, stored, manufactured, and processed in accordance with regulations |
promulgated by the department of business regulation; and |
(b) An authorized purchaser 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 possession of medical marijuana; provided that the |
authorized purchaser possesses an amount of medical marijuana that does not exceed two and one- |
half (2.5) ounces of usable medical marijuana, or its equivalent amount, and this medical marijuana |
was purchased legally from a compassion center for the use of their designated qualifying patient. |
(c) 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 selling, giving, or distributing, on or |
before December 31, 2016, to a compassion center cardholder, medical marijuana of the type, and |
in an amount not to exceed, that set forth in subsection (a), that he or she has cultivated or |
manufactured pursuant to this chapter. |
(d) 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, manufactures, |
processes, smokes, or vaporizes medical marijuana in the leased premises. |
(e) No employer may refuse to employ, or otherwise penalize, a person solely for his or |
her status as a cardholder, except: |
(1) To the extent employer action is taken with respect to such person's: |
(i) Use or possession of marijuana or being under the influence of marijuana in any |
workplace; |
(ii) Undertaking a task under the influence of marijuana when doing so would constitute |
negligence or professional malpractice or jeopardize workplace safety; |
(iii) Operation, navigation, or actual physical control of any motor vehicle or other |
transport vehicle, aircraft, motorboat, machinery or equipment, or firearms while under the |
influence of marijuana; or |
(iv) Violation of employment conditions pursuant to the terms of a collective bargaining |
agreement; or |
(2) Where the employer is a federal contractor or otherwise subject to federal law such that |
failure of the employer to take such action against the employee would cause the employer to lose |
a monetary or licensing related benefit. |
(e)(f) 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 patient cardholder, to |
whom he or she is connected through the department of health or department of business |
regulation's registration process, with the medical use of medical marijuana; provided, that; the |
primary caregiver cardholder possesses an amount of marijuana that does not exceed twelve (12) |
mature marijuana plants that are accompanied by valid medical marijuana tags, two and one-half |
(2.5) ounces of usable marijuana, or its equivalent amount, and an amount of wet marijuana set in |
regulations promulgated by the departments of health and business regulation for each qualified |
patient cardholder to whom he or she is connected through the department of health registration |
process. |
(f)(g) A qualifying patient cardholder shall be allowed to possess a reasonable amount of |
unusable marijuana, including up to twelve (12) seedlings immature marijuana plants that are |
accompanied by valid medical marijuana tags. A primary caregiver cardholder shall be allowed to |
possess a reasonable amount of unusable marijuana, including up to twenty-four (24) seedlings |
immature marijuana plants that are accompanied by valid medical marijuana tags and an amount |
of wet marijuana set in regulations promulgated by the departments of health and business |
regulation. |
(g)(h) There shall exist a presumption that a cardholder is engaged in the medical use of |
marijuana if the 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. |
(h)(i) A primary caregiver cardholder may receive reimbursement for costs associated with |
assisting a qualifying patient cardholder's medical use of marijuana. A primary caregiver |
cardholder may only receive reimbursement for the actual costs of goods, materials, services or |
utilities for which they have incurred expenses. A primary caregiver may not receive |
reimbursement or compensation for his or her time, knowledge, or expertise. Compensation shall |
not constitute sale of controlled substances under state law. The department of business regulation |
may promulgate regulations for the documentation and tracking of reimbursements and the transfer |
of medical marijuana between primary caregivers and their registered patients. |
(i)(j) 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, on or |
before December 31, 2016, to a compassion center cardholder, marijuana, of the type, and in an |
amount not to exceed that set forth in subsection (e)(f), if: |
(1) The primary caregiver cardholder cultivated the marijuana pursuant to this chapter, not |
to exceed the limits of subsection (e)(f); and |
(2) Each qualifying patient cardholder the primary caregiver cardholder is connected with |
through the department of health'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). |
(j)(k) 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 other business an employer |
or occupational or professional licensing board or bureau solely for providing written certifications |
in accordance with this chapter and regulations promulgated by the department of health, 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. |
(k)(l) Any interest in, or right to, property that is possessed, owned, or used in connection |
with the lawful medical use of marijuana, or acts incidental to such use, shall not be forfeited. |
(l)(m) 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 qualifying patient cardholder with using or administering marijuana. |
(m)(n) A practitioner licensed with authority to prescribed drugs pursuant to chapters 34, |
37 and 54 of title 5, or pharmacist licensed under chapter 19.1 of title 5, or certified school nurse |
teacher, 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 an employer a |
business or occupational or professional licensing board or bureau solely for: Discussing |
(1) Discussing the benefits or health risks of medical marijuana or its interaction with |
other substances with a patient.; or |
(2) Administering a non-smokable and non-vaporized form of medical marijuana in a |
school setting to a qualified patient registered in accordance with this chapter 28.6 of title 21. |
(n)(o) A qualifying patient or primary caregiver 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. |
(o)(p) Notwithstanding the provisions of subsection (e)(f), no primary caregiver cardholder |
shall Possess possess an amount of marijuana in excess of twenty-four (24) mature marijuana plants |
that are accompanied by valid medical marijuana tags and five (5) ounces of usable marijuana, or |
its equivalent, and an amount of wet medical marijuana set in regulations promulgated by the |
departments of health and business regulation for patient cardholders to whom he or she is |
connected through the department of health and/or department of business regulation registration |
process. |
(p)(q) A qualifying patient or primary caregiver cardholder may give marijuana to another |
qualifying patient or 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 this section. |
(q)(r) Qualifying patient cardholders and primary caregiver cardholders who are authorized |
to grow marijuana shall only grow at one premises, and this premises shall be registered with the |
department of health business regulation. Except for licensed compassion centers, and licensed |
cooperative cultivations., and licensed cultivators, no more than twenty four (24) mature marijuana |
plants that are accompanied by valid medical marijuana tags shall be grown or otherwise located |
at any one dwelling unit or commercial unit. The number of qualifying patients or primary |
caregivers residing, owning, renting, growing, or otherwise operating at a dwelling or commercial |
unit does not affect this limit. The department of health business regulation shall promulgate |
regulations to enforce this provision. |
(r)(s) For the purposes of medical care, including organ transplants, a 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. |
(s)(t) Notwithstanding any other provisions of the general laws, the manufacture of |
marijuana using a solvent extraction process that includes the use of a compressed, flammable gas |
as a solvent by a patient cardholder or primary caregiver cardholder shall not be subject to the |
protections of this chapter. |
(t)(u) Notwithstanding any provisions to the contrary, nothing in this chapter or the general |
laws shall restrict or otherwise affect the manufacturing, distribution, transportation, sale, |
prescribing, and dispensing of a product that has been approved for marketing as a prescription |
medication by the U.S. Food and Drug Administration and legally prescribed, nor shall hemp, as |
defined in in accordance with chapter 26 of title 2 § 2-26-3, be defined as marijuana or marihuana |
pursuant to this chapter, chapter 28 of this title or elsewhere in the general laws. |
21-28.6-5. Departments of health to issue regulations Departments of health and |
business regulation to issue regulations. |
(a) Not later than ninety (90) days after the effective date of this chapter, the department of |
health 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 of health shall include public notice of, and an opportunity to |
comment in a public hearing, upon such petitions. The department of health 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 of health 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 § 21-28.6-3(5). 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 |
of health shall promulgate regulations governing the manner in which it shall consider applications |
for, and renewals of, registry identification cards for qualifying patients, primary caregivers, and |
authorized purchasers. The department of health's regulations shall establish application and |
renewal fees that generate revenues sufficient to offset all expenses of implementing and |
administering this chapter. The department of health may vary the application and renewal fees |
along a sliding scale that accounts for a qualifying patient's or caregiver's income. The department |
of health may accept donations from private sources in order to reduce the application and renewal |
fees. |
(c) Not later than October 1, 2019, the department of business regulation shall promulgate |
regulations not inconsistent with law, to carry into effect the provisions of this section, governing |
the manner in which it shall consider applications for, and renewals of, registry identification cards |
for primary caregivers. The department of business regulation's regulations shall establish |
application and renewal fees. The department of business regulation may vary the application and |
renewal fees along a sliding scale that accounts for a qualifying patient's or caregiver's income. The |
