| Chapter 032 |
| 2022 -- S 2430 SUBSTITUTE A AS AMENDED Enacted 05/25/2022 |
| A N A C T |
| RELATING TO FOOD AND DRUGS -- THE RHODE ISLAND CANNABIS ACT |
Introduced By: Senators Miller, McCaffrey, Goodwin, Ruggerio, Coyne, Pearson, Acosta, Kallman, Archambault, and Murray |
| Date Introduced: March 01, 2022 |
| It is enacted by the General Assembly as follows: |
| SECTION 1. Title 21 of the General Laws entitled "FOOD AND DRUGS" is hereby |
| amended by adding thereto the following chapter: |
| CHAPTER 28.11 |
| THE RHODE ISLAND CANNABIS ACT |
| 21-28.11-1. Short title. |
| This chapter shall be known and may be cited as "The Rhode Island Cannabis Act". |
| 21-28.11-2. Organizational structure. |
| (a) The regulation, licensing, and enforcement requirements pertaining to regulated |
| cannabis establishments shall be conducted pursuant to the provisions of this chapter by virtue of |
| an independent three (3) member commission which shall exercise all powers necessary for the |
| implementation, administration and enforcement of cannabis regulation and policy for both medical |
| and adult use cannabis. |
| (b) The commission shall work in conjunction with the cannabis advisory board which |
| shall provide advice, recommendations and proposals to the commission relative to the equitable |
| administration and regulation of cannabis, including the distribution of funds from the social equity |
| assistance fund pursuant to the provisions of this chapter. |
| (c) Additionally, pursuant to the provisions of this chapter following the final issuance of |
| the commission's rules and regulations, there shall be established the "cannabis office" which shall |
| provide administrative and other support to the commission subject to this chapter and the rules |
| and regulations promulgated by the commission pursuant hereto. |
| 21-28.11-3. Definitions. |
| For purposes of this chapter, the following words, terms and phrases shall have the |
| following meanings: |
| (1) "Administrator" means the administrator of the cannabis office appointed by the |
| governor pursuant to the provisions of § 21-28.11-18.1. |
| (2) "Adult use cannabis" or "recreational cannabis" means cannabis which may be legally |
| possessed and consumed for non-medical purposes by a person who is at least twenty-one (21) |
| years of age. |
| (3) "Applicant" means a Rhode Island resident or a business entity with a principal place |
| of business located in Rhode Island to include, but not limited to, a corporation, limited liability |
| company, limited liability partnership or partnership, and in which fifty-one percent (51%) of the |
| equity in the business entity is owned by residents of Rhode Island, and the Rhode Island resident |
| or business entity has made application for issuance of a license or certificate to own or engage in |
| a cannabis business subject to the provisions of this chapter. |
| (4) ''Cannabinoid'' means any of several compounds produced by cannabis plants that have |
| medical and psychotropic effects. |
| (5) ''Cannabinoid profile" means amounts, expressed as the dry-weight percentages, of |
| delta-9-tetrahydrocannabinol, cannabidiol, tetrahydrocannabinolic acid and cannabidiolic acid in a |
| cannabis product. Amounts of other cannabinoids may be regulated by the commission. |
| (6) "Cannabis" or "marijuana'' or ''marihuana'' means all parts of any plant of the genus |
| cannabis not excepted herein, and whether growing or not; the seeds thereof; and resin extracted |
| from any part of the plant; and every compound, manufacture, salt, derivative, mixture or |
| preparation of the plant, its seeds or resin including tetrahydrocannabinol; provided, however, that |
| ''cannabis'' shall not include: |
| (i) 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 |
| the mature stalks, fiber, oil or cake made from the seeds of the plant or the sterilized seed of the |
| plant that is incapable of germination; |
| (ii) Hemp; or |
| (iii) The weight of any other ingredient combined with cannabis to prepare topical or oral |
| administrations, food, drink or other products. |
| (7) "Cannabis accessories" or ''marijuana accessories'' means equipment, products, devices |
| or materials of any kind that are intended or designed for use in planting, propagating, cultivating, |
| growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, |
| testing, analyzing, packaging, repackaging, storing, containing, ingesting, inhaling or otherwise |
| introducing cannabis into the human body. |
| (8) "Cannabis advisory board" or "advisory board" means the cannabis advisory board |
| established pursuant to the provisions of § 21-28.11-6. |
| (9) ''Cannabis concentrate'' means the resin extracted from any part of the plant of the genus |
| cannabis and every compound, manufacture, salt, derivative, mixture or preparation of that resin |
| but shall not include the weight of any other ingredient combined with cannabis to prepare cannabis |
| products. |
| (10) ''Cannabis control commission'' or "commission" means the Rhode Island cannabis |
| control commission established by § 21-28.11-4. |
| (11) "Cannabis cultivator" or ''marijuana cultivator'' means an entity licensed to cultivate, |
| process and package cannabis, to deliver cannabis to cannabis establishments and to transfer |
| cannabis to other cannabis establishments, but not to consumers. |
| (12) "Cannabis establishment" or ''marijuana establishment'' means a cannabis cultivator, |
| cannabis testing laboratory, cannabis product manufacturer, cannabis retailer, hybrid cannabis |
| retailer or any other type of licensed cannabis-related business. |
| (13) "Cannabis office" means the office established pursuant to § 21-28.11-18.1. |
| (14) "Cannabis product manufacturer" or ''marijuana product manufacturer'' means an |
| entity licensed to obtain, manufacture, process and package cannabis and cannabis products, to |
| deliver cannabis and cannabis products to cannabis establishments and to transfer cannabis and |
| cannabis products to other cannabis establishments, but not to consumers. |
| (15) "Cannabis products" or ''marijuana products'' means products that have been |
| manufactured and contain cannabis or an extract from cannabis, including concentrated forms of |
| cannabis and products composed of cannabis and other ingredients that are intended for use or |
| consumption, including edible products, beverages, topical products, ointments, oils and tinctures. |
| (16) "Cannabis retailer" or ''marijuana retailer'' means an entity licensed pursuant to § 21- |
| 28.11-10.2 to purchase and deliver cannabis and cannabis products from cannabis establishments |
| and to deliver, sell or otherwise transfer cannabis and cannabis products to cannabis establishments |
| and to consumers. |
| (17) "Cannabis testing laboratory'' means a third-party analytical testing laboratory that is |
| licensed annually by the commission, in consultation with the department of health, to collect and |
| test samples of cannabis and cannabis products pursuant to regulations issued by the commission |
| and is: |
| (i) Independent financially from any medical cannabis treatment center or any licensee or |
| cannabis establishment for which it conducts a test; and |
| (ii) Qualified to test cannabis in compliance with regulations promulgated by the |
| commission pursuant to this chapter. The term includes, but is not limited to, a cannabis testing |
| laboratory as provided in § 21-28.11-11. |
| (18) "Chairperson" means the chairperson of the cannabis control commission established |
| pursuant to § 21-28.11-4. |
| (19) ''Close associate'' means a person who holds a legally recognized financial interest in, |
| or is entitled to exercise power in, the business of an applicant or licensee and, by virtue of that |
| interest or power, is able to exercise a significant influence over the management or operation of a |
| cannabis establishment licensed under this chapter. |
| (20) ''Consumer'' means a person who is at least twenty-one (21) years of age, and who is |
| authorized by law to consume or use cannabis. |
| (21) ''Controlling person'' means an officer, board member or other individual who has a |
| financial or voting interest of ten percent (10%) or greater in a cannabis establishment. |
| (22) ''Cultivation batch'' means a collection of cannabis plants from the same seed or plant |
| stock that are cultivated and harvested together, and receive an identical propagation and cultivation |
| treatment, including, but not limited to: growing media, ambient conditions, watering and light |
| regimes and agricultural or hydroponic inputs. Every cannabis cultivator licensee shall assign and |
| record a unique, sequential alphanumeric identifier to each cultivation batch for the purposes of |
| production tracking, product labeling and product recalls. |
| (23) "Disproportionately impacted area" means a census tract or comparable geographic |
| area that satisfies at least one of the following criteria as determined by the commission, that: |
| (i) The area has a poverty rate of at least twenty percent (20%) according to the latest |
| federal decennial census; |
| (ii) Seventy-five percent (75%) or more of the children in the area participate in the federal |
| free lunch program according to reported statistics from the Rhode Island board of education; |
| (iii) At least twenty percent (20%) of the households in the area receive assistance under |
| the Supplemental Nutrition Assistance Program (SNAP); |
| (iv) The area has an average unemployment rate, as determined by the Rhode Island |
| department of labor and training, that is more than one hundred twenty percent (120%) of the |
| national unemployment average, as determined by the United States Department of Labor, for a |
| period of at least two (2) consecutive calendar years preceding the date of the application; or |
| (v)(A) The area has a disproportionately high rates of arrest, conviction, and incarceration |
| related to the sale, possession, use, cultivation, manufacture, or transportation of cannabis in |
| comparison to other communities and localities in the state; or |
| (B) The area has a history of arrests, convictions, and other law enforcement practices in a |
| certain geographic area, such as, but not limited to, precincts, zip codes, neighborhoods, and |
| political subdivisions, reflecting a disparate enforcement of cannabis prohibition during a certain |
| time period, when compared to the remainder of the state. |
| (vi) The commission shall, with recommendations from the cannabis advisory board and |
| the chief equity officer, issue guidelines to determine how to assess which communities have been |
| disproportionately impacted and how to assess if someone is a member of a community |
| disproportionately impacted. |
| (24) "Final issuance of the commission's rules and regulations" means the rules and |
| regulations adopted by the commission after compliance with requirements of chapter 35 of title |
| 42 (the "administrative procedures act") and chapter 46 of title 42 (the "open meetings act") and |
| shall not include any emergency, provisional or interim rules, regulations, requirements, orders, |
| instructions or procedures. |
| (25) ''Finished cannabis'' means a usable cannabis, cannabis resin or cannabis concentrate. |
| (26) ''Hemp'' means the plant of the genus cannabis or any part of the plant, whether |
| growing or not, with a delta-9-tetrahydrocannabinol concentration that does not exceed three tenths |
| of one percent (0.3%) on a dry weight basis of any part of the plant of the genus cannabis, or per |
| volume or weight of cannabis product, or the combined per cent of delta-9-tetrahydrocannabinol |
| and tetrahydrocannabinolic acid in any part of the plant of the genus cannabis regardless of moisture |
| content. |
| (27) ''Host community'' means a municipality in which a cannabis establishment or a |
| medical cannabis treatment center is located or in which an applicant has proposed locating a |
| cannabis establishment or a medical cannabis treatment center. |
| (28) "Hybrid cannabis retailer" or "hybrid compassion center" means a compassion center |
| licensed pursuant to chapter 28.6 of title 21 that is in good standing with the department of business |
| regulation and that has paid the fee pursuant to § 21-28.11-10 and has been authorized to sell non- |
| medical or adult use cannabis to consumers. |
| (29) ''Laboratory agent'' means a registered employee of a cannabis testing laboratory who |
| transports, possesses or tests cannabis. |
| (30) ''Licensee'' means a person or entity licensed by the commission pursuant to the |
| provisions of this chapter. Any business structure recognized under title 7 of the general laws, |
| including, but not limited to, corporations, partnerships, limited partnerships, limited-liability |
| companies, and workers' cooperatives, which is otherwise qualified, is eligible to be considered by |
| the commission as an entity licensee. |
| (31) ''Manufacture'' means to compound, blend, extract, infuse or otherwise make or |
| prepare a cannabis product. |
| (32) "Medical cannabis" means cannabis and cannabis products that satisfy the |
| requirements of chapter 28.6 of title 21 and have been given the designation of "medical cannabis" |
| or "medical marijuana" due to dose, potency and form. Medical cannabis 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 chapter 28.6 |
| of title 21. Medical cannabis may not be sold to, possessed by, manufactured by, or used by any |
| person except as permitted pursuant to chapter 28.6 of title 21. |
| (33) "Medical cannabis treatment center" or "Medical marijuana treatment center" includes |
| a compassion center, a medical marijuana emporium, or marijuana establishment licensee who |
| operates a treatment center, as defined in § 21-28.6-3. |
| (34) "Member of an impacted family" means an individual who has a parent, legal |
| guardian, child, spouse, or dependent, or was a dependent of an individual who, prior to the |
| effective date of this chapter, was arrested for, charged with, convicted of, or adjudicated delinquent |
| for any offense that is eligible for expungement under this chapter. |
| (35) "Ownership and control" means ownership of at least fifty-one percent (51%) of the |
| cannabis establishment, and control over the management and day-to-day operations of the |
| cannabis establishment, and an interest in the capital, assets, and profits and losses of the cannabis |
| establishment proportionate to percentage of ownership. |
| (36) ''Process'' or ''processing'' means to harvest, dry, cure, trim and separate parts of the |
| cannabis plant by manual or mechanical means, except it shall not include manufacture as defined |
| in this section. |
| (37) ''Production batch'' means a batch of finished plant material, cannabis resin, cannabis |
| concentrate or cannabis-infused product made at the same time, using the same methods, equipment |
| and ingredients. The commission shall require licensees to assign and record a unique, sequential |
| alphanumeric identifier to each production batch for the purposes of production tracking, product |
| labeling and product recalls. All production batches shall be traceable to one or more cannabis |
| cultivation batches. |
| (38)(39) "Social equity applicant" means an applicant that has been disproportionately |
| impacted by criminal enforcement of marijuana laws, including individuals convicted of nonviolent |
| marijuana offenses, immediate family members of individuals convicted of nonviolent marijuana |
| offenses and individuals who have resided in disproportionately impacted areas for at least five (5) |
| of the last ten (10) years, as determined by the commission after consultation with the cannabis |
| advisory board, and further specified in the rules and regulations that shall identify factors and other |
| considerations to be evaluated in certifying applicants as social equity applicants, provided that |
| such applicants shall at a minimum meet one of the following criteria: |
| (i) An applicant with at least fifty-one percent (51%) ownership and control by one or more |
| individuals who have resided for at least five (5) of the preceding ten (10) years in a |
| disproportionately impacted area. |
| (ii) An applicant with at least fifty-one percent (51%) ownership and control by one or |
| more individuals who: |
| (A) Have been arrested for, convicted of, or adjudicated delinquent for any offense that is |
| eligible for expungement under this chapter; or |
| (B) Is a member of an impacted family. |
| (iii) For applicants with a minimum of ten (10) full-time employees, an applicant with at |
| least fifty-one percent (51%) of current employees who: |
| (A) Currently reside in a disproportionately impacted area; or |
| (B) Have been arrested for, convicted of, or adjudicated delinquent for any offense that is |
| eligible for expungement under this chapter or is a member of an impacted family. |
| (iv) Can demonstrate significant past experience in or business practices that promote |
| economic empowerment in disproportionally impacted areas. |
| (v) Had income which does not exceed four hundred percent (400%) of the median income, |
| as defined by the commission, in a disproportionally impacted area for at least five (5) of the past |
| ten (10) years. |
| (39) ''Residual solvent'' means a volatile organic chemical used in the manufacture of a |
| cannabis product and that is not completely removed by practical manufacturing techniques. |
| (40) ''Terpenoid'' means an isoprene that are the aromatic compounds found in cannabis, |
| including, but not limited to: limonene, myrcene, pinene, linalool, eucalyptol, Δ-terpinene, ß- |
| caryophyllene, caryophyllene oxide, nerolidol and phytol. |
| (41) ''Unreasonable and impracticable'' means that the measures necessary to comply with |
| the rules and regulations adopted pursuant to this chapter subject licensees to unreasonable risk or |
| require such a high investment of money, time or any other resource or asset that a reasonably |
| prudent businessperson would not operate a cannabis establishment. |
| (42) "Workers' cooperative" means an applicant organized and operated pursuant to the |
| provisions of chapter 6.2 of title 7. |
| 21-28.11-4. Cannabis control commission. |
| (a) Establishment of commission. There is hereby established an independent commission |
| known as the Rhode Island Cannabis Control Commission (commission). The purpose of the |
| commission is to oversee the regulation, licensing and control of adult use and medical cannabis |
| and upon transfer of powers pursuant to the provisions of § 21-28.11-10.1, to exercise primary |
| responsibility to oversee the regulation, licensing and control of all cannabis and marijuana use to |
| include medical marijuana. |
| (b) Appointment of commissioners. The Rhode Island Cannabis Control Commission shall |
| consist of three (3) voting commissioners as follows: |
| (1) The governor shall appoint, with the advice and consent of the senate, the three (3) |
| voting members of the commission. The speaker of the house shall, within thirty (30) days of the |
| effective date of this chapter, submit to the governor a list of three (3) individuals that the governor |
| shall give due consideration in appointing one individual from this list. The governor shall appoint |
| the other two (2) commissioners without regard to the list submitted by the speaker of the house. |
| The governor shall designate one of the members to serve as chairperson of the commission. Within |
| forty (40) days of the effective date of this chapter, the governor shall submit to the senate for |
| advice and consent the list of three (3) individuals for appointment to the commission along with |
| the governor's designation of chairperson. |
| (2) Prior to appointment to the commission, a background investigation shall be conducted |
| into the financial stability, integrity and responsibility of each appointee, including the appointee's |
| reputation for good character, and honesty. No commissioner or commissioner's spouse, or child |
| shall have any interest whatsoever in any entity regulated by the commission. |
| (c) Commissioner requirements. Each commissioner shall be a resident of the state within |
| ninety (90) days of appointment, and while serving on the commission, shall not: |
| (1) Hold, or be a candidate for, federal, state or local elected office; |
| (2) Hold an appointed office or other employment in a federal, state or local government; |
| or |
| (3) Serve as an official in a political party. |
| (d) Term Limits. Term limits on the initial commissioners shall be as follows: The |
| appointee chosen after consideration of the list provided to the governor by the speaker of the house |
| shall serve an initial term of three (3) years and shall be eligible for reappointment in accordance |
| with this section. Of the appointees chosen by the governor without regard to the list submitted by |
| the speaker of the house, one shall serve an initial term of two (2) years, and one shall serve an |
| initial term of one year and both shall be eligible for reappointment in accordance with this section. |
| (1) Each initial commissioner is eligible for reappointment for one six (6) year term or until |
| a successor is appointed. Each subsequent commissioner shall serve for a term of six (6) years or |
| until a successor is appointed. Every person appointed or reappointed to fill a vacancy on the |
| cannabis control commission shall be appointed in the manner established pursuant to this section. |
| (2) If a vacancy is created prior to the expiration of any commissioner's term, said vacancy |
| shall be filled in the manner established pursuant to this section. Any person appointed to fill said |
| vacancy shall complete the commissioner's unexpired term and shall then be eligible for |
| reappointment for one additional term pursuant to this section. |
| (e) Compensation. The chairperson of the commission shall devote their full time attention |
| to the duties of the commission. Upon confirmation, the chairperson shall become a state employee |
| and shall receive a salary as determined by the governor subject to appropriation by the general |
| assembly. The remaining commissioners shall not be state employees but shall receive a monthly |
| stipend as determined by the governor, subject to appropriation by the general assembly, and shall |
| devote sufficient time and attention to the commission to adequately perform their duties. |
| (f) Records. The commission shall keep a record of the proceedings of the commission and |
| the chair shall be the custodian and keeper of the records of all books, documents and papers filed |
| by the commission and of its minute book. The chair shall cause copies to be made of all minutes |
| and other records and documents of the commission and shall certify that such copies are true |
| copies and all persons dealing with the commission may rely upon such certification. These records |
| shall also be subject to the provisions of title 38, "public records." The chair shall have and exercise |
| supervision and control over all the affairs of the commission. The chair shall preside at all hearings |
| at which the chair is present and shall designate a commissioner to act as chair in the chair's absence. |
| To promote efficiency in administration, the chair shall make such division or re-division of the |
| work of the commission among the commissioners, as the chair deems expedient. |
| (g) Conduct of hearings. The commissioners shall, if so directed by the chair, participate |
| in the hearing and decision of any matter before the commission. |
| (1) For purposes of this section, "formal matter", as so designated by the chair, shall include |
| all non-procedural matters to include, but not limited to, hearings subject to the provisions of |
| chapter 35 of title 42 (the "administrative procedures act") and all decisions relative to the awarding |
| of a license or to the denial or revocation of licenses. A majority of the commissioners is required |
| to hear and approve all formal matters. |
| (2) For purposes of this section, "procedural matters", as so designated by the chair, include |
| scheduling, inclusion of agenda items, administrative compliance decisions, ministerial matters, |
| routine clerical functions, and any other act delegated by the commission to be performed by an |
| employee of the commission or the cannabis office. Any procedural or administrative matter may |
| be heard, examined and investigated by a single commissioner or an employee of the commission |
| or the cannabis office as designated and assigned by the chair, with the concurrence of one other |
| commissioner. If designated by the commission or the cannabis office, the designated employee |
| shall make a report in writing relative to the hearing, examination and investigation of every |
| procedural or administrative matter. For the purposes of hearing, examining and investigating any |
| procedural or administrative matter, the designated employee shall have all of the powers conferred |
| upon a commissioner by this section. Any procedural or administrative decision made by a single |
| commissioner or designated employee may be appealed within ten (10) days of issuance of the |
| decision for a hearing before the full commission. |
| (h) Ethics. The provisions of chapter 14 of title 36, the state code of ethics, shall apply to |
| the commissioners and to employees operating under the jurisdiction of the commission to include, |
| but not limited to, personnel of the cannabis office; provided, however, that the commission may |
| promulgate an internal code of ethics for all members and employees that may be more restrictive |
| than the provisions of chapter 14 of title 36. A copy of any internal code of ethics adopted or as |
| amended shall be filed with the state ethics commission. The internal code may include provisions |
| reasonably necessary to carry out the purposes of this chapter. |
| (i) Public body. The cannabis control commission shall be a public body for the purposes |
| of chapter 46 of title 42 (the "open meetings act"). |
| (j) Finance. The commission shall, for the purposes of compliance with state finance law, |
| and subject to appropriation by the general assembly, operate as an independent state agency and |
| shall be subject to the laws applicable to agencies under the control of the governor; provided, |
| however, that the chairperson may identify any additional instructions or actions necessary for the |
| department of administration to manage fiscal operations in the state accounting system and meet |
| statewide and other governmental accounting and audit standards. The commission shall properly |
| classify the commission's operating and capital expenditures, and shall not include any salaries of |
| employees in the commission's capital expenditures. Unless otherwise exempted by law, the |
| commission shall participate in any other available state administrative services including, but not |
| limited to, the state payroll system, the state retirement system, and state purchases. |
| (k) Prohibition on discrimination. The commission and all personnel and employees |
| operating under the jurisdiction of the commission to include, but not limited to, personnel of the |
| cannabis office, shall not unlawfully discriminate by considering race, color, religion, sex, sexual |
| orientation, gender identity or expression, age, national origin, or disability in granting, denying, |
| or revoking a license, nor shall any person, corporation, or business firm which is licensed pursuant |
| to the provisions of this chapter unlawfully discriminate against or segregate any person based on |
| these grounds. All businesses licensed by the commission shall operate on a nondiscriminatory |
| basis, according to equal employment treatment and access to their services to all persons, unless |
| otherwise exempted by the laws of the state. Any licensee who fails to comply with this policy is |
| subject to any disciplinary action that is consistent with the legal authority and rules and regulations |
| of the commission. The commission shall cooperate with the state equal opportunity office to |
| prevent any person, corporation, or business firm from unlawfully discriminating because of race, |
| color, religion, sex, sexual orientation, gender identity or expression, age, national origin, or |
| disability or from participating in any practice which may have a disparate effect on any protected |
| class within the population. The state equal opportunity office shall monitor the equal employment |
| opportunity activities and affirmative action plans of the commission. |
| 21-28.11-5. Powers and duties of the commission. |
| (a) Subject to the state code of ethics and any internal ethics code adopted by the |
| commission, the commission shall have all the powers necessary and reasonable to carry out and |
| effectuate its purposes, including, but not limited to, the power to: |
| (1) Adopt, amend or repeal rules and regulations for the implementation, administration |
| and enforcement of this chapter; |
| (2) Determine which applicants shall be awarded licenses; |
| (3) Deny an application or limit, condition, restrict, revoke or suspend any license; |
| (4) Determine and establish the process and methodology by which licenses shall be |
| awarded by the commission; |
| (5) Require an applicant for licensure under this chapter to apply for such licensure and |
| approve or disapprove any such application or other transactions, events and processes as provided |
| in this chapter; |
| (6) Establish a registration process; |
| (7) Execute all instruments necessary and appropriate, in the commission's discretion, to |
| fulfill the purposes of this chapter; |
| (8) Enter into agreements or other transactions with a person, including, but not limited to, |
| a public entity or other governmental instrumentality or authority in connection with its powers and |
| duties under this chapter; |
| (9) Appear on its own behalf before boards, commissions, departments or other agencies |
| of municipal, state or federal government; |
| (10) Apply for and accept subventions, grants, loans, advances and contributions of money, |
| property, labor or other things of value from any source, to be held, used and applied for its purposes |
| subject to appropriation by the general assembly; |
| (11) Subject to appropriation by the general assembly, provide and pay for advisory |
| services and technical and other assistance including the hiring of appropriate support staff |
| personnel as may be necessary in its judgment to carry out the purpose and intent of this chapter, |
| and subject to applicable law, fix the compensation of persons providing such services or |
| assistance; |
| (12) Prepare, publish and distribute, with or without charge as the commission may |
| determine, such studies, reports, bulletins and other materials as required by the provisions of this |
| chapter or other applicable law or as the commission considers appropriate; |
| (13) Review data and market conditions on an annual basis to determine and recommend |
| the maximum number of licenses that shall be issued to meet the production demands to implement |
| the provisions of this chapter subject to enactment by the general assembly; |
| (14) Conduct and administer procedures and hearings in compliance with chapter 35 of |
| title 42 (the "administrative procedures act") for adoption of rules or regulations, issuance, denial |
| or revocation of licenses or permits; or for violation of the provisions of this chapter or the rules |
| and regulations adopted pursuant to the provisions of this chapter; |
| (15) Gather facts and information and take action applicable to the commission's |
| obligations pursuant to this chapter relating to: |
| (i) Any violation of this chapter or any rule or regulation adopted by the commission; and |
| (ii) Any willful violation of an order of the commission directed to a licensee or a person |
| required to be registered; |
| (iii) The conviction of a criminal offense, for the purpose of determining whether said |
| conviction substantially relates to the occupation or activity to which the license or registration |
| applies; |
| (iv) Any other action or conduct which would disqualify a licensee from holding a license |
| pursuant to the provisions of this chapter; |
| (16) In connection with matters having to do with the discharge of the duties of the |
| commission pursuant to this chapter, the chairperson of the commission, in cases pending before |
| the commission, is hereby authorized and empowered to summon witnesses to attend and testify in |
| a like manner as in either the supreme or superior courts. The commission is authorized to compel |
| the production of all papers, books, documents, records, certificates, or other legal evidence that |
| may be necessary for the determination and the decision of any question or the discharge of any |
| duty required by law of the commission, by issuing a subpoena duces tecum signed by the |
| chairperson. Any person who shall willfully swear falsely in any proceedings, matter, or hearing |
| before the commission shall be subject to the law pertaining to the crime of perjury. Any person |
| who disobeys may be referred by the chairperson of the commission to the presiding justice of the |
| superior court for assignment of a hearing on civil contempt citation and/or to the attorney general |
| for criminal contempt prosecution; |
| (17) Conduct investigations into the qualifications of all applicants for employment by the |
| commission, the cannabis office and all applicants for licensure pursuant to the provisions of this |
| chapter; |
| (18) Receive from the state police, the department of attorney general or other criminal |
| justice agencies, including, but not limited to, the Federal Bureau of Investigation and the Internal |
| Revenue Service, such criminal record information relating to criminal and background |
| investigations as necessary for the purpose of evaluating licensees, applicants for licenses, lab |
| laboratory agents, and any other employee or agent of a cannabis establishment, as determined by |
| the commission or otherwise required by law; |
| (19) Be present, through its designated inspectors and agents, at any reasonable time, in |
| cannabis establishments for the purposes of exercising its powers and duties; |
| (20) Inspect cannabis establishments and have access to all equipment and supplies in a |
| cannabis establishment for the purpose of ensuring and enforcing compliance with this chapter, |
| chapter 28.6 of title 21, and all rules and regulations promulgated pursuant to this chapter and |
| chapter 28.6 of title 21; |
| (21) In accordance with all applicable law, coordinate with the state police to seize, |
| impound and remove from the premises of a cannabis establishment any cannabis, equipment, |
| supplies, documents and records obtained or possessed in violation of this chapter, chapter 28.6 of |
| title 21, or the rules and regulations of the commission; |
| (22) Require that the books and financial or other records or statements of a licensee be |
| kept in a manner that the commission deems proper; |
| (23) For cause, demand access to and inspect all papers, books and records of close |
| associates of a licensee whom the commission reasonably suspects is involved in the financing, |
| operation or management of the licensee; provided, however, that the inspection, examination, |
| photocopying and audit may take place on the affiliate's premises or elsewhere as practicable and |
| in the presence of the affiliate or its agent; |
| (24) Impose and collect fees, sanctions and administrative penalties, as authorized by this |
| chapter and established by regulation, and for a violation of any rule or regulation promulgated by |
| the commission except as of December 1, 2022, no fee shall be authorized or imposed for registry |
| identification cards or for plant tags; |
| (25) Establish adjudicatory procedures and conduct adjudicatory proceedings pursuant to |
| the provisions of chapter 35 of title 42 (the "administrative procedures act"); |
| (26) Refer cases for criminal prosecution to the appropriate federal, state or local |
| authorities; |
| (27) Maintain an official Internet website for the commission that, in the discretion of the |
| commission, may be in coordination with the cannabis office; |
| (28) Submit any matter to the advisory board for study, review or recommendation; |
| (29) Request and/or approve or disapprove recommendations by the cannabis advisory |
