TITLE 21
Food And Drugs

CHAPTER 21-28.6
The Edward O. Hawkins and Thomas C. Slater Medical Marijuana Act

SECTION 21-28.6-9


§ 21-28.6-9. Enforcement.

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

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

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

(d) If a cardholder exceeds the possession limits set forth in § 21-28.6-4 or § 21-28.6-14, or is in violation of any other section of this chapter or the regulations promulgated hereunder, he or she may be subject to arrest and prosecution under chapter 28 of this title ("Rhode Island controlled substances act").

(e)(1) Notwithstanding any other provision of this chapter, if the director of the department of business regulation, or his or her designee, has cause to believe that a violation of any provision of this chapter or the regulations promulgated thereunder has occurred by a licensee or registrant under the department's jurisdiction, or that any person or entity is conducting any activities requiring licensure or registration by the department of business regulation under this chapter or the regulations promulgated thereunder without such licensure or registration, or is otherwise violating any provisions of this chapter, the director, or his or her designee, may, in accordance with the requirements of the administrative procedures act, chapter 35 of title 42:

(i) With the exception of patient and authorized purchaser registrations, revoke or suspend any license or registration issued under chapter 26 of title 2 or this chapter;

(ii) Levy an administrative penalty in an amount established pursuant to regulations promulgated by the department of business regulation;

(iii) Order the violator to cease and desist such actions;

(iv) Require a licensee or registrant or person or entity conducting any activities requiring licensure or registration under this chapter to take those actions as are necessary to comply with this chapter and the regulations promulgated thereunder; or

(v) Any combination of the above penalties.

(2) If the director of the department of business regulation finds that public health, safety, or welfare imperatively requires emergency action, and incorporates a finding to that effect in his or her order, summary suspension of license or registration and/or cease and desist may be ordered pending proceedings for revocation or other action. These proceedings shall be promptly instituted and determined.

(f) All cannabis products that are held for sale or distribution within the borders of this state in violation of the requirements of this chapter are declared to be contraband goods and may be seized by the department of business regulation, the tax administrator, or his or her agents or employees, or by any sheriff, or his or her deputy, or any police officer when requested by the tax administrator or the department of business regulation to do so, without a warrant. All contraband goods seized by the state under this chapter may be destroyed.

History of Section.
(P.L. 2005, ch. 442, § 1; P.L. 2005, ch. 443, § 1; P.L. 2007, ch. 72, § 1; P.L. 2007, ch. 495, § 1; P.L. 2014, ch. 515, § 2; P.L. 2016, ch. 142, art. 14, § 1; P.L. 2019, ch. 88, art. 15, § 5.)