department of business regulation may accept donations from private sources in order to reduce the |
application and renewal fees. |
21-28.6-6. Administration of departments of health and business regulation |
regulations. |
(a) The department of health shall issue registry identification cards to qualifying patients |
who submit the following, in accordance with the department's regulations. Applications shall |
include but not be limited to: |
(1) Written certification as defined in § 21-28.6-3(25) of this chapter; |
(2) Application fee, as applicable; |
(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; |
(5) Whether the patient elects to grow medical marijuana plants for himself or herself; and |
(6) Name, address, and date of birth of one primary caregiver of the qualifying patient and |
any authorized purchaser for the qualifying patient, if any primary caregiver or authorized |
purchaser is chosen by the patient or allowed in accordance with regulations promulgated by the |
department departments of health or business regulation. |
(b) The department of health 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 the qualifying patient's primary caregiver or authorized purchaser; 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 of health shall renew registry identification cards to qualifying patients |
in accordance with regulations promulgated by the department of health and subject to payment of |
any applicable renewal fee. |
(d) The department of health shall not issue a registry identification card to a qualifying |
patient seeking treatment for post-traumatic stress disorder (PTSD) under the age of eighteen (18). |
(e) The department of health 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 thirty-five (35) 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, or that the renewing applicant |
has violated this chapter under their previous registration. 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. |
(f) If the qualifying patient's practitioner notifies the department of health in a written |
statement that the qualifying patient is eligible for hospice care or chemotherapy, the department |
of health and department of business regulation, as applicable, shall give priority to these |
applications when verifying the information in accordance with subsection (e) and issue a registry |
identification card to these qualifying patients, primary caregivers and authorized purchasers within |
seventy-two (72) hours of receipt of the completed application. The departments shall not charge a |
registration fee to the patient, caregivers or authorized purchasers named in the application. The |
department of health may identify through regulation a list of other conditions qualifying a patient |
for expedited application processing. |
(g) Following the promulgation of regulations pursuant to § 21-28.6-5(c), the The |
department of health shall department of business regulation may issue or renew a registry |
identification card to the qualifying patient cardholder's primary caregiver, if any, who is named in |
the qualifying patient's approved application The department of business regulation shall verify the |
information contained in applications and renewal forms submitted pursuant to this chapter prior |
to issuing any registry identification card. The department of business regulation may deny an |
application or renewal if the applicant or appointing patient did not provide the information |
required pursuant to this section, or if the department determines that the information provided was |
falsified, or if the applicant or appointing patient has violated this chapter under his or her previous |
registration or has otherwise failed to satisfy the application or renewal requirements. |
(1) A primary caregiver applicant or an authorized purchaser applicant shall apply to the |
bureau of criminal identification of the department of attorney general, department of public safety |
division of 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 subdivision subsection (g)(4)(5) of this section, and in |
accordance with the rules promulgated by the director, the bureau of criminal identification of the |
department of attorney general, department of public safety division of 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 of business regulation or department of health, as applicable, 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, department of public safety division |
of state police, or the local police shall inform the applicant and the department of business |
regulation or department of health, as applicable, in writing, of this fact. |
(3) The department of health or department of business regulation, as applicable, shall |
maintain on file evidence that a criminal records check has been initiated on all applicants seeking |
a primary caregiver registry identification card or an authorized purchaser 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 of health |
and department of business regulation, as applicable, shall not require a primary caregiver |
cardholder or an authorized purchaser cardholder to apply for a national criminal records check |
more than once every two (2) years. |
(4) Notwithstanding any other provision of this chapter, the department of business |
regulation or department of health may revoke or refuse to issue any class or type of registry |
identification card or license if it determines that failing to do so would conflict with any federal |
law or guidance pertaining to regulatory, enforcement, and other systems that states, businesses, or |
other institutions may implement to mitigate the potential for federal intervention or enforcement. |
This provision shall not be construed to prohibit the overall implementation and administration of |
this chapter on account of the federal classification of marijuana as a schedule I substance or any |
other federal prohibitions or restrictions. |
(4)(5) Information produced by a national criminal records check pertaining to a conviction |
for any felony offense under chapter 28 of title 21 this title ("Rhode Island Controlled controlled |
Substances substances Act 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 of health or |
department of business regulation, as applicable, disqualifying the applicant. If disqualifying |
information has been found, the department of health or department of business regulation, as |
applicable may use its discretion to issue a primary caregiver registry identification card or an |
authorized purchaser registry identification card if the applicant's connected patient is an immediate |
family member and the card is restricted to that patient only. |
(5)(6) The primary caregiver or authorized purchaser applicant shall be responsible for any |
expense associated with the national criminal records check. |
(6)(7) 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. |
(8) (i) The office of cannabis regulation may adopt rules and regulations based on federal |
guidance provided those rules and regulations are designed to comply with federal guidance and |
mitigate federal enforcement against the registrations and licenses issued under this chapter. |
(ii) All new and revised rules and regulations promulgated by the department of business |
regulation and/or the department of health pursuant to this chapter shall be subject to approval by |
the general assembly prior to enactment. |
(h)(1) On or before December 31, 2016, the department of health shall issue registry |
identification cards within five (5) business days of approving an application or renewal that shall |
expire two (2) years after the date of issuance. |
(ii)(2) Effective January 1, 2017, and thereafter, the department of health or the department |
of business regulation, as applicable, shall issue registry identification cards within five (5) business |
days of approving an application or renewal that shall expire one year after the date of issuance. |
(iii)(3) Registry identification cards shall contain: |
(1)(i) The date of issuance and expiration date of the registry identification card; |
(2)(ii) A random registry identification number; |
(3)(iii) A photograph; and |
(4)(iv) Any additional information as required by regulation or the department of health or |
business regulation as applicable. |
(i) Persons issued registry identification cards by the department of health or department |
of business regulation shall be subject to the following: |
(1) A qualifying patient cardholder shall notify the department of health of any change in |
his or her name, address, primary caregiver, or authorized purchaser; or if he or she ceases to have |
his or her debilitating medical condition, within ten (10) days of such the change. |
(2) A qualifying patient cardholder who fails to notify the department of health 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 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 primary caregiver cardholder or authorized purchaser shall notify the issuing |
department of health of any change in his or her name or address within ten (10) days of such the |
change. A primary caregiver cardholder or authorized purchaser who fails to notify the issuing |
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 health or department of business regulation, as applicable, of any changes listed in |
this subsection, the department of health or department of business regulation, as applicable, shall |
issue the 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. |
(5) When a qualifying patient cardholder changes his or her primary caregiver or authorized |
purchaser, the department of health or department of business regulation, as applicable, shall notify |
the primary caregiver cardholder or authorized purchaser within ten (10) days. The primary |
caregiver cardholder's protections as provided in this chapter as to that patient shall expire ten (10) |
days after notification by the issuing department. If the primary caregiver cardholder or authorized |
purchaser is connected to no other qualifying patient cardholders in the program, he or she must |
return his or her registry identification card to the issuing department. |
(6) If a cardholder or authorized purchaser loses his or her registry identification card, he |
or she shall notify the department that issued the card and submit a ten-dollar ($10.00) fee within |
ten (10) days of losing the card. Within five (5) days, the department of health or department of |
business regulation shall issue a new registry identification card with new random identification |
number. |
(7) Effective January 1, 2019, if a patient cardholder chooses to alter his or her registration |
with regard to the growing of medical marijuana for himself or herself, he or she shall notify the |