| board made pursuant to § 21-28.11-6 to include, but not be limited to, distribution of funds from |
| the social equity assistance fund established pursuant to § 21-28.11-31; |
| (30) Monitor any federal activity regarding cannabis; |
| (31) Delegate any administrative, procedural or operational matter to the cannabis office; |
| (32) Issue temporary emergency orders, directives or instructions, with or without prior |
| notice or hearing, in an instance in which the public health or safety is in substantial or imminent |
| danger as it relates to the activities, conduct or practices of a licensee or as a result of a defective |
| or dangerous product offered for sale by a licensee. If a temporary emergency order, directive or |
| instruction without notice or a hearing is issued by the commission then the order, directive or |
| instruction shall expire after ten (10) days unless a hearing is noticed by the commission within the |
| ten (10) day period, and the hearing is scheduled to be conducted within twenty (20) days of the |
| issuance of the order, directive or instruction; |
| (33) Amend forms, procedures and requirements adopted by the office of cannabis |
| regulation pursuant to § 21-28.11-10.1 related to the temporary regulation of cultivation, |
| manufacture and sale of cannabis for adult use by hybrid cannabis retailers during the transitional |
| period established by § 21-28.11-10.1; and |
| (34) Provide recommendations to the general assembly regarding any advisable or |
| proposed amendments to chapter 26 of title 2 relative to the regulation of industrial hemp and the |
| use of hemp as a commercial product. |
| (b) The commission shall, pursuant to subsection (a) of this section, adopt rules and |
| regulations consistent with this chapter for the administration, clarification and enforcement of |
| provisions regulating and licensing cannabis establishments and the sale, possession and use of |
| cannabis. The rules and regulations shall include, but not be limited to: |
| (1) Methods and forms of application which an applicant for a license shall follow and |
| complete before consideration by the commission; |
| (2) Requirements for the information to be furnished by an applicant or licensee; |
| (3) Criteria for evaluation of the application for a license; |
| (4) Qualifications for licensure and minimum standards for employment that are directly |
| and demonstrably related to the operation of a cannabis establishment and similar to qualifications |
| for licensure and employment standards in connection with the manufacture, distribution or sale of |
| alcoholic beverages as regulated under title 3 of the general laws; provided, that a criminal |
| conviction relating solely to the possession of marijuana or cannabis shall not automatically |
| disqualify an individual from eligibility for employment or licensure in connection with a cannabis |
| establishment pursuant to § 21-28.11-12.1; |
| (5) In consultation with the cannabis advisory board, identification of factors to be |
| evaluated in the approval and certification of social equity applicants and establishment of |
| procedures and policies to promote and encourage full participation in the regulated cannabis |
| industry by people from communities that have previously been disproportionately harmed by |
| cannabis prohibition and enforcement; |
| (6) In accordance with all applicable law, standards for the payment or reporting of |
| licensure fees and taxes; |
| (7) Requirements for the information to be furnished by a licensee to the licensee's |
| employees; |
| (8) Requirements for fingerprinting or other method of identification of an applicant for a |
| license or a licensee and the employees of licensees; |
| (9) Procedures and grounds for the revocation or suspension of a license or registration; |
| (10) Minimum uniform standards of accounting procedures; |
| (11) Requirements for record keeping by cannabis establishments and procedures to track |
| cannabis cultivated, processed, manufactured, delivered or sold by cannabis establishments; |
| (12) Minimum standards for the requirement that all licensees possess and operate an |
| interoperable publicly available application programming interface seed-to-sale tracking system |
| sufficient to ensure the appropriate track and trace of all cannabis cultivated, processed or |
| manufactured pursuant to this chapter; |
| (13) Standards and procedures to leverage seed-to-sale tracking technology which may |
| allow for the appropriate transfer or acquisition of cannabis seeds, clones, cuttings, plants or plant |
| tissue between medical and nonmedical establishments; |
| (14) Registration requirements for employees of cannabis establishments including |
| ensuring that employees be properly trained in the performance of their duties as necessary; |
| (15) Minimum security requirements for licensees sufficient to deter and prevent theft and |
| unauthorized entrance into areas containing cannabis, which may include ,but not be limited to, the |
| use of security personnel, security cameras, or alarms; |
| (16) Minimum standards for liability insurance coverage; |
| (17) Requirements and procedures, utilizing best practices, to prevent the sale, delivery or |
| transfer of cannabis to persons under twenty-one (21) years of age, or the purchase of cannabis on |
| behalf of a person under twenty-one (21) years of age to include, but not limited to, the |
| establishment of age verification procedures; |
| (18) Health and safety standards, established in consultation with the department of health, |
| for the cultivation, processing, manufacturing and distribution of cannabis, including standards |
| regarding sanitation for the preparation, storage, handling and sale of food products, including |
| compliance with state sanitation requirements, and health inspections; provided, however, that the |
| authority to promulgate regulations pertaining to the use of pesticides shall remain with the |
| department of environmental management pursuant to the provisions of chapter 25 of title 23; |
| (19) Requirements for the packaging and labeling of cannabis and cannabis products that |
| shall, at a minimum: |
| (i) Require the most current consumer product safety commission standards, set forth in 16 |
| C.F.R. 1700 et seq.; and |
| (ii) Protect children from accidently ingesting cannabis or cannabis products, including by |
| making packaging certified child-resistant and resealable; |
| (20) Requirements and restrictions for advertising, marketing and branding of cannabis and |
| cannabis products; |
| (21) Requirements for the safe disposal of excess, contaminated, adulterated or deteriorated |
| cannabis, which shall consider policies which promote the reasonable remediation and/or recycling |
| of such waste, including, but not limited to, recycled industrial products; |
| (22) Procedures and requirements to enable the transfer of a license for a cannabis |
| establishment to another qualified person or to another suitable location in compliance with the |
| provisions of § 21-28.11-10.2 following notification and approval by the commission; provided |
| however, that a license issued to a social equity applicant shall only be transferred to another |
| qualified social equity applicant, and a license issued to a workers' cooperative applicant shall only |
| be transferred to another qualified workers' cooperative applicant; |
| (23) Requirements to establish a process allowing the commission to order a prohibition |
| on the sale of a cannabis product found especially appealing to persons under twenty-one (21) years |
| of age including a means for allowing a cannabis product manufacturer to voluntarily submit a |
| product, its packaging and intended marketing to the commission for preliminary determination |
| whether the product is especially appealing to persons under twenty-one (21) years of age; |
| (24) Requirements that may prohibit cannabis product manufacturers from altering or |
| utilizing commercially-manufactured food products when manufacturing cannabis products unless |
| the food product was commercially manufactured specifically for use by the cannabis product |
| manufacturer to infuse with cannabis; |
| (25) Energy and environmental standards for licensure and licensure renewal of cannabis |
| establishments licensed as a cannabis cultivator or cannabis product manufacturer; |
| (26) If determined necessary to protect or promote public health and safety, the commission |
| may establish reasonable limits for cannabis product potency and/or dosing; provided that, in the |
| interest of maintaining a stable cannabis market, before imposing such limits, the commission shall |
| give due consideration to the limits on potency and/or dosing imposed by neighboring states; |
| (27) The testing and safety of cannabis and cannabis products, including but not limited to, |
| regulations promulgated by the commission in consultation with the department of health, as |
| applicable which: |
| (i) License and regulate the operation of cannabis laboratory testing facilities, including |
| requirements for equipment, training, and qualifications for personnel; |
| (ii) Set forth procedures that require random sample testing to ensure quality control, |
| including, but not limited to, ensuring that cannabis and cannabis products are accurately labeled |
| for tetrahydrocannabinol (THC) content and any other product profile; |
| (iii) Establish testing for residual solvents or toxins; harmful chemicals; dangerous molds |
| or mildew; filth; and harmful microbials such as E. coli or salmonella and pesticides, and any other |
| compounds, elements, or contaminants; |
| (iv) Require that all cannabis and cannabis products must undergo random sample testing |
| at a licensed cannabis testing facility or other laboratory equipped to test cannabis and cannabis |
| products that have been approved by the commission; |
| (v) Require any products which fail testing be quarantined and/or recalled and destroyed |
| in accordance with regulations; |
| (vi) Allow for the establishment of other quality assurance mechanisms which may include |
| but not be limited to, the designation or creation of a reference laboratory, creation of a secret |
| shopper program, round robin testing , or any other mechanism to ensure the accuracy of product |
| testing and labeling; |
| (vii) Require cannabis establishment licensees and cannabis products to comply with any |
| applicable food safety requirements determined by the commission and/or the department of health; |
| (viii) Include any additional requirements deemed necessary by the commission as |
| determined in consultation with the department of health; and |
| (ix) Allow the commission, in coordination with the department of health, at their |
| discretion, to temporarily remove, or phase in, any requirement for laboratory testing if it finds that |
| there is not sufficient laboratory capacity for the market; |
| (28) Standards and restrictions for cannabis manufacturing and processing which shall |
| include, but not be limited to, requirements that cannabis processors;: |
| (i) Comply with all applicable building and fire codes; |
| (ii) Receive approval from the state fire marshal’s office for all forms of manufacturing |
| that use a heat source or flammable solvent; |
| (iii) Require any cannabis processor that manufactures edibles of cannabis infused food |
| products to comply with all applicable requirements and regulations and obtain a food business |
| license as defined by § 21-27-1 issued by the department of health’s office of food safety; and |
| (iv) Comply with any other requirements deemed suitable by the commission; |
| (29) Standards for manufacturing or extracting cannabinoid oils or butane hash oil; |
| (30) General operating requirements, minimum oversight, and any other activities, |
| functions, or aspects of a cannabis establishment licensee in furtherance of creating a stable, |
| regulated cannabis industry and mitigating its impact on public health and safety; |
| (31) Rules and regulations based on federal law, provided such rules and regulations are |
| designed to comply with federal guidance and mitigate federal enforcement against the cannabis |
| establishments and adult use establishments authorized, licensed and operated pursuant to this |
| chapter; |
| (32) Coordinate and implement the transition and transfer of regulatory authority of |
| medical marijuana from the department of business regulation to the commission; and |
| (33) Requirements that, after March 1, 2023, according to a timeline determined by the |
| commission, patients with out-of-state medical marijuana cards must also possess and produce a |
| valid government issued identification demonstrating residency in the same state jurisdiction that |
| issued the medical marijuana card. |
| (c) Regulations made pursuant to this section shall not: |
| (1) Except to protect public health and safety, prohibit the operation of a cannabis |
| establishment either expressly or through regulations that make operation of a cannabis |
| establishment unreasonable and impracticable; |
| (2) Require an adult retail purchaser to provide a cannabis retailer with identifying |
| information other than proper identification to determine the customer's age, and shall not require |
| the cannabis retailer to acquire or record personal information about customers other than |
| information typically required in a retail transaction; |
| (3) Except as provided pursuant to chapter 28.6 of title 21, authorize a cannabis retailer, |
| medical marijuana treatment center or a hybrid cannabis retailer to operate at a shared location with |
| a cultivator; |
| (4) Authorize a cannabis establishment to transfer or acquire cannabis seeds, clones, |
| cuttings, plants or plant tissue to or from another cannabis establishment unless notice of the |
| transfer or acquisition is provided to the commission; or |
| (5) Prohibit cannabis establishments from using inorganic cultivation methods. |
| (d) Reports. In furtherance of the intent of this chapter: |
| (1) The commission shall annually submit a complete and detailed report of the |
| commission's activities, including a review of the implementation and enforcement of this chapter |
| and the governance structure established in this chapter, not more than ninety (90) days after the |
| end of the fiscal year to the governor, the attorney general, the treasurer, the speaker of the house, |
| and the president of the senate. |
| (2) The commission shall annually review the tax rates established by this chapter and may |
| make recommendations to the general assembly, as appropriate, regarding any changes to the tax |
| rates that further the intent of this chapter. |
| (3) Each fiscal year the commission shall submit an annual finance plan to the governor, |
| the speaker of the house and the president of the senate, and updates to such plan. |
| (4) The commission may study cannabis commerce and make recommendations to the |
| general assembly regarding changes to existing law that further the intent of this chapter by |
| reporting those recommendations to the governor, the speaker of the house, and the president of |
| the senate. |
| (5) The commission may conduct an analysis and report to the general assembly if it finds |
| that conditions are appropriate for the issuance of additional types or classes of licenses to operate |
| cannabis-related businesses, including, but not limited to: |
| (i) Licenses that authorize limited or restricted cultivation, processing, manufacture, |
| possession or storage of cannabis or cannabis products, limited delivery of cannabis or cannabis |
| products to consumers; |
| (ii) Licenses that authorize the consumption of cannabis or cannabis products on the |
| premises where sold; |
| (iii) Licenses that authorize the consumption of cannabis at special events in limited areas |
| and for a limited time; and |
| (iv) Licenses intended to facilitate scientific research or education. |
| (e) The commission shall administer and enforce the provisions of this chapter and the rules |
| and regulations relating to licensing in this chapter and in its discretion and where appropriate may |
| delegate and authorize various administration and enforcement powers and duties to the cannabis |
| office. |
| (f) The commission may investigate, in conjunction with the department of health, the |
| effects of cannabis and cannabis products with a high potency of tetrahydrocannabinol on human |
| health and consider restrictions on the potency of tetrahydrocannabinol in cannabis and cannabis |
| products that are necessary for protection of public health or safety in accordance with the |
| provisions of § 21-28.11-5 subsection (b)(26) of this section. |
| (g) The commission shall be subject to all the provisions of chapter 35 of title 42. |
| (h) The commission shall cause to be deposited all fees and monetary penalties collected |
| pursuant to this chapter in the social equity assistance fund established pursuant to § 21-28.11-31, |
| excluding medical compassion center license fees pursuant to § 21-28.6-12, tax penalties and any |
| funds designated to be deposited in the marijuana trust fund pursuant to § 21-28.11-13(d). |
| (i) The commission shall work collaboratively with other state agencies and departments |
| to ensure that the production and distribution of cannabis is effectively regulated in the state in |
| furtherance of this chapter. |
| 21-28.11-6. Cannabis advisory board. |
| (a) There is hereby established a cannabis advisory board, which is directed to work in |
| collaboration with the commission and the administrator of the cannabis office to advise and issue |
| recommendations on the use, commerce, regulation and effects of adult-use and medical cannabis |
| within the state. The advisory board shall additionally provide recommendations to the commission |
| regarding the administration and distribution of the social equity assistance fund established |
| pursuant to § 21-28.11-31. |
| (b) Membership. The advisory board shall consist of eleven (11) voting members, and eight |
| (8) non-voting members. |
| (1) The board shall consist of the following non-voting members: the secretary of |
| commerce or designee, the director of the department of labor and training or designee, the director |
| of the department of health or designee, the commissioner of education or designee, the |
| superintendent of public safety or designee, the director of the department of business regulation |
| or designee, the secretary of the Executive Office of Health and Human Services (EOHHS) or |
| designee, and a representative from the University of Rhode Island College of Pharmacy selected |
| by the commission. |
| (2) The board shall consist of the following voting members: a social equity officer, who |
| shall be appointed by the governor and serve as chair of the advisory board; two (2) additional |
| members to be appointed by the governor, one of whom shall represent the cannabis laboratory |
| testing industry, and one of whom shall be appointed in accordance with subsection (e) of this |
| section; four (4) members to be appointed by the speaker of the house, one of whom shall represent |
| the cannabis cultivation industry, and three (3) of whom to be appointed in accordance with |
| subsection (e) of this section; and four (4) members to be appointed by the president of the senate, |
| one of whom shall represent the cannabis retail industry, and three (3) of whom to be appointed in |
| accordance with subsection (e) of this section. |
| (c) Term of voting members. The voting members shall be appointed to serve three (3) year |
| terms or until a successor is appointed. In the event of vacancy, the vacancy shall be filled in the |
| manner of the original appointment for the remainder of the term. |
| (d) Compensation. The appointed members and representatives shall receive no |
| compensation for their services. |
| (e) Representation. The members of the advisory board appointed by the governor, the |
| speaker of the house and the president of the senate pursuant to the provisions of the chapter shall |
| to the extent possible be individuals with expertise in the following areas: public and behavioral |
| health, substance use disorder treatment, effective rehabilitative treatment for adults and juveniles, |
| homelessness and housing, economic development, criminal justice, law enforcement and drug |
| policy. Further, the advisory board shall include representation from communities most impacted |
| by cannabis prohibition, such as individuals with prior drug convictions, the formerly incarcerated, |
| and representatives of organizations servicing communities impacted by past federal and state drug |
| policies. |
| (f) Quorum. To take action at a meeting, a majority of voting members of the board must |
| be present and voting to constitute a quorum. |
| (g) Role and responsibilities. The advisory board shall: |
| (1) Consider all matters submitted to the board by the cannabis control commission; |
| (2) Advise and make recommendations to the commission on the preparation and |
| promulgation of guidelines, rules and regulations and any changes to guidelines, rules and |
| regulations that the advisory board deems fundamental or necessary for the commission's review |
| and consideration; |
| (3) Provide analysis and recommendations to the commission relating to the administration |
| and distribution of the social equity assistance fund established pursuant to § 21-28.11-31; |
| (4) Conduct all meetings in compliance with chapter 46 of title 42 (the "open meetings |
| act"); and |
| (5) Report the findings, analysis, recommendations and conclusions adopted and approved |
| by the board to the commission within thirty (30) days of adoption and approval. |
| (h) Subcommittees. The chair may appoint subcommittees in order to develop and report |
| recommendations and to expedite the work of the board; provided, however, that the chair shall |
| appoint: |
| (1) A subcommittee on public health to develop recommendations on: products, labelling |
| labeling, marketing, advertising, related public health issues; potency, which may include a |
| recommended maximum limit for individual servings of cannabis products; and packaging, which |
| may include the development and implementation of a public health warning to appear on cannabis |
| products; |
| (2) A subcommittee on public safety and community mitigation to develop |
| recommendations on law enforcement, property, business, consumer, and any other issues that may |
| have an affect on the locality of the cannabis establishment and the surrounding environment; |
| (3) A subcommittee on the cannabis industry to develop recommendations on cultivation, |
| processing, manufacturing, transportation, distribution, seed-to-sale tracking systems and market |
| stability; |
| (4) A subcommittee on market participation to develop recommendations on minority and |
| veteran-owned businesses, local agriculture and growing cooperatives; and |
| (5) A subcommittee on social equity to develop recommendations on remedying the harm |
| to individuals directly and adversely impacted by the past enforcement of cannabis-related laws. |
| 21-28.11-7. Licensed cannabis cultivators. |
| (a) Except as provided pursuant to the provisions of subsection (b) of this section or § 21- |
| 28.11-8, there shall be a moratorium on the issuance of new cannabis cultivator licenses until the |
| date that is two (2) years following the final issuance of the commission's rules and regulations |
| pursuant to the provisions of this chapter. This moratorium shall not apply to cannabis cultivators |
| licensed pursuant to chapter 28.6 of title 21 on or before enactment of this chapter. |
| (b) On August 1, 2022 and thereafter, any medical marijuana cultivator licensed or |
| approved pursuant to the provisions of § 21-28.6-16, upon payment of an additional license fee, |
| shall be permitted to cultivate, manufacture and process cannabis as a hybrid cannabis cultivator |
| for both adult use and medical use. The amount of the additional license fee shall be determined by |
| the office of cannabis regulation during the transitional period established by § 21-28.11-10 and |
| shall be subject to review by the commission pursuant to the final rules and regulations. The fee |
| shall be deposited in the social equity fund established in § 21-28.11-31. Sale of the cultivated |
| cannabis shall be made directly to a licensee pursuant to the provisions of this chapter and chapter |
| 28.6 of title 21, subject to the following conditions: |
| (1) The cultivator must be in good standing and maintain the cultivator license pursuant to |
| the provisions of chapter 28.6 of title 21; and |
| (2) The cultivator must make good faith efforts to ensure the adult use cannabis production |
| portion of the cultivation operation has no significant adverse effect on the medical marijuana |
| program and patient needs. |
| (c) During the moratorium pursuant to this section, the commission, with the assistance of |
| the advisory board, as required, shall submit a report to the general assembly which evaluates the |
| cultivation of adult use and medical cannabis. The report shall consider factors, including, but not |
| limited to: |
| (1) Cultivation and production history; |
| (2) Tax payment history; |
| (3) Existing inventory and inventory history; |
| (4) Sales contracts; |
| (5) Current and future projected market conditions; and |
| (6) Any other factors relevant to ensuring responsible cultivation, production, and |
| inventory management for both medical and adult use cannabis. |
| (d) Upon expiration of the moratorium pursuant to this section, the commission may adopt |
| rules and regulations authorizing issuance of additional cultivator licenses; provided, however, a |
| new cultivator licensee's canopy shall not exceed ten thousand square feet (10,000 ft2). In |
| determining whether to issue additional cultivator licenses, the cannabis control commission shall |
| consider the findings of the report submitted pursuant to subsection (c) of this section. |
| (e) For the purposes of this section, "canopy" means the total surface area within a |
| cultivation area that is dedicated to the cultivation of mature cannabis plants. The surface area of |
| the canopy must be calculated in square feet and measured using the outside boundaries of the area |
| and must include all of the area within the boundaries. If the surface area of the canopy consists of |
| noncontiguous areas, each component area must be separated by identifiable boundaries. If a tiered |
| or shelving system is used in the cultivation area, the surface area of each tier or shelf must be |
| included in calculating the area of the canopy. The canopy does not include the areas within the |
| cultivation area that are used to cultivate immature cannabis plants and seedlings and that are not |
| used at any time to cultivate mature cannabis plants. |
| (f) To qualify for issuance of any cannabis cultivator license under subsection (d) of this |
| section, an applicant shall satisfy all requirements and qualifications established by the commission |
| to include but not limited to, the following: |
| (1) Apply for a license in a manner prescribed by the commission; |
| (2) Provide proof that the applicant is twenty-one (21) years of age or older and is a resident |
| of the state; |
| (3) Undergo a criminal record background check pursuant to § 21-28.11-12.1 and on any |
| terms established by the commission; |
| (4) Provide proof that the applicant is current with and in compliance with all obligations |
| required by the division of taxation, including filings and payment of taxes; |
| (5) Has provided a nonrefundable application fee as determined by the commission; and |
| (6) Shall consent and be subject to inspections by the commission for the purposes of |
| ensuring and enforcing compliance with this chapter and all rules and regulations promulgated |
| pursuant to this chapter; and |
| (7) Prior to the issuance of any license and for any period of renewal, the applicant shall |
| submit an annual license fee pursuant to subsection (b) of this section to be deposited in the social |
| equity fund established in § 21-28.11-31. |
| (g) The commission may determine and adjust the application fee or annual license fee |
| pursuant to the commission's rulemaking authority and in accordance with the provisions of chapter |
| 35 of title 42. |
| (h) Every individual cannabis plant possessed by a licensed cannabis cultivator shall be |
| catalogued in a seed-to-sale inventory tracking system. The commission shall review the current |
| seed-to-sale tracking system utilized pursuant to chapter 28.6 of title 21 and promulgate new or |
| additional regulations, as it deems appropriate. As of December 1, 2022, any cannabis tags issued |
| to provide seed-to-sale inventory and tracking, shall be issued without charge to patient cardholders |
| and/or primary caregivers authorized to grow medical cannabis. |
| (i) Notwithstanding any other provisions of the general laws, the manufacture of cannabis |
| using a solvent extraction process that includes the use of a compressed, flammable gas as a solvent |
| by a licensed cannabis cultivator shall not be subject to the protections of this chapter. |
| (j) Cannabis cultivators shall sell cannabis only to an entity licensed pursuant to the |
| provisions of this chapter or chapter 28.6 of title 21. |
| (k) Cannabis cultivators shall be licensed to grow cannabis only at a location or locations |
| registered with and approved by the cannabis commission. The commission may promulgate |
| regulations governing locations where cultivators are authorized to grow. Cannabis cultivators shall |
| abide by all local ordinances, including zoning ordinances. |
| (l) As a condition of licensing, cannabis cultivators shall consent and be subject to |
| inspection by the commission for the purposes of ensuring and enforcing compliance with this |
| chapter and chapter 28.6 of title 21, all rules and regulations promulgated pursuant to this chapter, |
| and the provisions of § 28-5.1-14. |
| (m) Persons issued cultivator licenses shall be subject to the following: |
| (1) A licensed cannabis cultivator shall notify and request approval from the commission |
| of any change in his or her name or address within ten (10) days of the change. A licensed cannabis |
| cultivator who fails to notify the commission of any of these changes commits shall be subject to |
| an administrative fine of no more than one hundred fifty dollars ($150), or other penalty as |
| determined by the commission. |
| (2) When a licensed cannabis cultivator notifies the commission of any changes listed in |
| this subsection, the commission shall issue the licensed cannabis cultivator a new license |
| identification document after the commission approves the changes and receives from the licensee |
| payment of a fee specified in regulations. |
| (3) If a licensed cannabis cultivator loses his or her license or certification document, he or |
| she shall notify the commission and submit a fee specified in regulation within ten (10) days of |
| losing the document. The commission shall issue a new license document with a new random |
| identification number, upon receipt of payment of a fee promulgated in the rules and regulations |
| not to exceed the amount of one hundred dollars ($100). |
| (4) A licensed cannabis cultivator has a continuing duty to notify the commission of any |
| criminal conviction(s) that occurs after the issuance of a license or registration. A criminal |
| conviction may not automatically result in suspension or revocation of a license, but shall be subject |
| to § 21-28.11-12.1. The commission may suspend and/or revoke his or her license after the |
| notification, pending a final determination of disqualification pursuant to § 21-28.11-12.1. |
| (5) If a licensed cannabis cultivator violates any provision of this chapter or regulations |
| promulgated hereunder as determined by the commission, his or her issued license may be |
| suspended and/or revoked. |
| (n) Immunity. |
| (1) No licensed cannabis cultivator shall be subject to: arrest; prosecution; search or |
| seizure, except as authorized pursuant to §§ 21-28.11-20 and 21-28.11-27 and subsection (f)(6) of |
| this section; 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 chapter, chapter 28.6 of title 21 and rules and |
| regulations promulgated by the commission. |
| (2) No principal officers, board members, agents, volunteers, or employees of a licensed |
| cannabis cultivator shall be subject to arrest; prosecution; search or seizure, except as authorized |
| pursuant to §§ 21-28.11-20 and 21-28.11-27 and subsection (f)(6) of this section; 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 cannabis cultivator to engage in acts permitted by this chapter, chapter 28.6 of |
| title 21 and rules and regulations promulgated by the commission. |
| (3) No state employee or commission member shall be subject to arrest; prosecution; search |
| or seizure, except as authorized pursuant to §§ 21-28.11-20 and 21-28.11-27; 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 chapter, chapter 28.6 of title 21 and rules and regulations promulgated by the |
| commission, and the provisions of §§ 9-31-8 and 9-31-9 shall be applicable to this section. |
| (o) Nothing in this section shall be construed as authorizing a cannabis cultivator to transfer |
| or sell cannabis directly to a consumer. A direct sale or transfer from a cannabis cultivator to a |
| consumer is prohibited and shall be grounds for revocation of license and criminal prosecution. |
| (p) A cannabis cultivator and all agents and employees of the cannabis cultivator shall |
| comply with all rules adopted by the commission and other applicable laws. |
| (q) No cannabis or cannabis product shall be sold or otherwise marketed pursuant to this |
| chapter that has not first been tested by a cannabis testing laboratory and determined to meet the |
| commission's testing protocols issued pursuant to § 21-28.11-11. Cannabis cultivators shall be |
| subject to any regulations promulgated by the commission that specify how marijuana shall be |
| tested, including, but not limited to, potency, cannabinoid profile and contaminants. Cannabis |
| cultivators shall be subject to any product labeling requirements promulgated by the commission |
| or otherwise required by law. |
| (r) License required. No person or entity shall engage in activities described in this section |
| without a cultivator license issued pursuant to this chapter. |
| 21-28.11-8. Moratorium report. |
| (a) If the commission determines that the moratorium on issuing cultivator licenses is |
| preventing an adequate supply of cannabis to fulfill the market demand pursuant to chapters 28.6 |
| and 28.11 of title 21, then the commission shall report the basis of the determination to the speaker |
| of the house, the president of the senate and the governor. |
| (b) No later than May 1, 2024, the commission shall conduct and deliver to the governor, |
| the speaker of the house and the president of the senate, a study relating to the impact of the |
| moratorium imposed pursuant to § 21-28.11-7 on the availability of cannabis for medical marijuana |
| and adult use sales, and the projected need for the issuance of additional cultivator licenses to satisfy |
| projected market needs. |
| 21-28.11-9. Cannabis product manufacturer or wholesaler. |
| (a) A cannabis product manufacturer or processor or wholesaler that does not hold a |
| cannabis cultivator's license shall have a cannabis product manufacturer's license issued by the |
| commission. A cannabis product manufacturer licensee may purchase cannabis from cultivators for |
| processing and shall only transfer or sell cannabis products to other entities licensed pursuant to |
| this chapter or chapter 28.6 of title 21. A cannabis product manufacturer's licensee or processor or |
| wholesaler shall report to the commission, pursuant to regulations, the purchase or acquisition and |
| the sale or transfer of all cannabis and cannabis products. |
| (b) To qualify and hold a cannabis product manufacturer's license under this section the |
| applicant shall satisfy all qualifications established by the commission to include, but not be limited |
| to the following: |
| (1) Apply for a license in a manner prescribed by the commission; |
| (2) Provide proof that the applicant is twenty-one (21) years of age or older and is a resident |
| of the state; |
| (3) Undergo a criminal record background check pursuant to § 21-28.11-12.1 and on any |
| terms established by the commission; |