department prior to the purchase of medical marijuana tags or the growing of medical marijuana |
plants. |
(8) If a cardholder or authorized purchaser willfully violates any provision of this chapter |
as determined by the department of health or the department of business regulation, his or her |
registry identification card may be revoked. |
(j) 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. |
(k)(1) Applications and supporting information submitted by qualifying patients, including |
information regarding their primary caregivers, authorized purchaser, and practitioners, are |
confidential and protected under in accordance with the federal Health Insurance Portability and |
Accountability Act of 1996, as amended, and shall be exempt from the provisions of chapter 2 of |
title 38 et seq. (Rhode Island access to public records act) and not subject to disclosure, except to |
authorized employees of the departments of health and business regulation as necessary to perform |
official duties of the department departments, and pursuant to subsection subsections (l) and (m). |
(2) The application for qualifying patient's registry identification card shall include a |
question asking whether the patient would like the department of health to notify him or her of any |
clinical studies about marijuana's risk or efficacy. The department of health 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 of health may also notify those patients of medical studies |
conducted outside of Rhode Island. |
(3) The department of health and the department of business regulation, as applicable, shall |
maintain a confidential list of the persons to whom the department of health or department of |
business regulation has issued authorized patient, primary caregiver, and authorized purchaser |
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 |
departments of health and business regulation as necessary to perform official duties of the |
department departments and pursuant to subsections (l) and (m) of this section. |
(l) Notwithstanding subsection subsections (k) and (m) of this section, the departments of |
health and business regulation, as applicable, shall verify to law enforcement personnel whether a |
registry identification card is valid and may provide additional information to confirm whether a |
cardholder is compliant with the provisions of this chapter and the regulations promulgated |
hereunder. solely by confirming the random registry identification number or name. The |
department of business regulation shall verify to law enforcement personnel whether a registry |
identification card is valid and may confirm whether the cardholder is compliant with the provisions |
of this chapter and the regulations promulgated hereunder. This verification may occur through the |
use of a shared database, provided that any medical records or confidential information in this |
database related to a cardholder's specific medical condition is protected in accordance with |
subdivision (k)(1). |
(m) 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 departments |
of health, business regulation, public safety, or another state agency or local government, to breach |
the confidentiality of information obtained pursuant to this chapter. Notwithstanding this provision, |
the department of health and department of business regulation employees may notify law |
enforcement about falsified or fraudulent information submitted to the department or violations of |
this chapter. Nothing in this act shall be construed as to prohibit law enforcement, public safety, |
fire, or building officials from investigating violations of, or enforcing state law. |
(n) On or before the fifteenth day of the month following the end of each quarter of the |
fiscal year, the department of health and the department of business regulation shall report to the |
governor, the speaker of the House house of Representatives representatives, and the president of |
the senate on applications for the use of marijuana for symptom relief. The report shall provide: |
(1) The number of applications for registration as a qualifying patient, primary caregiver, |
or authorized purchaser that have been made to the department of health and the department of |
business regulation during the preceding quarter, the number of qualifying patients, primary |
caregivers, and authorized purchasers approved, the nature of the debilitating medical conditions |
of the qualifying patients, the number of registrations revoked, and the number and specializations, |
if any, of practitioners providing written certification for qualifying patients. |
(o) On or before September 30 of each year, the department of health and the department |
of business regulation, as applicable, shall report to the governor, the speaker of the House house |
of Representatives representatives, and the president of the senate on the use of marijuana for |
symptom relief. The report shall provide: |
(1) The total number of applications for registration as a qualifying patient, primary |
caregiver, or authorized purchaser that have been made to the department of health and the |
department of business regulation, the number of qualifying patients, primary caregivers, and |
authorized purchasers approved, the nature of the debilitating medical conditions of the qualifying |
patients, the number of registrations revoked, and the number and specializations, if any, of |
practitioners providing written certification for qualifying patients; |
(2) The number of active qualifying patient, primary caregiver, and authorized purchaser |
registrations as of June 30 of the preceding fiscal year; |
(3) 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; |
(4) Statistics regarding the number of marijuana-related prosecutions against registered |
patients and caregivers, and an analysis of the facts underlying those prosecutions; |
(5) Statistics regarding the number of prosecutions against physicians for violations of this |
chapter; and |
(6) 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. |
(p) After June 30, 2018, the department of business regulation shall report to the speaker |
of the house, senate president, the respective fiscal committee chairpersons, and fiscal advisors |
within 60 days of the close of the prior fiscal year. The report shall provide: |
(1) The number of applications for registry identification cards to compassion center staff, |
the number approved, denied and the number of registry identification cards revoked, and the |
number of replacement cards issued; |
(2) The number of applications for compassion centers and licensed cultivators; |
(3) The number of marijuana plant tag sets ordered, delivered, and currently held within |
the state; |
(4) The total revenue collections of any monies related to its regulator activities for the |
prior fiscal year, by the relevant category of collection, including enumerating specifically the total |
amount of revenues foregone or fees paid at reduced rates pursuant to this chapter. |
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; |
(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.; |
(4) The operation of a medical marijuana emporium, which is expressly prohibited. |
(b) Nothing in this chapter shall be construed to require: |
(1) A government medical assistance program or private health insurer or workers' |
compensation insurer, workers' compensation group self-insurer, or employer self-insured for |
workers' compensation under § 28-36-1 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. |
21-28.6-8. Affirmative defense and dismissal. |
(a) Except as provided in § 21-28.6-7, a qualifying patient may assert the medical purpose |
for using marijuana as a defense to any prosecution involving marijuana, and such the 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 qualifying patient was compliant with this chapter and all regulations promulgated |
hereunder and 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 qualifying patient's use of marijuana for medical purposes shall not be forfeited if the |
qualifying patient demonstrates the qualifying patient's medical purpose for using marijuana |
pursuant to this section. |
21-28.6-9. Enforcement. |
(a) If the department of health 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 of health or the department of business regulation 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 of health and the department of business regulation shall revoke and |
shall not reissue, the registry identification card of any cardholder or licensee 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 this title ("Rhode Island Controlled |
controlled Substances subsstances Act 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, |
or is in violation of any other section of this chapter or the regulations promulgated hereunder, he |
or she shall may be subject to arrest and prosecution under chapter 28 of title 21 this title ("Rhode |
Island Controlled controlled Substances substances Act act"). |
(e)(1) Notwithstanding any other provision of this chapter, if the director of the department |
of business regulation, or his or her designee, has cause to believe that a violation of any provision |
of this chapter 28.6 of title 21 or the regulations promulgated thereunder has occurred by a licensee |
or registrant under the department's jurisdiction, or that any person or entity is conducting any |
activities requiring licensure or registration by the department of business regulation under this |
chapter 28.6 of title 21 or the regulations promulgated thereunder without such licensure or |
registration, or is otherwise violating any provisions of said that this chapter, the director, or his |
or her designee, may, in accordance with the requirements of the administrative procedures act, |
chapter 35 of title 42: |
(i) With the exception of patient and authorized purchaser registrations, revoke or suspend |
any license or registration issued under chapters 26 of title 2 or 28.6 of title 21 chapter 26 of title |
2; |
(ii) Levy an administrative penalty in an amount established pursuant to regulations |
promulgated by the department of business regulation; |
(iii) Order the violator to cease and desist such actions; |
(iv) Require a licensee or registrant or person or entity conducting any activities requiring |
licensure or registration under this chapter 28.6 of title 21 to take such those actions as are |
necessary to comply with such that this chapter and the regulations promulgated thereunder; or |
(v) Any combination of the above penalties. |
(2) If the director of the department of business regulation finds that public health, safety, |
or welfare imperatively requires emergency action, and incorporates a finding to that effect in his |
or her order, summary suspension of license or registration and/or cease and desist may be ordered |
pending proceedings for revocation or other action. These proceedings shall be promptly instituted |
and determined. |
(f) All cannabis products that are held for sale or distribution within the borders of this state |
in violation of the requirements of this chapter are declared to be contraband goods and may be |
seized by the department of business regulation, the tax administrator, or his or her agents, or |
employees, or by any sheriff, or his or her deputy, or any police officer when requested by the tax |
administrator or the department of business regulation to do so, without a warrant. All contraband |
goods seized by the state under this chapter may be destroyed. |
21-28.6-12. Compassion centers. |
(a) A compassion center registered licensed under this section may acquire, possess, |
cultivate, manufacture, deliver, transfer, transport, supply, or dispense medical marijuana, or |
related supplies and educational materials, to registered qualifying patients and their registered |
primary caregivers or authorized purchasers, or out-of-state patient cardholders or other marijuana |
establishment licensees. Except as specifically provided to the contrary, all provisions of this |
chapter 28.6 of title 21 (the Edward O. Hawkins and Thomas C. Slater Medical medical Marijuana |
marijuana Act act), apply to a compassion center unless they the provision(s) conflict with a |
provision contained in § 21-28.6-12 this section. |
(b) Registration License of compassion centers – authority of the departments of health and |
business regulation: |
(1) Not later than ninety (90) days after the effective date of this chapter, the department |
of health shall promulgate regulations governing the manner in which it shall consider applications |
for registration certificates licenses for compassion centers, including regulations governing: |
(i) The form and content of registration license 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 license 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 chapter, the department of health |
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 chapter, the department |
of health 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 chapter, the |
department of health shall grant a single registration certificate license to a single compassion |
center, providing at least one applicant has applied who meets the requirements of this chapter. |
(5) If at any time after fifteen (15) months after the effective date of this chapter, there is |
no operational compassion center in Rhode Island, the department of health shall accept |
applications, provide for input from the public, and issue a registration certificate license for a |
compassion center if a qualified applicant exists. |
(6) Within two (2) years of the effective date of this chapter, the department of health shall |
begin accepting applications to provide registration certificates license licenses for two (2) |
additional compassion centers. The department shall solicit input from the public, and issue |
registration certificates licenses if qualified applicants exist. |
(7) (i) Any time a compassion center registration certificate license is revoked, is |
relinquished, or expires on or before December 31, 2016, the department of health shall accept |
applications for a new compassion center. |
(ii) Any time a compassion center registration certificate license is revoked, is relinquished, |
or expires on or after January 1, 2017, the department of business regulation shall accept |
applications for a new compassion center. |
(8)(i) If at any time after three (3) years after the effective date of this chapter and on or |
before December 31, 2016, fewer than three (3) compassion centers are holding valid registration |
certificates licenses in Rhode Island, the department of health shall accept applications for a new |
compassion center. If at any time on or after January 1, 2017, fewer than three (3) compassion |
centers are holding valid registration certificates licenses in Rhode Island, the department of |
business regulation shall accept applications for a new compassion center. No more than three (3) |
There shall be nine (9) compassion centers that may hold valid registration certificates licenses at |
one time. If at any time on or after July 1, 2019, fewer than nine (9) compassion centers are holding |
valid licenses in Rhode Island, the department of business regulation shall accept applications for |
new compassion centers and shall continue the process until nine (9) licenses have been issued by |
the department of business regulation. |
(9) Any compassion center application selected for approval by the department of health |
on or before December 31, 2016, or selected for approval by the department of business regulation |
on or after January 1, 2017, 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 departments of health and business regulation subsequent to passage of this |
legislation. |
(10) A licensed cultivator may apply for, and be issued, an available compassion center |
license, provided that the licensed cultivation premises is disclosed on the compassion center |
application as the permitted second location for growing medical marijuana in accordance with § |
21-28.6-12(c)(1) subsection (c)(i) of this section. If a licensed cultivator is issued an available |
compassion center license, their cultivation facility license will merge with and into their |
compassion center license in accordance with regulations promulgated by the department of |
business regulation. Once merged, the cultivation of medical marijuana may then be conducted |
under the compassion center license in accordance with § 21-28.6-12 this section and the |
cultivation license will be considered null and void and of no further force or effect. |
(c) Compassion center and agent applications and registration license: |
(1) Each application for a compassion center shall include be submitted in accordance with |
regulations promulgated by the department of business regulation and shall include, but not be |
limited to: |
(i) A non-refundable application fee paid to the department in the amount of two hundred |
fifty dollars ($250) ten thousand dollars ($10,000); |
(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 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 |
medical 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 that 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)(i) For applications submitted on or before December 31, 2016, any time one or more |
compassion center registration license applications are being considered, the department of health |
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; |
(ii) For applications submitted on or after January 1, 2017, any time one or more |
compassion center registration license applications are being considered, the department of |
business regulation 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 new compassion center certificate license is granted issued, 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 areas throughout the state of Rhode Island. to the |
compassion centers if the applicant were approved; |
(ii) The applicant's ability to provide a steady supply to the registered qualifying patients |
in the state; |
(iii) The applicant's experience running a non-profit or business; |
(iv) The interests of qualifying patients regarding which applicant be granted a registration |
certificate license; |
(v) The interests of the city or town where the dispensary would be located taking into |
consideration need and population; |
(vi) Nothing herein shall prohibit more than one compassion center being geographically |
located in any city or town.; |
(vi)(vii) The sufficiency of the applicant's plans for record keeping and security, which |
records shall be considered confidential health-care healthcare information under Rhode Island |
law and are intended to be deemed protected health-care healthcare information for purposes of |
the Federal Health Insurance Portability and Accountability Act of 1996, as amended; and |
(vii)(viii) The sufficiency of the applicant's plans for safety and security, including |
proposed location, security devices employed, and staffing;. |
(4) A compassion center approved by the department of health on or before December 31, |
2016, shall submit the following to the department before it may begin operations: |
(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; and |
(v) The name, address, and date of birth of any person who will be an agent of, employee, |
or volunteer of the compassion center at its inception. |
(5)(i) A compassion center approved or renewed by the department of business regulation |
on or after January 1, 2017, but before July 1, 2019, shall submit materials pursuant to regulations |
promulgated by the department of business regulation the following to the department before it |
may begin operations: |
(i)(A) A fee paid to the department in the amount of five thousand dollars ($5,000); |
(ii)(B) The legal name and articles of incorporation of the compassion center; |
(iii)(C) The physical address of the compassion center; this may include a second address |
for the secure cultivation of medical marijuana; |
(iv)(D) The name, address, and date of birth of each principal officer and board member of |
the compassion center; |
(v)(E) The name, address, and date of birth of any person who will be an agent of, |
employee, or volunteer of the compassion center at its inception. |
(ii) A compassion center approved or renewed by the department of business regulation on |
or after July 1, 2019, shall submit materials pursuant to regulations promulgated by the department |
of business regulation before it may begin operations, which shall include but not be limited to: |
(A) A fee paid to the department in the amount of five hundred thousand dollars |
($500,000); |
(B) The legal name and articles of incorporation of the compassion center; |
(C) The physical address of the compassion center; this may include a second address for |
the secure cultivation of medical marijuana; |
(D) The name, address, and date of birth of each principal officer and board member of the |
compassion center, and any person who has a direct or indirect ownership interest in any marijuana |
establishment licensee, which ownership interest shall include, but not be limited to, any interests |
arising pursuant to the use of shared management companies, management agreements or other |
agreements that afford third-party management or operational control, or other familial or business |
relationships between compassion center or cultivator owners, members, officers, directors, |