| (4) Provide proof that the applicant is current and in compliance with all obligations for |
| filings and payments for taxes with the division of taxation; |
| (5) Has provided a nonrefundable application fee as determined by the commission and |
| promulgated by rules and regulations; and |
| (6) Prior to issuance of any license and for any period of renewal, the applicant shall submit |
| an annual license fee as determined by the commission and promulgated by rules and regulations |
| to be deposited in the social equity fund established in § 21-28.1--31. |
| (c) A cannabis product manufacturer or processor or wholesaler and all agents and |
| employees shall comply with all rules adopted by the commission and all applicable laws. |
| (d) The commission may adjust the application fee or annual license fee pursuant to the |
| commission's rulemaking authority and in accordance with the provisions of chapter 35 of title 42. |
| (e) As a condition of licensing, cannabis product manufacturers or processors or |
| wholesalers shall consent and be subject to inspections by the commission for the purposes of |
| ensuring and enforcing compliance with this chapter and all rules and regulations promulgated |
| pursuant to this chapter, and pursuant to the provisions of § 21-28.11-20. |
| (f) Nothing in this section shall be construed as authorizing a cannabis product |
| manufacturer or processor or wholesaler to transfer or sell cannabis to a consumer. A direct sale or |
| transfer from a cannabis product manufacturer licensee to a consumer is prohibited. |
| (g) No cannabis or cannabis product shall be sold or otherwise marketed pursuant to this |
| chapter that has not first been tested by a cannabis testing laboratory and determined to meet the |
| commission's testing protocols issued pursuant to § 21-28.11-11. |
| (h) Persons issued cannabis product manufacturer's licenses shall be subject to the |
| following: |
| (1) A licensed cannabis product manufacturer shall notify and request approval from the |
| commission of any change in his or her name or address within ten (10) days of the change. A |
| licensed cannabis product manufacturer who fails to notify the commission of any of these changes |
| shall be subject to an administrative fine of no more than one hundred fifty dollars ($150) or other |
| penalty as determined by the commission. |
| (2) When a licensed cannabis product manufacturer notifies the commission of any changes |
| listed in this subsection, the commission shall issue the licensed cannabis product manufacturer a |
| new registry identification document after the department approves the changes and receives from |
| the licensee payment of a fee specified in regulation. |
| (3) If a licensed cannabis product manufacturer loses his or her document, he or she shall |
| notify the commission and submit a fee specified in regulation not to exceed one hundred dollars |
| ($100), within ten (10) days of losing the document. The commission shall issue a new license with |
| a new random identification number. |
| (4) A licensed cannabis product manufacturer has a continuing duty to notify the |
| commission of any criminal conviction(s) that occurs after the issuance of a license or registration. |
| A criminal conviction relating solely to a cannabis offense shall not automatically result in |
| suspension or revocation of a license, but shall be subject to § 21-28.11-12.1. |
| (5) If a licensed cannabis product manufacturer violates any provision of this chapter or |
| regulations promulgated hereunder as determined by the commission, his or her issued license may |
| be suspended and/or revoked in addition to any other enforcement action. |
| (i) Immunity. |
| (1) No licensed cannabis product manufacturer or wholesaler shall be subject to: arrest; |
| prosecution; search or seizure, except as authorized pursuant to §§ 21-28.11-20 and 21-28.11-27 |
| and by subsection (e) of this section; 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 chapter, chapter |
| 28.6 of title 21 and rules and regulations promulgated by the commission. |
| (2) No principal officers, board members, agents, volunteers, or employees of a licensed |
| cannabis product manufacturer or wholesaler shall be subject to arrest; prosecution; search or |
| seizure, except as authorized pursuant to §§ 21-28.11-20 and 21-28.11-27 and by subsection (e) of |
| this section; 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 cannabis product manufacturer or wholesaler to |
| engage in acts permitted by this chapter, chapter 28.6 of title 21 or rules and regulations |
| promulgated by the commission. |
| (3) No state employee or commission member shall be subject to arrest; prosecution; search |
| or seizure, except as authorized pursuant to §§ 21-28.11-20 and 21-28.11-27 and by subsection (e) |
| of this section; 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 chapter, chapter 28.6 of title 21 and rules and regulations |
| promulgated by the commission, and the provisions of §§ 9-31-8 and 9-31-9 shall be applicable to |
| this section. |
| 21-28.11-10. Hybrid cannabis retailers. |
| (a) On or after December 1, 2022, a compassion center licensed pursuant to the provisions |
| of chapter 28.6 of title 21, upon payment to the office of cannabis regulation of an hybrid cannabis |
| retailer fee of one hundred twenty-five thousand dollars ($125,000) to be deposited in the social |
| equity fund, is permitted to sell adult use cannabis pursuant to the provisions of this chapter for a |
| period of one year, subject to the following conditions: |
| (1) The compassion center must be in good standing and maintain its compassion center |
| license with the office of cannabis regulation pursuant to the provisions of chapter 28.6 of title 21; |
| (2) The compassion center shall make good faith efforts to ensure that the sale of cannabis |
| for adult use as a hybrid cannabis retailer has no significant adverse effect on the medical marijuana |
| program and patient needs; and |
| (3) The compassion center shall post in a conspicuous place a copy of a certificate of |
| authorization evidencing a license in good standing and payment of the hybrid cannabis retailer |
| fee. |
| (b) During the transitional period specified in § 21-28.11-10.1, hybrid cannabis retailers |
| shall comply with directives of state agencies, departments and offices exercising regulatory |
| authority pursuant to § 21-28.11-10.1(b), and directives provided or issued by the commission to |
| protect public health and public safety. Failure to comply with a rule or directive issued pursuant |
| to provisions of this subsection and § 21-28.11-10.1(b), may result in a revocation or suspension |
| of the authorization to conduct adult use cannabis sales as ordered by the commission or office of |
| cannabis regulation. |
| (c) Following the final issuance of the commission's rules and regulations, hybrid cannabis |
| retailers shall be subject to the commission's rules and regulations for all sales authorization and |
| renewals to include, but not limited to, any licensing requirements. |
| (d) Notwithstanding any other provision of the general laws, a licensed compassion center |
| authorized as a hybrid cannabis retailer pursuant to subsection (a) of this section and the rules and |
| regulations promulgated by the commission shall be exempt from the requirements of chapter 28.6 |
| of title 21 requiring registration as a not-for-profit corporation under chapter 6 of title 7, provided |
| the compassion center maintains operation as a hybrid cannabis retailer in good standing with the |
| commission. The commission may promulgate regulations or issue guidance to facilitate the |
| transition from a not-for-profit corporation to a for-profit corporation or other entity, including, but |
| not limited to, the requirement that the compassion center must update and/or resubmit licensing |
| and application documents which reflect this change. |
| (e) If the commission has failed to make final issuance of the commission's rules and |
| regulations after one year from the date the compassion center has paid the fee pursuant to |
| subsection(a) of this section, then hybrid cannabis retailers shall be permitted to continue to engage |
| in adult use cannabis sales upon payment of a monthly fee to the department of business regulation |
| in the amount of ten thousand five hundred dollars ($10,500) for each month of operation following |
| the one-year period provided in subsection (a) of this section. Upon final issuance of the |
| commission's rules and regulations, hybrid cannabis retailers shall comply with the provisions of |
| the rules and regulations to maintain licensing and authorization to sell adult use cannabis in |
| accordance with § 21-28.11-10.2. |
| (f) Notwithstanding any other general law, rule or regulation, after March 1, 2023, and in |
| accordance with a timeline established by the commission, no hybrid cannabis retailer shall be |
| authorized to sell medical marijuana to any patient with an out-of-state medical marijuana card who |
| fails to possess and produce a valid government issued identification demonstrating residency in |
| the same state that issued the medical marijuana card. |
| 21-28.11-10.1. Transitional period and transfer of authority. |
| (a) To protect public health and public safety, upon the effective date of this chapter until |
| final issuance of the commission's rules and regulations promulgated pursuant to the provisions of |
| this chapter, there shall exist a transitional period of regulatory and enforcement authority regarding |
| the production, possession, regulation, distribution, sale and use of cannabis relating to the sale by |
| hybrid cannabis retailers of adult use cannabis pursuant to § 21-28.11-10. |
| (b) During the transitional period, the office of cannabis regulation shall prescribe such |
| forms, procedures, and requirements as necessary to facilitate the acquisition of hybrid retail and |
| cultivation licenses by compassion centers and cultivators licensed pursuant to chapter 28.6 of title |
| 21. |
| (c) Such forms, procedures, and requirements shall be posted on the website of the office |
| of cannabis regulation no later than October 15, 2022, at which time an application period will |
| commence. Applications shall be received, reviewed, and approved on a rolling basis provided that |
| in no case shall an approved hybrid retailer begin adult use sales before December 1, 2022. |
| (d) The forms, procedures, and requirements prescribed by the office of cannabis regulation |
| shall incorporate, but shall not be limited to, the following: |
| (1) Requirements pertaining to the physical premises of hybrid retail licensees. Where |
| physically possible these shall include prospective licensee plans to physically separate marijuana |
| and marijuana products designated for adult use and medical sales, respectively, in inventory, |
| storage, and customer-facing floor and display areas; plans to physically separate sales areas for |
| adult use and medical sales, which may be provided by a temporary or semi-permanent physical |
| barrier; plans to provide and maintain a patient consultation area that will allow privacy for |
| confidential consultation with qualifying patients; and plans to prioritize patient and caregiver |
| identification verification and physical entry into retail areas in the event of capacity or other |
| constraints; however, if the premises of a hybrid retail licensee does not allow the licensee to meet |
| the requirements of this subsection or would cause undue hardship on the licensee, the office of |
| cannabis regulation may authorize the hybrid retail licensee to conduct adult use sales at an adjunct |
| location. In authorizing any such adjunct location, the office shall require, at a minimum, the |
| following: |
| (i) The adjunct location must be physically located within the same municipality and |
| geographic zone; |
| (ii) The adjunct location must comply with all municipal zoning requirements and obtain |
| municipal approval; |
| (iii) The approval of any adjunct location will not cause undue hardship upon another |
| licensed cannabis retailer; and |
| (iv) In the instance that an adjunct location is approved by the office, the hybrid cannabis |
| retailer shall not be permitted to engage in the sale of cannabis for adult use at more than one |
| premises. |
| (2) Requirements pertaining to inventory, product, and sales tracking. These shall include |
| prospective licensee submission of plans to electronically separate finished marijuana products |
| designated for medical or adult use sales in hybrid licensees’ inventory and sales tracking systems. |
| If prospective hybrid licensees are conducting cultivation activities, they shall submit plans to |
| distinguish between sales of marijuana or finished marijuana products at wholesale based on |
| designation for medical or adult use sales. |
| (3) Requirements relating to the maintenance of medical marijuana program service levels. |
| These shall include prospective licensee submission of comprehensive policies and procedures |
| detailing plans to maintain a sufficient quantity and variety of medical marijuana products, and if |
| substitutions of medical marijuana products with adult use marijuana products are to be made, a |
| justification for such substitutions. Prospective hybrid licensees shall also be required to designate |
| an individual who will be primarily responsible for maintenance of medical marijuana program |
| service levels and ongoing compliance with existing program requirements, rules, and regulations. |
| (4) Requirements relating to operating plans, policies, and procedures. These shall include |
| prospective licensee submission, maintenance of, and adherence to a set of written standard |
| operating procedures that encompass both adult use and medical marijuana service lines. These |
| operating plans and procedures shall take the form of an updated operations manual as currently |
| required under medical marijuana program regulations and shall include, but not be limited to, |
| policies and procedures relating to the maintenance of medical marijuana program service levels |
| as defined in this section. |
| (e) Notwithstanding the foregoing provisions of this section, all prospective and approved |
| applicants for hybrid cannabis retailer and cannabis cultivator licenses under this chapter shall |
| maintain compliance with the existing provisions of chapter 28.6 of title 21 of the general laws and |
| the regulations promulgated thereunder until final issuance of the commission’s rules and |
| regulations, including, but not limited to, existing restrictions and requirements related to financial |
| disclosures; registration of owners, managers, key persons, agents, and employees; product testing; |
| packaging and labeling; transportation; home delivery; and advertising. |
| (f) Forms, procedures, and requirements relating to this transitional period may be amended |
| by the office of cannabis regulation or the commission up until the final issuance of the |
| commission's regulations pursuant to the provisions of this chapter at which time the forms, |
| procedures, and requirements will be superseded by the commission’s final rules and regulations. |
| (g) Upon final issuance of the commission's rules and regulations, the following shall |
| occur: |
| (1) All powers, duties and responsibilities of the department of business regulation and the |
| office of cannabis regulation with respect to the regulation, administration and enforcement of the |
| provisions of chapter 28.6 of title 21 shall be transferred to the commission or as designated by the |
| commission to the cannabis office. |
| (2) All powers, duties and responsibilities of the department of environmental management |
| with respect to regulation, administration and enforcement of chapter 28.6 of title 21 shall be |
| transferred to the commission or as designated by the commission to the cannabis office. |
| (3) All powers, duties and responsibilities of the department of health with respect to |
| regulation, administration and enforcement of chapter 28.6 of title 21 shall be transferred to the |
| commission or as designated by the commission to the cannabis office, except for the following: |
| (i) Administration of registry identification cards to qualified patients; and |
| (ii) Powers delegated to the department pursuant to this chapter or by rules and regulations |
| of the commission. |
| (4) There shall be established a "cannabis office" with the powers, duties and |
| responsibilities authorized pursuant to § 21-28.11-18.1. |
| (5) All powers exercised by state agencies, departments and offices pursuant to the |
| provisions of § 21-28.11-10.1(a) and (b) subsections (a) and (b) of this section relating to |
| transitional period authority shall cease. |
| (h) Upon final issuance of the commission's rules and regulations, whenever the term |
| "office of cannabis regulation" appears in any general law or regulation, the term shall mean the |
| "cannabis office" as defined in this chapter. |
| 21-28.11-10.2. Cannabis retail sales. |
| (a) In addition to the hybrid cannabis retailer certificates that may be issued pursuant to the |
| provisions of this chapter, after issuance of the final rules and regulations, the commission may |
| grant twenty-four (24) retail licenses, subject to the following restrictions: |
| (1) The retail licenses shall be issued pursuant to geographic zones as specified in § 21- |
| 28.11-10.3. |
| (2) No more than four (4) retail licenses exclusive of any hybrid cannabis retail certificate |
| shall be permitted in each geographic zone; and |
| (3) Of the four (4) retail licenses in each geographic zone: |
| (i) One shall be reserved for a workers' cooperative applicant; and |
| (ii) One shall be reserved for a social equity applicant. |
| (b) Minimum qualifications. To qualify for issuance of a cannabis retail sales license under |
| this section, an applicant shall satisfy all qualifications established by the commission to include, |
| but not be limited to, the following: |
| (1) Apply for a license in a manner prescribed by the commission; |
| (2) Provide proof that the applicant is twenty-one (21) years of age or older and is a resident |
| of the state; |
| (3) Undergo a criminal record background check pursuant to § 21-28.11-12.1 and on any |
| terms established by the commission; |
| (4) Provide proof that the applicant is current and in compliance with all obligations for |
| filings and payments for taxes with the division of taxation; |
| (5) Demonstrate that the proposed location for the retail sale of cannabis complies with |
| provisions of municipal zoning and regulations or has been approved by the municipality; |
| (6) Paid a nonrefundable application fee as determined by the commission and promulgated |
| by rules and regulations; and |
| (7) Prior to issuance of any license and for any period of renewal, the applicant shall pay |
| an annual fee of thirty thousand dollars ($30,000) to be deposited in the social equity fund |
| established in § 21-28.11-31. |
| (e) (c) Compliance. A cannabis retail sales licensee and all agents and employees shall |
| comply with all rules adopted by the commission and all applicable laws to include, but not limited |
| to, chapter 5 of title 28 (the "fair employment practices act"). |
| (f) (d) Inspection. As a condition of licensing and pursuant to § 21-28.11-20, cannabis |
| retailers shall consent and be subject to inspections by the commission or designated personnel for |
| the purposes of ensuring and enforcing compliance with this chapter, all rules and regulations |
| promulgated pursuant to this chapter and all other applicable law, to include, but not be limited to, |
| the provisions of title 44 ("taxation"), chapter 28 of title 21 (the "uniform controlled substance act"), |
| and chapter 5 of title 28 (the "fair employment practices act"). |
| (g) (e) Testing. No cannabis or cannabis product shall be sold or otherwise marketed |
| pursuant to this chapter that has not first been collected and tested by a cannabis testing laboratory |
| and found to meet the testing protocols issued pursuant to regulations promulgated by the |
| department of health and determined to meet the commission's testing protocols issued pursuant to |
| § 21-28.11-11 |
| (h) (f) Minimum requirements. Persons issued cannabis retail licenses shall be subject to |
| the following: |
| (1) A licensed cannabis retailer shall notify and request approval from the commission of |
| any change in his or her name or address within ten (10) days of the change. A licensed cannabis |
| retailer who fails to notify the commission of any of these changes shall be subject to an |
| administrative fine of no more than one hundred fifty dollars ($150) or other penalty as determined |
| by the commission; |
| (2) When a licensed cannabis retailer notifies the commission of any changes listed in this |
| subsection, the commission shall issue the licensed cannabis retailer a new license identification |
| document after the commission approves the changes and receives from the licensee payment of a |
| fee specified in regulation; |
| (3) If a licensed cannabis retailer loses his or her license document, he or she shall notify |
| the commission and submit a fee specified in regulation within ten (10) days of losing the |
| document. The commission shall issue a new license document with a new random identification |
| number upon payment of a fee promulgated in the rules and regulations not to exceed one hundred |
| dollars ($100); |
| (4) A licensed cannabis retailer has a continuing duty to notify the commission of any |
| criminal conviction(s) that occurs after the issuance of a license or registration. A criminal |
| conviction shall not automatically result in suspension or revocation of a license, but shall be |
| subject to the provisions § 21-28.11-12.1; |
| (5) If a licensed cannabis retailer violates any provision of this chapter or regulations |
| promulgated hereunder as determined by the commission, his or her issued license may be |
| suspended and/or revoked. |
| (i) (g) Immunity. |
| (1) No licensed cannabis retailer shall be subject to: arrest; prosecution; search or seizure, |
| except as authorized pursuant to §§ 21-28.11-20 and 21-28.11-27 and by subsection (f)(d) of this |
| section; 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 chapter and rules and regulations promulgated by |
| the commission. |
| (2) No principal officers, board members, agents, volunteers, or employees of a licensed |
| cannabis retailer shall be subject to arrest; prosecution; search or seizure, except as authorized |
| pursuant to §§ 21-28.11-20 and 21-28.11-27 and by subsection (f)(d) of this section; 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 cannabis retailer to engage in acts permitted by this chapter and rules |
| and regulations promulgated by the commission. |
| (3) No state employee or commission member shall be subject to arrest; prosecution; search |
| or seizure, except as authorized pursuant to §§ 21-28.11-20 and 21-28.11-27 and by subsection |
| (f)(d) of this section; 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 chapter and rules and regulations |
| promulgated by the commission, and the provisions of §§ 9-31-8 and 9-31-9 shall be applicable to |
| this section. |
| 21-28.11-10.3. Geographic zones. |
| For purposes of issuance of cannabis retail licenses by the commission pursuant to the |
| provisions of this chapter, the following geographic zones are established: |
| (1) Zone 1 shall consist of the towns of Burriville Burrillville, Cumberland, Glocester, |
| North Smithfield, Smithfield and the city of Woonsocket. |
| (2) Zone 2 shall consist of the towns of Johnston, Lincoln and North Providence and the |
| cities of Central Falls and Providence. |
| (3) Zone 3 shall consist of the towns of Coventry, Foster, Scituate, West Greenwich and |
| West Warwick. |
| (4) Zone 4 shall consist of the towns of East Greenwich and North Kingstown and the cities |
| of Cranston and Warwick. |
| (5) Zone 5 shall consist of the towns of Charlestown, Exeter, Hopkinton, Narragansett, |
| Richmond, South Kingstown and Westerly. |
| (6) Zone 6 shall consist of the towns of Barrington, Bristol, Jamestown, Little Compton, |
| Middletown, New Shoreham, Portsmouth, Tiverton and Warren and the cities of East Providence, |
| Newport and Pawtucket. |
| 21-28.11-10.4. Medical marijuana program parity. |
| No later than April 1, 2024, the commission shall, in collaboration with the department of |
| health and the office of management and budget, conduct and deliver to the governor, the speaker |
| of the house of representatives, and the president of the senate a study relating to the impact of the |
| implementation of adult use cannabis in Rhode Island on the existing medical marijuana program |
| (MMP) established pursuant to chapter 28.6 of title 21. This study shall examine and make |
| recommendations relating to, without limitation, the following: |
| (1) The extent to which the introduction of adult use cannabis has diminished or eliminated |
| the availability of certain medical marijuana products or product types; |
| (2) The extent to which patient cardholders in Rhode Island have experienced new or |
| greater obstacles to obtaining medical marijuana, including on the basis of price, quantity, product |
| type, or geographic location; |
| (3) The extent to which the number of caregiver registrations and/or the number of plant |
| tag certificates issued by the commission increases or decreases; and |
| (4) The extent to which the introduction of the new adult use cannabis tax and license fee |
| structure requires a realignment of the existing medical marijuana tax and license fee structure. |
| 21-28.11-11. Cannabis testing laboratories -- Licensure and oversight. |
| (a) In consultation with the department of health, the commission shall have authority to |
| promulgate regulations to create and implement all licenses involving cannabis reference testing |
| requirements, including approval of laboratory proficiency programs and proficiency sample |
| providers, quality assurance sample providers, round robin testing and regulations establishing |
| quality control and test standardization, and create and implement additional types and classes of |
| licensed cannabis testing facilities in accordance with regulations promulgated hereunder. |
| (b)(1) The regulations promulgated by the commission shall at a minimum provide for the |
| licensure and oversight of cannabis testing laboratories, and shall establish testing protocols for the |
| sampling, testing and analysis of cannabis, finished cannabis and cannabis products in consultation |
| with the department of health. Such regulations shall be based on the most recent standards as |
| issued by the United States Pharmacopeial Convention and shall address sampling and analysis to |
| characterize the cannabinoid profile and biological and chemical contaminants, including, but not |
| limited to, pesticides, herbicides, plant growth regulators, metals, microbiological contaminants, |
| and residual solvents introduced through cultivation of cannabis plants and post-harvest processing |
| and handling of cannabis, cannabis products and ingredients. |
| (2) No cannabis or cannabis product shall be sold or otherwise marketed pursuant to this |
| chapter that has not first been tested by a cannabis testing laboratory and determined to meet the |
| commission's testing protocols issued pursuant to subsection (a) of this section. |
| (3) A licensed cannabis testing laboratory shall transport, store, possess, and test cannabis |
| in compliance with regulations promulgated by the commission. Nothing in this section shall be |
| construed as authorizing a cannabis testing laboratory to transfer or sell cannabis to a consumer. A |
| direct sale or transfer from a cannabis testing laboratory licensee to a consumer is prohibited. |
| (4) A cannabis testing laboratory shall report any results indicating contamination to the |
| commission, the department of health and the department of environmental management within |
| forty-eight (48) hours of identification. |
| (5) No laboratory agent or employee of a cannabis testing laboratory shall receive direct or |
| indirect financial compensation, other than such reasonable contractual fees to conduct such testing, |
| from any entity for which it is conducting testing pursuant to this chapter. |
| (6) No individual who possesses an interest in or is a laboratory agent employed by a |
| cannabis testing laboratory, and no immediate family member of that individual, shall possess an |
| interest in or be employed by a cultivator, product manufacturer or retail cannabis establishment. |
| (c) To qualify for issuance of a cannabis testing laboratory license under this section, an |
| applicant shall satisfy all qualifications established by the commission to include, but not be limited |
| to, the following: |
| (1) Apply for a license in a manner prescribed by the commission; |
| (2) Provide proof that the applicant is twenty-one (21) years of age or older and is a resident |
| of the state; |
| (3) Undergo a criminal record background check pursuant to § 21-28.11-12.1 and on any |
| terms established by the commission; |
| (4) Provide proof that the applicant is current and in compliance with all obligations for |
| filings and payments for taxes with the division of taxation; |
| (5) Provide a nonrefundable application fee as determined by the commission and |
| promulgated by rules and regulations and apply for a testing license from the commission prior to |
| testing, processing or transporting cannabis; and |
| (6) Prior to the issuance of any license and for any period of renewal, the applicant shall |
| submit an annual license fee as determined by the commission and promulgated by rules and |
| regulations. |
| (d) Cannabis testing laboratories shall be responsible for ensuring the following, as related |
| to laboratory agents: |
| (1) A laboratory agent shall be registered with the commission prior to volunteering or |
| working at a cannabis testing laboratory; |
| (2) A cannabis testing laboratory shall apply to the commission for a registration document |
| for each affiliated laboratory agent by submitting, at a minimum, the name, address, and date of |
| birth of the laboratory agent; |
| (3) A laboratory agent shall undergo a criminal background check pursuant to § 21-28.11- |
| 12.1 and on terms established by the commission, prior to volunteering or working at a cannabis |
| testing laboratory. Laboratory agents shall also have a continuing duty to notify the commission of |
| any criminal conviction(s) that occur after the issuance of a registration document. A criminal |
| conviction shall not automatically result in suspension or revocation of registration, but shall be |
| subject to § 21-28.11-12.1; and |
| (4) A cannabis testing laboratory shall notify the commission within one business day if a |
| laboratory agent ceases to be associated with the laboratory, and the laboratory agent's registration |
| document shall be immediately revoked. |
| (e) A cannabis testing laboratory and all agents and employees shall comply with all rules |
| adopted by the commission and all applicable laws. |
| (f) As a condition of licensing and pursuant to the provisions of § 21-28.11-20, cannabis |
| testing laboratories shall consent and be subject to inspection by the commission or personnel |
| designated by the commission for the purposes of ensuring and enforcing compliance with this |
| chapter and all rules and regulations promulgated pursuant to this chapter, to include, but not be |
| limited to, the provisions of chapter 5 of title 28 (the "fair employment practices act"). |
| (g) Persons issued cannabis testing laboratory licenses shall be subject to the following: |
| (1) A licensed cannabis testing laboratory shall notify and request approval from the |
| commission of any change in his or her name or address within ten (10) days of the change. A |
| licensed cannabis testing laboratory who fails to notify the commission of any of these changes |
| shall be subject to an administrative fine of no more than one hundred fifty dollars ($150) or other |
| penalty as determined by the commission. |
| (2) When a licensed cannabis testing laboratory notifies the commission of any changes |
| listed in this subsection, the commission shall issue the licensed cannabis testing laboratory a new |
| registry identification document after the department approves the changes and receives from the |
| licensee payment of a fee specified in regulation. |
| (3) If a licensed cannabis testing laboratory loses his or her license document, he or she |
| shall notify the commission and submit a fee specified in regulation not to exceed the amount of |
| one hundred dollars ($100), within ten (10) days of losing the license document. The commission |
| shall issue a new license with a new random identification number. |
| (4) A licensed cannabis testing laboratory has a continuing duty to notify the commission |
| of any criminal conviction(s) of a laboratory licensee or agent that occurs after the issuance of a |
| license or registration. A criminal conviction relating solely to a cannabis offense shall not |
| automatically result in suspension or revocation of a license, but shall be subject to § 21-28.11- |
| 12.1. |
| (5) If a licensed cannabis testing laboratory violates any provision of this chapter or |
| regulations promulgated hereunder as determined by the commission, his or her issued license may |
| be suspended and/or revoked. |
| (h) Immunity. |
| (1) No licensed cannabis testing laboratory licensee or agent shall be subject to: arrest; |
| prosecution; search or seizure, except as authorized pursuant to §§ 21-28.11-20 and 21-28.11-27 |
| and by subsection (f) of this section; 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 chapter, chapter |
| 28.6 of title 21 and the rules and regulations promulgated by the commission. |
| (2) No principal officers, board members, agents, volunteers, or employees of a licensed |
| cannabis testing laboratory shall be subject to arrest; prosecution; search or seizure, except as |
| authorized pursuant to §§ 21-28.11-20 and 21-28.11-27 and by subsection (f) of this section; 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 cannabis cultivator to engage in acts permitted by this chapter, |
| chapter 28.6 of title 21 and the rules and regulations promulgated by the commission. |
| (3) No state employee or commission member shall be subject to arrest; prosecution; search |
| or seizure, except as authorized pursuant to §§ 21-28.11-20 and 21-28.11-27 and by subsection (f) |
| of this section; 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 chapter, chapter 28.6 of title 21 and the rules and regulations |
| promulgated by the commission. The provisions of §§ 9-31-8 and 9-31-9 shall be applicable to this |
| section. |
| 21-28.11-12. Licenses for handlers and employees. |
| (a) The commission by rule or regulation may promulgate rules and regulations to establish |
| the registration or licensing of an individual who performs work for or on behalf of a person or |
| entity licensed pursuant to the provisions of this chapter to include, but not be limited to, employees, |
| independent contractors, transporters, security personnel, quality control or testing personnel, |
| packagers and sales personnel. Individuals registered or licensed pursuant to this section shall be |
| required to comply with all rules adopted by the commission and all applicable laws. |
| (b) Fees for registration or licensing established by rules and regulations promulgated by |
| the commission pursuant to the provisions of this section shall be set forth in the rules and |
| regulations. |
| 21-28.11-12.1. Criminal record information -- Permitted use. |
| (a) The commission shall require all applicants for license and registration under this |
| chapter to undergo a national criminal background check prior to issuing any license or registration. |
| The 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 background check that shall include fingerprints submitted to the Federal Bureau of |
| Investigation. Upon the discovery of any criminal record information, 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 |
| criminal record information. 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 |
| also inform the commission, in writing, of the nature of the criminal record information. In those |
| situations in which no criminal record 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 commission, in writing, of |