managers, investors, agents, or key persons which that effect dual license interests as determined |
by the department of business regulation; |
(E) The name, address, and date of birth of any person who will be an agent of, employee, |
or volunteer of the compassion center at its inception; and. |
(6) Except as provided in subdivision (7) subsection (c)(7) of this section, the department |
of health or the department of business regulation shall issue each principal officer, board member, |
agent, volunteer, and employee of a compassion center a registry identification card or renewal |
card after receipt of the person's name, address, date of birth; a fee in an amount established by the |
department of health or the department of business regulation; and, except in the case of an |
employee, notification to the department of health or the department of business regulation by the |
department of public safety division of state police, attorney general's office, or local law |
enforcement 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 of health or the department of business regulation |
decides to require one; and. |
(7) Except as provided in this subsection, neither the department of health nor the |
department of business regulation shall issue a registry identification card to any principal officer, |
board member, or 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. If a registry identification card is denied, the compassion center |
will be notified in writing of the purpose for denying the registry identification card. A registry |
identification card may be granted if the offense was for conduct that occurred prior to the |
enactment of the Edward O. Hawkins and Thomas C. Slater Medical medical Marijuana |
marijuana Act 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 medical Marijuana marijuana |
Act act would otherwise have prevented a conviction. |
(i) All registry identification card applicants shall apply to the department of public safety |
division of state police, the attorney general's office, or local law enforcement for a national |
criminal identification records check that shall include fingerprints submitted to the federal bureau |
of investigation. 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 department of health and the department of business regulation, the department |
of public safety division of state police, the attorney general's office, or local law enforcement shall |
inform the applicant, in writing, of the nature of the felony and the department of public safety |
division of state police shall notify the department of health or the department of business |
regulation, 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 department of public safety |
division of state police, the attorney general's office, or local law enforcement shall inform the |
applicant and the department of health or the department of business regulation, in writing, of this |
fact. |
(iii) All registry identification card applicants, except for employees with no ownership, |
equity, financial interest, or managing control of a marijuana establishment license, 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, or any other designation required by the department of business regulation shall expire |
one year after its issuance, or upon the expiration of the registered licensed organization's |
registration certificate license, or upon the termination of the principal officer, board member, |
agent, volunteer, or employee's relationship with the compassion center, whichever occurs first. |
(9) A compassion center cardholder shall notify and request approval from the department |
of business regulation of any change in his or her name or address within ten (10) days of such the |
change. A compassion center cardholder who fails to notify the department of business regulation |
of any of these changes is responsible for a civil infraction, punishable by a fine of no more than |
one hundred fifty dollars ($150). |
(10) When a compassion center cardholder notifies the department of health or the |
department of business regulation 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. |
(11) If a compassion center cardholder loses his or her registry identification card, he or |
she shall notify the department of health or the department of business regulation 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. |
(12) On or before December 31, 2016, a compassion center cardholder shall notify the |
department of health of any disqualifying criminal convictions as defined in subdivision subsection |
(c)(7) of this section. The department of health may choose to suspend and/or revoke his or her |
registry identification card after such the notification. |
(13) On or after January 1, 2017, a compassion center cardholder shall notify the |
department of business regulation of any disqualifying criminal convictions as defined in |
subdivision subsection (c)(7) of this section. The department of business regulation may choose |
to suspend and/or revoke his or her registry identification card after such the notification. |
(14) If a compassion center cardholder violates any provision of this chapter or regulations |
promulgated hereunder as determined by the departments of health and business regulation, his or |
her registry identification card may be suspended and/or revoked. |
(d) Expiration or termination of compassion center: |
(1) On or before December 31, 2016, a compassion center's registration license shall expire |
two (2) years after its registration certificate license is issued. On or after January 1, 2017, a |
compassion center's registration license shall expire one year after its registration certificate license |
is issued. The compassion center may submit a renewal application beginning sixty (60) days prior |
to the expiration of its registration certificate license;. |
(2) The department of health or the department of business regulation 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 subdivisions subsections |
(c)(4) and (c)(5) of this section, including a two hundred fifty thousand dollar ($250,000) fee a |
five-hundred-thousand-dollar ($500,000) fee; |
(ii) The compassion center's registration license has never been suspended for violations |
of this chapter or regulations issued pursuant to this chapter; and |
(iii) The department of health and the department of business regulation find finds that the |
compassion center is adequately providing patients with access to medical marijuana at reasonable |
rates;. |
(3) If the department of health or the department of business regulation determines that any |
of the conditions listed in paragraphs subsections (d)(2)(i) – (iii) of this section have not been |
met, the department shall may begin an open application process for the operation of a compassion |
center. In granting a new registration certificate license, the department of health or the department |
of business regulation shall consider factors listed in subdivision subsection (c)(3) of this section;. |
(4) The department of health or the department of business regulation shall issue a |
compassion center one or more thirty-day (30) temporary registration certificates licenses after that |
compassion center's registration license 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 license; and |
(iii) The compassion center has not had its registration certificate license suspended or |
revoked due to violations of this chapter or regulations issued pursuant to this chapter. |
(5) A compassion center's registry identification card license shall be denied, suspended, |
or 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.; or |
(v) If any compassion center owner, member, officer, director, manager, investor, agent, |
or key person as defined in regulations promulgated by the department of business regulation, has |
any interest, direct or indirect, in another compassion center or another licensed cultivator, except |
as permitted in § 21-28.6-12(b)(10) subsection (b)(10) of this section. Prohibited interests shall |
also include interests arising pursuant to the use of shared management companies, management |
agreements, or other agreements that afford third-party management or operational control, or other |
familial or business relationships between compassion center or cultivator owners, members, |
officers, directors, managers, investors, agents, or key persons which that effect dual license |
interests as determined by the department of business regulation. |
(e) Inspection. Compassion centers are subject to reasonable inspection by the department |
of health, division of facilities regulation, and the department of business regulation. During an |
inspection, the departments may review the compassion center's confidential records, including its |
dispensing records, which 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 Service;. A compassion center shall be subject to regulations promulgated by the |
department of business regulation for general operations and record keeping, which shall include, |
but not be limited to: |
(i) Minimum security and surveillance requirements; |
(ii) Minimum requirements for workplace safety and sanitation; |
(iii) Minimum requirements for product safety and testing; |
(iv) Minimum requirements for inventory tracking and monitoring; |
(v) Minimum requirements for the secure transport and transfer of medical marijuana; |
(vi) Minimum requirements to address odor mitigation; |
(vii) Minimum requirements for product packaging and labeling; |
(viii) Minimum requirements and prohibitions for advertising; |
(ix) Minimum requirements for the testing and destruction of marijuana. Wherever |
destruction of medical marijuana and medical marijuana product is required to bring a person or |
entity into compliance with any provision of this chapter 28.6 of title 21, any rule or regulation |
promulgated thereunder, or any administrative order issued in accordance therewith, the director of |
the department of business regulation may designate his or her employees or agents to facilitate |
said the destruction; |
(x) A requirement that if a compassion center violates this chapter, or any regulation |
thereunder, and the department of business regulation determines that violation does not pose an |
immediate threat to public health or public safety, the compassion center shall pay to the department |
of business regulation a fine of no less than five-hundred dollars ($500); and |
(xi) A requirement that if a compassion center violates this chapter, or any regulation |
promulgated hereunder, and the department of business regulation determines that the violation |
poses an immediate threat to public health or public safety, the compassion center shall pay to the |