| this fact. The applicant shall be responsible for any expense associated with the national |
| background check. |
| (b) All applicants for license or registration have a duty to truthfully and fully disclose prior |
| criminal convictions to the commission and any information the commission requests related to |
| said convictions. If issued a license or registration by the commission, licensees have a continuing |
| duty to truthfully and fully disclose any subsequent criminal convictions to the commission, along |
| with any information the commission requests related to said convictions. Failure to do so may |
| result in the denial, suspension, or revocation of a license or registration, and criminal prosecution |
| pursuant to § 21-28.11-27 and/or other applicable law. |
| (c) "Conviction" as used throughout this chapter shall have the same meaning as set forth |
| in § 21-28.6-6(g). |
| (d) No person shall be automatically disqualified to practice, pursue, or engage in any |
| business or activity licensed or registered by the commission pursuant to the provisions of this |
| chapter, solely relating to a prior conviction of a cannabis or marijuana possession crime or crimes |
| unless: |
| (1) The underlying crime or crimes involved the distribution of a controlled substance, |
| including cannabis or marijuana, to a minor; or |
| (2) The underlying crime or crimes substantially relates to the occupation to which the |
| license or registration applies. Any other state law to the contrary will be superseded by this |
| provision. |
| (e) No occupational license or registration issued by the commission shall be suspended or |
| revoked, solely or in part, because of a prior or subsequent possession of cannabis or marijuana |
| offense conviction of a crime or crimes unless the underlying crime or crimes substantially relate |
| to the occupation to which the license or registration applies. Any other state law to the contrary |
| will be superseded by this provision. |
| (f) A person who has been convicted of a crime may be disqualified to practice, pursue or |
| engage in any business activity licensed by the commission pursuant to this chapter or chapter 28.6 |
| of title 21 if the commission determines that the circumstances of the conviction are substantially |
| related to the occupation for which the license or registration is sought. In determining if a |
| conviction substantially relates to the occupation for which the license or registration is sought, the |
| commission shall consider: |
| (1) The state's legitimate interest in protecting the property and the safety and welfare of |
| specific individuals or the general public; |
| (2) The relationship of the crime or crimes to the ability, capacity, and fitness required to |
| perform the duties and discharge the responsibilities of the position of employment or occupation; |
| and |
| (3) The state's legitimate interest in equal access to employment for individuals who have |
| had past contact with the criminal justice system. |
| (g) A person who has been convicted of a crime or crimes that substantially relates to the |
| occupation for which a license is sought may not be automatically disqualified from the occupation |
| if the person can establish by competent evidence, satisfactory in the discretion of the commission, |
| of sufficient rehabilitation and present fitness to perform the duties of the occupation for which the |
| license is sought. The commission shall consider the time elapsed since the conviction when |
| determining sufficient rehabilitation, as well as any evidence presented by the applicant regarding: |
| (1) Completion of a period of at least two (2) years after release from imprisonment, or at |
| least two (2) years after the sentencing date for a probation sentence or suspended sentence not |
| accompanied by incarceration, without subsequent conviction or pending criminal charge; |
| (2) The nature, seriousness, and relevance of the crime or crimes for which convicted; |
| (3) All circumstances relative to the crime or crimes, including mitigating circumstances |
| surrounding the commission of the crime or crimes; |
| (4) The age of the person at the time the crime or crimes were committed; |
| (5) Claims that the criminal record information is in error or inadmissible; and |
| (6) All other competent evidence of rehabilitation and present fitness presented, including, |
| but not limited to, letters of reference by persons who have been in contact with the applicant since |
| the applicant's release from any state or federal correctional institution. |
| (h) The following criminal records may not be used in connection with any application for |
| a license or registration submitted pursuant to the provisions of this chapter: |
| (1) Juvenile adjudications; |
| (2) Records of arrest not followed by a conviction; |
| (3) Convictions that have been, pursuant to law, annulled or expunged; |
| (4) Misdemeanor convictions for which no jail sentence can be imposed; or |
| (5) A conviction that does not substantially relate to the occupation for which the license |
| or registration is sought, as determined by subsection (f) of this section. |
| (i) If the commission intends to deny, suspend, or revoke an occupational license, permit, |
| or registration solely or in part because of the individual's prior conviction of a crime that is |
| determined to be substantially related to the occupation for which the license or registration applies, |
| the commission shall notify the individual in writing of the following prior to the final decision: |
| (1) The specific conviction(s) that forms the basis for the potential denial, suspension, or |
| revocation and the rationale for deeming the conviction substantially related to the occupation or |
| activity; |
| (2) A copy of the conviction history report, if any, on which the commission relies; |
| (3) A statement that the applicant may provide evidence of mitigation or rehabilitation, as |
| described in subsection (g) of this section; and |
| (4) Instructions on how to respond to the potential denial, suspension, or revocation. |
| (j) After receiving the notice of potential denial, suspension, or revocation, the individual |
| shall have thirty (30) business days to respond. |
| (k) If a the commission denies, suspends, or revokes a license or registration solely or in |
| part because of the applicant's substantially related conviction, the commission shall issue a final |
| written decision that addresses the following: |
| (1) The specific conviction(s) that form the basis for the denial, suspension, or revocation |
| and the rationale for deeming the conviction(s) substantially related to the occupation or activity; |
| (2) A copy of the conviction history report, if any, on which the commission relies; |
| (3) The process for appealing the decision in accordance with chapter 35 of title 42; and |
| (4) The earliest date the person may reapply for license or registration which shall not be |
| longer than two (2) years from the date of the final decision. |
| (m) (l) Notwithstanding any general or special law to the contrary, except as otherwise |
| provided in this chapter, any prior conviction for a crime that has been decriminalized, or is eligible |
| for expungement pursuant to the provisions of this chapter cannot serve as grounds, either solely |
| or in part, for denial, suspension or revocation of a license or registration pursuant to this chapter. |
| (n) (m) The commission shall adopt rules and regulations establishing standards and |
| procedures consistent with the provisions of this section. |
| 21-28.11-12.2. Labor peace agreement -- Requirements. |
| (a) For the purposes of this section, the following terms shall have the following meanings: |
| (1) "Bona fide labor organization" is a labor union that represents or is actively seeking to |
| represent cannabis workers. |
| (2) "Labor peace agreement" means an agreement between a licensee and a bona fide labor |
| organization that, at a minimum, protects the state's proprietary interests by prohibiting labor |
| organizations and members from engaging in picketing, work stoppages, boycotts, and any other |
| economic interference with the entity. |
| (b) All retail licensees, including retail licensees pursuant to § 21-28.11-10.2, hybrid |
| cannabis retailers pursuant to § 21-28.11-10, and compassion centers licensed pursuant to chapter |
| 28.6 of title 21 shall, enter into, maintain, and abide by the terms of a labor peace agreement, and |
| shall submit to the commission an attestation by a bona fide labor organization stating that the |
| applicant meets this section's requirements. |
| (c) Compassion centers authorized to purchase and deliver cannabis and cannabis products |
| to registered qualifying patients and their registered primary caregivers or authorized purchasers, |
| or other marijuana establishment licensees shall be required to meet the requirements established |
| in this section before conducting retail adult sales of cannabis and cannabis products to consumers |
| as a hybrid cannabis retailer pursuant to the provisions of this chapter. |
| (d) Compliance with the requirements of this section are deemed to be an ongoing material |
| condition of the license, and any violation may result in suspension, revocation and/or non-renewal |
| of the license by the commission. |
| (e) Nothing in this chapter shall be construed to limit the National Labor Relations Act, |
| Labor Management Relations Act, the Railway Labor Act, or other conflicting federal law |
| 21-28.11-13. Taxes. |
| (a) The following taxes are imposed on the retail sale of adult use cannabis pursuant to the |
| provisions of this chapter. |
| (1) Sales tax pursuant to the provisions of § 44-18-18; |
| (2) A state cannabis excise tax equal to ten percent (10%) of each retail sale as defined in |
| § 44-18-8; and |
| (3) A local cannabis excise tax equal to three percent (3%) of each retail sale as defined in |
| § 44-18-8. |
| (b) The assessment, collection and enforcement of the sales tax pursuant to § 44-18-18, the |
| state cannabis excise tax, and the local cannabis excise tax shall be pursuant to the provisions of |
| chapters 18 and 19 of title 44 and paid to the tax administrator by the retailer at the time and in the |
| manner prescribed for sales tax in § 44-19-10. The retailer shall add the taxes imposed by this |
| chapter to the sales price or charge, and when added, the taxes constitute a part of the price or |
| charge, is a debt from the consumer or user to the state, and is recoverable at law in the same manner |
| as other debts. |
| (c) All sums received by the division of taxation under this section as local cannabis excise |
| tax or associated amounts as penalties, forfeitures, interest, costs of suit, and fines for failure to |
| timely report or pay the local cannabis excise tax shall be distributed at least quarterly and credited |
| and paid by the state treasurer to the city or town where the cannabis is delivered. |
| (d) There is created within the general fund a restricted receipt account known as the |
| "marijuana trust fund." Revenue collected from the state cannabis excise tax or associated amounts |
| as penalties, forfeitures, interest, costs of suit, and fines for failure to timely report or pay the state |
| cannabis excise tax shall be deposited into this account and used to fund programs and activities |
| related to program administration; revenue collection and enforcement; substance use disorder |
| prevention for adults and youth; education and public awareness campaigns, including awareness |
| campaigns relating to driving under the influence of cannabis; treatment and recovery support |
| services; public health monitoring, research, data collection, and surveillance; law enforcement |
| training and technology improvements, including grants to local law enforcement; and such other |
| related uses that may be deemed necessary. |
| (e) Revenue collected from the sales tax shall be deposited into the general fund. |
| 21-28.11-14. Municipal fees. |
| No fee, tax, charge or expense shall be assessed or collected by or on behalf of a |
| municipality from an individual licensed pursuant to the provisions of this chapter, except for any |
| fee, tax, charge or expense generally assessed or collected from residents or businesses located in |
| the municipality or as required by applicable law. |
| 21-28.11-15. Municipal authority. |
| (a) Other than a city or town that is a host community for an existing licensed medical |
| cannabis treatment center, any city or town may, by resolution of the city or town council, cause to |
| be printed on the ballot in an election held on or before November 8, 2022, the following question: |
| "Shall new cannabis related licenses for businesses involved in the cultivation, manufacture, |
| laboratory testing and for the retail sale of adult recreational use cannabis be issued in the city (or |
| town)?" |
| (b) Upon the adoption of a resolution by the city or town council pursuant to the provisions |
| of subsection (a) of this section, the commission shall not issue any new cannabis related license |
| pursuant to the provisions of this chapter unless and until the electors of the city or town vote to |
| approve the issuance of new cannabis related licenses within the city or town. This provision shall |
| not apply to the issuance of hybrid cannabis retailer licenses. |
| (c) If a majority of ballots cast on which the electors indicated their choice is against |
| granting the licenses, then no new license pursuant to this chapter shall be issued by the commission |
| relating to the sale of recreational cannabis within the city or town. Provided, however, any existing |
| marijuana cultivator or cannabis testing laboratory licensed pursuant to chapter 28.6 of title 21 shall |
| be permitted to continue operating within the municipality pursuant to the conditions of licensure |
| (including license renewals) without regard to a referendum conducted pursuant to this section. |
| (d) Any city or town that by referendum declines to allow the issuance of new licenses |
| relating to the sale of recreational marijuana will not be eligible to receive revenue pursuant to § |
| 21-28.11-13. |
| (e) A city or town that by referendum declines to allow the issuance of new cannabis related |
| licenses pursuant to the provisions of this chapter may subsequently resubmit the question required |
| by this section to the electors of the city or town, but only upon the passage of a joint resolution of |
| approval by the general assembly. |
| (f) For the purpose of this section, "cannabis related licenses" includes licenses for |
| cultivation, manufacture, laboratory testing and/or retail sale. |
| 21-28.11-16. Local control. |
| (a) A city or town may adopt ordinances and by-laws that impose reasonable safeguards |
| on the operation of cannabis establishments, provided they are not unreasonable and impracticable |
| and are not in conflict with this chapter or with regulations made pursuant to this chapter and that: |
| (1) Govern the time, place and manner of cannabis establishment operations and of any |
| business dealing in cannabis accessories, except that zoning ordinances or by-laws shall not operate |
| to: |
| (i) Prevent the conversion of a medical marijuana compassion center licensed or registered |
| engaged in the manufacture or sale of cannabis or cannabis products to an adult use retail cannabis |
| establishment engaged in the same type of activity under this chapter; or |
| (ii) Limit the number of cannabis establishments below the limits established pursuant to |
| this chapter; |
| (2) Restrict the licensed cultivation, processing and manufacturing of cannabis that is a |
| public nuisance; |
| (3) Establish reasonable restrictions on public signs related to cannabis establishments; |
| provided, however, that if a city or town enacts an ordinance or by-law more restrictive than the |
| commission's standard, then the local ordinance or by-law shall not impose a standard for signage |
| more restrictive than those applicable to retail establishments that sell alcoholic beverages within |
| that city or town; and |
| (4) Establish a civil penalty for violation of an ordinance or by-law enacted pursuant to this |
| subsection, similar to a penalty imposed for violation of an ordinance or by-law relating to alcoholic |
| beverages. |
| (b) A city or town may adopt ordinances that ban or impose restrictions on the smoking or |
| vaporizing of cannabis in public places, including outdoor common areas, parks, beaches, athletic |
| and recreational facilities and other public spaces. |
| (c) No city or town shall prohibit the transportation of cannabis or cannabis products or |
| adopt an ordinance or by-law that makes the transportation of cannabis or cannabis products |
| unreasonable and impracticable. |
| 21-28.11-17. No right to license. |
| (a) Nothing contained in this chapter shall be construed as establishing a right in any person |
| or entity to be issued a license or certificate pursuant to this chapter. |
| (b) The commission shall exercise discretion to issue licenses and certificates to further the |
| purposes of this chapter and may deny any application, suspend an application period, impose |
| moratoriums on applications and/or issuance of licenses to further the purpose of public safety, the |
| orderly administration of cannabis production, distribution and sale and to promote the purposes of |
| this chapter. |
| (c) No appeal for a denial of a license shall be sustained solely on the grounds that the |
| person or entity satisfied the qualifications for issuance of a license. |
| 21-28.11-17.1 General conditions for licenses. |
| (a) Upon receipt of a complete cannabis establishment license application and the |
| application fee, the commission shall forward a copy of the application to the city or town in which |
| the cannabis establishment is to be located, determine whether the applicant and the premises |
| qualify for the license and has complied with this chapter and shall, within ninety (90) days: |
| (1) Acknowledge that the application is satisfactory and complete; or |
| (2) Send to the applicant a notice of rejection setting forth specific reasons why the license |
| application is incomplete, rejected, unsatisfactory or fails to comply with the application |
| requirements. |
| (b) The commission may, subject to the rules and regulations promulgated by the |
| commission and in the exercise of the commission's discretion pursuant to § 21-28.11-17, approve |
| a cannabis establishment license application and issue a license if: |
| (1) The prospective cannabis establishment has submitted an application in compliance |
| with regulations made by the commission, the applicant satisfies the requirements established by |
| the commission, the applicant is in compliance with this chapter and the regulations made by the |
| commission and the applicant has paid any required fee; |
| (2) No notification of non-compliance from the city or town has been received by the |
| commission within forty-five (45) days; |
| (3) The property where the proposed cannabis establishment is to be located, at the time |
| the license application is received by the commission, is not located within five hundred feet (500') |
| of a pre-existing public or private school providing education in kindergarten or any of grades one |
| through twelve (12), unless a city or town adopts an ordinance or by-law that reduces the distance |
| requirement; |
| (4) The applicant, and any agents or employees of the applicant as required by the |
| commission pursuant to its rules and regulations, have undergone a criminal background check |
| pursuant to § 21-28.11-12.1 and on terms established by the commission; |
| (5) As a condition of licensing, cannabis establishments shall consent and be subject to |
| inspection by the commission for the purposes of ensuring and enforcing compliance with this |
| chapter and all rules and regulations promulgated pursuant to this chapter, to include, but not be |
| limited to, the provisions of chapter 5 of title 28 (the "fair employment practices act"), chapter 28 |
| of title 21 (the "the uniform controlled substances act") and title 44 ("taxation"); and |
| (6) Every individual who will be a controlling person of the proposed cannabis |
| establishment has not been convicted of a felony or convicted of an offense in another state that |
| would be a felony in this state and which would substantially relate to the occupation for which the |
| applicant has applied for licensure, or the prior conviction is solely for a marijuana possession |
| offense subject to expungement, or the individual is determined to be not disqualified pursuant to |
| § 21-28.11-12.1. |
| (c) In addition to requirements established in regulation, by the commission, or by |
| ordinance of a city or town pursuant to this chapter, a cannabis establishment shall: |
| (1) Secure every entrance to the establishment in order that access to areas containing |
| cannabis is restricted to employees and others permitted by the cannabis establishment to access |
| the area and to agents of the commission or state and local law enforcement officers and emergency |
| personnel; and |
| (2) Secure its inventory and equipment during and after operating hours to deter and |
| prevent theft of cannabis, cannabis products and cannabis accessories. |
| (d) No cannabis establishment may cultivate, process, test, store or manufacture cannabis |
| or cannabis products at any location other than at a physical address which has been approved by |
| the commission and within an area that is enclosed and secured in a manner that prevents access |
| by persons not permitted by the cannabis establishment to access the area. |
| (e) No cannabis establishment shall allow cultivation, processing, manufacture, sale or |
| display of cannabis or cannabis products to be visible from a public place without the use of |
| binoculars, aircraft or other optical aids, as determined by the commission. |
| (f) No cannabis establishment shall refuse representatives of the commission the right at |
| any time of operation to inspect the entire licensed premises or to audit the books and records of |
| the cannabis establishment for the purposes of ensuring and enforcing compliance with this chapter |
| and all rules and regulations promulgated by the commission pursuant to this chapter. |
| (g) No cannabis establishment shall allow any person under twenty-one (21) years of age |
| to volunteer or work for the cannabis establishment. |
| (h) No cannabis establishment shall cultivate, manufacture, sell or otherwise transact |
| business involving any products containing cannabinoids other than those that were produced, |
| distributed and taxed in compliance with this chapter. |
| (i) All cannabis establishments shall be subject to any regulations promulgated by the |
| commission that specify the manner by which cannabis shall be tested, including but not limited |
| to, potency, cannabinoid profile, and contaminants. |
| (j) All cannabis establishments shall be subject to any product labeling requirements |
| promulgated by the commission. |
| (k) License required. No person or entity shall operate a cannabis establishment without an |
| appropriate license(s) and/or registration(s) issued by the commission. |
| (l) Each licensee shall file an emergency response plan with the fire department and police |
| department of the host community pursuant to rules and regulations promulgated by the |
| commission pursuant to this chapter. |
| 21-28.11-18. Enforcement. |
| (a)(1) Notwithstanding any other provision of this chapter, if the commission has cause to |
| believe that a violation of any provision of chapters 21-28.6 or 21-28.11 or any regulations |
| promulgated thereunder has occurred by a licensee that is under the commission's jurisdiction |
| pursuant to chapters 21-28.6 or 21-28.11, or that any person or entity is conducting any activities |
| requiring licensure or registration by the commission under chapters 21-28.6 or 28.11 or the |
| regulations promulgated thereunder without such licensure or registration, the commission may, in |
| accordance with the requirements of the administrative procedures act, chapter 35 of title 42: |
| (i) With the exception of patients and authorized purchasers, revoke or suspend a license |
| or registration; |
| (ii) Levy an administrative penalty in an amount established pursuant to law or regulations |
| promulgated by the cannabis control commission; |
| (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 chapters 21-28.6 or 21-28.11 to take such actions as are necessary |
| to comply with such chapter and the regulations promulgated thereunder; or |
| (v) Any combination of the penalties authorized by this section. |
| (2) If the commission finds that emergency action imperative to public health, safety, or |
| welfare is required, and incorporates a finding to that effect in its order, summary suspension of |
| license or registration and/or cease and desist may be ordered pending proceedings for revocation |
| or other action. Any such proceedings shall be promptly instituted and determined pursuant to the |
| provisions of § 21-28.11-5(a)(31)(32). |
| (b) If a person exceeds the possession limits in violation of law or is in violation of any |
| other section of chapters 21-28.6 or 21-28.11 or the regulations promulgated thereunder, he or she |
| may also be subject to arrest and prosecution under chapter 28 of title 21. |
| (c) All cannabis establishment licensees are subject to inspection by the cannabis control |
| commission, including, but not limited to, the licensed premises, all cannabis and cannabis products |
| located on the licensed premises, personnel files, training materials, security footage, all business |
| records and business documents including, but not limited to, purchase orders, transactions, sales, |
| and any other financial records or financial statements whether located on the licensed premises or |
| not. |
| (d) All cannabis products that are held within the borders of this state in violation of the |
| provisions of chapters 28.6 or 28.11 of title 21 or the regulations promulgated thereunder are |
| declared to be contraband goods and may be seized by the commission, the tax administrator or his |
| or her agents, or employees, or by any sheriff, or his or her deputy, or any police or other law |
| enforcement officer in accordance with applicable law when requested by the tax administrator or |
| cannabis control commission to do so, without a warrant. All contraband goods seized by the state |
| under this chapter may be destroyed or saved as evidence for the purposes of criminal prosecution. |
| (e) Notwithstanding any other provision of law, the commission may make available to |
| law enforcement and public safety personnel, any information that it may consider proper including |
| information contained in licensing records, inspection reports and other reports and records |
| maintained by the commission, as necessary or appropriate for purposes of ensuring compliance |
| with state laws and regulations. Nothing in this act shall be construed to prohibit law enforcement, |
| public safety, fire, or building officials from investigating violations of or enforcing state law. |
| 21-28.11-18.1. Cannabis office. |
| (a) There is hereby established the "cannabis office". The director of the department of |
| business regulation shall grant to the cannabis office reasonable access to appropriate physical |
| accommodations and expert and other appropriate staff. |
| (b) Upon final issuance of the commission's rules and regulations, whenever in the general |
| laws, rules or regulations the term "office of cannabis regulation" appears, the term shall mean the |
| "cannabis office" established pursuant to the provisions of this section. |
| (c) The administrator of the cannabis office shall be appointed by the governor with the |
| advice and consent of the senate and shall be in the unclassified service. |
| (d) The administrator of the cannabis office shall report to the commission, and consistent |
| with the provisions of this chapter and in furtherance of coordinating the oversight and |
| administration of cannabis use shall have the following powers, duties and responsibilities: |
| (1) Exercise the powers and perform duties as directed and delegated by the commission |
| in relation to the administration of the cannabis office, including, but not limited to, budgetary and |
| fiscal matters; |
| (2) Advise and assist the commission in carrying out any of the commission's functions, |
| powers, and duties; |
| (3) As authorized by the commission, enter into contracts, memoranda of understanding, |
| and agreements to effectuate the policy and purpose of this chapter; |
| (4) Prescribe forms of applications for licenses under this chapter; |
| (5) Prepare reports and information as deemed necessary by the commission; |
| (6) Inspect or provide for inspections of any licensed premises where cannabis is cultivated, |
| processed, stored, distributed or sold as directed or authorized by the commission; |
| (7) Provide office accommodations, hearing rooms, and direct administrative and |
| personnel support and staff to the commission in order to carry out the commission's duties and |
| responsibilities; |
| (8) Maintain records of regulations, licenses, and permits issued and revoked by the |
| commission in a manner that information is readily available regarding identity of licensees, |
| including the names of officers and directors of corporate licensees and the location of all licensed |
| premises; |
| (9) Delegate the powers provided in this section to employees as may be deemed |
| appropriate; |
| (10) Coordinate across state agencies and departments to conduct research and to study |
| cannabis use and the regulated cannabis industry and the impact access to cannabis products may |
| have on public health and public safety; |
| (11) Issue guidance and industry advisories; |
| (12) Study the administration and alignment of cannabis regulation and as necessary make |
| recommendations to the commission to improve administration; |
| (13) As directed by the commission, coordinate with the staff designated by the respective |
| directors of each state agency regarding adult use of cannabis, medical cannabis and industrial |
| hemp with the objective of producing positive economic, public safety, and health outcomes for |
| the state and its citizens; |
| (14) As directed by the commission, offer guidance to and communicate with municipal |
| officials regarding the implementation and enforcement of this chapter and chapter 28.6 of title 21; |
| and |
| (15) As directed by the commission, communicate with regulatory officials from other |
| states that allow cannabis for adult use and medical cannabis use, and benefit from the experiences |
| of those states. |
| (e) Subject to appropriation by the general assembly, the administrator of the cannabis |
| office is authorized to retain and employ employees of the office of cannabis regulation as |
| employees in the cannabis office who shall remain in the classified service. Any proposed new |
| hires or additional staff or employees to be employed by the cannabis office shall be approved by |
| the commission and shall be in the classified service. Any employees hired by the office of cannabis |
| regulation after the enactment of this chapter and prior to the appointment of the commission shall |
| be in the classified service. |
| 21-28.11-19. Multiple licenses restricted. |
| (a) No person or entity licensed pursuant to the provisions of this chapter or chapter 28.6 |
| of title 21, except as provided in subsection (c) of this section, shall be granted more than one |
| license. |
| (b) No licensee shall own, control, manage or operate any other entity licensed pursuant to |
| the provisions of this chapter. |
| (c) Nothing in this chapter or chapter 28.6 of title 21 shall be construed to prohibit a |
| compassion center licensed pursuant to the provisions of chapter 28.6 of title 21 from acquiring |
| additional licensing issued to conduct retail sales as a hybrid cannabis retailer pursuant to the |
| provisions of this chapter. |
| (d) Nothing in this chapter shall be construed to prohibit one person from investing in |
| multiple licensed entities under this chapter; provided no one person or entity shall be a majority |
| owner in more than one licensed entity. |
| 21-28.11-20. Inspections, audits and investigations. |
| (a) As a condition of licensure, cannabis establishments are subject to inspection by the |
| commission or personnel designated by the commission. Inspections shall occur periodically, at |
| reasonable times and shall be limited in scope to determine compliance with the provisions of this |
| chapter and chapter 28.6 of title 21 and the rules and regulations promulgated by the commission. |
| During inspections the commission or designated personnel may examine and inspect any premises, |
| books, records, papers, stocks of cannabis or cannabis products. |
| (b) The commission may request and authorize administrative inspections to be conducted |
| by the department of health or the state police. For purposes of this section, "administrative |
| inspection" shall mean any inspection, independent of a criminal investigation, that is conducted |
| for the purpose of determining compliance with applicable state law and rules and regulations of |
| the commission. |
| (c) The tax administrator shall have authority to conduct inspections of all matters |
| necessary to determine compliance with the provisions of this chapter and the provisions of title 44 |
| ("taxation"). |
| (d) Any licensee who wrongfully fails to cooperate with an inspection authorized pursuant |
| to the provisions of this section shall be guilty of a misdemeanor punishable by imprisonment of |
| up to one year, or a fine of not more than five thousand dollars ($5,000) per violation per day, or |
| both, and revocation of a license. |
| 21-28.11-21. Expiration and renewal. |
| (a) Except pursuant to § 21-28.11-10(e), all licenses under this chapter shall be effective |
| for one year from the date of issuance. |
| (b) Subject to rules and regulations, the commission shall issue a renewal license within |
| thirty (30) days of receipt of a renewal application and renewal license fee from licensees in good |
| standing as determined by the commission and who have filed all required tax returns and paid all |
| required taxes. |
| 21-28.11-22. Personal use of cannabis. |
| (a) Notwithstanding any other general or special law to the contrary, except as otherwise |
| provided in this chapter, a person twenty-one (21) years of age or older shall not be arrested, |
| prosecuted, penalized, sanctioned or disqualified under the laws of the state in any manner, or |
| denied any right or privilege and shall not be subject to seizure or forfeiture of assets for: |
| (1) Possessing, using, purchasing from a licensed cannabis retailer, or processing one ounce |
| (1 oz.) or less of cannabis, or the equivalent amount in the form of cannabis concentrate; |
| (2) Within any residence, possessing, cultivating or processing not more than a total of |
| three (3) mature cannabis plants and up to a total of three (3) immature cannabis plants per dwelling |
| unit for personal use and as long as all security requirements as promulgated by the commission |
| are complied with. These limits shall apply no matter how many persons reside at the premises; |
| (3) Within the person's primary residence, possessing up to ten ounces (10 oz.) total of |
| cannabis per resident, in addition to any live cannabis plants lawfully kept on the premises in |
| compliance with subsection (a)(2) of this section, as long as all security requirements as |
| promulgated by the commission are complied with; |
| (4) Assisting another person who is twenty-one (21) years of age or older in any of the acts |
| described in this section; or |
| (5) Giving away or otherwise transferring without remuneration up to one ounce (1 oz.) of |
| cannabis, or the equivalent amount in the form of cannabis concentrate, to a person twenty-one (21) |
| years of age or older, as long as the transfer is not advertised or promoted to the public. |
| (b) Notwithstanding any other general or special law to the contrary, except as otherwise |
| provided in this chapter, a person shall not be arrested, prosecuted, penalized, sanctioned or |
| otherwise denied any benefit and shall not be subject to seizure or forfeiture of assets for allowing |
| property the person owns, occupies or manages to be used for any of the activities conducted |