department of business regulation a fine of no less than two thousand dollars ($2,000) and the |
department shall be entitled to pursue any other enforcement action provided for under this chapter |
and the regulations. |
(2) A compassion center may not be located within one thousand feet (1000') of the |
property line of a preexisting public or private school;. |
(3) On or before December 31, 2016, a compassion center shall notify the department of |
health within ten (10) days of when a principal officer, board member, agent, volunteer, or |
employee ceases to work at the compassion center. On or after January 1, 2017, a compassion |
center shall notify the department of business regulation 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 penalties that may |
apply to any nonmedical possession or use of marijuana by the person;. |
(4)(i) On or before December 31, 2016, a compassion center shall notify the department of |
health 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 that person begins his or her relationship with the |
compassion center; |
(ii) On or after January 1, 2017, a compassion center shall notify the department of business |
regulation, 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 of business regulation for a new registry identification card before 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 ensure that each location has an operational security alarm system. Each compassion |
center shall request that the department of public safety division of state police visit the compassion |
center to inspect the security 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 The recommendations shall not be binding upon any compassion center, nor shall the |
lack of implementation of said the recommendations delay or prevent the opening or operation of |
any center. If the department of public safety division of state police does not inspect the |
compassion center within the ten-day (10) 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 patient cardholders with the medical use of |
marijuana directly or through the qualifying patient's primary caregiver or authorized purchaser. |
(8) All principal officers and board members of a compassion center must be residents of |
the state of Rhode Island. |
(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, that |
explains the limitations on the right to use medical marijuana under state law. |
(10) Effective July 1, 2016 2017, each compassion center shall be subject to any regulations |
promulgated by the departments department departments of health and business regulation that |
specify how usable marijuana must be tested for items, included but not limited to, cannabinoid |
profile and contaminants. |
(11) Effective January 1, 2017, each compassion center shall be subject to any product |
labeling requirements promulgated by the department of business regulation. |
(12) 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, that includes duties, authority, responsibilities, |
qualifications, and supervision; and |
(ii) Training in, and adherence to, state confidentiality laws. |
(13) Each compassion center shall maintain a personnel record for each employee, agent, |
and volunteer that includes an application and a record of any disciplinary action taken. |
(14) 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, that 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. |
(15) Each compassion center entity shall provide each employee, agent, and 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. |
(16) 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 the 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 (2.5) ounces (2.5 oz.) of |
usable marijuana, or its equivalent, to a qualifying patient directly or through a qualifying patient's |
primary caregiver or authorized purchaser during a fifteen-day (15) 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 its equivalent, |
seedlings, or mature marijuana plants, to a patient cardholder, qualifying patient, a qualifying |
patient's primary caregiver, or a qualifying patient's authorized purchaser 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 medical Marijuana marijuana Act act. |
(3) Compassion centers shall utilize a database administered by the departments of health |
and business regulation. The database shall contains contain all compassion centers' transactions |
according to qualifying patients patients’, authorized purchasers', and primary caregivers', registry |
identification numbers to protect the confidentiality of patient personal and medical information. |
Compassion centers will not have access to any applications or supporting information submitted |
by qualifying patients, authorized purchasers or primary caregivers. Before dispensing marijuana |
to any patient, or authorized purchaser, the compassion center must utilize the database to ensure |
that a qualifying patient is not dispensed more than two and one-half (2.5) ounces (2.5 oz.) of usable |
marijuana or its equivalent directly or through the qualifying patient's primary caregiver or |
authorized purchaser during a fifteen-day (15) period. |
(h) Immunity: |
(1) No registered licensed compassion center shall be subject to prosecution; search, except |
by the departments pursuant to subsection (e) of this section; 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. |
(2) No registered licensed 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 of health or the department of business regulation to another registered compassion |
center. |
(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 §§ 9-31-8 and 9-31-9 shall be applicable to this section. |
(i) Prohibitions: |
(1) A compassion center must limit its inventory of seedlings, plants, and usable marijuana |
to reflect the projected needs of qualifying patients; |
(2) A compassion center may not dispense, deliver, or otherwise transfer marijuana to a |
person other than a patient cardholder or to such a qualified patient's primary caregiver or |
authorized purchaser; |
(3) A compassion center may not procure, purchase, transfer, or sell marijuana to or from |
any entity other than a marijuana establishment licensee in accordance with the provisions of this |
chapter; |
(4) A person found to have violated paragraph (2) or (3) of this subsection subsection |
(h)(2) or (h)(3) of this section may not be an employee, agent, volunteer, principal officer, or board |
member of any compassion center; |
(5) An employee, agent, volunteer, principal officer or board member of any compassion |
center found in violation of paragraph (2) or (3) subsection (h)(2) or (h)(3) of this section shall |
have his or her registry identification revoked immediately; and |
(6) 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, or 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 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 misdemeanor. |
(j) Legislative oversight committee: |
(1) The general assembly shall appoint a nine-member (9) 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 Rhode Island medical society; one nurse to be selected from a |
list provided by the Rhode Island state nurses association; two (2) registered qualifying patients; |
one registered primary caregiver; one patient advocate to be selected from a list provided by the |
Rhode Island patient advocacy coalition; and the superintendent of the department of public safety, |
or his/her designee. |
(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 centers; |
(iii) Physician participation in the Medical Marijuana Program; |
(iv) The definition of qualifying medical condition; and |
(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. |
(k) License required. No person or entity shall engage in activities described in § 21-28.6- |
12 this section without a compassion center license issued by the department of business |
regulation. |
21-28.6-14. Cooperative cultivations. |
(a) Two (2) or more qualifying cardholders may cooperatively cultivate marijuana in |
residential or non-residential locations subject to the following restrictions: |
(1) Effective January 1, 2017, cooperative cultivations shall apply to the department of |
business regulation for a license to operate; |
(2) A registered patient or primary caregiver cardholder can only cultivate in one location, |
including participation in a cooperative cultivation; |
(3) 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; |
(4) The cooperative cultivation shall not be visible from the street or other public areas; |
(5) 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; |
(6) Cooperative cultivations are restricted to the following possession limits: |
(i) A non-residential, cooperative cultivation may have no more than ten (10) ounces of |
dried usable marijuana, or its equivalent which satisfies the requirements of this chapter, and an |
amount of wet marijuana set in regulations promulgated by the department of business regulation, |
forty-eight (48) mature marijuana plants, and forty-eight (48) seedlings; |
(ii) A residential, cooperative cultivation may have no more than ten (10) ounces of dried |
useable marijuana, or its equivalent which satisfies the requirements of this chapter, and an amount |
of wet marijuana set in regulations promulgated by the department of business regulation, twenty- |
four (24) mature marijuana plants, and twenty-four (24) seedlings; |
(iii) A non-residential or residential, cooperative cultivation must have displayed |
prominently on the premises its license issued by the department of business regulation; |
(iv) Every marijuana plant possessed by a cooperative cultivation must be accompanied by |
a valid medical marijuana tag issued by the department of business regulation pursuant to § 21- |
28.6-15. Each cooperative cultivation must purchase at least one medical marijuana tag in order to |
remain a licensed cooperative cultivation; and |
(v) Cooperative cultivations are subject to reasonable inspection by the department of |
business regulation for the purposes of enforcing regulations promulgated pursuant to this chapter |
and all applicable Rhode Island general laws. |
(7) 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; and |
(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. |
(8) Cooperative cultivations must report the location of the cooperative cultivation to the |
department of public safety. |
(9) The reports provided to the department of public safety 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. |
(10) The department of business regulation shall promulgate regulations governing the |
licensing and operation of cooperative cultivations, and may promulgate regulations that set a fee |
for a cooperative cultivation license. |
(b) Any violation of any provision of this chapter or regulations promulgated hereunder as |