| lawfully under this chapter or for enrolling or employing a person who engages in cannabis-related |
| activities lawfully under this chapter. |
| (c) Absent clear and convincing evidence that the person's actions related to cannabis have |
| created an unreasonable danger to the safety of a minor child, neither the presence of cannabinoid |
| components or metabolites in a person's bodily fluids nor conduct permitted under this chapter |
| related to the possession, consumption, transfer, cultivation, manufacture or sale of cannabis, |
| cannabis products or cannabis accessories by a person charged with the well-being of a child shall |
| form the sole or primary basis for substantiation, service plans, removal or termination or for denial |
| of custody, visitation or any other parental right or responsibility. |
| (d) The use of cannabis shall not disqualify a person from any needed medical procedure |
| or treatment, including organ and tissue transplants. |
| (e) Nothing contained within this chapter or chapter 28.6 of title 21 shall be construed as |
| authorizing the smoking or vaporizing of cannabis in any public place. The smoking or vaporizing |
| of cannabis is prohibited in any public place that prohibits the smoking or vaporizing of tobacco |
| products as well as any place that prohibits the smoking or vaporizing of cannabis including by |
| rule, regulation, or by local ordinance. |
| 21-28.11-23. Cannabis accessories authorized. |
| Notwithstanding any general or special law to the contrary, except as otherwise provided |
| in this chapter, a person twenty-one (21) years of age or older shall not be arrested, prosecuted, |
| penalized, sanctioned or disqualified and shall not be subject to seizure or forfeiture of assets for |
| possessing, purchasing or otherwise obtaining or manufacturing cannabis accessories or for selling |
| or otherwise transferring cannabis accessories to a person who is twenty-one (21) years of age or |
| older. |
| 21-28.11-24. Lawful operation of cannabis establishments. |
| (a) Notwithstanding any general or special law to the contrary, except as otherwise |
| provided in this chapter or in rules and regulations adopted pursuant to the provisions of this |
| chapter, the following persons involved in the distribution of cannabis as authorized by this chapter |
| shall not be arrested, prosecuted, penalized, sanctioned or disqualified and shall not be subject to |
| seizure or forfeiture of assets for activities specified for: |
| (1) A cannabis retailer or hybrid cannabis retailer or an owner, operator, employee or other |
| agent acting on behalf thereof possessing cannabis or cannabis products, purchasing, selling or |
| otherwise transferring or delivering cannabis or cannabis products to or from a cannabis |
| establishment; or selling or otherwise transferring or delivering cannabis or cannabis products to a |
| consumer; |
| (2) A cannabis cultivator or an owner, operator, employee or other agent acting on behalf |
| of a cannabis cultivator cultivating, propagating, breeding, harvesting, processing, packaging, |
| storing or possessing cannabis or cannabis products, or selling or otherwise transferring, purchasing |
| or delivering cannabis and cannabis products to or from a cannabis establishment; |
| (3) A cannabis product manufacturer or an owner, operator, employee or other agent acting |
| on behalf of a cannabis product manufacturer packaging, processing, manufacturing, storing or |
| possessing cannabis or cannabis products, or delivering, selling or otherwise transferring and |
| purchasing cannabis or cannabis products to or from a cannabis establishment; or |
| (4) A cannabis testing laboratory or an owner, operator, employee or other agent acting on |
| behalf of a cannabis testing laboratory possessing, processing, storing, transferring or testing |
| cannabis or cannabis products. |
| (b) Any licensee, or agent or employee thereof, under this chapter who reasonably relies |
| on a valid state issued identification card, or on a valid motor vehicle license, or on a valid passport |
| issued by the United States government, or by the government of a foreign country recognized by |
| the United States government, or a valid United States issued military identification card, for proof |
| of a person's identity and age shall not suffer any modification, suspension, revocation or |
| cancellation of such license, nor shall the licensee, agent or employee suffer any criminal liability, |
| for delivering or selling cannabis or cannabis products to a person under twenty-one (21) years of |
| age. Any licensee, or agent or employee thereof, under this chapter, who reasonably relies on the |
| forms of identification listed in this subsection, for proof of a person's identity and age, shall be |
| presumed to have exercised due care in making such delivery or sale of cannabis or cannabis |
| products to a person under twenty-one (21) years of age. Such presumption shall be rebuttable. |
| 21-28.11-25. Contracts pertaining to cannabis enforceable. |
| It is the public policy of the state that contracts related to the operation of cannabis |
| establishments under this chapter shall be enforceable. A contract entered into by a licensee or its |
| agents as permitted pursuant to a valid license issued by the commission, or by those who allow |
| property to be used by a licensee or its agents as permitted pursuant to a valid license issued by the |
| commission, shall not be unenforceable or void exclusively because the actions or conduct |
| permitted pursuant to the license is prohibited by federal law. |
| 21-28.11-26. Provision of professional services. |
| A person engaged in a profession or occupation subject to licensure shall not be subject to |
| disciplinary action by a professional licensing board solely for providing professional services to |
| prospective or licensed cannabis establishments related to activity under this chapter that is not |
| subject to criminal penalty under the laws of the state. |
| 21-28.11-27. Penalties. |
| (a) Every person who engages in any activity regulated by this chapter without a license or |
| registration required by the provisions of this chapter may be prosecuted and punished pursuant to |
| the provisions of chapter 28 of title 21 (the "uniform controlled substances act") or other applicable |
| law. |
| (b) Every person who engages in any activity in violation of § 21-28.11-22 may be |
| prosecuted and punished pursuant to the provisions of chapter 28 of title 21 (the uniform controlled |
| substances act). |
| (c) Except as otherwise provided in this chapter, any person licensed pursuant to this |
| chapter or acting as an agent for an entity licensed pursuant to this chapter shall be guilty of a |
| felony and may be imprisoned not more than five (5) years and fined not more than ten thousand |
| dollars ($10,000), or both and shall forfeit any licenses pursuant to this chapter if that person |
| knowingly and willfully: |
| (1) By fraud, deceit, or misrepresentation or subterfuge materially omits or falsifies any |
| information related to: (i) The application for a license or renewal of a license to be issued pursuant |
| to this chapter; or (ii) Any report, notice or filing required to be submitted to the commission, the |
| cannabis office, the tax administrator or the department of revenue; or |
| (2) Knowingly and willfully transfers cannabis to a minor in violation of the provisions of |
| this chapter and chapter 28.6 of title 21. |
| 21-28.11-27.1. No minors on the premises of marijuana establishments. |
| A cannabis establishment shall not allow any person who is under twenty-one (21) years |
| of age to be present inside any room where cannabis or cannabis products are stored, produced, or |
| sold by the cannabis establishment unless the person who is under twenty-one (21) years of age is: |
| (1) A government employee performing their official duties; or |
| (2) If the cannabis establishment is a hybrid cannabis retailer that also holds a compassion |
| center license pursuant § 21-28.6-12 for the same licensed premises and the individual under |
| twenty-one (21) years of age is a qualifying patient registered under chapter 28.6 of title 21 and the |
| retail establishment complies with applicable regulations promulgated by the commission. |
| 21-28.11-27.2. Drug awareness program. |
| The department of behavioral healthcare, development disabilities and hospitals (BHDDH) |
| shall develop substance abuse prevention programs and student assistance programs for youth |
| pursuant to chapter chapters 21.1 21.2 and 21.3 of title 16, and in accordance with the criteria set |
| forth in §§ 16-21.2-4(a) and 16-21.3-2(a). The drug awareness program shall provide at least four |
| (4) hours of classroom instruction or group discussion and ten (10) hours of community service. |
| 21-28.11-28. Liability to state under this chapter as debt. |
| Any liability to the state under this chapter shall constitute a debt to the state. Once a |
| statement of debt naming a licensee is recorded, registered or filed, any such debt shall constitute |
| a lien on all commercial property owned by a licensee in the state and shall have priority over an |
| encumbrance recorded, registered or filed with respect to any site. |
| 21-28.11-29. Prohibited activities. |
| (a) This chapter shall not permit: |
| (1) Any person to undertake any task under the influence of cannabis when doing so would |
| constitute negligence or professional malpractice; |
| (2) The smoking or vaporizing of cannabis: |
| (i) In a school bus or other form of public transportation; |
| (ii) On any school grounds; |
| (iii) In any correctional facility; |
| (iv) In any public place or other place where smoking or vaporizing of tobacco is prohibited |
| by federal or state law or by local ordinance; |
| (v) In any licensed drug treatment facility in this state; or |
| (vi) Where exposure to the cannabis smoke significantly adversely affects the health, |
| safety, or welfare of children; or |
| (3) Any person to operate, navigate, or be in actual physical control of any motor vehicle, |
| aircraft, or motorboat while under the influence of cannabis. However, a person shall not be |
| considered to be under the influence solely for having cannabis metabolites in his or her system. |
| (b) Nothing in this chapter shall be construed to require: |
| (1) A government medical assistance program or private health insurer 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 cannabis; 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 cannabis. |
| (d) Nothing contained in this chapter shall be construed to require employers to |
| accommodate the use or possession of cannabis, or being under the influence of cannabis, in any |
| workplace or the use of cannabis in any other location while an employee is performing work, |
| including remote work. Employers may implement drug use policies which prohibit the use or |
| possession of cannabis in the workplace or while performing work from being under the influence |
| of cannabis, provided that unless such use is prohibited pursuant to the terms of a collective |
| bargaining agreement, an employer shall not fire or take disciplinary action against an employee |
| solely for an employee's private, lawful use of cannabis outside the workplace and as long as the |
| employee has not and is not working under the influence of cannabis except to the extent that: |
| (1) The employer is a federal contractor or otherwise subject to federal law or regulations |
| such that failure to take such action would cause the employer to lose a monetary or licensing |
| related benefit thereunder; or |
| (2) The employee is employed in a job, occupation or profession that is hazardous, |
| dangerous or essential to public welfare and safety. If the employee's job, occupation or profession |
| involves work that is hazardous, dangerous or essential to public welfare and safety then the |
| employer may adopt and implement policies which prohibit the use or consumption of cannabis |
| within the twenty-four (24) hour period prior to a scheduled work shift or assignment. For purposes |
| of this section, hazardous, dangerous or essential to public welfare and safety shall include, but not |
| be limited to: operation of an aircraft, watercraft, heavy equipment, heavy machinery, commercial |
| vehicles, school buses or public transportation; use of explosives; public safety first responder jobs; |
| and emergency and surgical medical personnel. |
| (e) Nothing contained in this chapter shall prevent an employer from refusing to hire, |
| discharging, disciplining, or otherwise taking an adverse employment action against a person with |
| respect to hire, tenure, terms, conditions, or privileges of employment because of that person's |
| violation of a workplace drug policy or because that person was working while under the influence |
| of cannabis. |
| (f) 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 cannabis or cannabis products; |
| (2) Possessing or using cannabis or cannabis products if the person is in state custody; |
| (3) Possessing or using cannabis or cannabis products in any local detention facility, jail, |
| state prison, reformatory, or other correctional facility, including, without limitation, any facility |
| for the detention of juvenile offenders; |
| (4) Manufacturing or processing of cannabis products with the use of prohibited solvents, |
| in violation of this chapter and chapter 28.6 of title 21; or |
| (5) Possessing, using, distributing, cultivating, processing or manufacturing cannabis or |
| cannabis products which do not satisfy the requirements of this chapter and chapter 28.6 of title 21. |
| (g) Except as provided in this section, the provisions of this chapter do not require any |
| person, corporation, state department or any other entity that occupies, owns, or controls a property |
| to allow the consumption, or transfer of marijuana on or in that property. |
| (h) Except as provided in this section, in the case of the rental of a residential dwelling unit |
| governed by chapter 18 of title 34, a landlord may not prohibit the consumption of cannabis by |
| non-smoked or non-vaporized means, or the transfer without compensation of cannabis by the |
| tenant as defined in § 34-18-11, provided the tenant is in compliance with the possession and |
| transfer limits and other requirements set forth in this chapter. |
| 21-28.11-30. Employer's duties. |
| Nothing in this chapter shall be construed to preempt or limit the duties of any employer |
| under applicable law, or shall permit an employer to require an employee to disclose sealed or |
| expunged offenses, unless otherwise required by law. |
| 21-28.11-31. Social equity assistance program and fund. |
| (a)(1) Findings. The general assembly finds that additional efforts are needed to reduce |
| barriers to ownership and/or participation in the cannabis industry for individuals and communities |
| most adversely impacted by the enforcement of cannabis-related laws. |
| (2) In the interest of establishing a legal cannabis industry that is equitable and accessible |
| to those most adversely impacted by the enforcement of cannabis-related laws, the general |
| assembly finds and declares that a social equity program should be established. |
| (3) The general assembly also finds and declares that individuals who have been arrested |
| or incarcerated due to cannabis related laws suffer long-lasting negative consequences, including |
| impacts to employment, business ownership, housing, health, and long-term financial well-being. |
| (4) The general assembly also finds and declares that family members, especially children, |
| and communities of those who have been arrested or incarcerated due to cannabis related laws, |
| suffer from emotional, psychological, and financial harms as a result of such arrests or |
| incarcerations. |
| (5) Furthermore, the general assembly finds and declares that certain communities have |
| disproportionately suffered the harms of enforcement of cannabis-related laws. Those communities |
| face greater difficulties accessing capital to finance the start-up costs for cannabis establishments. |
| (6) The general assembly also finds that individuals who have resided in areas of high |
| poverty suffer negative consequences, including barriers to entry in employment, business |
| ownership, housing, health, and long-term financial well-being. |
| (7) The general assembly also finds and declares that promotion of business ownership by |
| individuals who have resided in areas of high poverty and high enforcement of cannabis-related |
| laws furthers a more equitable cannabis industry. |
| (8) Therefore, in the interest of mitigating the harms resulting from the enforcement of |
| cannabis-related laws, the general assembly finds and declares that a social equity program should |
| offer, among other things, business assistance and license application benefits to individuals most |
| directly and adversely impacted by the enforcement of cannabis-related laws who are interested in |
| establishing or participating in a cannabis business entity. |
| (b) There is created in the state treasury within the general fund, a fund which shall be held |
| separate and apart from all other state monies, to be known as the social equity assistance fund. |
| The social equity assistance fund, subject to appropriation, shall be exclusively used for the |
| following purposes: |
| (1) To provide grants to approved social equity applicants to pay for ordinary and necessary |
| expenses to establish and/or operate a cannabis establishment, and to also further promote the goals |
| of this chapter, including without limitation, job training and workforce development, mentoring |
| services and technical assistance; |
| (2) To support the waiver or reduction of application and licensing fees pursuant to this |
| section for social equity applicants; and |
| (3) To implement and administer programming for restorative justice, jail diversion, drug |
| rehabilitation and education workforce development for jobs related to cannabis cultivation, |
| transportation, distribution and sales;. |
| (c) The social equity assistance fund shall be subject to appropriation. The fund shall |
| consist of all monies received on account of the state as a result of application for, and licensing of, |
| individuals and entities pursuant to the provisions of this chapter, exclusive of licensing fees paid |
| pursuant to the provisions of chapter 28.6 of title 21. Additionally, except as otherwise provided, |
| the fund shall consist of all administrative penalties received for violations of this chapter, except |
| tax violations and interest earned on balances in the fund. |
| (d) The commission shall administer the social equity assistance fund and the authorized |
| disbursement of funds, as appropriated by the general assembly. In consultation with the cannabis |
| advisory board, the commission shall promulgate rules and regulations establishing the criteria, |
| eligibility, qualifications and process for administering the disbursement of funds from the social |
| equity assistance fund. |
| (e) Reporting. Beginning September 1, 2023, and each year thereafter, the commission |
| shall annually report to the governor and the general assembly on the outcomes and effectiveness |
| of this section that shall include, but not be limited to, the following: |
| (1) The number of persons or businesses receiving assistance under this section; |
| (2) The amount in financial assistance awarded in the aggregate, in addition to the amount |
| of grants awarded; and |
| (3) If applicable, the number of new jobs and other forms of economic impact created as a |
| result of assistance from the social equity assistance fund. |
| (f) Fee waivers. |
| (1) For social equity applicants as defined in § 21-28.11-3, the commission may waive up |
| to one hundred percent (100%) of any nonrefundable license application fees or any nonrefundable |
| fees associated with acquiring a license to operate a cannabis establishment, pursuant to rules and |
| regulations promulgated by the commission in consultation with the cannabis advisory board. |
| (2) If the commission determines that an applicant who applied as a social equity applicant |
| is not eligible for social equity status, the applicant shall be provided an additional ten (10) days to |
| provide alternative evidence that the applicant qualifies as a social equity applicant. Alternatively, |
| the applicant may pay all required fees and be considered as a non-social equity applicant. If the |
| applicant cannot do either, then any application fee shall be returned and the application process |
| shall be terminated. |
| (g) Transfers of cannabis establishment licenses awarded to a social equity applicant are |
| subject to all other provisions of this chapter, and applicable law; provided however, that a license |
| issued to a social equity applicant shall only be transferred to another qualified social equity |
| applicant as determined and approved by the commission. |
| (h) Reporting. |
| (1) By September 1, 2023, and on the first day of September of every year thereafter, or |
| upon request by the commission, each cannabis establishment licensed under this chapter and § 21- |
| 28.6-12 ("The Edward O. Hawkins and Thomas C. Slater Medical Marijuana Act") shall report to |
| the commission, on a form to be provided by the commission, information that will allow it to |
| assess the extent of diversity in the medical and adult use cannabis industry and methods for further |
| reducing or eliminating any identified barriers to entry, including without limitation, access to |
| capital. |
| (2) Failure of a cannabis establishment to respond to the request of the commission to |
| complete the form, report, and any other request for information may be grounds for disciplinary |
| action by the commission pursuant to this chapter. The information to be collected shall identify, |
| without limitation, the following: |
| (i) The number and percentage of licenses provided to social equity applicants; |
| (ii) The total number and percentage of employees in the cannabis industry who meet the |
| criteria in the definition of social equity applicant; and |
| (iii) Recommendations on reducing or eliminating any identified barriers to entry, |
| including access to capital, in the cannabis industry. |
| 21-28.11-32. Severability. |
| If any provision of this chapter or its application thereof to any person or circumstance is |
| held invalid, such invalidity shall not affect other provisions or applications of this chapter, which |
| can be given effect without the invalid provision or application, and to this end the provisions of |
| this chapter are declared to be severable. |
| SECTION 2. The title of Chapter 44-49 of the General Laws entitled "Taxation of |
| Marijuana and Controlled Substances" is hereby amended to read as follows: |
| CHAPTER 44-49 |
| Taxation of Marijuana and Controlled Substances |
| CHAPTER 44-49 |
| CONTROLLED SUBSTANCES TAXATION ACT |
| SECTION 3. Sections 44-49-1, 44-49-2, 44-49-4, 44-49-5, 44-49-7, 44-49-8, 44-49-9, 44- |
| 49-9.1, 44-49-10, 44-49-11 and 44-49-12 of the General Laws in Chapter 44-49 entitled "Taxation |
| of Marijuana and Controlled Substances" are hereby amended to read as follows: |
| 44-49-1. Short title. |
| This chapter shall be known as the "Marijuana and Controlled Substances Taxation Act". |
| 44-49-2. Definitions. |
| (a) "Controlled substance" means any drug or substance, whether real or counterfeit, as |
| defined in § 21-28-1.02(8), that is held, possessed, transported, transferred, sold, or offered to be |
| sold in violation of Rhode Island laws. "Controlled substance" does not include marijuana. |
| (b) "Dealer" means a person who in violation of Rhode Island law manufactures, produces, |
| ships, transports, or imports into Rhode Island or in any manner acquires or possesses more than |
| forty-two and one half (42.5) grams of marijuana, or seven (7) or more grams of any controlled |
| substance, or ten (10) or more dosage units of any controlled substance which is not sold by weight. |
| A quantity of marijuana or a controlled substance is measured by the weight of the substance |
| whether pure or impure or dilute, or by dosage units when the substance is not sold by weight, in |
| the dealer's possession. A quantity of a controlled substance is dilute if it consists of a detectable |
| quantity of pure controlled substance and any excipients or fillers. |
| (c) "Marijuana" means any marijuana, whether real or counterfeit, as defined in § 21-28- |
| 1.02(30), that is held, possessed, transported, transferred, sold, or offered to be sold in violation of |
| Rhode Island laws. |
| 44-49-4. Rules. |
| The tax administrator may adopt rules necessary to enforce this chapter. The tax |
| administrator shall adopt a uniform system of providing, affixing, and displaying official stamps, |
| official labels, or other official indicia for marijuana and controlled substances on which a tax is |
| imposed. |
| 44-49-5. Tax payment required for possession. |
| No dealer may possess any marijuana or controlled substance upon which a tax is imposed |
| under this chapter unless the tax has been paid on the marijuana or a controlled substance as |
| evidenced by a stamp or other official indicia. |
| 44-49-7. Pharmaceuticals. |
| Nothing in this chapter shall require persons lawfully in possession of marijuana or a |
| controlled substance to pay the tax required under this chapter. |
| 44-49-8. Measurement. |
| For the purpose of calculating this tax, a quantity of marijuana or a controlled substance is |
| measured by the weight of the substance whether pure or impure or dilute, or by dosage units when |
| the substance is not sold by weight, in the dealer's possession. A quantity of a controlled substance |
| is dilute if it consists of a detectable quantity of pure controlled substance and any excipients or |
| fillers. |
| 44-49-9. Tax rate. |
| A tax is imposed on marijuana and controlled substances as defined in § 44-49-2 at the |
| following rates: |
| (1) On each gram of marijuana, or each portion of a gram, three dollars and fifty cents |
| ($3.50); and |
| (2)(1) On each gram of controlled substance, or portion of a gram, two hundred dollars |
| ($200); or |
| (3)(2) On each ten (10) dosage units of a controlled substance that is not sold by weight, |
| or portion of the dosage units, four hundred dollars ($400). |
| 44-49-9.1. Imposition of tax, interest and liens. |
| (a) Any law enforcement agency seizing marijuana and/or controlled substances as defined |
| in § 44-49-2 in the quantities set forth in that section shall report to the division of taxation no later |
| than the twenty-fifth (25th) of each month, the amount of all marijuana and controlled substances |
| seized during the previous month and the name and address of each dealer from whom the |
| marijuana and controlled substances were seized. |
| (b) The tax administrator shall assess the dealer for any tax due at the rate provided by § |
| 44-49-9. The tax shall be payable within fifteen (15) days after its assessment and, if not paid when |
| due, shall bear interest from the date of its assessment at the rate provided in § 44-1-7 until paid. |
| (c) The tax administrator may file a notice of tax lien upon the real property of the dealer |
| located in this state immediately upon mailing a notice of assessment to the dealer at the address |
| listed in the report of the law enforcement agency. The tax administrator may discharge the lien |
| imposed upon the filing of a bond satisfactory to the tax administrator in an amount equal to the |
| tax, interest and penalty imposed under this chapter. |
| 44-49-10. Penalties -- Criminal provisions. |
| (a) Penalties. Any dealer violating this chapter is subject to a penalty of one hundred |
| percent (100%) of the tax in addition to the tax imposed by § 44-49-9. The penalty will be collected |
| as part of the tax. |
| (b) Criminal penalty; sale without affixed stamps. In addition to the tax penalty imposed, |
| a dealer distributing or possessing marijuana or controlled substances without affixing the |
| appropriate stamps, labels, or other indicia is guilty of a crime and, upon conviction, may be |
| sentenced to imprisonment for not more than five (5) years, or to payment of a fine of not more |
| than ten thousand dollars ($10,000), or both. |
| (c) Statute of limitations. An indictment may be found and filed, or a complaint filed, upon |
| any criminal offense specified in this section, in the proper court within six (6) years after the |
| commission of this offense. |
| 44-49-11. Stamp price. |
| Official stamps, labels, or other indicia to be affixed to all marijuana or controlled |
| substances shall be purchased from the tax administrator. The purchaser shall pay one hundred |
| percent (100%) of face value for each stamp, label, or other indicia at the time of the purchase. |
| 44-49-12. Payment due. |
| (a) Stamps affixed. When a dealer purchases, acquires, transports, or imports into this state |
| marijuana or controlled substances on which a tax is imposed by § 44-49-9, and if the indicia |
| evidencing the payment of the tax have not already been affixed, the dealer shall have them |
| permanently affixed on the marijuana or controlled substance immediately after receiving the |
| substance. Each stamp or other official indicia may be used only once. |
| (b) Payable on possession. Taxes imposed upon marijuana or controlled substances by this |
| chapter are due and payable immediately upon acquisition or possession in this state by a dealer. |
| SECTION 4. Title 44 of the General Laws entitled "TAXATION" is hereby amended by |
| adding thereto the following chapter: |
| CHAPTER 70 |
| CANNABIS TAX |
| 44-70-1. Definitions. |
| (a) As used in this chapter, the following words shall, unless the context clearly requires |
| otherwise, have the following meanings: |
| (1) ''Administrator'' means the state tax administrator in the department of revenue as set |
| forth in chapter 1 of title 44. |
| (2) ''Cannabis,'' ''marijuana establishment,'' "marijuana paraphernalia," "marijuana |
| products'' and "marijuana retailer'', shall have the same meaning as defined in chapter 28.11 of title |
| 21. |
| (3) "Cannabis control commission" means the entity established as set forth in chapter |
| 28.11 of title 21. |
| (4) "Local cannabis excise tax" means the tax set forth in § 44-70-3. |
| (5) "State cannabis excise tax" means the tax set forth in § 44-70-2. |
| 44-70-2. State cannabis excise tax -- Rate -- Payment. |
| (a) Except for a sale in compliance with the provisions of chapter 28.6 of the title 21, a |
| state cannabis excise tax is hereby imposed upon the sale of cannabis or cannabis products by a |
| cannabis retailer to anyone other than a cannabis establishment at a rate of ten percent (10%) of the |
| total sales price received by the cannabis retailer as consideration for the sale of cannabis or |
| cannabis products. The state cannabis excise tax shall be levied in addition to any state sales and |
| use tax imposed upon the sale of property or services as provided in chapter 18 of title 44 and shall |
| be paid by a cannabis retailer to the administrator at the time provided for filing the return required |
| by chapters 18 and 19 of title 44. |
| (b) The assessment, collection and enforcement of the state cannabis excise tax shall be |
| pursuant to the provisions of chapters 18 and 19 of title 44 and paid to the administrator by the |
| retailer at the time and in the manner prescribed for sales tax in § 44-19-10. The retailer shall add |
| the tax imposed by this section to the sales price or charge, and when added, the tax constitutes a |
| part of the price or charge, is a debt from the consumer or user to the state and is recoverable at law |
| in the same manner as other debts. |
| (c) Failure to pay the state cannabis excise tax to the state, or any amount of tax required |
| to be collected and paid to the state, shall result in interest at the annual rate provided by § 44-1-7 |
| from the date on which the tax or amount of the tax required to be collected became due and payable |
| to the state until date of payment. |
| 44-70-3. Local cannabis excise tax. |
| (a) Except for a sale in compliance with the provisions of chapter 28.6 of title 21, there is |
| hereby levied and imposed a local cannabis excise tax upon the sale or transfer of cannabis or |
| cannabis products by a cannabis retailer to anyone other than a cannabis establishment at a rate of |
| three percent (3%) of the total sales price received by the cannabis retailer as consideration for the |
| sale of cannabis or cannabis products. |
| (b) The assessment, collection and enforcement of the local cannabis excise tax shall be |
| pursuant to the provisions of chapters 18 and 19 of title 44 and paid to the administrator by the |
| retailer at the time and in the manner prescribed for sales tax in § 44-19-10. The retailer shall add |
| the tax imposed by this section to the sales price or charge, and when added, the tax constitutes a |
| part of the price or charge, is a debt from the consumer or user to the state, and is recoverable at |
| law in the same manner as other debts. |
| (c) All sums received by the division of taxation under this section as local cannabis excise |
| tax or associated amounts as penalties, forfeitures, interest, costs of suit, and fines for failure to |
| properly pay taxes due pursuant to the provisions of this section, shall be distributed at least |
| quarterly and credited and paid by the state treasurer to the city or town where the cannabis is |
| delivered. |
| 44-70-4. Exemptions. |
| The state cannabis excise tax and the local cannabis excise tax provided by this chapter |
| shall not apply to the sale of cannabis or cannabis products by a medical marijuana treatment center |
| as defined in § 21-28.11-3 to a primary caregiver, to a qualifying patient as defined in § 21-28.6-3, |
| cardholder, compassion center cardholder, or authorized purchaser pursuant to chapter 28.6 of title |
| 21. |
| 44-70-5. Application of tax revenue. |
| The administrator shall deposit revenue collected pursuant to this chapter from the state |
| cannabis excise tax or associated amounts as penalties, forfeitures, interest, costs of suit, and fines |
| for failure to timely report or pay the state cannabis excise tax into the marijuana trust fund pursuant |
| to § 21-28.11-13(d) and revenue from the sales tax into the general fund. |
| 44-70-6. Rates of taxation. |
| The general assembly may adjust the rates of taxation provided for in this chapter at any |
| time. The cannabis control commission may make such recommendations to the general assembly, |
| as the commission deems appropriate, in regard to the rate of taxation set forth in this chapter. |
| 44-70-7. Returns. |
| (a) Every licensed adult use cannabis retailer shall, on or before the twentieth day of the |
| month following the sale of cannabis products, make a return to the tax administrator for taxes due |
| under §§ 44-70-2 and 44-70-3. Adult use cannabis retailers shall file their returns on a form as |
| prescribed by the tax administrator. |
| (b) If for any reason an adult use cannabis retailer fails to collect the tax imposed by §§ 44- |
| 70-2 and 44-70-3 from the purchaser, the purchaser shall file a return and pay the tax directly to |
| the state, on or before the date required by subsection (a) of this section. |
| (c) Notwithstanding any other provision of law, the cannabis control commission and tax |
| administrator may, on a periodic basis, prepare and publish for public distribution a list of entities |
| and their active licenses administered under this chapter. Each list may contain the license type, |
| name of the licensee, and the amount of tax paid under this chapter. |
| (d) Notwithstanding any other provision of law, the cannabis control commission and tax |
| administrator may, on a periodic basis, prepare and publish for public distribution a list of entities |
| and their active licenses administered under this chapter. Each list may contain the license type, |
| name of the licensee, and the amount of tax paid under this chapter. |
| 44-70-8. Sale of contraband products prohibited. |
| (a) No person shall sell, offer for sale, display for sale, or possess with intent to sell any |
| contraband cannabis, or cannabis products. |
| (b) Any cannabis or cannabis products exchanged in which one of the two (2) entities does |
| not have a license or exchanged between a non-licensed entity and a consumer shall be considered |
| contraband. |
| (c) Any cannabis or cannabis products for which applicable taxes have not been paid as |
| specified in title 44 this title shall be considered contraband. |
| (d) Failure to comply with the provisions of this chapter may result in the imposition of the |
| applicable civil penalties in § 44-70-13; however, the possession of cannabis or cannabis products |
| as described in this chapter do not constitute contraband for purposes of imposing a criminal penalty |
| under chapter 28 of title 21. |
| 44-70-9. Recordkeeping. |
| (a) Each licensee shall maintain copies of invoices or equivalent documentation for, or |
| itemized for, each transaction involving the sale or transfer of cannabis or cannabis products. All |
| records and invoices required under this section must be safely preserved for three (3) years in a |
| manner to insure permanency and accessibility for inspection by the administrator or his or her |
| authorized agents. |
| (b) Records required under this section shall be preserved on the premises described in the |
| relevant license in such a manner as to ensure permanency and accessibility for inspection at |
| reasonable hours by authorized personnel of the administrator. |
| (c) Any person who fails to submit the reports required in this chapter or by the tax |
| administrator under this chapter, or who makes any incomplete, false, or fraudulent report, or who |
| refuses to permit the tax administrator or his or her authorized agent to examine any books, records, |
| papers, or stocks of cannabis or cannabis products as provided in this chapter, or who refuses to |
| supply the tax administrator with any other information which the tax administrator requests for |
| the reasonable and proper enforcement of the provisions of this chapter, shall be guilty of a |
| misdemeanor punishable by imprisonment up to one (1) year, or a fine of not more than five |
| thousand dollars ($5,000), or both, for the first offense, and for each subsequent offense, shall be |
| fined not more than ten thousand dollars ($10,000), or be imprisoned not more than five (5) years, |
| or both. |
| 44-70-10. Inspections and investigations. |
| (a) The tax administrator or his or her duly authorized agent shall have authority to enter |
| and inspect, without a warrant during normal business hours, and with a warrant during nonbusiness |
| hours, the facilities and records of any licensee. |
| (b) In any case where the administrator or his or her duly authorized agent, or any police |
| officer of this state, has knowledge or reasonable grounds to believe that any vehicle is transporting |
| cannabis or cannabis products in violation of this chapter, the administrator, such agent, or such |
| police officer, is authorized to stop such vehicle and to inspect the same for contraband cannabis |
| or cannabis products. |
| (c) For the purpose of determining the correctness of any return, determining the amount |
| of tax that should have been paid, determining whether or not the licensee should have made a |
| return or paid taxes, or collecting any taxes under this chapter, the tax administrator may examine, |
| or cause to be examined, any books, papers, records, or memoranda, that may be relevant to making |
| those determinations, whether the books, papers, records, or memoranda, are the property of or in |
| the possession of the licensee or another person. The tax administrator may require the attendance |
| of any person having knowledge or information that may be relevant, compel the production of |
| books, papers, records, or memoranda by persons required to attend, take testimony on matters |
| material to the determination, and administer oaths or affirmations. Upon demand of the tax |
| administrator or any examiner or investigator, any court shall issue a subpoena for the attendance |
| of a witness or the production of books, papers, records, and memoranda. Disobedience of |
| subpoenas issued under this chapter is punishable by the superior court of the district in which the |
| subpoena is issued. |
| 44-70-11. Suspension or revocation of license. |
| The tax administrator shall inform the commission and upon the receipt of such information |
| the commission shall be authorized to suspend or revoke any license under this chapter for failure |
| of the licensee to comply with any provision of this chapter or with any provision of any other law |
| or ordinance relative to the sale or transfer of cannabis or cannabis products. |
| 44-70-12. Seizure and destruction. |
| Any cannabis or cannabis products found in violation of this chapter shall be declared to |
| be contraband goods and may be seized by the tax administrator, his or her agents, or employees, |
| or by any deputy sheriff, or police officer when directed by the tax administrator to do so, without |
| a warrant. For the purposes of seizing and destroying contraband cannabis, employees of the |
| commission or cannabis office may act as agents of the tax administrator. The seizure and/or |
| destruction of any cannabis or cannabis products under the provisions of this section does not |
| relieve any person from a fine or other penalty for violation of this chapter. The commission, in |
| conjunction with the tax administrator and the department of public safety, may promulgate rules |
| and regulations for the destruction of contraband goods pursuant to this section. |
| 44-70-13. Penalties. |
| (a) Failure to file tax returns or to pay tax. In the case of failure: |
| (1) To file. The tax return on or before the prescribed date, unless it is shown that the failure |
| is due to reasonable cause and not due to willful neglect, an addition to tax shall be made equal to |
| ten percent (10%) of the tax required to be reported. For this purpose, the amount of tax required |
| to be reported shall be reduced by an amount of the tax paid on or before the date prescribed for |
| payment and by the amount of any credit against the tax which may properly be claimed upon the |
| return. |
| (2) To pay. The amount shown as tax on the return on or before the prescribed date for |
| payment of the tax unless it is shown that the failure is due to reasonable cause and not due to |
| willful neglect, there shall be added to the amount shown as tax on the return ten percent (10%) of |
| the amount of the tax. |
| (b) Negligence. If any part of a deficiency is due to negligence or intentional disregard of |
| the Rhode Island General Laws or rules or regulations under this chapter (but without intent to |
| defraud), five percent (5%) of that part of the deficiency shall be added to the tax. |
| (c) Fraud. If any part of a deficiency is due to fraud, fifty percent (50%) of that part of the |
| deficiency shall be added to the tax. This amount shall be in lieu of any other additional amounts |
| imposed by subsections (a) and (b) of this section. |
| (d) Failure to collect and pay over tax. Any person required to collect, truthfully account |
| for, and pay over any tax under this title who willfully fails to collect the tax or truthfully account |
| for and pay over the tax or willfully attempts in any manner to evade or defeat the tax or the payment |
| thereof, shall, in addition to other penalties provided by law, be liable for the imposition of a civil |
| penalty equal to the total amount of the tax evaded, or not collected, or not accounted for and paid |
| over. |
| (e) Additions and penalties treated as tax. The additions to the tax and civil penalties |
| provided by this section shall be paid upon notice and demand and shall be assessed, collected, and |
| paid in the same manner as taxes. |
| (f) Bad checks. If any check or money order in payment of any amount receivable under |
| this title is not duly paid, in addition to any other penalties provided by law, there shall be paid as |
| a penalty by the person who tendered the check, upon notice and demand by the tax administrator |
| or his or her delegate, in the same manner as tax, an amount equal to one percent (1%) of the amount |
| of the check, except that if the amount of the check is less than five hundred dollars ($500), the |
| penalty under this section shall be five dollars ($5.00). This subsection shall not apply if the person |
| tendered the check in good faith and with reasonable cause to believe that it would be duly paid. |
| (g) Misuse of trust funds. Any retailer and any officer, agent, servant, or employee of any |
| corporate retailer responsible for either the collection or payment of the tax, who appropriates or |
| converts the tax collected to his or her own use or to any use other than the payment of the tax to |
| the extent that the money required to be collected is not available for payment on the due date as |
| prescribed in this chapter, shall upon conviction for each offense be fined not more than ten |
| thousand dollars ($10,000), or be imprisoned for one year, or by both fine and imprisonment, in |
| addition to any other penalty provided by this chapter. |
| (h) Whoever fails to pay any tax imposed by this chapter at the time prescribed by law or |
| regulations, shall, in addition to any other penalty provided in this chapter, be liable for a penalty |
| of one thousand dollars ($1,000) or not more than five (5) times the tax due but unpaid, whichever |
| is greater. |
| (i) When determining the amount of a penalty sought or imposed under this section, |
| evidence of mitigating or aggravating factors, including history, severity, and intent, shall be |
| considered. |
| 44-70-14. Claim for refund. |
| Whenever the tax administrator determines that any person is entitled to a refund of any |
| monies paid by a person under the provisions of this chapter, or whenever a court of competent |
| jurisdiction orders a refund of any monies paid, the general treasurer shall, upon certification by |
| the tax administrator and with the approval of the director of revenue, pay the refund from any |
| monies in the treasury not appropriated without any further act or resolution making appropriation |
| for the refund. No refund is allowed unless a claim is filed with the tax administrator within three |
| (3) years from the fifteenth day after the close of the month for which the overpayment was made. |
| 44-70-15. Hearings and appeals. |
| (a) Any person aggrieved by any action under this chapter of the tax administrator or his |
| or her authorized agent for which a hearing is not elsewhere provided may apply to the tax |
| administrator, in writing, within thirty (30) days of the action for a hearing, stating the reasons why |
| the hearing should be granted and the manner of relief sought. The tax administrator shall notify |
| the applicant of the time and place fixed for the hearing. After the hearing, the tax administrator |
| may make the order in the premises as may appear to the tax administrator just and lawful and shall |
| furnish a copy of the order to the applicant. The tax administrator may, by notice in writing, at any |
| time, order a hearing on his or her own initiative and require the licensee or any other individual |
| whom the tax administrator believes to be in possession of information concerning any growing, |
| processing, distribution, sales, or transfer of cannabis products to appear before the tax |
| administrator or his or her authorized agent with any specific books of account, papers, or other |
| documents, for examination relative to the hearing. |
| (b) Appeals from administrative orders or decisions made pursuant to any provisions of |
| this chapter shall be to the sixth division district court pursuant to chapter 8 of title 8. The taxpayer's |
| right to appeal under this section shall be expressly made conditional upon prepayment of all taxes, |
| interest, and penalties, unless the taxpayer moves for and is granted an exemption from the |
| prepayment requirement pursuant to § 8-8-26. |
| 44-70-16. Disclosure of confidential information. |
| (a) It shall be unlawful, except in proceedings before a court of competent jurisdiction or |
| to collect the taxes or enforce the penalties provided by this chapter 70 of this title, for the tax |
| administrator or any person having an administrative duty under those chapters to make known in |
| any manner whatever the business affairs, operations, or information obtained by an investigation |
| of records and equipment of any cannabis retailer or any other person visited or examined in the |
| discharge of official duty, or the amount or source of income, profits, losses, expenditures, or any |
| particular, stated or disclosed in any return, or to permit any return or copy or any book containing |
| any abstract or particulars to be seen or examined by any person. The tax administrator may |
| authorize examination of his or her records and the returns filed with the administrator by the tax |
| authorities of another state or of the federal government if a reciprocal arrangement exists. |
| (b) Nothing in this section shall be construed to prevent the disclosure or publication of |
| statistical or other information where the identity of individual taxpayers is not made known. |
| (c) Notwithstanding subsections subsection (a) or (b) of this section or any other provision |
| of law, the tax administrator shall make available to an authorized agent of the commission or the |
| office of cannabis, any information that the administrator may consider proper contained in tax |
| reports or returns or any audit or the report of any investigation made with respect to them, filed |
| pursuant to the tax laws of this state, to whom disclosure is necessary for the purpose of ensuring |
| compliance with state law and regulations. |
| 44-70-17. Transfer of revenue. |
| The division of taxation shall transfer all collections remitted by adult use marijuana |
| retailers pursuant to this chapter due to the net revenue of marijuana products. The tax administrator |
| may base this transfer on an estimate of the net revenue of marijuana products derived from any |
| other tax data collected under this title 44 or data shared by the commission or cannabis office. |
| 44-70-18. Rules and regulations. |
| The tax administrator is authorized to promulgate rules and regulations to carry out the |
| provisions, policies, and purposes of this chapter. The provisions of this chapter shall be liberally |
| construed to foster the enforcement of and compliance with all provisions herein related to taxation. |
| 44-70-19. Severability. |
| If any provision of this chapter or the application of this chapter to any person or |
| circumstances is held invalid, that invalidity shall not affect other provisions or applications of the |
| chapter that can be given effect without the invalid provision or application, and to this end the |
| provisions of this chapter are declared to be severable. |
| SECTION 5. Sections 21-28.6-5, 21-28.6-6, 21-28.6-12, 21-28.6-15 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: |
| 21-28.6-5. 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. 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 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. |
| (d) On and after December 1, 2022, no fee shall be charged for application, registration or |
| renewal of an identification card for a patient or primary caregiver pursuant to the provisions of |
| this section. Registry identification cards for qualifying patients, authorized purchasers and primary |
| caregivers shall be issued without charge. |
| 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; |
| (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 purchasers 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 |
| 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 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 subsection (g)(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. |
| (5) Information produced by a national criminal records check pertaining to a conviction |
| for any felony offense under chapter 28 of this title ("Rhode Island controlled substances act"); |
| murder; manslaughter; rape; first-degree sexual assault; second-degree sexual assault; first-degree |
| child molestation; second-degree child molestation; kidnapping; first-degree arson; second-degree |
| arson; mayhem; robbery; burglary; breaking and entering; assault with a dangerous weapon; assault |
| or battery involving grave bodily injury; and/or assault with intent to commit any offense |
| punishable as a felony or a similar offense from any other jurisdiction shall result in a letter to the |
| applicant and the department 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. |
| (6) The primary caregiver or authorized purchaser applicant shall be responsible for any |
| expense associated with the national criminal records check. |
| (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) 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. |
| (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. |
| (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. |
| (3) Registry identification cards shall contain: |
| (i) The date of issuance and expiration date of the registry identification card; |
| (ii) A random registry identification number; |
| (iii) A photograph; and |
| (iv) Any additional information as required by regulation of 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 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 any change in his or her name or address within ten (10) days of the change. A |
| primary caregiver cardholder or authorized purchaser who fails to notify the department of any of |
| these changes is responsible for a civil infraction, punishable by a fine of no more than one hundred |
| fifty dollars ($150). |
| (4) When a qualifying patient cardholder or primary caregiver cardholder notifies the |
| department of 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 a 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 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 departments, and pursuant to subsections (l) and (m). |
| (2) The application for a 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 records, chapter 2 of title |
| 38, 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 departments and pursuant to |
| subsections (l) and (m) of this section. |
| (l) Notwithstanding 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. 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, or the cannabis control commission may verify if a sale is within the provisions of |
| chapter 28.11 of title 21 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 |
| subsection (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 of 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 of |
| 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. |
| 21-28.6-12. Compassion centers. |
| (a) A compassion center 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 (the Edward |
| O. Hawkins and Thomas C. Slater medical marijuana act), apply to a compassion center unless the |
| provision(s) conflict with a provision contained in this section. |
| (b) 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 licenses for compassion centers, including regulations governing: |
| (i) The form and content of 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 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 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 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 licenses for two (2) additional compassion centers. The |
| department shall solicit input from the public, and issue licenses if qualified applicants exist. |
| (7)(i) Any time a compassion center 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 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 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 |
| licenses in Rhode Island, the department of business regulation shall accept applications for a new |
| compassion center. There shall be nine (9) compassion centers that may hold valid 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 |
| 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 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 license: |
| (1) Each application for a compassion center shall 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 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 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 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 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 license is 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; |
| (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 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; |
| (vii) The sufficiency of the applicant's plans for record keeping and security, which records |
| shall be considered confidential healthcare information under Rhode Island law and are intended |
| to be deemed protected healthcare information for purposes of the Federal Health Insurance |
| Portability and Accountability Act of 1996, as amended; and |
| (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 before it may begin operations: |
| (A) A fee paid to the department in the amount of five thousand dollars ($5,000); |
| (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; |
| (E) The name, address, and date of birth of any person who will be an agent, 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 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, employee, or |
| volunteer of the compassion center at its inception. |
| (6) Except as provided in 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. |
| (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, 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 marijuana act or that was prosecuted by an authority |
| other than the state of Rhode Island and for which the Edward O. Hawkins and Thomas C. Slater |
| medical marijuana act would otherwise have prevented a conviction. |
| (i) All registry identification card applicants shall apply to the 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, |
| 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 licensed organization's 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 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 subsection (c)(7) of |
| this section. The department of health may choose to suspend and/or revoke his or her registry |
| identification card after 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 |
| 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 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 license shall expire two (2) |
| years after its license is issued. On or after January 1, 2017, a compassion center's license shall |
| expire one year after its license is issued. The compassion center may submit a renewal application |
| beginning sixty (60) days prior to the expiration of its 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 subsections (c)(4) and |
| (c)(5) of this section, including a five-hundred-thousand-dollar ($500,000) fee; |
| (ii) The compassion center's license has never been suspended for violations of this chapter |
| or regulations issued pursuant to this chapter; and |
| (iii) The department of business regulation 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 subsections (d)(2)(i) -- (iii) of this section have not been met, the |
| department may begin an open application process for the operation of a compassion center. In |
| granting a new license, the department of health or the department of business regulation shall |
| consider factors listed in subsection (c)(3) of this section. |
| (4) The department of business regulation shall issue a compassion center one or more |
| thirty-day (30) temporary licenses after that compassion center's 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 license; and |
| (iii) The compassion center has not had its license suspended or revoked due to violations |
| of this chapter or regulations issued pursuant to this chapter. |
| (5) A compassion center's 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; |
| (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 subsection (b)(10) of this section or pursuant to § 21-28.11-19. 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 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, 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 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 (1,000') 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 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. |
| The recommendations shall not be binding upon any compassion center, nor shall the lack of |
| implementation of 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 patient cardholders with the medical use of marijuana directly or through |
| the qualifying patient's primary caregiver or authorized purchaser. This provision shall not apply |
| to hybrid cannabis retailers authorized pursuant to the provisions of § 21-28.11-10. |
| (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, 2017, each compassion center shall be subject to any regulations |
| promulgated by the departments of health and business regulation that specify how 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 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 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, 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 marijuana act. |
| (3) Compassion centers shall utilize a database administered by the departments of health |
| and business regulation. The database shall contain all compassion centers' transactions according |
| to qualifying 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 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. |
| (4) A compassion center operating as a hybrid cannabis retailer authorized to conduct adult |
| use cannabis sales pursuant to the provisions of § 21-28.11-10 may sell up to one ounce (1 oz.) of |
| cannabis to a person at least twenty-one (21) years of age as an intended consumer, in accordance |
| with the provisions of chapter 28.11 of title 21. |
| (h) Immunity: |
| (1) No 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 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 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 a qualified patient's primary caregiver or authorized |
| purchaser. This provision shall not apply to hybrid cannabis retailers authorized pursuant to the |
| provisions of § 21-28.11-10; |
| (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 and chapter 28.11 of title 21 and the rules and regulations promulgated by the commission; |
| (4) A person found to have violated 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 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 of probation may be the principal officer, |
| board member, or agent 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; and |
| (7) After March 1, 2023, and in accordance with a timeline established by the commission, |
| no compassion center shall accept any out-of-state medical marijuana card unless the patient also |
| possesses and produces a valid government identification demonstrating residency in the same state |
| that issued the medical marijuana card. |
| (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 this section |
| without a compassion center license issued by the department of business regulation. |
| 21-28.6-15. Medical 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 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 business regulation to qualifying patients and primary caregivers. |
| Effective December 1, 2022, all medical marijuana tag sets shall be provided without charge to |
| patient cardholders and/or primary caregivers authorized to grow medical cannabis. The |
| commission by rule and regulation may specify, alter or amend the method or manner of issuance |
| of tags; however, all issuance of tags after December 1, 2022, shall be without charge to patient |
| cardholders and/or primary caregivers authorized to grow medical cannabis. |
| (1) The department of business regulation shall charge an annual fee for each medical |
| marijuana tag set that shall include one tag for a mature medical marijuana plant and one tag for 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 |
| 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 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 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, 2019, and thereafter, the department of business regulation shall |
| verify with the department of health that all medical marijuana tag purchases are made by tags |
| provided to 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. |
| (5) All primary caregivers shall purchase acquire 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 acquire at least one medical |
| marijuana tag set or utilize a seed-to-sale tracking system. |
| (7) The department of business regulation shall promulgate regulations to establish a |
| process by which medical marijuana tags may be returned. 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 until issuance of final rules and regulations by the commission pursuant |
| to chapter 28.11 of title 21: |
| (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 or health, his or |
| her medical marijuana tags may be revoked. In addition, the cardholder's registration or the license |
| may revoke the cardholder's registration or license. |
| (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 ("Rhode Island controlled substances 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 marijuana plants, or marijuana material without valid medical marijuana tags sets or which |
| are not tracked in accordance with regulation, the department of business regulation shall impose |
| an administrative penalty in accordance with regulations promulgated by the department on the |
| patient cardholder, primary caregiver cardholder, licensed cooperative cultivation, compassion |
| center, licensed medical marijuana cultivator, or other person or entity for each untagged marijuana |
| plant or unit of untracked marijuana material. |
| (4) [Deleted by P.L. 2019, ch. 88, art. 15, § 5]. |
| (c) Enforcement after issuance of final rules and regulations by the commission: |
| (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 commission, his or her medical marijuana tags may |
| be revoked. In addition, the cardholder's registration or license may be revoked. |
| (2) The commission 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 ("Rhode Island controlled substances 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 marijuana plants, or marijuana material without valid medical marijuana tags sets or which |
| are not tracked in accordance with regulation, the commission shall impose an administrative |
| penalty in accordance with regulations promulgated by the commission on the patient cardholder, |
| primary caregiver cardholder, licensed cooperative cultivation, compassion center, licensed |
| medical marijuana cultivator, or other person or entity for each untagged marijuana plant or unit of |
| untracked marijuana material. |
| 21-28.6-17. Revenue. |
| (a) Effective July 1, 2016, except for the one hundred twenty-five thousand dollar |
| ($125,000) fee paid by hybrid cannabis retailers pursuant to § 21-28.11-10, 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 departments of business regulation and health until final issuance |
| of rules and regulations by the commission, at which time said account shall be housed within the |
| budget of the commission. |
| (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 until final |
| issuance of rules and regulations of the commission, at which time the revenues subject to this |
| subsection shall be used to cover any existing deficit in the commission's budget. |
| (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: |
| 21-28.6-19. Transfer of powers. |
| Upon final issuance of rules and regulations by the cannabis control commission pursuant |
| to the provisions of chapter 28.11 of title 21, including, but not limited to, § 21-28.11-18, all powers, |
| and duties, rulemaking authority, hearings, enforcement actions and administrative responsibilities |
| and duties of the department of business regulation and department of environmental management |
| with respect to this chapter shall be transferred to the cannabis control commission established |
| pursuant to § 21-28.11-4. |
| SECTION 7. 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 chapters 28.6 and 28.11 of this |
| title shall not be considered a violation of this chapter. Any person violating this section, who but |
| for his or her age at the time of the violation would be acting in accordance with chapter 28.11 of |
| this title, shall be punished by a fine of one hundred dollars ($100), forfeiture of any drug |
| paraphernalia, and shall be ordered to complete a drug awareness program pursuant to § 21-28.11- |
| 27.2. |
| SECTION 8. Chapter 12-1.3 of the General Laws entitled "Expungement of Criminal |
| Records" is hereby amended by adding thereto the following section: |
| 12-1.3-5. Expungement of marijuana records. |
| (a) Any person with a prior civil violation, misdemeanor or felony conviction for |
| possession only of a marijuana offense that has been decriminalized subsequent to the date of |
| conviction shall be entitled to have the civil violation or criminal conviction automatically |
| expunged, notwithstanding the provisions of chapter 1.3 of title 12. 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. |
| (b) Records shall be expunged pursuant to procedures and a timeline to be determined by |
| the presiding justice; provided however, that all eligible records shall be expunged before July 1, |
| 2024. |
| (c) The presiding justice may provide for an expedited procedure for expungement of a |
| prior misdemeanor or felony conviction for possession only of a marijuana offense that has been |
| decriminalized subsequent to the date of conviction. Any such expedited procedure shall require a |
| written request by the person requesting expungement, and any expedited expungement shall be |
| granted in accordance with a timeline to be determined by the presiding justice. |
| (d) If the amount of marijuana is not stated in the record of conviction or any related record, |
| report or document, then the court shall presume the amount to have been two ounces (2 oz.) or |
| less. |
| (e) Any person who has been incarcerated for misdemeanor or felony possession of |
| marijuana shall have all court costs waived with respect to expungement of his or her criminal |
| record under this section. |
| (f) If the court determines a record is to be expunged in accordance with the provisions of |
| this section, it shall order all records and records of conviction or civil adjudication relating to the |
| conviction or civil adjudication expunged and all index and other references to it removed from |
| public inspection. Within a reasonable time, the court shall send a copy of the order to the |
| department of the attorney general, the police department that originally brought the charge against |
| the person, and any other agency known by the petitioner to have possession of the records of |
| conviction or adjudication. |
| (g) Eligible expungement of convictions and civil adjudications pursuant to this section |
| shall be granted notwithstanding the existence of: |
| (1) Prior arrests, convictions, or civil adjudications including convictions for crimes of |
| violence as defined by § 12-1.3-1; |
| (2) Pending criminal proceedings; and |
| (3) Outstanding court-imposed or court-related fees, fines, costs, assessments or charges. |
| Any outstanding fees, fines, costs, assessments or charges related to the eligible conviction or civil |
| adjudication shall be waived. |
| (h) Nothing in this section shall be construed to restrict or modify a person's right to have |
| their records expunged, except as otherwise may be provided in this chapter, or diminish or |
| abrogate any rights or remedies otherwise available to the individual. |
| (i) The existence of convictions in other counts within the same case that are not eligible |
| for expungement pursuant to this section or other applicable laws shall not prevent any conviction |
| otherwise eligible for expungement under this section from being expunged pursuant to this section. |
| In such circumstances, the court shall make clear in its order what counts are expunged and what |
| counts are not expunged and/or remain convictions. In such circumstances, notwithstanding |
| subsection (e) of this section, any expungement pursuant to this subsection shall not affect the |
| records related to any count or conviction in the same case that are not eligible for expungement. |
| (j) Nothing in this section shall be construed to require the court or any other private or |