determined by the department of business regulation may result in the revocation/suspension of the |
cooperative cultivation license. |
(c) License required. No person or entity shall engage in activities described in § 21-28.6- |
14 this section without a cooperative cultivation license issued by the department of business |
regulation. |
(d) Effective July 1, 2019, except as to cooperative cultivator licenses issued by the |
department of business regulation before July 1, 2019, the department of business regulation shall |
no longer accept applications or renewals for licensed cooperative cultivations and cooperative |
cultivations shall no longer be permitted. |
(e) Effective July 1, 2019, not more than one registered cardholder shall be permitted to |
grow marijuana in a dwelling unit or commercial unit, except for two (2) or more qualifying patient |
or primary caregiver cardholder(s) who are primary residents of the same dwelling unit where the |
medical marijuana plants are grown and in all instances subject to the plant limits provided in § 21- |
28.6-4(r). |
21-28.6-15. Medical Marijuana Plant Tags marijuana plant tags. |
(a) Effective January 1, 2017, the department of business regulation shall make medical |
marijuana tag sets available for purchase. Effective April 1, 2017, every marijuana plant, either |
mature or seedling immature, grown by a registered patient or primary caregiver must be |
accompanied by a physical medical marijuana tag purchased through the department of business |
regulation and issued by the department of health department of business regulation to qualifying |
patients and primary caregivers or by the department of business regulation to licensed cultivators. |
(1) The department of business regulation shall charge an annual fee for each medical |
marijuana tag set which that shall include one tag for a mature medical marijuana plant and one |
tag for a seedling an immature plant. If the required fee has not been paid, those medical marijuana |
tags shall be considered expired and invalid. The fee established by the department of business |
regulation shall be in accordance with the following requirements: |
(i) For patient cardholders authorized to grow medical marijuana by the department of |
health department of business regulation, the fee per tag set shall not exceed twenty-five dollars |
($25); |
(ii) For primary caregivers, the fee per tag set shall not exceed twenty-five dollars ($25); |
(iii) For patients that who qualify for reduced-registration due to income or disability |
status, there shall be no fee per tag set; |
(iv) For caregivers who provide care for a patient cardholder who qualifies for reduced- |
registration due to income or disability status, there shall be no fee per tag set for such the |
qualifying patient; and |
(v) For licensed medical marijuana cultivators, the fee per tag set shall be established in |
regulations promulgated by the department of business regulation. |
(2) Effective January 1, 2017, the department of business regulation shall verify with the |
department of health that all medical marijuana tag purchases are made by qualifying patient |
cardholders or primary caregiver cardholders. The department of health shall provide this |
verification according to qualifying patients' and primary caregivers' registry identification |
numbers and without providing access to any applications or supporting information submitted by |
qualifying patients to protect patient confidentiality; |
(3) Effective January 1, 2017, and thereafter, the department of business regulation shall |
verify with the department of health that all medical marijuana tag purchases are made by registered |
patient cardholders who have notified the department of health of their election to grow medical |
marijuana or primary caregiver cardholders. The department of health shall provide this verification |
according to qualifying patients' and primary caregivers' registry identification numbers and |
without providing access to any applications or supporting information submitted by qualifying |
patients to protect patient confidentiality; |
(4) The department of business regulation shall maintain information pertaining to medical |
marijuana tags and shall share that information with the department of health. |
(5) All primary caregivers shall purchase at least one medical marijuana tag set for each |
patient under their care and all patients growing medical marijuana for themselves shall purchase |
at least one medical marijuana tag set. |
(6) All licensed medical marijuana cultivators shall purchase at least one medical marijuana |
tag set or utilize a seed-to-sale tracking system. |
(7) The departments department of business regulation and health shall jointly promulgate |
regulations to establish a process by which medical marijuana tags may be returned to either |
department. The department of business regulation may choose to reimburse a portion or the entire |
amount of any fees paid for medical marijuana tags that are subsequently returned. |
(b) Enforcement: |
(1) If a patient cardholder, primary caregiver cardholder, licensed compassion center, or |
licensed medical marijuana cultivator violates any provision of this chapter or the regulations |
promulgated hereunder as determined by the departments of business regulation and or health, his |
or her medical marijuana tags may be revoked. In addition, the department that issued the |
cardholder's registration or the license may revoke the cardholder's registration or license pursuant |
to §21-28.6-9. |
(2) The department of business regulation may revoke and not reissue, pursuant to |
regulations, medical marijuana tags to any cardholder or licensee 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 this title 21 ("Rhode Island Controlled controlled |
Substances substances Act act") or a similar offense from any other jurisdiction. |
(3) If a patient cardholder, primary caregiver cardholder, licensed cooperative cultivation, |
compassion center, licensed medical marijuana cultivator, or any other person or entity is found to |
have mature marijuana plants, or marijuana material without valid medical marijuana tags sets or |
which are not tracked in accordance with regulation, the department or health or department of |
business regulation shall impose an administrative penalty in accordance with regulations |
promulgated by the department on such the patient cardholder, primary caregiver cardholder, |
licensed cooperative cultivation, compassion center, licensed medical marijuana cultivator, or other |
person or entity for each untagged mature marijuana plant or unit of untracked marijuana material |
not in excess of the limits set forth in §21-28.6-4, §21-28.6-14 and §21-28.6-16 of no more than |
the total fee that would be paid by a cardholder or licensee who purchased medical marijuana tags |
for such plants in compliance with this chapter. |
(4) If a patient cardholder, primary caregiver cardholder, or licensed cooperative |
cultivation is found to have mature marijuana plants exceeding the limits set forth in §21-28.6-4, |
§21-28.6-14, and §21-28.6-16 in addition to any penalties that may be imposed pursuant to §21 |
28.6-9, the department of health or department of business regulation may impose an administrative |
penalty on that cardholder or license holder for each mature marijuana plant in excess of the |
applicable statutory limit of no less than the total fee that would be paid by a cardholder who |
purchased medical marijuana tags for such plants in compliance with this chapter. |
21-28.6-16. Licensed medical marijuana cultivators. |
(a) A licensed medical marijuana cultivator licensed under this section may acquire, |
possess, manufacture, cultivate, deliver, or transfer medical marijuana to licensed compassion |
centers, to another licensed medical marijuana cultivator. A licensed medical marijuana cultivator |
shall not be a primary caregiver cardholder registered with any qualifying patient(s) and shall not |
hold a cooperative cultivation license. Except as specifically provided to the contrary, all provisions |
of this chapter 28.6 of title 21 (the Edward O. Hawkins and Thomas C. Slater Medical medical |
Marijuana marijuana Act act), apply to a licensed medical marijuana cultivator unless they |
conflict with a provision contained in § 21-28.6-16 this section. |
(b) Licensing of medical marijuana cultivators – Department of business regulation |
authority. The department of business regulation shall promulgate regulations governing the |
manner in which it shall consider applications for the licensing of medical marijuana cultivators, |
including regulations governing: |
(1) The form and content of licensing and renewal applications; |
(2) Minimum oversight requirements for licensed medical marijuana cultivators; |
(3) Minimum record-keeping requirements for cultivators; |
(4) Minimum security requirements for cultivators; and |
(5) Procedures for suspending, revoking, or terminating the license of cultivators who or |
that violate the provisions of this section or the regulations promulgated pursuant to this subsection. |
(c) A licensed medical marijuana cultivator license issued by the department of business |
regulation shall expire one year after it was issued and the licensed medical marijuana cultivator |
may apply for renewal with the department in accordance with its regulations pertaining to licensed |
medical marijuana cultivators. |
(d) The department of business regulation shall promulgate regulations that govern how |
many marijuana plants, how many marijuana seedlings mature and immature,; how much wet |
marijuana,; and how much usable marijuana a licensed medical marijuana cultivator may possess. |
Every marijuana plant possessed by a licensed medical marijuana cultivator must be accompanied |
by a valid medical marijuana tag issued by the department of business regulation pursuant to § 21- |
28.6-15 or catalogued in a seed-to-sale inventory tracking system in accordance with regulations |
promulgated by the department of business regulation. Each cultivator must purchase at least one |
medical marijuana tag or in order to remain a licensed cultivator. |
(e) Medical marijuana cultivators shall only sell marijuana to compassion centers, another |
licensed medical marijuana cultivator. All marijuana possessed by a cultivator in excess of the |
possession limit established pursuant to subsection (d) of this section shall be under formal |
agreement to be purchased by a marijuana establishment compassion center. If such the excess |
marijuana is not under formal agreement to be purchased, the cultivator will have a period of time, |
specified in regulations promulgated by the department of business regulation, to sell or destroy |