| public agency to reimburse any petitioner for fines, fees, and costs previously incurred, paid or |
| collected in association with the eligible conviction or civil adjudication. |
| (k) Any conviction or civil adjudication ordered expunged pursuant to this section shall not |
| be considered as a prior conviction or civil adjudication when determining the sentence to be |
| imposed for any subsequent crime or civil violation. |
| (l) In any application for employment, license, or other civil right or privilege, or any |
| appearance as a witness, a person whose conviction of a crime or civil adjudication has been |
| expunged pursuant to this chapter may state that he or she has never been convicted of the crime |
| or found to be a civil violator; provided, that, if the person is an applicant for a law enforcement |
| agency position, for admission to the bar of any court, an applicant for a teaching certificate, under |
| chapter 11 of title 16, a coaching certificate under § 16-11.1-1, or the operator or employee of an |
| early childhood education facility pursuant to chapter 48.1 of title 16, the person shall disclose the |
| fact of a conviction or civil adjudication. |
| (m) Whenever the records of any conviction or civil adjudication of an individual have |
| been expunged under the provisions of this section, any custodian of the records of conviction or |
| civil adjudication relating to that crime or violation shall not disclose the existence of the records |
| upon inquiry from any source, unless the inquiry is that of the individual whose record was |
| expunged, that of a bar admission, character and fitness, or disciplinary committee, board, or |
| agency, or court which is considering a bar admission, character and fitness, or disciplinary matter, |
| or that of the commissioner of elementary and secondary education, or that of any law enforcement |
| agency when the nature and character of the offense in which an individual is to be charged would |
| be affected by virtue of the person having been previously convicted or adjudicated of the same |
| offense. The custodian of any records which have been expunged pursuant to the provisions of this |
| section shall only release or allow access to those records for the purposes specified in this |
| subsection or by order of a court. |
| (n) The judiciary and its employees and agents are immune from any civil liability for any |
| act of commission or omission, taken in good faith, arising out of and in the course of participation |
| in, or assistance with the expungement procedures set forth in this section. This immunity shall be |
| in addition to and not in limitation of any other immunity provided by law. |
| SECTION 9. Section 28-7-3 of the General Laws in Chapter 28-7 entitled "Labor Relations |
| Act" is hereby amended to read as follows: |
| 28-7-3. Definitions. |
| When used in this chapter: |
| (1) "Board" means the labor relations board created by § 28-7-4. |
| (2) "Company union" means any committee employee representation plan or association |
| of employees which exists for the purpose, in whole or in part, of dealing with employers |
| concerning grievances or terms and conditions of employment, which the employer has initiated or |
| created or whose initiation or creation he or she has suggested, participated in or in the formulation |
| of whose governing rules or policies or the conducting of whose management, operations, or |
| elections the employer participates in or supervises, or which the employer maintains, finances, |
| controls, dominates, or assists in maintaining or financing, whether by compensating any one for |
| services performed in its behalf or by donating free services, equipment, materials, office or |
| meeting space or anything else of value, or by any other means. |
| (3)(i) "Employees" includes, but is not restricted to, any individual employed by a labor |
| organization; any individual whose employment has ceased as a consequence of, or in connection |
| with, any current labor dispute or because of any unfair labor practice, and who has not obtained |
| any other regular and substantially equivalent employment; and shall not be limited to the |
| employees of a particular employer, unless the chapter explicitly states otherwise; |
| (ii) "Employees" does not include any individual employed by his or her parent or spouse |
| or in the domestic service of any person in his or her home, or any individuals employed only for |
| the duration of a labor dispute, or any individuals employed as farm laborers; provided that, any |
| individual employed by an employer in an industry established or regulated pursuant to chapters |
| chapter 28.6 or 28.11 of title 21 shall be an employee within the meaning of this chapter and shall |
| not be considered a farm laborer. |
| (4) "Employer" includes any person acting on behalf of or in the interest of an employer, |
| directly or indirectly, with or without his or her knowledge, but a labor organization or any officer |
| or its agent shall only be considered an employer with respect to individuals employed by the |
| organization. |
| (5) "Labor dispute" includes, but is not restricted to, any controversy between employers |
| and employees or their representatives as defined in this section concerning terms, tenure, or |
| conditions of employment or concerning the association or representation of persons in negotiating, |
| fixing, maintaining, changing, or seeking to negotiate, fix, maintain, or change terms or conditions |
| of employment, or concerning the violation of any of the rights granted or affirmed by this chapter, |
| regardless of whether the disputants stand in the proximate relation of employer and employee. |
| (6) "Labor organization" means any organization which exists and is constituted for the |
| purpose, in whole or in part, of collective bargaining, or of dealing with employers concerning |
| grievances, terms or conditions of employment, or of other mutual aid or protection and which is |
| not a company union as defined in this section. |
| (7) "Person" includes one or more individuals, partnerships, associations, corporations, |
| legal representatives, trustees, trustees in bankruptcy, or receivers. |
| (8) "Policies of this chapter" means the policies set forth in § 28-7-2. |
| (9) "Representatives" includes a labor organization or an individual whether or not |
| employed by the employer of those whom he or she represents. |
| (10) "Unfair labor practice" means only those unfair labor practices listed in §§ 28-7-13 |
| and 28-7-13.1. |
| SECTION 10. Section 21-28-4.01 of the General Laws in Chapter 21-28 entitled "Uniform |
| Controlled Substances Act" is hereby amended to read as follows: |
| 21-28-4.01. Prohibited acts A -- Penalties. [As amended by P.L. 2021, ch. 286, § 2 and |
| P.L. 2021, ch. 287, § 2.] |
| (a)(1) Except as authorized by this chapter and chapters 28.6 and 28.11 of title 21, it shall |
| be unlawful for any person to manufacture, deliver, or possess with intent to manufacture or deliver |
| a controlled substance. |
| (2) Any person who is not a drug-addicted person, as defined in § 21-28-1.02, who violates |
| this subsection with respect to a controlled substance classified in schedule I or II, except the |
| substance classified as marijuana, is guilty of a crime and, upon conviction, may be imprisoned to |
| a term up to life or fined not more than five hundred thousand dollars ($500,000) nor less than ten |
| thousand dollars ($10,000), or both. |
| (3) Where the deliverance as prohibited in this subsection shall be the proximate cause of |
| death to the person to whom the controlled substance is delivered, it shall not be a defense that the |
| person delivering the substance was, at the time of delivery, a drug-addicted person as defined in § |
| 21-28-1.02. |
| (4) Any person, except as provided for in subsection (a)(2), who violates this subsection |
| with respect to: |
| (i) A controlled substance, classified in schedule I or II, is guilty of a crime and, upon |
| conviction, may be imprisoned for not more than thirty (30) years, or fined not more than one |
| hundred thousand dollars ($100,000) nor less than three thousand dollars ($3,000), or both; |
| (ii) A controlled substance, classified in schedule III or IV, is guilty of a crime and, upon |
| conviction, may be imprisoned for not more than twenty (20) years, or fined not more than forty |
| thousand dollars ($40,000), or both; provided, with respect to a controlled substance classified in |
| schedule III(d), upon conviction may be imprisoned for not more than five (5) years, or fined not |
| more than twenty thousand dollars ($20,000), or both. |
| (iii) A controlled substance, classified in schedule V, is guilty of a crime and, upon |
| conviction, may be imprisoned for not more than one year, or fined not more than ten thousand |
| dollars ($10,000), or both. |
| (b)(1) Except as authorized by this chapter, it is unlawful for any person to create, deliver, |
| or possess with intent to deliver, a counterfeit substance. |
| (2) Any person who violates this subsection with respect to: |
| (i) A counterfeit substance, classified in schedule I or II, is guilty of a crime and, upon |
| conviction, may be imprisoned for not more than thirty (30) years, or fined not more than one |
| hundred thousand dollars ($100,000), or both; |
| (ii) A counterfeit substance, classified in schedule III or IV, is guilty of a crime and, upon |
| conviction, may be imprisoned for not more than twenty (20) years, or fined not more than forty |
| thousand dollars ($40,000), or both; provided, with respect to a controlled substance classified in |
| schedule III(d), upon conviction may be imprisoned for not more than five (5) years, or fined not |
| more than twenty thousand dollars ($20,000), or both. |
| (iii) A counterfeit substance, classified in schedule V, is guilty of a crime and, upon |
| conviction, may be imprisoned for not more than one year, or fined not more than ten thousand |
| dollars ($10,000), or both. |
| (c)(1) It shall be unlawful for any person knowingly or intentionally to possess a controlled |
| substance, unless the substance was obtained directly from, or pursuant to, a valid prescription or |
| order of a practitioner while acting in the course of his or her professional practice, or except as |
| otherwise authorized by this chapter or chapters 28.6 and 28.11 of title 21. |
| (2) Any person who violates this subsection with respect to: |
| (i) Except as otherwise provided in §§ 21-28-4.01.1 and 21-28-4.01.2, ten grams (10 g.) or |
| less of a mixture or substance containing a detectable amount of a controlled substance classified |
| in schedules I, II, III, IV, and V, except buprenorphine and the substance classified as marijuana, |
| is guilty of a misdemeanor and, upon conviction, may be imprisoned for not more than two (2) |
| years, or fined not more than five hundred dollars ($500) or both. |
| (ii) Except as otherwise provided in §§ 21-28-4.01.1 and 21-28-4.01.2, more than ten grams |
| (10 g.), but less than one ounce (1 oz.) of a mixture or substance containing a detectable amount of |
| a controlled substance classified in schedules I, II and III, IV, and V, except buprenorphine and the |
| substance classified as marijuana, is guilty of a felony and, upon conviction, may be imprisoned |
| for not more than three (3) years, or fined not more than five thousand dollars ($5,000), or both. |
| (iii) Except as otherwise provided in §§ 21-28-4.01.1 and 21-28-4.01.2, more More than |
| one ounce (1 oz.) two ounces (2 oz.) or the equivalent amount in the form of cannabis concentrate |
| of a controlled substance classified in schedule I as marijuana is guilty of a misdemeanor unless |
| possessed inside one's own primary residence, except for those persons subject to (a)(1), and, upon |
| conviction, may be imprisoned for not more than one year, or fined not more than five hundred |
| dollars ($500), or both. Exclusive of live marijuana plants, more than ten ounces (10 oz.) of a |
| controlled substance classified in schedule I as marijuana or the equivalent amount in the form of |
| cannabis concentrate, when possessed within one's personal residence is guilty of a misdemeanor, |
| except for those persons subject to (a)(1), and, upon conviction, may be imprisoned for not more |
| than one year, or fined not less than two hundred dollars ($200) nor more than five hundred dollars |
| ($500), or both. |
| Possession of live marijuana plants in excess of the number authorized pursuant to § 21- |
| 28.11-22 but less than twenty-five (25) marijuana plants is guilty of a misdemeanor, except for |
| those persons subject to (a)(1) and, upon conviction, may be imprisoned for not more than one year, |
| or fined not less than two hundred dollars ($200) nor more than five hundred dollars ($500), or |
| both. |
| Possession of twenty-five (25) or more live marijuana plants is guilty of a felony, except |
| for those persons subject to (a)(1), and upon conviction, may be imprisoned for not more than three |
| (3) years or fined not more than five thousand dollars ($5,000), or both. |
| (iv) Notwithstanding any public, special, or general law to the contrary, and except as |
| otherwise provided in §§ 21-28-4.01.1 and 21-28-4.01.2, the possession of more than one ounce (1 |
| oz.) or less but not more than two ounces (2 oz.) of marijuana or the equivalent amount in the form |
| of cannabis concentrate by a person who is eighteen (18) years of age or older at least twenty-one |
| (21) years old, and who is not exempted from penalties pursuant to chapter 28.6 of this title, shall |
| constitute a civil offense, rendering the offender liable to a civil penalty in the amount of one |
| hundred fifty dollars ($150) and forfeiture of the marijuana, but not to any other form of criminal |
| or civil punishment or disqualification. Notwithstanding any public, special, or general law to the |
| contrary, this civil penalty of one hundred fifty dollars ($150) and forfeiture of the marijuana shall |
| apply if the offense is the first (1st) or second (2nd) violation within the previous eighteen (18) |
| months. |
| (v) Notwithstanding any public, special, or general law to the contrary, possession of one |
| ounce (1 oz.) two ounces (2 oz.) or less of marijuana or the equivalent amount in the form of |
| cannabis concentrate by a person who is seventeen (17) years of age or older and under the age of |
| eighteen (18) between seventeen (17) and twenty (20) years old, and who is not exempted from |
| penalties pursuant to chapter 28.6 of this title, shall constitute a civil offense, rendering the offender |
| liable to a civil penalty in the amount of one hundred fifty dollars ($150) and forfeiture of the |
| marijuana; provided the minor offender completes an approved, drug-awareness program and |
| community service as determined by the court. If the person seventeen (17) years of age or older |
| and under the age of eighteen (18) years fails to complete an approved, drug-awareness program |
| and community service within one year of the disposition, the penalty shall be a three hundred |
| dollar ($300) civil fine and forfeiture of the marijuana, except that if no drug-awareness program |
| or community service is available, the penalty shall be a fine of one hundred fifty dollars ($150) |
| and forfeiture of the marijuana. The parents or legal guardian of any offender seventeen (17) years |
| of age or older and under the age of eighteen (18) shall be notified of the offense and the availability |
| of a drug-awareness and community-service program. The drug-awareness program must be |
| approved by the court, but shall, at a minimum, provide four (4) hours of instruction or group |
| discussion and ten (10) hours of community service. Notwithstanding any other public, special, or |
| general law to the contrary, this civil penalty shall apply if the offense is the first or second violation |
| within the previous eighteen (18) months. |
| (vi) Notwithstanding any public, special, or general law to the contrary, a person not |
| exempted from penalties pursuant to chapter 28.6 of this title found in possession of one ounce (1 |
| oz.) or less of marijuana is guilty of a misdemeanor and, upon conviction, may be imprisoned for |
| not more than thirty (30) days, or fined not less than two hundred dollars ($200) nor more than five |
| hundred dollars ($500), or both, if that person has been previously adjudicated on a violation for |
| possession of less than one ounce (1 oz.) of marijuana under (c)(2)(iv) or (c)(2)(v) two (2) times in |
| the eighteen (18) months prior to the third (3rd) offense. |
| (vii) Any unpaid civil fine issued under (c)(2)(iv) or (c)(2)(v) shall double to three hundred |
| dollars ($300) if not paid within thirty (30) days of the disposition. The civil fine shall double again |
| to six hundred dollars ($600) if it has not been paid within ninety (90) days. |
| (viii) No person may be arrested for a violation of (c)(2)(iv) or (c)(2)(v) of this subsection |
| except as provided in this subparagraph. Any person in possession of an identification card, license, |
| or other form of identification issued by the state or any state, city, or town, or any college or |
| university, who fails to produce the same upon request of a police officer who informs the person |
| that he or she has been found in possession of what appears to the officer to be more than one ounce |
| (1 oz.) of marijuana, or the equivalent amount in the form of cannabis concentrate or any person |
| without any such forms of identification who fails or refuses to truthfully provide his or her name, |
| address, and date of birth to a police officer who has informed such person that the officer intends |
| to provide such individual with a citation for possession of more than one ounce (1 oz.) but less |
| than two ounces (2 oz.) of marijuana or the equivalent amount in the form of cannabis concentrate, |
| may be arrested. |
| (ix) No violation of (c)(2)(iv) or (c)(2)(v) of this subsection shall be considered a violation |
| of parole or probation. |
| (x) Any records collected by any state agency, tribunal, or the family court that include |
| personally identifiable information about violations of (c)(2)(iv) or (c)(2)(v) shall not be open to |
| public inspection in accordance with § 8-8.2-21. |
| (3) Jurisdiction. |
| (i) Any and all adjudications of violations of (c)(2)(i) shall be within the original |
| jurisdiction of the Rhode Island superior court. The department of attorney general shall prosecute |
| any and all violations of (c)(2)(i). |
| (ii) Any and all violations of (c)(2)(iv) and (c)(2)(v) shall be the exclusive jurisdiction of |
| the Rhode Island traffic tribunal. All money associated with the civil fine issued under (c)(2)(iv) or |
| (c)(2)(v) shall be payable to the Rhode Island traffic tribunal. Fifty percent (50%) of all fines |
| collected by the Rhode Island traffic tribunal from civil penalties issued pursuant to (c)(2)(iv) or |
| (c)(2)(v) shall be expended on drug-awareness and treatment programs for youth. |
| (4) Additionally, every person convicted or who pleads nolo contendere under (c)(2)(i) or |
| (c)(2)(ii) or convicted or who pleads nolo contendere a second or subsequent time under (c)(2)(ii) |
| (c)(2)(iii), who is not sentenced to a term of imprisonment to serve for the offense, shall be required |
| to: |
| (i) Perform up to one hundred (100) hours of community service; |
| (ii) Attend and complete a drug-counseling and education program, as prescribed, by the |
| director of the department of behavioral healthcare, developmental disabilities and hospitals |
| (BHDDH) similar to that in § 21-28.11-27.2, and pay the sum of four hundred dollars ($400) to |
| help defray the costs of this program which shall be deposited as general revenues. Failure to attend |
| may result, after hearing by the court, in jail sentence up to one year; |
| (iii) The court shall not suspend any part or all of the imposition of the fee required by this |
| subsection, unless the court finds an inability to pay; |
| (iv) If the offense involves the use of any automobile to transport the substance or the |
| substance is found within an automobile, then a person convicted or who pleads nolo contendere |
| under (c)(2)(i), (c)(2)(ii) or (c)(2)(iii) shall be subject to a loss of license for a period of six (6) |
| months for a first offense and one year for each offense after. |
| (5) All fees assessed and collected pursuant to (c)(2)(iii) shall be deposited as general |
| revenues and shall be collected from the person convicted or who pleads nolo contendere before |
| any other fines authorized by this chapter. |
| (d) It shall be unlawful for any person to manufacture, distribute, or possess with intent to |
| manufacture or distribute, an imitation controlled substance. Any person who violates this |
| subsection is guilty of a crime and, upon conviction, shall be subject to the same term of |
| imprisonment and/or fine as provided by this chapter for the manufacture or distribution of the |
| controlled substance that the particular imitation controlled substance forming the basis of the |
| prosecution was designed to resemble and/or represented to be; but in no case shall the |
| imprisonment be for more than five (5) years nor the fine for more than twenty thousand dollars |
| ($20,000). |
| (e) It shall be unlawful for a practitioner to prescribe, order, distribute, supply, or sell an |
| anabolic steroid or human growth hormone for: (1) Enhancing performance in an exercise, sport, |
| or game, or (2) Hormonal manipulation intended to increase muscle mass, strength, or weight |
| without a medical necessity. Any person who violates this subsection is guilty of a misdemeanor |
| and, upon conviction, may be imprisoned for not more than six (6) months or a fine of not more |
| than one thousand dollars ($1,000), or both. |
| (f) It is unlawful for any person to knowingly or intentionally possess, manufacture, |
| distribute, or possess with intent to manufacture or distribute, any extract, compound, salt |
| derivative, or mixture of salvia divinorum or datura stramonium or its extracts unless the person is |
| exempt pursuant to the provisions of § 21-28-3.30. Notwithstanding any laws to the contrary, any |
| person who violates this section is guilty of a misdemeanor and, upon conviction, may be |
| imprisoned for not more than one year, or fined not more than one thousand dollars ($1,000), or |
| both. The provisions of this section shall not apply to licensed physicians, pharmacists, and |
| accredited hospitals and teaching facilities engaged in the research or study of salvia divinorum or |
| datura stramonium and shall not apply to any person participating in clinical trials involving the |
| use of salvia divinorum or datura stramonium. |
| SECTION 11. Section 14-1-3 of the General Laws in Chapter 14-1 entitled "Proceedings |
| in Family Court" is hereby amended to read as follows: |
| 14-1-3. Definitions. |
| The following words and phrases when used in this chapter shall, unless the context |
| otherwise requires, be construed as follows: |
| (1) "Adult" means a person eighteen (18) years of age or older. |
| (2) "Appropriate person," as used in §§ 14-1-10 and 14-1-11, except in matters relating to |
| adoptions and child marriages, means and includes: |
| (i) Any police official of this state, or of any city or town within this state; |
| (ii) Any duly qualified prosecuting officer of this state, or of any city or town within this |
| state; |
| (iii) Any director of public welfare of any city or town within this state, or his or her duly |
| authorized subordinate; |
| (iv) Any truant officer or other school official of any city or town within this state; |
| (v) Any duly authorized representative of any public or duly licensed private agency or |
| institution established for purposes similar to those specified in § 8-10-2 or 14-1-2; or |
| (vi) Any maternal or paternal grandparent, who alleges that the surviving parent, in those |
| cases in which one parent is deceased, is an unfit and improper person to have custody of any child |
| or children. |
| (3) "Child" means a person under eighteen (18) years of age. |
| (4) "The court" means the family court of the state of Rhode Island. |
| (5) "Delinquent," when applied to a child, means and includes any child who has committed |
| any offense that, if committed by an adult, would constitute a felony, or who has on more than one |
| occasion violated any of the other laws of the state or of the United States or any of the ordinances |
| of cities and towns, other than ordinances relating to the operation of motor vehicles. |
| (6) "Dependent" means any child who requires the protection and assistance of the court |
| when his or her physical or mental health or welfare is harmed, or threatened with harm, due to the |
| inability of the parent or guardian, through no fault of the parent or guardian, to provide the child |
| with a minimum degree of care or proper supervision because of: |
| (i) The death or illness of a parent; or |
| (ii) The special medical, educational, or social-service needs of the child which the parent |
| is unable to provide. |
| (7) "Justice" means a justice of the family court. |
| (8) "Neglect" means a child who requires the protection and assistance of the court when |
| his or her physical or mental health or welfare is harmed, or threatened with harm, when the parents |
| or guardian: |
| (i) Fails to supply the child with adequate food, clothing, shelter, or medical care, though |
| financially able to do so or offered financial or other reasonable means to do so; |
| (ii) Fails to provide the child proper education as required by law; or |
| (iii) Abandons and/or deserts the child. |
| (9) "Supervised independent living setting" means a supervised setting in which a young |
| adult is living independently, that meets any safety and/or licensing requirements established by |
| the department for this population, and is paired with a supervising agency or a supervising worker, |
| including, but not limited to, single or shared apartments or houses, host homes, relatives' and |
| mentors' homes, college dormitories or other postsecondary educational or vocational housing. All |
| or part of the financial assistance that secures an independent supervised setting for a young adult |
| may be paid directly to the young adult if there is no provider or other child-placing intermediary, |
| or to a landlord, a college, or to a supervising agency, or to other third parties on behalf of the |
| young adult in the discretion of the department. |
| (10) "Voluntary placement agreement for extension of care" means a written agreement |
| between the state agency and a young adult who meets the eligibility conditions specified in § 14- |
| 1-6(c), acting as their own legal guardian that is binding on the parties to the agreement. At a |
| minimum, the agreement recognizes the voluntary nature of the agreement, the legal status of the |
| young adult and the rights and obligations of the young adult, as well as the services and supports |
| the agency agrees to provide during the time that the young adult consents to giving the department |
| legal responsibility for care and placement. |
| (11) "Wayward," when applied to a child, means and includes any child: |
| (i) Who has deserted his or her home without good or sufficient cause; |
| (ii) Who habitually associates with dissolute, vicious, or immoral persons; |
| (iii) Who is leading an immoral or vicious life; |
| (iv) Who is habitually disobedient to the reasonable and lawful commands of his or her |
| parent or parents, guardian, or other lawful custodian; |
| (v) Who, being required by chapter 19 of title 16 to attend school, willfully and habitually |
| absents himself or herself from school or habitually violates the rules and regulations of the school |
| when he or she attends; |
| (vi) Who has, on any occasion, violated any of the laws of the state or of the United States |
| or any of the ordinances of cities and towns, other than ordinances relating to the operation of motor |
| vehicles; or |
| (vii) Any child under seventeen (17) years of age who is in possession of one ounce (1 oz.) |
| or less of marijuana, as defined in § 21-28-1.02 violates § 21-28.11-22, and who is not exempted |
| from the penalties pursuant to chapter 28.6 of title 21. |
| (12) "Young adult" means an individual who has attained the age of eighteen (18) years |
| but has not reached the age of twenty-one (21) years and was in the legal custody of the department |
| on their eighteenth birthday pursuant to an abuse, neglect or dependency petition; or was a former |
| foster child who was adopted or placed in a guardianship after attaining age sixteen (16). |
| (13) The singular shall be construed to include the plural, the plural the singular, and the |
| masculine the feminine, when consistent with the intent of this chapter. |
| (14) For the purposes of this chapter, "electronic surveillance and monitoring devices" |
| means any "radio frequency identification device (RFID)" or "global positioning device" that is |
| either tethered to a person or is intended to be kept with a person and is used for the purposes of |
| tracking the whereabouts of that person within the community. |
| SECTION 12. Sections 31-27-2, 31-27-2.1 and 31-27-2.9 of the General Laws in Chapter |
| 31-27 entitled “Motor Vehicles Offenses” are hereby amended to read as follows: |
| 31-27-2. Driving under influence of liquor or drugs. |
| (a) Whoever drives or otherwise operates any vehicle in the state while under the influence |
| of any intoxicating liquor, drugs, toluene, or any controlled substance as defined in chapter 28 of |
| title 21, or any combination of these, shall be guilty of a misdemeanor, except as provided in |
| subsection (d)(3), and shall be punished as provided in subsection (d) of this section. |
| (b)(1) Any person charged under subsection (a), whose blood alcohol concentration is eight |
| one-hundredths of one percent (.08%) or more by weight, as shown by a chemical analysis of a |
| blood, breath, or urine sample, shall be guilty of violating subsection (a). This provision shall not |
| preclude a conviction based on other admissible evidence, including the testimony of a drug |
| recognition expert or evaluator, certified pursuant to training approved by the Rhode Island |
| department of transportation office on highway safety. Proof of guilt under this section may also |
| be based on evidence that the person charged was under the influence of intoxicating liquor, drugs, |
| toluene, or any controlled substance defined in chapter 28 of title 21, or any combination of these, |
| to a degree that rendered the person incapable of safely operating a vehicle. The fact that any person |
| charged with violating this section is, or has been, legally entitled to use alcohol or a drug shall not |
| constitute a defense against any charge of violating this section. |
| (2) [Deleted by P.L. 2021, ch. 170, § 1 and P.L. 2021, ch. 171, § 1.] |
| (c) In any criminal prosecution for a violation of subsection (a), evidence as to the amount |
| of intoxicating liquor, toluene, or any controlled substance as defined in chapter 28 of title 21, or |
| any combination of these, in the defendant's blood at the time alleged as shown by a chemical |
| analysis of the defendant's breath, blood, saliva or urine or other bodily substance, shall be |
| admissible and competent, provided that evidence is presented that the following conditions have |
| been complied with: |
| (1) The defendant has consented to the taking of the test upon which the analysis is made. |
| Evidence that the defendant had refused to submit to the test shall not be admissible unless the |
| defendant elects to testify. |
| (2) A true copy of the report of the test result was hand delivered at the location of the test |
| or mailed within seventy-two (72) hours of the taking of the test to the person submitting to a breath |
| test. |
| (3) Any person submitting to a chemical test of blood, urine, saliva or other body fluids |
| shall have a true copy of the report of the test result mailed to him or her within thirty (30) days |
| following the taking of the test. |
| (4) The test was performed according to methods and with equipment approved by the |
| director of the department of health of the state of Rhode Island and by an authorized individual. |
| (5) Equipment used for the conduct of the tests by means of breath analysis had been tested |
| for accuracy within thirty (30) days preceding the test by personnel qualified as hereinbefore |
| provided, and breathalyzer operators shall be qualified and certified by the department of health |
| within three hundred sixty-five (365) days of the test. |
| (6) The person arrested and charged with operating a motor vehicle while under the |
| influence of intoxicating liquor, toluene, or any controlled substance as defined in chapter 28 of |
| title 21 or any combination of these in violation of subsection (a), was afforded the opportunity to |
| have an additional chemical test. The officer arresting or so charging the person shall have informed |
| the person of this right and afforded him or her a reasonable opportunity to exercise this right, and |
| a notation to this effect is made in the official records of the case in the police department. Refusal |
| to permit an additional chemical test shall render incompetent and inadmissible in evidence the |
| original report. |
| (d)(1) (i) Every person found to have violated subsection (b)(1) shall be sentenced as |
| follows: for a first violation whose blood alcohol concentration is eight one-hundredths of one |
| percent (.08%), but less than one-tenth of one percent (.1%), by weight, or who has a blood presence |
| of any scheduled controlled substance as defined in chapter 28 of title 21, shall be subject to a fine |
| of not less than one hundred dollars ($100), nor more than three hundred dollars ($300); shall be |
| required to perform ten (10) to sixty (60) hours of public community restitution, and/or shall be |
| imprisoned for up to one year. The sentence may be served in any unit of the adult correctional |
| institutions in the discretion of the sentencing judge and/or shall be required to attend a special |
| course on driving while intoxicated or under the influence of a controlled substance; provided, |
| however, that the court may permit a servicemember or veteran to complete any court-approved |
| counseling program administered or approved by the Veterans' Administration, and his or her |
| driver's license shall be suspended for thirty (30) days up to one hundred eighty (180) days. The |
| sentencing judge or magistrate may prohibit that person from operating a motor vehicle, pursuant |
| to subsection (d)(9) or (d)(10) of this section, that is not equipped with an ignition interlock system |
| and/or blood and urine testing as provided in § 31-27-2.8. |
| (ii) Every person convicted of a first violation whose blood alcohol concentration is one- |
| tenth of one percent (.1%) by weight or above, but less than fifteen hundredths of one percent |
| (.15%), or whose blood alcohol concentration is unknown, shall be subject to a fine of not less than |
| one hundred ($100) dollars, nor more than four hundred dollars ($400), and shall be required to |
| perform ten (10) to sixty (60) hours of public community restitution and/or shall be imprisoned for |
| up to one year. The sentence may be served in any unit of the adult correctional institutions in the |
| discretion of the sentencing judge. The person's driving license shall be suspended for a period of |
| three (3) months to twelve (12) months. The sentencing judge shall require attendance at a special |
| course on driving while intoxicated or under the influence of a controlled substance and/or |
| alcoholic or drug treatment for the individual; provided, however, that the court may permit a |
| servicemember or veteran to complete any court-approved counseling program administered or |
| approved by the Veterans' Administration. The sentencing judge or magistrate may prohibit that |
| person from operating a motor vehicle that is not equipped with an ignition interlock system as |
| provided in § 31-27-2.8. |
| (iii) Every person convicted of a first offense whose blood alcohol concentration is fifteen |
| hundredths of one percent (.15%) or above, or who is under the influence of a drug, toluene, or any |
| controlled substance as defined in subsection (b)(1), shall be subject to a fine of five hundred dollars |
| ($500) and shall be required to perform twenty (20) to sixty (60) hours of public community |
| restitution and/or shall be imprisoned for up to one year. The sentence may be served in any unit |
| of the adult correctional institutions in the discretion of the sentencing judge. The person's driving |
| license shall be suspended for a period of three (3) months to eighteen (18) months. The sentencing |
| judge shall require attendance at a special course on driving while intoxicated or under the influence |
| of a controlled substance and/or alcohol or drug treatment for the individual; provided, however, |
| that the court may permit a servicemember or veteran to complete any court-approved counseling |
| program administered or approved by the Veterans' Administration. The sentencing judge or |
| magistrate shall prohibit that person from operating a motor vehicle, pursuant to subsection (d)(9) |
| or (d)(10) of this section, that is not equipped with an ignition interlock system and/or blood and |
| urine testing as provided in § 31-27-2.8. |
| (2)(i) Every person convicted of a second violation within a five-year (5) period with a |
| blood alcohol concentration of eight one-hundredths of one percent (.08%) or above, but less than |
| fifteen hundredths of one percent (.15%), or whose blood alcohol concentration is unknown, or |
| who has a blood presence of any controlled substance as defined in chapter 28 of title 21, and every |
| person convicted of a second violation within a five-year (5) period, regardless of whether the prior |
| violation and subsequent conviction was a violation and subsequent conviction under this statute |
| or under the driving under the influence of liquor or drugs statute of any other state, shall be subject |
| to a mandatory fine of four hundred dollars ($400). The person's driving license shall be suspended |
| for a period of one year to two (2) years, and the individual shall be sentenced to not less than ten |
| (10) days, nor more than one year, in jail. The sentence may be served in any unit of the adult |
| correctional institutions in the discretion of the sentencing judge; however, not less than forty-eight |
| (48) hours of imprisonment shall be served consecutively. The sentencing judge shall require |
| alcohol or drug treatment for the individual; provided, however, that the court may permit a |
| servicemember or veteran to complete any court-approved counseling program administered or |
| approved by the Veterans' Administration and shall prohibit that person from operating a motor |
| vehicle, pursuant to subsection (d)(9) or (d)(10) of this section, that is not equipped with an ignition |
| interlock system and/or blood and urine testing as provided in § 31-27-2.8. |
| (ii) Every person convicted of a second violation within a five-year (5) period whose blood |
| alcohol concentration is fifteen hundredths of one percent (.15%) or above, by weight as shown by |
| a chemical analysis of a blood, breath, or urine sample, or who is under the influence of a drug, |
| toluene, or any controlled substance as defined in subsection (b)(1), shall be subject to mandatory |
| imprisonment of not less than six (6) months, nor more than one year; a mandatory fine of not less |
| than one thousand dollars ($1,000); and a mandatory license suspension for a period of two (2) |
| years from the date of completion of the sentence imposed under this subsection. The sentencing |
| judge shall require alcohol or drug treatment for the individual; provided, however, that the court |
| may permit a servicemember or veteran to complete any court approved counseling program |
| administered or approved by the Veterans' Administration. The sentencing judge or magistrate shall |
| prohibit that person from operating a motor vehicle, pursuant to subsection (d)(9) or (d)(10) of this |
| section, that is not equipped with an ignition interlock system and/or blood and urine testing as |
| provided in § 31-27-2.8. |
| (3)(i) Every person convicted of a third or subsequent violation within a five-year (5) |
| period with a blood alcohol concentration of eight one-hundredths of one percent (.08%) or above, |
| but less than fifteen hundredths of one percent (.15%), or whose blood alcohol concentration is |
| unknown or who has a blood presence of any scheduled controlled substance as defined in chapter |
| 28 of title 21, regardless of whether any prior violation and subsequent conviction was a violation |
| and subsequent conviction under this statute or under the driving under the influence of liquor or |
| drugs statute of any other state, shall be guilty of a felony and be subject to a mandatory fine of |
| four hundred ($400) dollars. The person's driving license shall be suspended for a period of two (2) |
| years to three (3) years, and the individual shall be sentenced to not less than one year and not more |
| than three (3) years in jail. The sentence may be served in any unit of the adult correctional |
| institutions in the discretion of the sentencing judge; however, not less than forty-eight (48) hours |
| of imprisonment shall be served consecutively. The sentencing judge shall require alcohol or drug |
| treatment for the individual; provided, however, that the court may permit a servicemember or |
| veteran to complete any court-approved counseling program administered or approved by the |
| Veterans' Administration, and shall prohibit that person from operating a motor vehicle, pursuant |
| to subsection (d)(9) or (d)(10) of this section, that is not equipped with an ignition interlock system |
| and/or blood and urine testing as provided in § 31-27-2.8. |
| (ii) Every person convicted of a third or subsequent violation within a ten-year (10) period |
| whose blood alcohol concentration is fifteen hundredths of one percent (.15%) above by weight as |
| shown by a chemical analysis of a blood, breath, or urine sample, or who is under the influence of |
| a drug, toluene, or any controlled substance as defined in subsection (b)(1), shall be subject to |
| mandatory imprisonment of not less than three (3) years, nor more than five (5) years; a mandatory |
| fine of not less than one thousand dollars ($1,000), nor more than five thousand dollars ($5,000); |
| and a mandatory license suspension for a period of three (3) years from the date of completion of |
| the sentence imposed under this subsection. The sentencing judge shall require alcohol or drug |
| treatment for the individual. The sentencing judge or magistrate shall prohibit that person from |
| operating a motor vehicle, pursuant to subsection (d)(9) or (d)(10) of this section, that is not |
| equipped with an ignition interlock system and/or blood and urine testing as provided in § 31-27- |
| 2.8. |
| (iii) In addition to the foregoing penalties, every person convicted of a third or subsequent |
| violation within a five-year (5) period, regardless of whether any prior violation and subsequent |
| conviction was a violation and subsequent conviction under this statute or under the driving under |
| the influence of liquor or drugs statute of any other state, shall be subject, in the discretion of the |
| sentencing judge, to having the vehicle owned and operated by the violator seized and sold by the |
| state of Rhode Island, with all funds obtained by the sale to be transferred to the general fund. |
| (4) Whoever drives or otherwise operates any vehicle in the state while under the influence |
| of any intoxicating liquor, drugs, toluene, or any controlled substance as defined in chapter 28 of |
| title 21, or any combination of these, when his or her license to operate is suspended, revoked, or |
| cancelled for operating under the influence of a narcotic drug or intoxicating liquor, shall be guilty |
| of a felony punishable by imprisonment for not more than three (3) years and by a fine of not more |
| than three thousand dollars ($3,000). The court shall require alcohol and/or drug treatment for the |
| individual; provided, the penalties provided for in this subsection (d)(4) shall not apply to an |
| individual who has surrendered his or her license and served the court-ordered period of suspension, |
| but who, for any reason, has not had his or her license reinstated after the period of suspension, |
| revocation, or suspension has expired; provided, further, the individual shall be subject to the |
| provisions of subsection (d)(2)(i), (d)(2)(ii), (d)(3)(i), (d)(3)(ii), or (d)(3)(iii) regarding subsequent |
| offenses, and any other applicable provision of this section. |
| (5)(i) For purposes of determining the period of license suspension, a prior violation shall |
| constitute any charge brought and sustained under the provisions of this section or § 31-27-2.1. |
| (ii) Any person over the age of eighteen (18) who is convicted under this section for |
| operating a motor vehicle while under the influence of alcohol, other drugs, or a combination of |
| these, while a child under the age of thirteen (13) years was present as a passenger in the motor |
| vehicle when the offense was committed shall be subject to immediate license suspension pending |
| prosecution. Any person convicted of violating this section shall be guilty of a misdemeanor for a |
| first offense and may be sentenced to a term of imprisonment of not more than one year and a fine |
| not to exceed one thousand dollars ($1,000). Any person convicted of a second or subsequent |
| offense shall be guilty of a felony offense and may be sentenced to a term of imprisonment of not |
| more than five (5) years and a fine not to exceed five thousand dollars ($5,000). The sentencing |
| judge shall also order a license suspension of up to two (2) years, require attendance at a special |
| course on driving while intoxicated or under the influence of a controlled substance, and alcohol |
| or drug education and/or treatment. The individual may also be required to pay a highway |
| assessment fee of no more than five hundred dollars ($500) and the assessment shall be deposited |
| in the general fund. |
| (6)(i) Any person convicted of a violation under this section shall pay a highway |
| assessment fine of five hundred dollars ($500) that shall be deposited into the general fund. The |
| assessment provided for by this subsection shall be collected from a violator before any other fines |
| authorized by this section. |
| (ii) Any person convicted of a violation under this section shall be assessed a fee of eighty- |
| six dollars ($86). |
| (7)(i) If the person convicted of violating this section is under the age of eighteen (18) |
| years, for the first violation he or she shall be required to perform ten (10) to sixty (60) hours of |
| public community restitution and the juvenile's driving license shall be suspended for a period of |
| six (6) months, and may be suspended for a period up to eighteen (18) months. The sentencing |
| judge shall also require attendance at a special course on driving while intoxicated or under the |
| influence of a controlled substance and alcohol or drug education and/or treatment for the juvenile. |
| The juvenile may also be required to pay a highway assessment fine of no more than five hundred |
| dollars ($500) and the assessment imposed shall be deposited into the general fund. |
| (ii) If the person convicted of violating this section is under the age of eighteen (18) years, |
| for a second or subsequent violation regardless of whether any prior violation and subsequent |
| conviction was a violation and subsequent conviction under this statute or under the driving under |
| the influence of liquor or drugs statute of any other state, he or she shall be subject to a mandatory |
| suspension of his or her driving license until such time as he or she is twenty-one (21) years of age |
| and may, in the discretion of the sentencing judge, also be sentenced to the Rhode Island training |
| school for a period of not more than one year and/or a fine of not more than five hundred dollars |
| ($500). |
| (8) Any person convicted of a violation under this section may undergo a clinical |
| assessment at the community college of Rhode Island's center for workforce and community |
| education. Should this clinical assessment determine problems of alcohol, drug abuse, or |
| psychological problems associated with alcoholic or drug abuse, this person shall be referred to an |
| appropriate facility, licensed or approved by the department of behavioral healthcare, |
| developmental disabilities and hospitals, for treatment placement, case management, and |
| monitoring. In the case of a servicemember or veteran, the court may order that the person be |
| evaluated through the Veterans' Administration. Should the clinical assessment determine problems |
| of alcohol, drug abuse, or psychological problems associated with alcohol or drug abuse, the person |
| may have their treatment, case management, and monitoring administered or approved by the |
| Veterans' Administration. |
| (9) Notwithstanding any other sentencing and disposition provisions contained in this |
| chapter, if the judge or magistrate makes a finding beyond a reasonable doubt that a motorist was |
| operating a vehicle in the state while under the influence of drugs, toluene, or any controlled |
| substance as evidenced by the presence of controlled substances on or about the person or vehicle, |
| or other reliable indicia or articulable conditions thereof, but not intoxicating liquor based on a |
| preliminary breath test, results from a breathalyzer that indicates no blood alcohol concentration, |
| or both, the judge or magistrate may exercise his or her discretion and eliminate the requirement of |
| an ignition interlock system; provided, that blood and/or urine testing is mandated as a condition |
| to operating a motor vehicle as provided in § 31-27-2.8. |
| (10) Notwithstanding any other sentencing and disposition provisions contained in this |
| chapter, if the judge or magistrate makes a finding beyond a reasonable doubt that a motorist was |
| operating a vehicle in the state while under the influence of drugs, toluene, or any controlled |
| substance as evidenced by the presence of controlled substances on or about the person or vehicle, |
| or other reliable indicia or articulable conditions thereof and intoxicating liquor based on a |
| preliminary breath test, results from a breathalyzer that indicates blood alcohol concentration, or |
| both, the judge or magistrate may require an ignition interlock system in addition to blood and/or |
| urine testing as a condition to operating a motor vehicle as provided in § 31-27-2.8. |
| (e) Percent by weight of alcohol in the blood shall be based upon milligrams of alcohol per |
| one hundred cubic centimeters (100 cc) of blood. |
| (f)(1) There is established an alcohol and drug safety unit within the division of motor |
| vehicles to administer an alcohol safety action program. The program shall provide for placement |
| and follow-up for persons who are required to pay the highway safety assessment. The alcohol and |
| drug safety action program will be administered in conjunction with alcohol and drug programs |
| licensed by the department of behavioral healthcare, developmental disabilities and hospitals. |
| (2) Persons convicted under the provisions of this chapter shall be required to attend a |
| special course on driving while intoxicated or under the influence of a controlled substance, and/or |
| participate in an alcohol or drug treatment program, which course and programs must meet the |
| standards established by the Rhode Island department of behavioral healthcare, developmental |
| disabilities and hospitals; provided, however, that the court may permit a servicemember or veteran |
| to complete any court-approved counseling program administered or approved by the Veterans' |
| Administration. The course shall take into consideration any language barrier that may exist as to |
| any person ordered to attend, and shall provide for instruction reasonably calculated to |
| communicate the purposes of the course in accordance with the requirements of the subsection. |
| Any costs reasonably incurred in connection with the provision of this accommodation shall be |
| borne by the person being retrained. A copy of any violation under this section shall be forwarded |
| by the court to the alcohol and drug safety unit. In the event that persons convicted under the |
| provisions of this chapter fail to attend and complete the above course or treatment program, as |
| ordered by the judge, then the person may be brought before the court, and after a hearing as to |
| why the order of the court was not followed, may be sentenced to jail for a period not exceeding |
| one year. |
| (3) The alcohol and drug safety action program within the division of motor vehicles shall |
| be funded by general revenue appropriations. |
| (g) The director of the department of health is empowered to make and file with the |
| secretary of state regulations that prescribe the techniques and methods of chemical analysis of the |
| person's body fluids or breath and the qualifications and certification of individuals authorized to |
| administer this testing and analysis. |
| (h) Jurisdiction for misdemeanor violations of this section shall be with the district court |
| for persons eighteen (18) years of age or older and to the family court for persons under the age of |
| eighteen (18) years. The courts shall have full authority to impose any sentence authorized and to |
| order the suspension of any license for violations of this section. Trials in superior court are not |
| required to be scheduled within thirty (30) days of the arraignment date. |
| (i) No fines, suspensions, assessments, alcohol or drug treatment programs, course on |
| driving while intoxicated or under the influence of a controlled substance, public community |
| restitution, or jail provided for under this section can be suspended. |
| (j) An order to attend a special course on driving while intoxicated, that shall be |
| administered in cooperation with a college or university accredited by the state, shall include a |
| provision to pay a reasonable tuition for the course in an amount not less than twenty-five dollars |
| ($25.00), and a fee of one hundred seventy-five dollars ($175), which fee shall be deposited into |
| the general fund. |
| (k) For the purposes of this section, any test of a sample of blood, breath, or urine for the |
| presence of alcohol that relies in whole or in part upon the principle of infrared light absorption is |
| considered a chemical test. |
| (l) If any provision of this section, or the application of any provision, shall for any reason |
| be judged invalid, such a judgment shall not affect, impair, or invalidate the remainder of the |
| section, but shall be confined in this effect to the provision or application directly involved in the |
| controversy giving rise to the judgment. |
| (m) For the purposes of this section, "servicemember" means a person who is presently |
| serving in the armed forces of the United States, including the Coast Guard, a reserve component |
| thereof, or the National Guard. "Veteran" means a person who has served in the armed forces, |
| including the Coast Guard of the United States, a reserve component thereof, or the National Guard, |
| and has been discharged under other than dishonorable conditions. |
| 31-27-2.1. Refusal to submit to chemical test. |
| (a) Any person who operates a motor vehicle within this state shall be deemed to have |
| given his or her consent to chemical tests of his or her breath, blood, saliva and/or urine for the |
| purpose of determining the chemical content of his or her body fluids or breath. No more than two |
| (2) complete tests, one for the presence of intoxicating liquor and one for the presence of toluene |
| or any controlled substance, as defined in § 21-28-1.02, shall be administered at the direction of a |
| law enforcement officer having reasonable grounds to believe the person to have been driving a |
| motor vehicle within this state while under the influence of intoxicating liquor, toluene, or any |
| controlled substance, as defined in chapter 28 of title 21, or any combination of these. The director |
| of the department of health is empowered to make and file, with the secretary of state, regulations |
| that prescribe the techniques and methods of chemical analysis of the person's body fluids or breath |
| and the qualifications and certification of individuals authorized to administer the testing and |
| analysis. |
| (b) If a person, for religious or medical reasons, cannot be subjected to blood tests, the |
| person may file an affidavit with the division of motor vehicles stating the reasons why he or she |
| cannot be required to take blood tests and a notation to this effect shall be made on his or her |
| license. If that person is asked to submit to chemical tests as provided under this chapter, the person |
| shall only be required to submit to chemical tests of his or her breath, saliva or urine. When a person |
| is requested to submit to blood tests, only a physician or registered nurse, or a medical technician |
| certified under regulations promulgated by the director of the department of health, may withdraw |
| blood for the purpose of determining the alcoholic content in it. This limitation shall not apply to |
| the taking of breath, saliva or urine specimens. The person tested shall be permitted to have a |
| physician of his or her own choosing, and at his or her own expense, administer chemical tests of |
| his or her breath, blood, saliva and/or urine in addition to the tests administered at the direction of |
| a law enforcement officer. If a person, having been placed under arrest, refuses upon the request of |
| a law enforcement officer to submit to the tests, as provided in § 31-27-2, none shall be given. |
| (1) At the initial traffic tribunal appearance, the magistrate shall review the incident, action, |
| and/or arrest reports submitted by the law enforcement officer to determine if there exists |
| reasonable grounds to believe that the person had been driving a motor vehicle while under the |
| influence of intoxicating liquor, toluene, or any controlled substance as defined in chapter 28 of |
| title 21, or any combination thereof. The magistrate shall also determine if the person had been |
| informed of the penalties incurred as a result of failing to submit to a chemical test as provided in |
| this section and that the person had been informed of the implied consent notice contained in |
| subsection (c)(10) of this section. For the purpose of this subsection only, "driving a motor vehicle |
| while under the influence of any controlled substance as defined in chapter 28 of title 21" shall be |
| indicated by the presence or aroma of a controlled substance on or about the person or vehicle of |
| the individual refusing the chemical test or other reliable indicia or articulable conditions that the |
| person was impaired due to their intake of a controlled substance. |
| (2) If the magistrate determines that subsection (b)(1) of this section has been satisfied they |
| shall promptly order that the person's operator's license or privilege to operate a motor vehicle in |
| this state be immediately suspended. Said suspension shall be subject to the hardship provisions |
| enumerated in § 31-27-2.8. |
| (c) A traffic tribunal judge or magistrate, or a district court judge or magistrate, pursuant |
| to the terms of subsection (d) of this section, shall order as follows: |
| (1) Impose, for the first violation, a fine in the amount of two hundred dollars ($200) to |
| five hundred dollars ($500) and shall order the person to perform ten (10) to sixty (60) hours of |
| public community restitution. The person's driving license in this state shall be suspended for a |
| period of six (6) months to one year. The traffic tribunal judge or magistrate shall require attendance |
| at a special course on driving while intoxicated or under the influence of a controlled substance |
| and/or alcohol or drug treatment for the individual. The traffic tribunal judge or magistrate may |
| prohibit that person from operating a motor vehicle that is not equipped with an ignition interlock |
| system and/or blood and urine testing as provided in § 31-27-2.8. |
| (2) Every person convicted of a second violation within a five-year (5) period, except with |
| respect to cases of refusal to submit to a blood test, shall be guilty of a misdemeanor; shall be |
| imprisoned for not more than six (6) months; shall pay a fine in the amount of six hundred dollars |
| ($600) to one thousand dollars ($1,000); perform sixty (60) to one hundred (100) hours of public |
| community restitution; and the person's driving license in this state shall be suspended for a period |
| of one year to two (2) years. The judge or magistrate shall require alcohol and/or drug treatment |
| for the individual. The sentencing judge or magistrate shall prohibit that person from operating a |
| motor vehicle that is not equipped with an ignition interlock system and/or blood and urine testing |
| as provided in § 31-27-2.8. |
| (3) Every person convicted for a third or subsequent violation within a five-year (5) period, |
| except with respect to cases of refusal to submit to a blood test, shall be guilty of a misdemeanor; |
| and shall be imprisoned for not more than one year; fined eight hundred dollars ($800) to one |
| thousand dollars ($1,000); shall perform not less than one hundred (100) hours of public community |
| restitution; and the person's operator's license in this state shall be suspended for a period of two |
| (2) years to five (5) years. The sentencing judge or magistrate shall prohibit that person from |
| operating a motor vehicle that is not equipped with an ignition interlock system and/or blood and |
| urine testing as provided in § 31-27-2.8. The judge or magistrate shall require alcohol or drug |
| treatment for the individual. Provided, that prior to the reinstatement of a license to a person charged |
| with a third or subsequent violation within a three-year (3) period, a hearing shall be held before a |
| judge or magistrate. At the hearing, the judge or magistrate shall review the person's driving record, |
| his or her employment history, family background, and any other pertinent factors that would |
| indicate that the person has demonstrated behavior that warrants the reinstatement of his or her |
| license. |
| (4) For a second violation within a five-year (5) period with respect to a case of a refusal |
| to submit to a blood test, a fine in the amount of six hundred dollars ($600) to one thousand dollars |
| ($1,000); the person shall perform sixty (60) to one hundred (100) hours of public community |
| restitution; and the person's driving license in this state shall be suspended for a period of two (2) |
| years. The judicial officer shall require alcohol and/or drug treatment for the individual. The |
| sentencing judicial officer shall prohibit that person from operating a motor vehicle that is not |
| equipped with an ignition interlock system as provided in § 31-27-2.8. Such a violation with respect |
| to refusal to submit to a chemical blood test shall be a civil offense. |
| (5) For a third or subsequent violation within a five-year (5) period with respect to a case |
| of a refusal to submit to a blood test, a fine in the amount of eight hundred dollars ($800) to one |
| thousand dollars ($1,000); the person shall perform not less than one hundred (100) hours of public |
| community restitution; and the person's driving license in this state shall be suspended for a period |
| of two (2) to five (5) years. The sentencing judicial officer shall prohibit that person from operating |
| a motor vehicle that is not equipped with an ignition interlock system as provided in § 31-27-2.8. |
| The judicial officer shall require alcohol and/or drug treatment for the individual. Such a violation |
| with respect to refusal to submit to a chemical test of blood shall be a civil offense. Provided, that |
| prior to the reinstatement of a license to a person charged with a third or subsequent violation within |
| a three-year (3) period, a hearing shall be held before a judicial officer. At the hearing, the judicial |
| officer shall review the person's driving record, his or her employment history, family background, |
| and any other pertinent factors that would indicate that the person has demonstrated behavior that |
| warrants the reinstatement of their license. |
| (6) For purposes of determining the period of license suspension, a prior violation shall |
| constitute any charge brought and sustained under the provisions of this section or § 31-27-2. |
| (7) In addition to any other fines, a highway safety assessment of five hundred dollars |
| ($500) shall be paid by any person found in violation of this section, the assessment to be deposited |
| into the general fund. The assessment provided for by this subsection shall be collected from a |
| violator before any other fines authorized by this section. |
| (8) In addition to any other fines and highway safety assessments, a two-hundred-dollar |
| ($200) assessment shall be paid by any person found in violation of this section to support the |
| department of health's chemical testing programs outlined in §§ 31-27-2(f) and 31-27-2(g), that |
| shall be deposited as general revenues, not restricted receipts. |
| (9) No fines, suspensions, assessments, alcohol or drug treatment programs, course on |
| driving while intoxicated or under the influence of a controlled substance, or public community |
| restitution provided for under this section can be suspended. |
| (10) Implied consent notice for persons eighteen (18) years of age or older: "Rhode Island |
| law requires you to submit to a chemical test of your blood, breath, or urine for the purpose of |
| determining the chemical content of your body fluids or breath. If you refuse this testing, certain |
| penalties can be imposed and include the following: for a first offense, your Rhode Island driver's |
| license or privilege to operate a motor vehicle in this state can be suspended for six (6) months to |
| one year or modified to permit operation in connection with an ignition interlock device for a period |
| specified by law; a fine from two hundred dollars ($200) to five hundred dollars ($500) can be |
| imposed; and you can be ordered to perform ten (10) to sixty (60) hours of community service and |
| attend a special course on driving while intoxicated or under the influence of a controlled substance |
| and/or alcohol or drug treatment. If you have had one or more previous offenses within the past |
| five (5) years, your refusal to submit to a chemical test of breath or urine at this time can have |
| criminal penalties, including incarceration up to six (6) months for a second offense and up to one |
| year for a third or subsequent offense, and can carry increased license suspension or ignition |
| interlock period, fines, and community service. All violators shall pay a five hundred dollar ($500) |
| highway safety assessment fee, a two hundred dollar ($200) department of health chemical testing |
| programs assessment fee, and a license reinstatement fee. Refusal to submit to a chemical test of |
| blood shall not subject you to criminal penalties for the refusal itself, but if you have one or more |
| previous offenses other civil penalties may increase. You have the right to be examined at your |
| own expense by a physician selected by you. If you submit to a chemical test at this time, you have |
| the right to have an additional chemical test performed at your own expense. You will be afforded |
| a reasonable opportunity to exercise these rights. Access to a telephone will be made available for |
| you to make those arrangements. You may now use a telephone." |
| Use of this implied consent notice shall serve as evidence that a person's consent to a |
| chemical test is valid in a prosecution involving driving under the influence of liquor, controlled |
| substances, and/or drugs. |
| (d) Upon suspending or refusing to issue a license or permit as provided in subsection (a), |
| the traffic tribunal or district court shall immediately notify the person involved in writing, and |
| upon his or her request, within fifteen (15) days, afford the person an opportunity for a hearing as |
| early as practical upon receipt of a request in writing. Upon a hearing, the judge may administer |
| oaths and may issue subpoenas for the attendance of witnesses and the production of relevant books |
| and papers. If the judge finds after the hearing that: |
| (1) The law enforcement officer making the sworn report had reasonable grounds to believe |
| that the arrested person had been driving a motor vehicle within this state while under the influence |
| of intoxicating liquor, toluene, or any controlled substance, as defined in chapter 28 of title 21, or |
| any combination of these; |
| (2) The person, while under arrest, refused to submit to the tests upon the request of a law |
| enforcement officer; |
| (3) The person had been informed of his or her rights in accordance with § 31-27-3; and |
| (4) The person had been informed of the penalties incurred as a result of noncompliance |
| with this section, the judge shall sustain the violation. The judge shall then impose the penalties set |
| forth in subsection (c) of this section. Action by the judge must be taken within seven (7) days after |
| the hearing or it shall be presumed that the judge has refused to issue his or her order of suspension. |
| (e) For the purposes of this section, any test of a sample of blood, breath, or urine for the |
| presence of alcohol that relies, in whole or in part, upon the principle of infrared light absorption is |
| considered a chemical test. |
| (f) If any provision of this section, or the application of any provision, shall, for any reason, |
| be judged invalid, the judgment shall not affect, impair, or invalidate the remainder of the section, |
| but shall be confined in this effect to the provisions or application directly involved in the |
| controversy giving rise to the judgment. |
| 31-27-2.9. Administration of chemical test. |
| (a) Notwithstanding any provision of § 31-27-2.1, if an individual refuses to consent to a |
| chemical test as provided in § 31-27-2.1, and a peace officer, as defined in § 12-7-21, has probable |
| cause to believe that the individual has violated one or more of the following sections: 31-27-1, 31- |
| 27-1.1, 31-27-2.2, or 31-27-2.6 and that the individual was operating a motor vehicle under the |
| influence of any intoxicating liquor, toluene or any controlled substance as defined in chapter 21- |
| 28, or any combination thereof, a chemical test may be administered without the consent of that |
| individual provided that the peace officer first obtains a search warrant authorizing administration |
| of the chemical test. The chemical test shall determine the amount of the alcohol or the presence of |
| a controlled substance in that person's blood, saliva or breath. |
| (b) The chemical test shall be administered in accordance with the methods approved by |
| the director of the department of health as provided for in subdivision 31-27-2(c)(4). The individual |
| shall be afforded the opportunity to have an additional chemical test as established in subdivision |
| 31-27-2(c)(6). |
| (c) Notwithstanding any other law to the contrary, including, but not limited to, chapter 5- |
| 37.3, any health care provider who, as authorized by the search warrant in subsection (a): |
| (i) Takes a blood, saliva or breath sample from an individual; or |
| (ii) Performs the chemical test; or |
| (iii) Provides information to a peace officer pursuant to subsection (a) above and who uses |
| reasonable care and accepted medical practices shall not be liable in any civil or criminal |
| proceeding arising from the taking of the sample, from the performance of the chemical test or from |
| the disclosure or release of the test results. |
| (d) The results of a chemical test performed pursuant to this section shall be admissible as |
| competent evidence in any civil or criminal prosecution provided that evidence is presented in |
| compliance with the conditions set forth in subdivisions 31-27-2(c)(3), 31-27-2(c)(4) and 31-27- |
| 2(c)(6). |
| (e) All chemical tests administered pursuant to this section shall be audio and video |
| recorded by the law enforcement agency which applied for and was granted the search warrant |
| authorizing the administration of the chemical test. |
| SECTION 13. This act shall take effect upon passage. |
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| LC005360/SUB A |
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