that excess marijuana. The department may suspend and/or revoke the cultivator's license and the |
license of any officer, director, employee, or agent of such the cultivator and/or impose an |
administrative penalty in accordance with such the regulations promulgated by the department for |
any violation of this section or the regulations. In addition, any violation of this section or the |
regulations promulgated pursuant to this subsection and subsection (d) of this section shall cause |
a licensed medical marijuana cultivator to lose the protections described in subsection (m) of this |
section and may subject the licensed medical marijuana cultivator to arrest and prosecution under |
Chapter 28 of this title 21 (the Rhode Island Controlled controlled Substances substances Act |
act). |
(f) Medical marijuana cultivators shall be subject to any regulations promulgated by the |
department of health or department of business regulation that specify how marijuana must be |
tested for items, including, but not limited to, potency, cannabinoid profile, and contaminants;. |
(g) Medical marijuana cultivators shall be subject to any product labeling requirements |
promulgated by the department of business regulation and the department of health;. |
(h) Notwithstanding any other provisions of the general laws, the manufacture or |
processing of marijuana using a solvent extraction process that includes the use of a compressed, |
flammable gas as a solvent by a licensed medical marijuana cultivator shall not be subject to the |
protections of this chapter. |
(i) Medical marijuana cultivators shall only be licensed to grow, medical marijuana at a |
single location, registered with the department of business regulation and the department of public |
safety. The department of business regulation may promulgate regulations governing where |
cultivators are allowed to grow. Medical marijuana cultivators must abide by all local ordinances, |
including zoning ordinances. |
(j) Inspection. Medical marijuana cultivators shall be subject to reasonable inspection by |
the department of business regulation or the department of health for the purposes of enforcing |
regulations promulgated pursuant to this chapter and all applicable Rhode Island general laws. |
(k) The cultivator applicant, unless he or she are is an employee with no equity, ownership, |
financial interest, or managing control, shall apply to the bureau of criminal identification of the |
department of attorney general, department of public safety division of 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 subdivision subsection (k)(2) of this section, and in accordance with the rules promulgated by |
the director of the department of business regulation, the bureau of criminal identification of the |
department of attorney general, department of public safety division of 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 of business regulation, in writing, that disqualifying information has been discovered. |
(1) In those situations in which no disqualifying information has been found, the bureau of |
criminal identification of the department of attorney general, department of public safety division |
of state police, or the local police department shall inform the applicant and the department of |
business regulation, in writing, of this fact. |
(2) Information produced by a national criminal records check pertaining to a conviction |
for a felony drug offense or a plea of nolo contendere for a felony drug offense and received a |
sentence of probation shall result in a letter to the applicant and the department of business |
regulation disqualifying the applicant. |
(3) The Except for employees with no ownership, equity, financial interest, or managing |
control of a marijuana establishment license, the cultivator applicant shall be responsible for any |
expense associated with the national criminal records check. |
(l) Persons issued medical marijuana cultivator licenses shall be subject to the following: |
(1) A licensed medical marijuana cultivator cardholder shall notify and request approval |
from the department of business regulation of any change in his or her name or address within ten |
(10) days of such the change. A cultivator cardholder who fails to notify the department of business |
regulation of any of these changes is responsible for a civil infraction, punishable by a fine of no |
more than one hundred fifty dollars ($150). |
(2) When a licensed medical marijuana cultivator cardholder notifies the department of |
business regulation of any changes listed in this subsection (l), the department of business |
regulation shall issue the cultivator cardholder a new license registry identification card after the |
department approves the changes and receives from the licensee payment of a fee specified in |
regulation. |
(3) If a licensed medical marijuana cultivator cardholder loses his or her license card, he or |
she shall notify the department of business regulation and submit a fee specified in regulation within |
ten (10) days of losing the license card. The department of business regulation shall issue a new |
license card with a new random identification number. |
(4) A licensed medical marijuana cultivator cardholder shall notify the department of |
business regulation of any disqualifying criminal convictions as defined in subdivision subsection |
(k)(2) of this section. The department of business regulation may choose to suspend and/or revoke |
his or her license card after such the notification. |
(5) If a licensed medical marijuana cultivator or cultivator cardholder violates any |
provision of this chapter or regulations promulgated hereunder as determined by the department of |
business regulation, his or her card and the issued license may be suspended and/or revoked. |
(m) Immunity: |
(1) No licensed medical marijuana cultivator shall be subject to: prosecution; search, |
except by the departments pursuant to subsection (j) of this section; 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;. |
(2) No licensed medical marijuana cultivator 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 of business regulation to a licensed compassion center;. |
(3) No principal officers, board members, agents, volunteers, or employees of a licensed |
medical marijuana cultivator 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 licensed medical marijuana cultivator 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 §§ 9-31-8 and 9-31-9 shall be applicable to this section. |
(n) License required. No person or entity shall engage in activities described in § 21-28.6- |
16 this section without a medical marijuana cultivator license issued by the department of business |
regulation. |
(o) Effective July 1, 2019, the department of business regulation will not reopen the |
application period for new medical marijuana cultivator licenses. |
21-28.6-16.2. Medical marijuana testing laboratories – Immunity. Cannabis testing |
laboratories -- Immunity. |
(a) No medical marijuana cannabis testing laboratory shall be subject to prosecution; search |
(except by the departments pursuant to regulations); 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 the act |
and regulations promulgated hereunder to assist licensees. |
(b) No medical marijuana cannabis testing laboratory shall be subject to prosecution, search |
(except by the departments pursuant to regulations), 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 of health to |
another medical marijuana cannabis testing laboratory. |
(c) No principal officers, board members, agents, volunteers, or employees of a medical |
marijuana cannabis testing laboratory 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 medical marijuana cannabis testing laboratory to engage in acts permitted |
by the act and the regulations promulgated hereunder. |
(d) 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 §§ 9-31-8 and 9-31-9 shall be applicable to this section. |
21-28.6-17. Revenue. |
(a) Effective July 1, 2016, all fees collected by the departments of health and business |
regulation from applicants, registered patients, primary caregivers, authorized purchasers, licensed |
medical marijuana cultivators, cooperative cultivations, compassion centers, other licensees |
licensed pursuant to this chapter, and compassion-center and other registry identification |
cardholders shall be placed in restricted-receipt accounts to support the state's medical marijuana |
program, including but not limited to, payment of expenses incurred by the departments of health |
and business regulation for the administration of the program. The restricted-receipt account will |
be known as the "medical marijuana licensing account" and will be housed within the budgets of |
the department departments of business regulation, and health. |
(b) All revenues remaining in the restricted-receipt accounts after payments specified in |
subsection (a) of this section shall first be paid to cover any existing deficit in the department of |
health's restricted-receipt account or the department of business regulation's restricted-receipt |
account. These transfers shall be made annually on the last business day of the fiscal year. |
(c) All revenues remaining in the restricted-receipt accounts after payments specified in |
subsections (a) and (b) shall be paid into the state's general fund. These payments shall be made |
annually on the last business day of the fiscal year. |
SECTION 6. 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: |
21-28.6-18. Activities not exempt. |
The provisions of this chapter do not exempt any person from arrest, civil or criminal |
penalty, seizure or forfeiture of assets, discipline by any state or local licensing board or authority, |
and state prosecution for, nor may they establish an affirmative defense based on this chapter to |
charges arising from, any of the following acts: |
(1) Driving, operating, or being in actual physical control of a vehicle or a vessel under |
power or sail while impaired by marijuana or marijuana products; |
(2) Possessing or using marijuana or marijuana products if the person is a prisoner; |
(3) Possessing or using marijuana or marijuana products in any local detention facility, |
county jail, state prison, reformatory, or other correctional facility, including, without limitation, |
any facility for the detention of juvenile offenders; or |
(4) Manufacturing or processing of marijuana products with the use of prohibited solvents, |
in violation of this chapter 28.6 of title 21; or. |
(5) Possessing, using, distributing, cultivating, processing or manufacturing marijuana or |
marijuana products which do not satisfy the requirements of this chapter. |
SECTION 7. This act shall take effect upon passage. |